Page:Product Eco-responsibility Ordinance (Cap. 603).pdf/12

PRODUCT ECO-RESPONSIBILITY ORDINANCE (3) On an appeal, the Appeal Board may confirm, reverse or vary a decision under appeal.

(4) Every question before the Appeal Board shall be determined by the opinion of the majority of the Chairman and the panel members hearing the appeal except a question of law which shall be determined by the Chairman.

(5) In the event of an equality of votes, the Chairman has a casting vote.

(6) The Appeal Board may—
 * (a) receive evidence on oath;
 * (b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law;
 * (c) by notice in writing summon any person to appear before it to produce any document or to give evidence; and
 * (d) award such amount for costs in an appeal as is just and equitable in the circumstances of the case.

(7) The party awarded any costs may enforce the award as a civil debt.

(8) Costs awarded against the Director or an authorized officer are charged on the general revenue.

(9) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made for it in this Ordinance.

16. Supplementary provisions as to Appeal Board

(1) If the Chairman is precluded by any cause from performing his functions during any period, the Deputy Chairman shall act as Chairman and as such perform all of the functions of the Chairman during that period.

(2) If both the Chairman and the Deputy Chairman are precluded by any cause from performing their functions during any period, the Chief Executive may appoint any other person who is legally qualified and not a public officer to act as Chairman and as such to perform all of the functions of the Chairman during that period.

(3) If a panel member appointed under section 15 to hear an appeal is precluded by any cause from performing his functions during any period, the Chairman may appoint any other panel member to act in his place during that period.

(4) The Chairman, the Deputy Chairman or any panel member may at any time resign his office by notice in writing to the Chief Executive.

(5) If there is a change in the membership of the Appeal Board (whether in respect of the Chairman or any other member) during the hearing of an appeal, the following applies—