Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/38

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE 47. Appeal Board established

(1) A board to be known as the “Unsolicited Electronic Messages (Enforcement Notices) Appeal Board” is established.

(2) The Chief Executive shall appoint a legally qualified person to be the Chairman of the Appeal Board and such other legally qualified persons as he thinks fit to be Deputy Chairmen of the Appeal Board.

(3) The Chief Executive shall appoint a panel of persons, not being public officers, whom he considers suitable for selection under section 49(1)(b) (composition of Appeal Board for purposes of appeal) as members of the Appeal Board.

(4) A person shall be appointed under subsection (2) or (3) for a term of not more than 3 years but may be reappointed.

(5) An appointment under subsection (2) or (3) shall be notified in the Gazette.

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

(7) The Chief Executive may revoke the appointment of the Chairman, a Deputy Chairman or a panel member on the ground of incapacity, bankruptcy, neglect of duty or misconduct proved to the satisfaction of the Chief Executive.

(8) The remuneration, if any, of the Chairman, a Deputy Chairman and a panel member shall be paid at a rate that the Financial Secretary determines.

48. Appeals to Appeal Board

(1) A person on whom an enforcement notice is served under section 38 (Authority may issue enforcement notice) may appeal to the Appeal Board against the enforcement notice or any part of the enforcement notice.

(2) A person who wishes to appeal under this section must lodge a notice of appeal with the Appeal Board not later than 14 days after the enforcement notice is served on him under section 38 (Authority may issue enforcement notice).

(3) Unless ordered by the Appeal Board under section 51(1)(i) (powers of Appeal Board), the lodging of a notice of appeal shall not have the effect of suspending the operation of the enforcement notice or any part of the enforcement notice under appeal.

49. Composition of Appeal Board for purposes of appeal

(1) For the purposes of an appeal, the Appeal Board shall consist of—