(Cap 459 section 23) [1 April 1995] (L.N. 117 of 1995) Cap 459B s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 459B s 2 Interpretation In this Regulation- "appellant" (上诉人) means a person who lodges a notice of appeal under section 12 of the Ordinance. (Enacted 1995) Cap 459B s 3 Notice of appeal Notice of appeal under section 12 of the Ordinance shall be- (a) in Form 1 in the Schedule; and (b) lodged by the appellant with the Chairman. (Enacted 1995) Cap 459B s 4 Appellant to serve copy of notice of appeal and statement of particulars When lodging a notice of appeal under section 12 of the Ordinance, the appellant shall at the same time serve a copy of such notice on the Director and shall furnish to the Director and the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Appeal Board and the Director are fully and fairly informed of the grounds of the appeal. (Enacted 1995) Cap 459B s 5 Further particulars If any party to any appeal requires further particulars from the other party relating to the appeal he may, within 7 days after the service on the Director of a copy of the notice of appeal under section 4 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall, within 7 days after notice is served under this section or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman. (Enacted 1995) Cap 459B s 6 Inspection of documents (1) Any party to any appeal may at any time serve notice on the other party to produce, within 7 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof. (2) Any party who fails to comply with a notice under subsection (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Appeal Board that he had a reason for his failure to comply which the Appeal Board deems sufficient. (Enacted 1995) Cap 459B s 7 Date, time and place of hearing Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the Director notice of the date, time and place in Form 2 in the Schedule. (Enacted 1995) Cap 459B s 8 Summons to witness Upon application by any party to any appeal in Form 3 in the Schedule, the Chairman may issue a witness summons in Form 4 in the Schedule to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence. (Enacted 1995) Cap 459B s 9 Appeal to be conducted in public The hearing of an appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the Director, orders that all or any persons should be excluded from the whole or any part of the hearing. (Enacted 1995) Cap 459B s 10 Representation At the hearing of an appeal - (a) the appellant may be represented by a barrister or solicitor; and (b) the Director may be represented by a barrister, solicitor or legal officer. (Enacted 1995) Cap 459B s 11 Abandonment of appeal (1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman. (2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the Director. (Enacted 1995) Cap 459B s 12 Failure of appellant to attend hearing (1) If on the date and time fixed for the hearing of the appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may- (a) if satisfied that the appellant's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit; (b) proceed to hear the appeal; or (c) dismiss the appeal.(2) Where the appeal is dismissed by the Appeal Board under subsection (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal. (3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the Director. (4) Where the Appeal Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the Director notice of the date, time and place in Form 2 in the Schedule. (Enacted 1995) Cap 459B s 13 Failure of appellant to serve notice of appeal on Director or to furnish particulars Where an Appeal Board is satisfied that the appellant has failed- (a) to serve a copy of the notice of appeal on the Director under section 4; (b) to furnish a statement of particulars to the Director and the Chairman under section 4; or (c) to furnish further particulars to the Director under section 5,the Appeal Board may dismiss the appeal. (Enacted 1995) Cap 459B s 14 Record of proceedings The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board- (a) the grounds of the appeal; (b) the name of the appellant; (c) the name of any person who appears as a witness for the appellant; (d) the name of any person who appears as a witness for the Director; (e) the name of any person summoned as a witness before the Appeal Board; (f) the evidence of any person who gives evidence; (g) the decision of the Appeal Board; (h) the amount of any sum awarded under section 14 of the Ordinance in respect of the costs involved in the appeal; and the name of the person in favour of whom the award was made. (Enacted 1995) Cap 459B s 15 Service of notices by Chairman, Director or appellant Any notice required to be served under this Regulation- (a) by the Chairman on the appellant or the Director; (b) by the Director on the appellant; or (c) by the appellant on the Director,may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the Director, as the case may be. (Enacted 1995) Cap 459B s 16 Notice, statement or other document to be lodged with or furnished to the Chairman Any notice, statement or other document required to be lodged with or furnished to the Chairman under this Regulation may be lodged with or furnished to the Chairman by sending a copy by registered post addressed to the Chairman at the office of the Secretary for Health, Welfare and Food. (L.N. 198 of 1996; L.N. 106 of 2002) Cap 459B SCHEDULE [sections 3, 7, 8 & 12] FORM 1 [section 3] RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE (Cap 459) NOTICE OF APPEAL UNDER SECTION 12 OF THE ORDINANCE Before completing this form read the note below. To: Chairman of the Appeal Board 1. Full name of Appellant: ............................................................................................... 2. Address of Appellant: ................................................................................................. ........................................................ Telephone No.: ................................................. 3. Address of Appellant or name and address of duly authorized representative for service if different from the above: .................................................................................................................................. .................................................................................................................................. 4. Details of decision appealed against: (Attach copy of decision and indicate the particular aspect being the subject of the appeal) .................................................................................................................................. .................................................................................................................................. Dated this ......... day of ............... 19 ....... ........................................... Appellant. Please note: 1. This form is to be used by a person who is aggrieved by a decision of the Director under section 7, 8, 9 or 10 of the Ordinance. 2. This form must be completed in accordance with the directions specified in the form and lodged with the Chairman of the Appeal Board at the office of the Secretary for Health, Welfare and Food before the expiry of 28 days after the service upon you of notice from the Director in respect of the decision you wish to appeal against. 3. At the same time that this notice is lodged you are required to serve a copy of the notice on the Director, personally, or by registered post addressed to the last known address of the Director and to furnish to the Director and the Chairman a statement specifying the particulars of the appeal which you seek to establish, including such particulars of evidence to be adduced, documents to be produced, names of witnesses to be called and other circumstances as may suffice to ensure that the Appeal Board and the Director are fully and fairly informed of the grounds on which the appeal is based. You may also be required to furnish further particulars or produce documents for the inspection of the Director. 4. You are advised to read the Residential Care Homes (Elderly Persons) Ordinance and the Residential Care Homes (Elderly Persons) (Appeal Board) Regulation before lodging this notice of appeal. (L.N. 198 of 1996; L.N. 106 of 2002) FORM 2 [sections 7 & 12] RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE (Cap 459) NOTICE OF DATE, TIME AND PLACE FIXED FOR HEARING OF AN APPEAL Appeal No.: ........................... of 19 ..... In the matter of the Appeal lodged by ....................................................................... ........................................................................................................... (Appellant) against ........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ To: ................................................................................................................. (Appellant) And to the Director of Social Welfare: TAKE NOTICE that the above appeal will be heard at .............................................. ........................................................................................ on the ............ day of .............. 19 ..... at .......................... To the Appellant: TAKE NOTICE that if you do not attend at the place and time mentioned, either in person or by a barrister or solicitor duly authorized to appear on your behalf, the appeal may be postponed or adjourned for reasonable cause or be dismissed or be heard in your absence. Dated this ............. day of ............... 19 ..... ........................................................ Chairman of the Appeal Board. This notice was served by me on .............................................................................. at .................................................................................................................................... on the ...........day of ............................. 19 ..... ................................................... Recipient of notice. ............................................. Process server. FORM 3 [section 8] RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE (Cap 459) APPLICATION FOR SUMMONS TO A WITNESS Appeal No.: ...................... of 19 ..... To: Chairman of the Appeal Board Whereas .................................. of .......................................................................... ........................................................................................................................................ is likely to give material evidence in respect of the above appeal, I ....................................... ............................................................................................................................. hereby apply for a summons to be issued to the said ...................................................................... requiring him to attend the hearing of the appeal for that purpose. / *and to bring with him and produce the several documents hereunder specified: Documents required to be produced ........................................................................................................................................ ........................................................................................................................................ Dated this ...... day of ................ 19 ..... .............................................. *Appellant / Director. *Delete as necessary. FORM 4 [section 8] RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE (Cap 459) SUMMONS TO A WITNESS Appeal No.: ....................... of 19 ..... In the matter of the Appeal lodged by ........................................................................ ........................................................................................................... (Appellant) against ........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ To: .................................................................................................................................. YOU ARE HEREBY SUMMONED to attend at ......................... on the .......... day of ............... 19 ....... at .................... and so from day to day, until the proceedings are heard, to give evidence in the above appeal and also to bring with you and produce the several documents hereunder specified: Documents required to be produced ........................................................................................................................................ ........................................................................................................................................ This summons was issued on behalf of ...................................................................... ........................................................................................................................................ Dated this ....... day of ............... 19 ..... .................................................... Chairman of the Appeal Board. This notice was served by me on .............................................................................. at .................................................................................................................................... on the ....... day of ............... 19 ..... ................................................... Recipient of notice. ............................................. Process server. (Enacted 1995)
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