Municipal Services Appeals Board Ordinance


Published: 2000-01-01

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Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 1

Chapter: 220 MUNICIPAL SERVICES APPEALS BOARD
ORDINANCE

Gazette Number Version Date


Long title L.N. 320 of 1999 01/01/2000


An Ordinance to establish the Municipal Services Appeals Board, to provide for the powers and procedure of that
Board in respect of appeals made to that Board and for related matters.

(Replaced 78 of 1999 s. 7)


[27 July 1990]

(Originally 58 of 1990)

(Enacted 1990)

Part: I PRELIMINARY 30/06/1997


(Enacted 1990)

Section: 1 Short title L.N. 320 of 1999 01/01/2000


This Ordinance may be cited as the Municipal Services Appeals Board Ordinance.
(Amended 78 of 1999 s. 7)

(Enacted 1990)

Section: 2 Interpretation L.N. 87 of 2003 28/03/2003


(1) In this Ordinance, unless the context otherwise requires- (Amended 78 of 1999 s. 7)
"administrative decision" (行政決定) means a decision from which an appeal lies to the Board, but does not include

an appeal board decision; (Added 78 of 1999 s. 7)
"appeal board decision" (上訴委員會決定) means a decision of the Licensing Appeals Board; (Added 78 of 1999 s.

7)
"appellant" (上訴人) means a person who initiates an appeal;
"Board" (委員會) means the board established under section 3; (Replaced 78 of 1999 s. 7)
"Chairman" (主席) means the Chairman of the Board appointed under section 6(1)(a); (Amended 78 of 1999 s. 7)
"first decision" (原來決定) means a decision which was the subject matter of an appeal to the Licensing Appeals

Board; (Added 78 of 1999 s. 7)
"legal officer" (律政人員) means an officer lawfully performing the functions of any of the officers designated in

Schedule 1 to the Legal Officers Ordinance (Cap 87); (Amended 42 of 2000 s. 29)
"Licensing Appeals Board" (牌照上訴委員會) means the board by that name established by section 125A of the

Public Health and Municipal Services Ordinance (Cap 132); (Added 78 of 1999 s. 7)
"parties to the appeal" (上訴當事人) means the appellant, the respondent and any other person who is bound by the

decision appealed against;
"respondent" (答辯人) means, in relation to an appeal against-

(a) an administrative decision, the person whose decision is being appealed against; and
(b) an appeal board decision, the person who made the first decision; (Replaced 78 of 1999 s. 7)

"Secretary" (秘書) means the Secretary to the Board, appointed under section 6(1)(b); (Amended 78 of 1999 s. 7)
"Vice-chairman" (副主席) means a Vice-chairman of the Board, appointed under section 6(2). (Amended 78 of 1999

s. 7)
(Amended 78 of 1999 s. 7)

(2) For the purposes of this Ordinance an administrative decision includes any act or omission. (Added 78 of
1999 s. 7)



Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 2

(Enacted 1990)

Part: II MUNICIPAL SERVICES APPEALS BOARD* L.N. 320 of 1999 01/01/2000


(Enacted 1990)

___________________________________________________________________
Note:
* (Amended 78 of 1999 s. 7)

Section: 3 Establishment, functions and constitution of Municipal

Services Appeals Board
L.N. 320 of 1999 01/01/2000



(1) There is established a board to be known as the Municipal Services Appeals Board.
(2) The function of the Board is to hear and determine any appeal to the Board from an appeal board decision

or an administrative decision from which an appeal lies to the Board under any Ordinance.
(3) For the purposes of any appeal made to it, the Board is to be constituted as follows-

(a) the Chairman or a Vice-chairman; and
(b) 2 members of the panel appointed under section 6(1)(c), nominated by the Secretary under subsection

(4).
(4) Subject to any regulations made under section 20 and to any directions given by the Chairman, the

Secretary must nominate 2 members for the purposes of subsection (3)(b).
(5) The Chairman or Vice-chairman, as the case may be, is to preside at the hearings before the Board.

(Replaced 78 of 1999 s. 7)
(Enacted 1990)


Section: 4 (Repealed 78 of 1999 s. 7) L.N. 320 of 1999 01/01/2000




Section: 5 Persons excluded from membership L.N. 320 of 1999 01/01/2000


(1) For the purposes of an appeal, the Board shall not include a person who, or a member of a body which, was
involved in making the relevant administrative decision or the appeal board decision or a decision confirmed, varied,
suspended or cancelled by the appeal board decision.

(2) Subsection (1) does not apply if the person or other body was involved in making the administrative
decision, the appeal board decision or other decision only to the extent of delegating the power to make the
administrative decision, the appeal board decision or other decision.

(Replaced 78 of 1999 s. 7)
(Enacted 1990)


Section: 6 Chairman, Vice-chairman, Secretary and panel members L.N. 320 of 1999 01/01/2000


(1) The Chief Executive shall appoint-
(a) a legally qualified person to be the Chairman of the Board;
(b) a Secretary to the Board;
(c) a panel of persons who are not public officers and whom he considers suitable for nomination as

members of the Board under section 3(3)(b). (Replaced 78 of 1999 s. 7)
(2) The Chief Executive may appoint one or more persons who are legally qualified as Vice-chairmen of the

Board. (Replaced 78 of 1999 s. 7)
(3) All appointments under this section shall be notified in the Gazette and, except in the case of the Secretary,

shall be for a term of 3 years.
(4) Any person appointed under this section may be re-appointed, and may resign by notice in writing to the

Chief Executive.
(5) Where a person ceases to be Chairman, Vice-chairman or a member of a panel appointed under subsection

(1)(c), and at the time of that event the person is involved in the hearing of an appeal to the Board, that person may



Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 3

continue to hear and determine that appeal. (Amended 78 of 1999 s. 7)
(6) In this section, "legally qualified" (具有法律專業資格) means qualified for appointment as a District

Judge under section 5 of the District Court Ordinance (Cap 336).
(Amended 59 of 1999 s. 3)

(Enacted 1990)

Section: 7 Powers of Board in respect of appeal L.N. 320 of 1999 01/01/2000


(1) In determining an appeal against an administrative decision or an appeal board decision, the Board-
(a) may exercise all the powers and discretions that are conferred on the person who made the

administrative decision or the first decision, as the case may require;
(b) shall affirm, vary or set aside the administrative decision or the appeal board decision and, where it

sets aside the administrative decision or the appeal board decision, it shall substitute its own decision.
(2) Subsection (3) applies where the Board is determining-

(a) an appeal against an administrative decision; or
(b) an appeal against an appeal board decision.

(3) If the respondent to an appeal referred to in subsection (2) has lodged a statement of policy referred to in
section 9(1)(a)(iia), and the Board-

(a) is satisfied that at the time the respondent made the relevant decision-
(i) the appellant was aware of the statement of policy; or
(ii) any person having a right of appeal against a decision of that kind could reasonably have been

expected to be aware of the statement of policy,
the Board shall, to the extent that the statement is within the power of the respondent, have regard to
that statement;

(b) is not so satisfied, the Board may, to the extent that the statement is within the power of the
respondent, have regard to that statement.

(Replaced 78 of 1999 s. 7)
(Enacted 1990)


Part: III APPEALS TO THE BOARD* L.N. 320 of 1999 01/01/2000


(Enacted 1990)


___________________________________________________________________
Note:
* (Amended 78 of 1999 s. 7)

Section: 8 Manner in which appeal commenced L.N. 320 of 1999 01/01/2000


(1) An appeal to the Board shall be in writing and in a form approved by the Chairman. (Amended 78 of 1999
s. 7)

(2) The Secretary shall give written notice of the appeal, in a form approved by the Chairman to-
(a) the respondent;
(aa) in the case of an appeal against an appeal board decision, the secretary to the Licensing Appeals

Board; and (Added 78 of 1999 s. 7)
(b) any person (other than the appellant) who is bound by the decision appealed against. (Amended 78 of

1999 s. 7)
(c) (Repealed 78 of 1999 s. 7)

(3) If the Chairman so directs, the Secretary shall also give notice to any person (other than the appellant) who
has made representations-

(a) to the respondent, on the subject matter of the administrative decision or the first decision, before the
relevant decision was made; or

(b) to the Licensing Appeals Board, on the subject matter of the appeal board decision, before that
decision was made. (Added 78 of 1999 s. 7)

(Enacted 1990)



Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 4


Section: 9 Respondent and Licensing Appeals Board to lodge

statement and relevant documents
L.N. 320 of 1999 01/01/2000



(1) The respondent shall, within 28 days after receiving notice of an appeal to the Board-
(a) serve on the appellant and any other person who is bound by the administrative decision or appeal

board decision appealed against, and lodge with the Board, a statement relating to the administrative
decision or first decision that-
(i) sets out the findings on material questions of fact;
(ii) refers to the evidence or other material on which those findings were based;
(iia) sets out the policy, if any, relied upon by the respondent when the administrative decision or first

decision was made; (Added 78 of 1999 s. 7)
(iii) identifies all persons who had made representations to the respondent in relation to the subject

matter of the administrative decision or first decision; and
(iv) gives the reasons for the administrative decision or first decision; and

(b) lodge with the Board a copy of every other document or part of a document that is in the possession or
under the control of the respondent and is considered by him to be relevant to the appeal.

(1A) If the appeal to the Board is against an appeal board decision, the secretary to the Licensing Appeals Board
shall, within 28 days after receiving notice of an appeal under section 8(2), serve on the Secretary, the appellant and
any other person bound by the appeal board decision, a copy of the appeal board decision, the reasons for that
decision, the minutes of proceedings and private deliberations relating to that decision, the names of persons who has
made representations to the Licensing Appeals Board on the subject matter of that decision and any other document
which is in the possession of the Licensing Appeals Board and considered by the Licensing Appeals Board to be
relevant to the appeal. (Added 78 of 1999 s. 7)

(2) Where a statement is lodged under subsection (1)(a) and-
(a) before the Board starts to hear the appeal, the Chairman; or
(b) after the Board starts to hear the appeal, the Board,

considers that the statement does not contain adequate information, the Chairman or the Board (as the case may be)
may order the respondent to serve on the appellant and any other person who is bound by the administrative decision
or appeal board decision appealed against, and lodge with the Board, within the time specified in the order, such other
information as it may specify.

(3) Where, after the end of the period of 28 days specified in subsection (1) and-
(a) before the Board starts to hear the appeal, the Chairman; or
(b) after the Board starts to hear the appeal, the Board,

is of the opinion that a particular document or a document included in a particular class of documents may be relevant
to the appeal and a copy of that document has not been lodged with the Board by the respondent, the Chairman or the
Board (as the case may be) may serve on the respondent a notice in writing stating that he or it is of that opinion and
requiring the respondent to lodge with the Board, within the time specified in the notice, a copy of that document if it
is in the possession or under the control of the respondent.

(Amended 78 of 1999 s. 7)
(Enacted 1990)


Section: 10 Hearings to be in public except in special circumstances L.N. 320 of 1999 01/01/2000


(1) Subject to subsection (2), the hearing of an appeal to the Board shall be in public. (Amended 78 of 1999 s.
7)

(2) Where the Board hearing an appeal, after consulting the parties to the appeal, is satisfied that it is desirable
to do so, it may by order-

(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons
who may be present; and

(b) give directions prohibiting or restricting the publication or disclosure to some or all of the parties to the
appeal of evidence given before the Board or of matters contained in documents lodged with the Board
or received in evidence by the Board.

(Enacted 1990)




Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 5

Section: 11 Appearance before Board L.N. 320 of 1999 01/01/2000


The parties to an appeal may be present at the hearing of the appeal and make representations either in person or
by counsel or solicitor or, with the consent of the Board hearing the appeal, by some other person.

(Enacted 1990)

Section: 11A Languages L.N. 320 of 1999 01/01/2000


(1) The hearing of an appeal to the Board may be conducted in the English or Chinese language or both as the
Board thinks fit.

(2) Notwithstanding subsection (1)-
(a) any party to an appeal or any person making representations under section 11 (other than a counsel or

solicitor) may address the Board in any language;
(b) any witness testifying before the Board may testify in any language.

(Added 51 of 1995 s. 12)

Section: 12 Conduct of proceedings, evidence etc. L.N. 320 of 1999 01/01/2000


(1) For the purposes of an appeal, the Board hearing the appeal may-
(a) subject to this Ordinance, determine its own procedure;
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or

otherwise, even though such material would not be admissible in evidence in civil or criminal
proceedings;

(c) by notice in writing signed by the Chairman or Vice-chairman, require any person to attend before it at
any hearing and to give evidence and produce documents;

(d) administer oaths and affirmations;
(e) examine on oath, affirmation or otherwise any person attending before it and require such person to

answer all questions put by or with the consent of the Board;
(f) determine the manner in which the material referred to in paragraph (b) shall be received;
(g) adjourn any hearing as it may deem fit,

and may do all things-
(i) ancillary to the powers conferred by this section; or
(ii) reasonably necessary for the discharge of its functions under this Ordinance.

(2) For the purposes of an appeal, the Chairman may, before the Board starts to hear the appeal, by notice in
writing signed by him require any person to attend before the Board at any hearing and to give evidence and produce
documents.

(3) A legal officer may advise the Board on any matter and may be present at any proceeding before the Board.
(Amended 78 of 1999 s. 7)

(Enacted 1990)

Section: 13 Questions of law L.N. 320 of 1999 01/01/2000


(1) The Board may, for the purposes of any appeal, refer any question of law arising in that appeal to the Court
of Appeal for determination by way of case stated. (Amended 78 of 1999 s. 7)

(2) On the hearing of the case the Court of Appeal may amend the statement of the case or order it to be sent
back to the Board for amendment.

(Enacted 1990)

Section: 14 Questions to be decided by majority L.N. 320 of 1999 01/01/2000


Every question before the Board shall be determined by the opinions of the majority of the persons constituting
the Board.

(Amended 78 of 1999 s. 7)
(Enacted 1990)



Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 6


Section: 15 Decision of the Board L.N. 320 of 1999 01/01/2000


(1) The Board shall give reasons in writing for its decisions, and those reasons shall include its findings on
material questions of fact and a reference to the evidence or other material on which those findings were based.

(2) The Secretary shall serve a copy of the Board's decision and of the reasons for the decision on the parties to
the appeal.

(3) Where the Board orders that its decision is not to come into operation until a specified date, the decision
comes into operation on that date; in other cases the decision of the Board comes into operation immediately the
decision is given.

(4) A document purporting to be a copy of a decision or order of the Board and to be certified by the Secretary
to be a true copy of the decision or order is admissible in any proceedings as evidence of the decision or order.

(Amended 78 of 1999 s. 7)
(Enacted 1990)


Part: IV MISCELLANEOUS 30/06/1997


(Enacted 1990)

Section: 16 Immunity L.N. 320 of 1999 01/01/2000


(1) The Chairman and Vice-chairman and members of the Board have, in the performance of their duties under
this Ordinance, the same privileges and immunities as a judge of the Court of First Instance. (Amended 25 of 1998 s.
2)

(2) A witness, party to any appeal, representative or other person appearing before the Board has the same
privileges and immunities as he would have before a court in civil proceedings.

(Amended 78 of 1999 s. 7)
(Enacted 1990)


Section: 17 Extension of time limits L.N. 320 of 1999 01/01/2000


(1) The Chairman may, upon application in writing by a person and if satisfied that there is good cause for
doing so, extend the time within which that person may appeal to the Board under any Ordinance.

(2) Upon application in writing by a party to an appeal to the Board and if satisfied that there is good cause for
doing so-

(a) the Chairman may, before the Board starts to hear the appeal; and
(b) the Board may, after the Board starts to hear the appeal,

extend the time within which that party is required or permitted to do any act under this Ordinance.
(Enacted 1990)


Section: 18 Offences relating to Board L.N. 320 of 1999 01/01/2000


Any person who-
(a) refuses or fails to comply with any lawful order, requirement or direction of the Board or the

Chairman; or
(b) disturbs or otherwise interferes with the proceeding of the Board,

commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months.
(Amended 78 of 1999 s. 7)

(Enacted 1990)

Section: 19 Giving of notices L.N. 320 of 1999 01/01/2000


Where this Ordinance authorizes or requires any document to be served or any notice to be given, the document
may be served or the notice may be given by post.



Cap 220 - MUNICIPAL SERVICES APPEALS BOARD ORDINANCE 7

(Enacted 1990)

Section: 20 Regulations L.N. 320 of 1999 01/01/2000


The Chief Executive in Council may make regulations-
(a) prescribing anything required or permitted by this Ordinance to be prescribed by regulations;
(b) providing for the practice and procedure applying to proceedings before the Board; (Amended 78 of

1999 s. 7)
(c) providing for the payment of allowances for expenses to witnesses summoned under this Ordinance;
(d) generally for the better carrying out of this Ordinance.

(Amended 59 of 1999 s. 3)
(Enacted 1990)


Section: 21 Transitional L.N. 320 of 1999 01/01/2000


(1) Any right of appeal subsisting immediately before the commencement of this Ordinance under a provision
in an Ordinance amended by this Ordinance shall be treated as being a right of appeal to the body to which there is a
right of appeal under that provision as so amended.

(2) Any appeal pending immediately before the commencement of this Ordinance under a provision in an
Ordinance amended by this Ordinance shall be treated and disposed of as if it were an appeal pending to the body to
which there is a right of appeal under that provision as so amended.

(Enacted 1990)

Section: 21A Current terms of office to cease on commencement of

amendments in Provision of Municipal Services
(Reorganization) Ordinance

L.N. 320 of 1999 01/01/2000



Notwithstanding anything in this Ordinance, the term of office of a person appointed as Chairman, Vice-
Chairman, other member or Secretary to a board which existed under this Ordinance immediately before the
commencement of the amendments to this Ordinance made by the Provision of Municipal Services (Reorganization)
Ordinance (Cap 552) which is current immediately before such commencement, is to expire on such commencement.

(Added 78 of 1999 s. 7)

Part: V (Omitted) 30/06/1997




Section: 22 (Omitted) L.N. 320 of 1999 01/01/2000


(Omitted)
(Enacted 1990)


Schedule: SCHEDULE (Omitted) L.N. 320 of 1999 01/01/2000


(Omitted)
(Enacted 1990)

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