Statutory / Advisory Bodies

Appeal Board Panel

Amusement Rides (Safety) Ordinance (Chapter 449)

Pursuant to Section 24 of the Amusement Rides (Safety) Ordinance (Chapter 449), an appeal board panel is established of which the appeal board panel members are appointed by the Secretary for Home and Youth Affairs (Secretary).

Details relating to the Appeal Board Panel and the Appeal Board can be found in Sections 23 to 33 under Part V of the Amusement Rides (Safety) Ordinance, Cap. 449. Sections 24 to 26 are reproduced hereunder for quick reference.

Section 24. Appeal board panel
  1. The Secretary shall appoint, to be members of an appeal board panel—
    1. not more than 20 persons nominated by the Hong Kong Institution of Engineers, of whom—
      1. not more than 5 shall be qualified as mechanical engineers;
      2. not more than 5 shall be qualified as electrical or electronic engineers;
      3. not more than 5 shall be qualified as structural engineers; and
      4. not more than 5 shall be qualified as engineers of other disciplines; and
    2. not more than 5 persons representing owners of amusement rides.
  2. A public officer is not eligible for appointment to the panel.
  3. Subject to subsection (4), a member of the panel shall hold office for 3 years but shall be eligible for reappointment.
  4. A member of the panel may resign at any time by notice in writing delivered to the Secretary and the Secretary may at any time and for any reason revoke the appointment of any person as a member of the panel.
  5. An appointment under subsection (1) shall be notified in the Gazette.
Section 25. Appeal board
  1. Within 21 days after receipt of a notice of appeal, the Secretary shall appoint an appeal board to hear the appeal to which the notice relates.
  2. The appeal board shall consist of—
    1. 4 persons who are members of the panel, of whom—
      1. one shall be qualified as a mechanical engineer;
      2. one shall be qualified as an electrical or electronic engineer; and
      3. one shall represent owners of amusement rides; and
    2. a public officer who does not work in the same department of the Government as the Director.
  3. Subject to subsection (4), the members referred to in subsection (2)(a) shall choose one of their number to be the chairman of the appeal board.
  4. No member of the appeal board shall be the chairman of the appeal board at any hearing of an appeal in respect of which such member has made a disclosure under section 26(2).
  5. The members of the appeal board, other than the member who is a public officer, shall be remunerated out of money provide by the Legislative Council for the purpose at such rate as the Secretary for Financial Services and the Treasury may determine from time to time or in any particular case.
  6. The quorum at any meeting of the appeal board shall be 4 members.
Section 26. Determination of appeal
  1. The appeal board shall conduct a hearing into the grounds for the Director's decision to which the appeal before it relates.
  2. Where a member of the appeal board is in any way directly or indirectly interested in any appeal—
    1. he shall disclose the nature of his interest at a meeting of the appeal board;
    2. the disclosure shall be recorded in the minutes of the appeal board; and
    3. he shall not, without the permission of the chairman of the appeal board, take any part in any deliberation or determination of the appeal board in respect of that appeal.
  3. Where the chairman of an appeal board does not permit a member of the appeal board who has made a disclosure under subsection (2) to take any part in any deliberation or determination of the appeal board in respect of the appeal to which that disclosure relates, the member shall not be counted for the purpose of forming a quorum of the appeal board at any hearing of that appeal.
  4. For the purposes of subsection (1), the appeal board hearing an appeal shall have all the powers of the Director in respect of the decision of the Director against which the appeal is made, and shall determine the appeal by an order in writing—
    1. confirming or revoking;
    2. varying in such manner as it thinks fit; or
    3. substituting its own decision for,
    such decision.
  5. The Director shall do all such things as are necessary to give effect to an order under subsection (4).
  6. The appeal board may in an order under subsection (4) give such directions as it thinks fit with respect to the costs of the hearing of the appeal to which the order relates and the costs of the Director or of the appellant.
  7. Any costs awarded or imposed by virtue of any directions referred to in subsection (6) are recoverable as a civil debt.