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Appeal Board

Pursuant to section 33 of the Buildings Energy Efficiency Ordinance (Cap 610), an appellant, who is aggrieved by a decision or direction of the Director under any of the situations listed in section 32(1) of the Ordinance, may lodge an appeal by issuing a notice of appeal (please use the specified form EE6 [PDF format (452KB)]) to the Director. Within 21 days after receiving a notice of appeal delivered under section 33, the Secretary must appoint from among the members of the Appeal Board Panel (the Appeal Panel) a Buildings Energy Efficiency Appeal Board (the Appeal Board) to hear the appeal.

Pursuant to section 34 of the Ordinance, the Secretary has appointed fourteen(14) members of the Panel for a period of three years with effect from 19 August 2023.

Details relating to the Appeal Panel and the Appeal Board can be found in sections 32 to 39 under Part 8 of the Buildings Energy Efficiency Ordinance (Cap 610). Sections 34, 35 and 39 of the Ordinance are reproduced hereunder for quick reference.

34. Appeal board panel

  1. The Secretary is to appoint the members of a Buildings Energy Efficiency Appeal Board Panel which is to consist of-
    1. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the electrical discipline;
    2. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the mechanical discipline;
    3. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the building services discipline;
    4. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the environmental discipline; and
    5. not more than 10 members who are members of the Engineers Registration Board established under the Engineers Registration Ordinance (Cap 409).

  2. A person who is in 2 or more of the 5 disciplines mentioned in paragraphs (a), (b), (c), (d) and (e) of subsection (1) is, for the purpose of subsections (1) and (7)(d), regarded as being in only one of those disciplines designated by the Secretary at the time of the person's appointment.

  3. A person is not eligible for appointment under subsection (1) if the person-

    1. is a public officer; or
    2. has not practised in the engineering profession in Hong Kong for at least 10 years.

  4. A member of the appeal board panel is to be appointed for a term of 3 years and may be reappointed on the expiry of a term.

  5. The Secretary must give notice in the Gazette of any appointment or reappointment under this section.

  6. A member of the appeal board panel may, at any time, resign by issuing a notice in writing to the Secretary.

  7. The Secretary may terminate the office of a member of the appeal board panel if the Secretary is satisfied that the member-

    1. has become a public officer;
    2. has become bankrupt or has entered into a voluntary arrangement within the meaning of section 2 of the Bankruptcy Ordinance (Cap 6) with his or her creditors;
    3. is incapacitated by physical or mental illness;
    4. has ceased to be of the capacity by virtue of which he or she was appointed; or
    5. is otherwise unable or unfit to perform the functions of a member.

  8. The Secretary must give notice in the Gazette of any termination of office under this section.

35. Appeal board

  1. Within 21 days after receiving a notice of appeal delivered under section 33, the Secretary must appoint from among the members of the appeal board panel a Buildings Energy Efficiency Appeal Board to hear the appeal.
  2. An appeal board is to consist of 5 members appointed from all 5 categories of members specified in section 34(1).
  3. Subject to section 36(5), if a vacancy occurs in an appeal board, the Secretary must, as soon as reasonably practicable, make an appointment from among the members of the appeal board panel to fill the vacancy.

  4. The members of an appeal board must elect a Chairperson from among themselves to preside at the hearing of the appeal.

  5. The members of an appeal board may be paid out of the general revenue any remuneration that the Financial Secretary determines.

39. Determination of appeal

  1. An appeal board may-
    1. confirm, vary or revoke the decision or direction appealed against; or
    2. substitute its own decision or direction for the decision or direction appealed against.

  2. An appeal board may make any order that it thinks fit with regard to the payment of-

    1. costs or expenses of the appeal proceedings; or
    2. costs or expenses of the Director or any other person in the proceedings.

  3. The costs and expenses ordered to be paid under subsection (2) are recoverable as a civil debt.
  4. An appeal board must issue to the appellant and the Director a notice of its determination and the reasons for it.

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