Appeal Board Panel
Energy Efficiency (Labelling of Products) Ordinance (Chapter 598)

The Panel

Pursuant to Section 35 of the Energy Efficiency (Labelling of Products) Ordinance (Chapter 598), an appeal board panel is established of which the Appeal Board Panel Members are appointed by the Secretary for Environment (the Secretary).

Details relating to the Appeal Board Panel and the Appeal Board can be found in Sections 33 to 41 under Part 5 of the Energy Efficiency (Labelling of Products) Ordinance (Chapter 598). Sections 35, 36 and 39 of the Ordinance are reproduced hereunder for quick reference.

35. Appeal board panel

  1. The Secretary is to appoint an appeal board panel.
  2. The panel appointed under subsection (1) is to consist of the following numbers and categories of persons-
    1. not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers;
    2. not more than 5 persons from tertiary educational institutions;
    3. not more than 5 persons from organizations which, in the opinion of the Secretary, represent the interests of manufacturers, importers or other suppliers of energy-using products; and
    4. not more than 5 persons, each of whom, in the opinion of the Secretary, represents the interests of consumers of energy-using products.
  3. A public officer is not eligible for appointment to the appeal board panel.
  4. The Secretary is to give notice in the Gazette of the appointment of any panel member.
  5. A panel member is to be appointed for a term of 3 years and may be reappointed at the end of a term.
  6. A panel member may resign by notice in writing to the Secretary.
  7. The Secretary may terminate the appointment of a panel member 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 creditors;
    3. is incapacitated by physical or mental illness;
    4. has ceased to be of the capacity by virtue of which he was appointed; or
    5. is otherwise unable or unfit to perform the functions of a member.
  8. The Secretary is to give notice in the Gazette of the termination of an appointment of a panel member, and upon such notification the office is to become vacant.

36. Appeal board

  1. Within 21 days after receiving a notice of appeal delivered by the Director under section 34, the Secretary shall appoint from among the panel members an appeal board to hear the appeal.
  2. The appeal board is to consist of 5 members, at least one from each category of panel member.
  3. The members of the appeal board are to elect a chairman from among themselves to preside at the hearing of the appeal.
  4. The quorum for a meeting of an appeal board is 4 members.

39. Determination of appeal

  1. The appeal board may, by a notice signed by the chairman-
    1. order a person to attend before the board and give evidence; or
    2. order a person to produce documents.
  2. If the appeal board reasonably believes that a prescribed product is relevant for the purpose of the appeal, the appeal board may, by a notice signed by the chairman, authorize a person to inspect the prescribed product and for that purpose authorize the person to enter-
    1. subject to paragraph (b), any premises except domestic premises; or
    2. any specified premises, whether or not domestic premises, where the prescribed product is supplied.
  3. The appeal board may-
    1. confirm, vary or revoke the Director's decision or direction; or
    2. substitute its own decision or direction for the Director's decision or direction.
  4. The appeal board may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of any person by whom the proceedings are brought.
  5. The appeal board shall notify the appellant and the Director of its decision and the reasons for it.
  6. The costs awarded or imposed under this section are recoverable as a civil debt.
  7. A person who, without reasonable excuse, fails to comply with an order under subsection (1)(a) or (b) commits an offence and is liable on conviction to a fine at level 5.
  8. Subject to this Ordinance, an appeal board may determine its own procedure.