Gas Safety Ordinance (Chapter 51) Appeal Board Panel

Pursuant to Section 18 of the Gas Safety Ordinance (Chapter 51), the Secretary shall, not later than 30 days after an appeal is made, appoint an appeal board to hear the appeal. The appeal board shall consist of a public officer and one member from each category of the Appeal Board Panel.

Details relating to the Appeal Board Panel and the Appeal Board can be found in Sections 17 to 26 under Part VI of the Gas Safety Ordinance, Cap. 51. Sections 17 to 19 are reproduced hereunder for quick reference.

17. Appeal Board Panel

1. The Secretary may appoint persons to be the members of an appeal board panel in accordance with the following numbers and categories –
   1. not less than 3 persons who represent the interests of consumers of gas;
   2. not less than 3 persons who are corporate members of the Hong Kong Institution of Engineers;
   3. not less than 3 persons from tertiary educational institutions;
   4. not less than 3 persons who represent the interests of persons who as a business import, manufacture or supply town gas or natural gas;
   5. not less than 3 persons who represent the interests of persons who as a business import, manufacture or supply liquefied petroleum gas;
   6. not less than 3 persons who represent the interests of persons who as a business carry out work referred to in section 8 (2)(a)(iii) which relates to the supply of town gas or natural gas; and
   7. not less than 3 persons who represent the interests of persons who as a business carry out work referred to in section 8(2)(iii) which relates to the supply of liquefied petroleum gas.
2. A public officer is not eligible for appointment to the panel.
3. 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.
4. An appointment under subsection (1) shall be notified in the Gazette.

18. Appeal Board

1. The Secretary shall, not later than 30 days after an appeal is made, appoint an appeal board to hear the appeal.
2. The appeal board shall consist of –
   1. a public officer who does not work in the same department of the Government as the Authority; and
   2. one member from each category of the panel.
3. Subject to subsection (4), the members of the appeal board shall elect a chairman from among themselves.
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 19(2).
5. The quorum at any meeting of the appeal board shall be 6 members.

19. Determination of appeal

1. The appeal board shall conduct a hearing into the grounds for the Authority's decision or action 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 of 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 Authority in respect of the decision or action of the Authority against which the appeal is made, and shall determine the appeal by an order in writing –
   1. confirming or disallowing;
   2. varying in such manner as it thinks fit; or
   3. substituting its own decision for,
      such decision or action.
5. The Authority shall do all such things as are necessary to give effect to an order.