Introduction |
This paper sets out the Administration's
response to the questions raised at the meeting
of the Bills Committee on 24 May 2003, on
whether there were precedents for executive
authorities to make rules to provide for
court procedure.
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Appeals Against Administrative Decisions |
| 2. |
Appeals in relation to administrative
decisions are dealt with by a variety of
tribunals with a broad spectrum of formality.
This can range from a very informal committee
procedure to a court setting. Even at the
formal end of the spectrum it is not unusual
for the power to make rules to be vested
in the executive.
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3.
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Under the Amusement Games Centre Ordinance
(Cap 435) an appeal board is constituted
under section 12. The Chairman of this
tribunal must be a "person qualified
for appointment as a District Court judge" under
section 5 of the District Court Ordinance
(Cap 336). The CE-in-Council is given power
to make regulations for lodging of appeals
and the practice and procedure of the Appeal
Board (s18(1)(b)).
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| 4. |
Another example is the Appeal Board constituted
under section 27 of the Bedspace Apartment
Ordinance (Cap 447) which also requires the
Chairman to be qualified for appointment
as a District Court judge. In exercising
its powers in relation to the hearing of
appeals the tribunal is given the powers
vested in the Court of First Instance (s28(5)).
The ordinance also provides for a further
appeal on points of law from the Appeal Board
direct to the Court of Appeal. In this case
the SHA is empowered to make regulations
providing for the lodging of appeals and
the practice and procedure of the Appeal
Board. |
| 5. |
A good example of a judicial procedure
being subject to regulation by the executive
is found in section 82(2)(d) of the Legislative
Council Ordinance (Cap 542) whereby the CE-in-Council
is given power to regulate the powers and
duties of the revising officer and appeals
to the revising officer. The revising officer
is a magistrate (or legal officer) appointed
by the Chief Justice under section 77 of
the ordinance and is vested with the various
functions and duties, powers and immunities
of a magistrate. |
