This regulation sets out what an appellant and the Drainage Authority must do in a drainage appeal, including what must go into the notice of appeal, when documents must be served, and what record the Board chairman must keep.
Land Drainage (Appeal) Regulation(Cap. 446, section 47)(Enacting provision omitted—E.R. 3 of 2022) [20 June 1995](Format changes—E.R. 3 of 2022) 1. (Omitted as spent—E.R. 3 of 2022) 2. Interpretation In this Regulation, unless the context otherwise requires—appellant (上訴人) means a person who sends a notice of appeal under section 28(1) of the Ordinance to the secretary to the Panel. 3. Contents of notice of appeal (1) A notice of appeal under section 28(1) of the Ordinance shall contain the following information—(a) the full name, address and telephone number of the appellant;(b) the full name, address and telephone number of the appellant’s authorized representative, if any;(c) the address of the appellant and his authorized representative, if any, for the service of documents, if different from that given in paragraph (a) or (b);(d) full details of the decision, requirement or determination appealed against;(e) full details of the grounds of appeal;(f) the full names, addresses and telephone numbers of any proposed witnesses;(g) details of the evidence of any proposed witnesses, and particulars of any documents and other things intended to be produced at the hearing of the appeal, sufficient to ensure that the Board and the Drainage Authority are fully informed of the grounds of appeal.(2) A notice of appeal shall be accompanied by a copy of any notice or notification issued by the Drainage Authority under section 18, 20(1), 21(1), 26 or 27 of the Ordinance, as the case may be. 4. Service on Drainage Authority The appellant shall serve a copy of the notice of appeal and copies of all accompanying documents on the Drainage Authority as soon as practicable after filing them with the secretary to the Panel. 5. Information to be supplied by Drainage Authority The Drainage Authority shall, within 28 days of the receipt by him of a copy of a notice of appeal and accompanying documents, serve on the secretary to the Panel and on the appellant a notice containing the following information—(a) the full name, address and telephone number of the Drainage Authority’s authorized representative;(b) the grounds for opposing the appeal;(c) the full names, addresses and telephone numbers of any proposed witnesses;(d) details of the evidence of any proposed witnesses, and particulars of any documents and other things intended to be produced at the hearing of the appeal, sufficient to ensure that the Board and the appellant are fully informed of the Drainage Authority’s grounds for opposing the appeal. 6. Further information to be supplied Not less than 7 days before the date set for the hearing of the appeal the appellant and the Drainage Authority shall serve on the secretary to the Panel, and on each other—(a) a written statement of the evidence to be given by any proposed witness;(b) a copy of any document to be produced in evidence by any proposed witness;(c) a copy of any other document to be produced in evidence in support of or opposition to the appeal;(d) particulars of any other things to be produced in evidence in support of or opposition to the appeal. 7. Abandonment of appeal (1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the secretary to the Panel.(2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the Drainage Authority. 8. Record of proceedings The chairman of the Board shall take or cause to be taken in writing a full record, so far as circumstances permit, of the following matters in respect of every appeal heard by the Board—(a) the name of the appellant;(b) the grounds of the appeal;(c) the name of any person who appears as a witness for the appellant;(d) the name of any person who appears as a witness for the Drainage Authority;(e) the name of any person who is required by notice under section 32(1)(b) of the Ordinance to appear before the Board;(f) the evidence of any person who gives evidence;(g) the particulars of any other material received and considered by the Board;(h) the decision of the Board.