Cap. 358 sub. leg. C

Water Pollution Control (Appeal Board) Regulations(Cap. 358, section 46) [1 April 1987](Format changes—E.R. 3 of 2024) 1. Citation (E.R. 3 of 2024)These regulations may be cited as the Water Pollution Control (Appeal Board) Regulations (words omitted as spent—E.R. 3 of 2024).(L.N. 283 of 1986) 2. Interpretation In these regulations, unless the context otherwise requires—appellant (上訴人) means a person aggrieved by any requirement or decision of the Authority or of the Secretary imposed or made under any of the provisions listed in section 29(1) of the Ordinance and who has sent a notice of appeal to the Chairman under regulation 3(1);Board (委員會) means an Appeal Board constituted under Part VI of the Ordinance;Chairman (主席) means the Chairman of Appeal Boards appointed under section 30 of the Ordinance;respondent (答辯人) means the Authority when the requirement or decision appealed against is that of the Authority and the Secretary when the requirement or decision appealed against is that of the Secretary. 3. Notice of appeal (1) Notice of appeal under section 29(1) of the Ordinance shall be given to the Chairman substantially in accordance with Form 1 in the Schedule and shall set out the grounds of the appeal.(2) At the same time as sending the notice under paragraph (1) the appellant shall send a copy of such notice to the respondent. 4. Date, time and place of hearing (1) The Chairman shall fix the date, time and place of the hearing of an appeal and shall, not less than 14 days before the date so fixed, send to the appellant and to the respondent a notice substantially in accordance with Form 2 in the Schedule.(2) In exercising his power under paragraph (1) the Chairman shall fix the date for the hearing of an appeal so that it may be heard as soon as reasonably practicable after the notice of appeal has been received. 5. Witness summons Where a Board issues a witness summons under section 31(5) of the Ordinance, such summons shall be substantially in accordance with Form 3 in the Schedule. 6. Proceedings generally in public Proceedings before a Board shall be held in public unless the appellant or a witness requests otherwise in respect of the whole or any part of the proceedings and the Board accedes to the request. 7. Representation The appellant and the respondent may be represented at the hearing of an appeal by a barrister or a solicitor. 8. Grounds of appeal The grounds of appeal shall be limited to those set out in the notice of appeal unless the Board grants leave for the grounds of appeal to be amended. 9. Abandonment of grounds of appeal (1) The appellant may abandon all or any of his grounds of appeal before or during the hearing of his appeal.(2) Where the appellant abandons any ground of appeal under paragraph (1) before the hearing of his appeal he shall give notice of such abandonment in writing and in the manner prescribed in regulation 16 of the Water Pollution Control (General) Regulations (Cap. 358 sub. leg. D) to the Chairman and to the respondent. (L.N. 283 of 1986) 10. Failure of appellant to attend hearing (1) If on the day fixed for the hearing of an appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Board may—(a) if satisfied that the appellant’s failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;(b) proceed to hear the appeal; or(c) dismiss the appeal without a hearing.(2) Where an appeal is dismissed by the Board under paragraph (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing addressed to the Chairman, apply to the Board to review its order and the Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal and set a date for the hearing of the appeal. 11. Record of proceedings The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by an Appeal Board—(a) the nature of the grounds of the appeal;(b) the names of the appellant, the respondent and the respective witnesses on either side;(c) the evidence of the witnesses; and(d) the decision of the Board. Schedule [regs. 3, 4 & 5] Form 1 [reg. 3] NOTICE OF APPEAL Appeal against a requirement or decision of the Authority or Secretary for Environment and Ecology under the Water Pollution Control Ordinance To: The Chairman, Water Pollution Control Appeal Boards 1. Full name of Appellant: . 2. Address of Appellant: .Telephone No. . 3. (Address of Appellant or Representative for service of documents if different from the above address) .. 4. Details of notice appealed against:Notice dated . 19 . Reference No. .(A copy of which is attached) 5. Address of the premises or place to which the notice refers: .. 6. Name and full address of the respondent as shown on the notice appealed against ..Telephone No. . 7. Particulars of the requirement or decision appealed against (set them out from the notice) .. 8. The grounds for this appeal are: (set them out in full)... .Appellant. Dated . 19.(L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)__________ Form 2 [reg. 4] NOTICE OF TIME AND PLACE FIXED FOR HEARING OF AN APPEAL Appeal No.: . of 19. In the matter of the Appeal lodged by ..(Appellant) against the requirement or decision contained in a notice issued under the Water Pollution Control Ordinance (Cap. 358) on the . day of .19 . To . (Appellant). TAKE NOTICE that the above appeal will be heard at .. on the . day of . 19. at . a.m./p.m. AND TAKE NOTICE that if you do not attend at the time and place mentioned, either in person or by a person duly authorized to appear on your behalf, the appeal may be dismissed or be heard in your absence. Dated this . day of . 19 . .Chairman of Appeal Boards. _ This notice was served by me on .at .on the . day of .19 . . . Recipient of notice. Process server. __________ Form 3 [reg. 5] SUMMONS TO WITNESS Appeal No.: . of 19 . In the matter of the Appeal lodged by ..(Appellant) against the requirement or decision contained in a notice issued under the Water Pollution Control Ordinance (Cap. 358) on the . day of .19 . To (a) . YOU ARE HEREBY SUMMONED to attend at ..on the . day of . 19 . at .*a.m./p.m., and so from day to day, until the proceedings are heard, to give evidence in the above appeal *and also to bring with you and produce the several documents hereunder specified: (Here insert list of documents required to be produced) Dated this . day of . 19 . .Chairman of Appeal Boards. * Delete where inappropriate. Note: (a) Insert name of person to be served. _ This notice was served by me on .at .on the . day of .19 . . . Recipient of notice. Process server.