Cap 459A s 10 Appeals to Secretary for Labour and Welfare (RESIDENTIAL CARE HOMES (ELDERLY PERSONS) REGULATION; RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE)

Contents of Section

Chapter:	459A	Title:	RESIDENTIAL CARE HOMES (ELDERLY PERSONS) REGULATION	Gazette Number:	L.N. 130 of 2007
Section:	10	Heading:	Appeals to Secretary for Labour and Welfare	Version Date:	01/07/2007

Remarks:

For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

Appeals to Secretary for Labour and Welfare

(L.N. 130 of 2007)

(1) A person-

(a) whom the Director refuses to register under section 6; or

(b) whose registration is cancelled under section 8,

may, by notice in writing which states the grounds of appeal and is delivered to the Director within 21 days of being notified by him of any such decision, appeal to the Secretary for Labour and Welfare. (L.N. 106 of 2002; L.N. 130 of 2007)
(2) A decision that is appealed against under subsection (1) shall not have effect pending the determination of the appeal by the Secretary for Labour and Welfare. (L.N. 106 of 2002; L.N. 130 of 2007)
(3) The Secretary for Labour and Welfare when considering any appeal against a decision of the Director- (L.N. 106 of 2002; L.N. 130 of 2007)

(a) shall give the person appealing against the decision an opportunity of being heard; and

(b) may confirm or reverse the decision.

(4) On the confirmation or reversal of a decision under subsection (3)(b), the Director shall forthwith serve notice in writing thereof on-

(a) the person who appealed against the decision; and

(b) the operator of the residential care home where that person is employed.

(Enacted 1995)