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Chapter: | 426
![]() | Title: | OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE | Gazette Number: | L.N. 296 of 1999 |
| Section: | 64 | Heading: | Supplementary provisions relating to appeals | Version Date: | 10/01/2000 |
Adaptation amendments retroactively made - see 31 of 1999 s. 3
(1) The procedure and practice of the Appeal Board shall, subject to this Ordinance, be determined by the Chairman.
(2) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint a Deputy Chairman to act as Chairman and as such to exercise all the functions of the Chairman during the period of his appointment. (Amended 31 of 1999 s. 3)
(3) If a person appointed by the Chairman under section 62(1) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 61(5) to act in his place.
(4) In the hearing of an appeal, the appellant and the Registrar shall be entitled to be heard either in person or through a solicitor or barrister and if the appellant is a body corporate, through any of its directors or employees or if a partnership, through any of the partners or, with the leave of the Appeal Board, through any other person.
(5) In relation to any appeal to the Appeal Board, the members of the Appeal Board, the appellant, and any witness, representative or other person appearing before the Appeal Board shall have the same privileges and immunities as they would have if the proceedings were civil proceedings before a court.
(6) Any sum awarded to the Registrar under section 62(3)(e) shall be a debt due to the Registrar and recoverable in the District Court and any sum payable by the Registrar under such an award shall be charged on the MPFA Administration Account established and maintained under section 6M of the Mandatory Provident Fund Schemes Ordinance (Cap 485). (Amended 4 of 1998 s. 4)