||Title:||HOUSING ORDINANCE||Gazette Number:|
|Section:||20||Heading:||Appeal against termination||Version Date:||30/06/1997|
(1) Where a lease has been terminated under section 19(1)(a) or (aa), or where a notice to quit has been given under section 19(1)(b), the tenant may appeal to the panel, appointed under section 7A(1)*, not later than 15 days after the date on which- (Amended 24 of 1995 s. 7)
as the case may be:
(a) service of the notice of termination has been effected under section 19A(2); or
(b) notice to quit has been given under section 19(1)(b),
Provided that where the chairman of the panel is satisfied that the tenant is unable to appeal by reason of ill-health, absence or other cause thought sufficient by the chairman, he may permit an appeal to be made on behalf of the tenant by a person authorized under the lease to occupy the land or part of it. (Replaced 42 of 1976 s. 5. Amended 15 of 1982 s. 8; 16 of 1993 s. 8)
(2) An appeal under subsection (1) shall be in writing and shall state the grounds of the appeal.
(2A) (a) Paragraph (b) shall apply in relation to any policy of the Authority which is stated and specified as being such in a certificate in writing issued for the purposes of this subsection by the Authority's secretary and as regards which the certificate also certifies that the policy was both considered and applied by the Authority when deciding to terminate the lease or, where appropriate, to issue the notice to quit to which the appeal relates.
(3) A tribunal of the panel appointed under section 7A(6), in determining an appeal against a termination- (Amended 16 of 1993 s. 8; 24 of 1995 s. 7)
(b) In considering an appeal under subsection (1)-
(i) if the tribunal concerned is satisfied that at the time of making the decision to which a certificate mentioned in paragraph (a) relates, the appellant was aware of the policy or could reasonably be expected to have been so aware, the tribunal shall have regard to such policy; and
(ii) if such tribunal is not so satisfied, it may, where it considers it appropriate so to do, have regard to such policy. (Added 24 of 1995 s. 7)
(4) The decision of the tribunal shall be final. (Amended 16 of 1993 s. 8)
(a) under section 19(1)(a) or (aa), may confirm, suspend or cancel the termination; (Amended 42 of 1976 s. 5)
(b) under section 19(1)(b), may confirm, amend, suspend or cancel the notice to quit.
* Section 7A was amended by the Housing (Amendment) Ordinance 2003 (8 of 2003). For the transitional provision relating to the amendments, see section 4 of that Ordinance.