the board must be dissolved and the Secretary is deemed to have received a notice of appeal delivered under section 33 in relation to the subject matter of the appeal.
(6) In the performance of their functions under this Ordinance, the members of an appeal board have the same privileges and immunities as a judge of the Court of First Instance has in civil proceedings in that court.
(7) A person appearing before an appeal board as a witness, a party to an appeal or a representative of a party to an appeal is entitled to the same privileges and immunities as he or she would have in civil proceedings in the Court of First Instance.
(8) Subject to this Ordinance, an appeal board may determine its own procedure.
37. Hearing
(1) The Chairperson of an appeal board must notify the appellant and the Director of the date, time and place of the hearing of the appeal at least 14 days before the hearing.
(2) At any proceedings before an appeal board—
- (a) the appellant may be represented by—
- (i) a barrister or solicitor; or
- (ii) (if the appellant is a body corporate) an individual authorized by the appellant; and
- (b) the Director may be represented by—
- (i) a barrister or solicitor; or
- (ii) a public officer.
(3) An appeal board may engage any barrister or solicitor to attend a hearing of the board to advise it on any matter relating to the appeal.
(4) The hearing of an appeal must be open to the public unless the appeal board determines that there is a good reason for it to be held in camera.
(5) An appeal board may, by a notice signed by the Chairperson and issued to a person—
- (a) direct the person to attend before the board and to give evidence; or
- (b) direct the person to produce documents.
(6) A person who fails to comply with a direction under subsection (5) commits an offence and is liable on conviction to a fine at level 5.
(7) Despite subsection (5), no person to whom a direction is given under that subsection is required to give any evidence or produce any document which tends to incriminate himself or herself.
