Page:Education Ordinance 1971 (Cap. 279).pdf/32

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
EDUCATION
Ord. No. 52/71
A287

(c) give the appellant and the Director not less than fourteen days notice of the time and place fixed for the hearing of the appeal.

(2) On receiving a copy of a notice of appeal under subsection (1), the Director shall forthwith forward to the secretary of the Appeals Board a copy of the notice which has been served on the appellant under subsection (1) of section 60.

(3) At the hearing of an appeal, the appellant or his authorized representative, and the Director or any person appointed by him for such purpose, shall be entitled to be present and to be heard on the appeal.

(4) The hearing of an appeal may at the discretion of the Appeals Board be open to the public or in camera, or partly open to the public and partly in camera.

(5) If the hearing of an appeal is adjourned, no person shall be present as a member of the Appeals Board when the hearing is resumed unless he has been present at all previous hearings of the appeal.

(6) The Appeals Board may hear and determine an appeal in the absence of the appellant or the Director if due notice of the hearing of the appeal has been given to both of the parties.

(7) The onus of proving that the grounds stated by the Director under subsection (1) of section 60 for his decision are not correct, or do not justify the decision, shall be upon the appellant.

(8) Except with the permission of the Appeals Board, neither the appellant nor the Director may rely at the hearing of an appeal on any grounds other than those stated by the Director in the notice served on the appellant under subsection (1) of section 60, and those specified by the appellant in the notice of appeal.

Witnesses and inspections. 63. (1) For the purposes of hearing an appeal, the Appeals Board may—

(a) subject to subsection (4), hear and examine witnesses on oath;
(b) subject to subsection (4), summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other thing in his possession and examine him as a witness or require him to produce any document or other thing in his possession;
(c) order an inspection of any premises;
(d) enter and view any premises.

(2) A summons under subsection (1) shall be in such form as the chairman of the Appeals Board shall direct and shall be signed by the chairman and the secretary.