(2) The Governor shall appoint a person to be the Chairman of the Appeal Board and such other person or such number of other persons as he thinks fit to be the Deputy Chairman or Deputy Chairmen of the Appeal Board.
(3) Subject to subsection (7), the Chairman or any Deputy Chairman shall be appointed for a term of not more than 2 years but may be reappointed.
(4) A person appointed under subsection (2) shall be a solicitor or barrister admitted under the Legal Practitioners Ordinance (Cap. 159).
(5) The Governor shall appoint a panel of persons not being public officers whom he considers suitable for appointment under section 36 as members of the Appeal Board.
(6) An appointment under subsection (2) or (5) shall be notified in the Gazette.
(7) The Chairman and any Deputy Chairman or person appointed under subsection (5) may at any time resign by notice in writing to the Governor.
(8) The Chairman and any Deputy Chairman or person appointed under subsection (5) shall be remunerated out of money provided by the Legislative Council for that purpose at a rate that the Financial Secretary may determine.
36. Constitution and powers of Appeal Board
(1) The Appeal Board shall consist of the Chairman or any Deputy Chairman who shall preside at the hearing and such number of persons, not being fewer than 2, from the panel referred to in section 35(5) as the Chairman may appoint to be members of the Appeal Board to hear any appeal.
(2) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman or (where appropriate) the Deputy Chairman and in the case of an equality of votes the Chairman or Deputy Chairman shall have a casting vote.
(3) In hearing an appeal the Appeal Board may—
- (a) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would be admissible in a court of law;
- (b) by notice in writing signed by the Chairman, summon any person—
- (i) to produce to it any document that is relevant to the appeal and is in his custody or under his control; or
- (ii) to appear before it and to give evidence relevant to the appeal;
- (c) administer oaths and affirmations;
- (d) require evidence to be given on oath or affirmation;
