- (e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.
(4) After hearing an appeal made in respect of any decision specified in Schedule 6 the Appeal Board may uphold, vary or quash that decision and make such consequential orders as may be necessary.
37. Appeal Board’s decision is final
Subject to section 39, the determination of an appeal by the Appeal Board or any order as to costs made by the Appeal Board shall be final.
38. Supplementary provisions relating to appeals
(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 Governor may appoint any Deputy Chairman to act as Chairman and as such to exercise all the functions of the Chairman during the period of his appointment.
(3) If a person appointed by the Chairman under section 36(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 35(5) to act in his place.
(4) In the hearing of an appeal, the appellant and the Authority shall be entitled to be heard either in person or through a solicitor or barrister admitted under the Legal Practitioners Ordinance (Cap. 159) and if the appellant is a corporate trustee, through any of that corporate trustee’s 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 Authority under section 36(3)(e) shall constitute a debt due and payable to the Government and be recoverable in the District Court and any sum payable by the Authority under such an award shall be charged on the general revenue.
