Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/40

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A483


(4) Every sitting of the Appeal Board shall be held in public unless the Appeal Board considers that in the interests of justice a sitting or part of a sitting should not be held in public, in which case it may hold the sitting or part of the sitting in private.

(5) After hearing an appeal, the Appeal Board shall determine the appeal by upholding, varying or setting aside the enforcement notice and may make such consequential orders as it considers necessary.

(6) The Appeal Board shall notify in writing the parties to the appeal of its decision and the reasons for the decision.

51. Powers of Appeal Board

(1) Subject to section 52 (privilege against disclosure) and section 55 (privileges and immunities of Appeal Board members and witnesses), in the hearing of an appeal, the Appeal Board may—

(a) subject to subsection (2), 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;
(b) by notice in writing signed by the presiding officer, summon any person—
(i) to produce to the Appeal Board any document that is relevant to the appeal and is in his custody or under his control; or
(ii) to appear before the Appeal Board and to give evidence relevant to the appeal;
(c) administer oaths and affirmations;
(d) require evidence to be given on oath or affirmation;
(e) make an award as to costs—
(i) against an appellant, if the Appeal Board is satisfied that he has conducted his case in a frivolous or vexatious manner; and
(ii) against any other party to the appeal, if the Appeal Board is satisfied that in all the circumstances of the case it would be unjust and inequitable not to do so;
(f) where the Appeal Board is satisfied that it is just and equitable to do so, require a party to the appeal to pay the costs of the Appeal Board in hearing the appeal;
(g) make an order prohibiting a person from publishing or otherwise disclosing any material the Appeal Board receives;