Appeal against Council's Decision on Exemption from Providing Card Reading Device
[Appeal under section 52(3) of Construction Workers Registration Ordinance]
Under what circumstances can I appeal against the decision?
A person may appeal against the decision of the Council notified to him/her in writing under section 58(4)(b) of the Construction Workers Registration Ordinance (“the Ordinance”) regarding his/ her application for exemption under section 58(2). He/she can appeal to the Council against the decision in accordance with the procedures stated below.
How can I lodge an appeal?
A person may, within 3 business days after being notified by the Council in writing of its decision under section 58(4)(b) of the Ordinance, appeal to the Council against such decision by serving on the Council a “Notice of Appeal against the Decision of the Council on Application for Exemption from Providing Card Reading Device”(“Notice of Appeal” (Form AFE1)) stating the substance of the matter and reasons for the appeal.
Procedures for Appeal
- The prescribed fee payable in respect of an application for appeal is HK$30 and the fee once paid is non-refundable. No refund shall be made whether the appeal is successful or not, or in case it is withdrawn. Payment can be made by crossed cheque payable to the "Construction Industry Council";
- an applicant may submit the duly completed "Notice of Appeal" and the requisite payment either in person or by post to the Council (address: CIC Headquarters, 38/F, COS Centre, 56 Tsun Yip Street, Kwun Tong, Kowloon) within 3 business days after the decision;
- as soon as practicable after receiving a “Notice of Appeal”, the Council shall forward a copy of the Notice to the Secretary for Development (“the Secretary”);
- the Secretary shall appoint a Construction Workers Appeal Board (“Appeal Board”) to hear the appeal within 7 business days after receipt of a “Notice of Appeal” issued under section 52(3) of the Ordinance;
- members of the Appeal Board shall elect a chairman from amongst themselves;
- the Appeal Board shall consist of 5 members, quorum of the Appeal Board is 4 members;
- the parties to an appeal are -
(a) the appellant; and
(b) the Council;
- Chairman of the Appeal Board shall appoint the time and place of the hearing of the appeal and notify the parties to the appeal;
- a party to an appeal may be present at the hearing of the appeal and may make representation in person; or be represented by counsel or a solicitor or any other person authorized by the party in writing;
- the hearing of an appeal shall be held in public unless the Appeal Board, on its own motion or on the application of a party to an appeal, orders that all or part of the hearing shall be held in camera;
- the Appeal Board shall not make an order under section 55(4) （i.e. point 11 above）unless the Appeal Board –
(a) has consulted the parties to the appeal; and
(b) is satisfied that the order is necessary in the interests of justice;
- the decision of the Appeal Board on an appeal shall be that of the majority of the members hearing the appeal, and if there is an equality of votes, the chairman of the Appeal Board shall have a casting vote in addition to his original vote.
Notification of decision
- The decision of the Appeal Board on an appeal shall be binding on the parties to the appeal and shall be final;
- the Appeal Board shall notify in writing the parties to the appeal of its decision and the reasons for the decision.
Powers of Appeal Board
- The Appeal Board may, by notice under the signature of its chairman—
(a) summon any person to attend the hearing to give evidence or produce any document or other thing in his possession; and
(b) authorise a person to inspect the construction work, if any, to which the appeal relates.
- The Appeal Board may—
(a) examine a person summoned under subsection 57(1)(a) (i.e. point 1(a) above) as a witness or require him to produce any document or other thing in his possession;
(b) hear and consider representations made by or on behalf of the parties to the appeal; and
(c) hear, receive and examine evidence on oath.
- The Appeal Board may, in an appeal against a decision of the Council—
(a) confirm or revoke the decision; or
(b) make any decision that the Council could have made.
- The Appeal Board may make any order as it thinks fit with regard to the payment of the costs of the parties to an appeal in the appeal.
- Costs awarded or imposed are recoverable as a civil debt.