Unsolicited Electronic Messages Ordinance
Part 6
6-10
Section 51
Cap. 593
(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
Last updated date
2.8.2012
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