Unsolicited Electronic Messages Ordinance Part 6 6-6 Section 49 Cap. 593 (3) Unless ordered by the Appeal Board under section 51(1)(i) (powers of Appeal Board), the lodging of a notice of appeal shall not have the effect of suspending the operation of the enforcement notice or any part of the enforcement notice under appeal. 49. Composition of Appeal Board for purposes of appeal (1) For the purposes of an appeal, the Appeal Board shall consist of— (a) a presiding officer, who shall preside at the hearing of the appeal; and (b) 2 panel members selected by the presiding officer. (2) Subject to subsections (3), (4) and (5), the Chairman or, if the Chairman so determines, a Deputy Chairman selected by the Chairman shall act as presiding officer. (3) The Chairman shall not act as presiding officer if he has a direct or indirect interest in the appeal. (4) The Chairman shall not select a Deputy Chairman to act as presiding officer if the Deputy Chairman has a direct or indirect interest in the appeal. (5) In the event that the Chairman and each Deputy Chairman has a direct or indirect interest in an appeal, the Chief Executive may select a panel member who is legally qualified and who does not have a direct or indirect interest in the appeal to act as presiding officer. (6) The presiding officer shall not select a panel member to hear an appeal if the panel member has a direct or indirect interest in the appeal. (7) If the term of appointment of the presiding officer or a panel member selected under subsection (1)(b) expires during the hearing of an appeal, the presiding officer or panel Last updated date 2.8.2012