Full legislation
s.64
Appeals and objections to Chief Executive in Council
(1)
Where any Ordinance confers upon any person a right of appeal or objection to
the Chief Executive in Council, such appeal or objection shall be governed by rules
made in accordance with subsection (2).
(Replaced
54 of 1969 s. 5
)
(2)
The Chief Executive in Council may make rules governing the procedure to be
followed in appeals or objections to the Chief Executive in Council.
(Replaced
54 of 1969 s. 5
)
(3)
The conferring by any Ordinance of a right of appeal or objection to the Chief
Executive in Council shall not prevent any person from applying to the High Court
for an order of mandamus, certiorari, prohibition, injunction or any other order,
instead of appealing or making an objection to the Chief Executive in Council, where
an application for such an order would lie, but no proceedings by way of mandamus,
certiorari, prohibition, injunction or other order shall be taken against the Chief
Executive in Council in respect of any such appeal or objection to the Chief
Executive in Council or any proceedings connected therewith.
(Amended
54 of 1969 s. 5
;
26 of 1998 s. 23
)
(4)
The Chief Executive in Council, when considering any appeal or objection to him
(whether by way of petition or otherwise, and whether such appeal or objection is
made by virtue of any Ordinance or otherwise) shall act in an administrative or
executive capacity and not in a judicial or quasi-judicial capacity and shall be
entitled to consider and take into account any evidence, material, information or
advice in his absolute discretion.
(Amended
54 of 1969 s. 5
)
(5)
The Chief Executive in Council, when considering any appeal or objection to him
(whether by way of petition or otherwise and whether such appeal or objection is
made by virtue of any Ordinance or otherwise) against any decision of any person,
public officer or public body, may confirm, vary or reverse such decision or
substitute therefor such other decision or make such other order as the Chief
Executive in Council may think fit.
(Amended
54 of 1969 s. 5
)