Cap. 1activeordinance

Interpretation and General Clauses Ordinance

釋義及通則條例

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
)