Land (Miscellaneous Provisions) Ordinance

(1)
On receipt of a notification under
section 10M(8)
, the Secretary
shall—
(a)
compile a list of the names of members whom he intends to appoint to constitute the Review Board to review the Chief Engineer’s decision under
section 10M(5)
;
(b)
serve a notice on the members mentioned in paragraph (a) requiring them to make a declaration as to whether they have or do not have any direct or indirect interest in the review concerned within 7 days from the date of service of the notice; and
(c)
serve a notice on the permittee concerned notifying him the names of the members mentioned in paragraph (a) and his right to raise any objection on the appointment of any member on the ground that the member has direct or indirect interest in the review within 7 days from the date of service of the notice.
(2)
The objection in subsection
(1
)(
c)
shall be in writing and shall be accompanied by all written statements and other documentary evidence relied upon by the permittee concerned in support of the objection.
(3)
After the expiry of the period allowed for the declaration of interest and the raising of objection under subsection
(1
)(
b)
and (c), the Secretary shall, subject to subsections (5) and (6), finalize the composition of the Review Board by appointing 3 or 5 persons (excluding the Chairman) from the list compiled under subsection (1) to constitute the Review Board after taking into consideration the declaration of interest of the members and the objection raised by the permittee concerned.
(4)
The Director of Highways shall be the Chairman of the Review Board.
(5)
For the purpose of subsection (3), the Secretary shall
appoint—
(a)
at least one public officer of the rank of Government Engineer or above or a public officer of equivalent rank with engineering qualifications relevant to the excavation concerned from the Highways Department;
(b)
at least one member from the Review Panel; and
(c)
1 or 3 other persons as he thinks fit.
(6)
The majority of the persons constituting a Review Board, excluding the Chairman, shall be persons other than public officers.
(7)
If at any time during the review proceedings, it is discovered that any member of the Review Board has a direct or indirect interest in the review concerned, the Chairman may adjourn the proceedings and inform the Secretary.
(8)
The Secretary shall terminate the appointment of the member and appoint another member by applying the procedures in subsections (1), (2) and (3) with necessary modification as he thinks fit.
(9)
After the appointment of a new member under subsection (8), the Review Board may rehear the application wholly or in part if it is satisfied that it is just to do so.