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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A485


(h) make an order prohibiting the publication or other disclosure of any material the Appeal Board receives at a sitting, or part of a sitting, that is held in private; and
(i) make an order suspending the operation of an enforcement notice.

(2) Subsection (1)(a) shall not entitle a person to require the Appeal Board to receive and consider any material that had not been submitted to or made available to the Authority at any time before the enforcement notice under appeal was served.

(3) Costs referred to in subsection (1)(e) and (f) are recoverable as a civil debt.

(4) The Chairman may determine any matter of practice or procedure relating to the hearing of appeals where no provision governing such matter is made in this Ordinance or in any rules made under section 56 (rules).

52. Privilege against disclosure

For the purposes of an appeal, the appellant, the Authority and any other person summoned under section 51(1)(b) (powers of Appeal Board) shall each have the same privileges in respect of the disclosure of any material as if the proceedings before the Appeal Board were proceedings before a court.

53. Case may be stated for Court of Appeal

(1) The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated.

(2) On the hearing of the case, the Court of Appeal may—

(a) determine the question stated; or
(b) remit the case to the Appeal Board, in whole or in part, for reconsideration in the light of the Court’s determination.

(3) Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law.

54. Offences relating to appeals

(1) In relation to an appeal, a person who, without reasonable excuse, refuses or fails—

(a) to attend and give evidence when required to do so by the Appeal Board;
(b) to answer truthfully and completely questions put to him by the Appeal Board; or