Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 28

Procedure for refusal, etc. of licence

(1) Where the Council proposes to-

   (a)  refuse to grant a licence;

   (b)  grant a licence in respect of part only of the premises or
        relevant activity specified in the application concerned;

   (c)  grant a licence subject to conditions; or

   (d)  refuse to vary a licence so as to designate another individual in
        place of the person responsible, the Council shall give notice of the
        proposal, the reasons for it and the effect of subsection (3) to the
        applicant.

(2) Where the Council proposes to vary or revoke a licence, it shall give
notice of the proposal, the reasons for it and the effect of subsection (3) to
the person responsible and the licensee (but not to any person who has applied
for the variation or revocation).

(3) If, within the period of 28 days beginning with the day on which notice of
the proposal is given, any person to whom notice was given under subsection
(1) or (2) gives notice to the Council of a wish to make to the Council
representations about the proposal in any way referred to in subsection (4),
the Council shall, before making its determination, give the person an
opportunity to make representations in that way.

(4) The representations may be-

   (a)  oral representations made by the person, or another person acting on
        behalf of the person, at a meeting of the Council;

   (b)  written representations made by the person.

(5) The Council shall-

   (a)  in the case of a determination to grant a licence, give notice of the
        determination to the licensee and the person responsible;

   (b)  in the case of a determination to refuse to grant a licence, or to
        refuse to vary a licence so as to designate another individual in
        place of the person responsible, give notice of the determination to
        the applicant; and

   (c)  in the case of a determination to vary or revoke a licence, give
        notice of the determination to the licensee and the person 
        responsible.

(6) The Council shall, in giving notice of a determination to-

   (a)  refuse to grant a licence;

   (b)  grant a licence in respect of part only of the premises or
        relevant activity specified in the application concerned;

   (c)  grant a licence subject to conditions;

   (d)  refuse to vary a licence so as to designate another individual in
        place of the person responsible; or

   (e)  vary or revoke a licence otherwise than on an application by the
        licensee or the person responsible, also give in the notice the
        reasons for its decision.

(7) In this section, "conditions" (條件) do not include conditions to which
a licence is subject by virtue of regulations made under section  45 (2)(a).

(8) It is hereby declared that conditions to which a licence is subject by
virtue of regulations made under section 45(2)(a) do not need to be specified
in the licence in order for the licence to be so subject.

"conditions" (條件)