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Cap. 551 · Environment And Planning Review (Cap. 551)

Cap. 551 Art. 30Experts. Cap. 12. Cap. 12.

PART III

In KraftAmtlicher Text

(1) The Tribunal may require any department or agency of the Government to provide the Tribunal with such information as the Tribunal may deem necessary for the proper execution of its functions.

(2) The appointment of experts shall be regulated by the following provisions:

(a) the Tribunal may appoint an expert or more than one expert to draw up a report on any matter which the Tribunal deems relevant to the appeal;

(b) where the parties to an appeal agree on the submission of a name of an expert, the Tribunal shall appoint the expert agreed upon by the parties;

(c) where the parties fail to agree upon the appointment of an expert, the Tribunal shall appoint an expert of its own choice.

(3) In the Tribunal’s decree appointing an expert, the Tribunal shall:

(a) state the object of the appointment;

(b) fix the day and time when the expert is to conduct an inspection where necessary; in faciem loci

(c) give directions for the guidance of the expert in the execution of his task, where necessary;

(d) establish a date by which the expert should draw up a report;

(e) state which party is to bear the expenses of such an expert.

(4) The Tribunal may, at any time, order the expert to return the records of the appeal that are in his possession. In case of non-compliance with the Tribunal’s order, the expert shall, without prejudice to any other proceedings which may be instituted against him, be guilty of contempt of the Tribunal’s order.

(5) The Tribunal may order the expert to attend the hearings of the appeal and to place to the witnesses any questions he may deem necessary or relevant to enable him to draw up his report.

(6) The expert shall be served with a copy of all the documentation contained in the appeal file.

(7) An expert may be challenged by any of the parties to an appeal on good cause being shown to the Tribunal, as stated in the Code of Organization and Civil Procedure.

(8) The report of the expert shall indicate the enquiries carried out by the expert and his findings together with the grounds for such findings.

(9) The rules applicable to referees in the Code of Organization and Civil Procedure shall mutatis mutandis apply to experts appointed by the Tribunal.