Appeal Mechanism

Should regulated organizations be aggrieved by the following decisions, they may lodge an appeal in accordance with the mechanism:

• Written notice given by the regulating authorities (section 7)
• the designation as CI operators (section 12)
• the designation as critical computer systems (section 13), etc

Membership list of appeal panel

Chairman:

Dr. WONG Kong Tin James, BBS, JP

Members:

Composition of appeal panel

At least 15 suitable individuals shall be appointed by the Chief Executive as members of the appeal panel, must ensure that:

• the chairperson is:
  • a former Justice of Appeal of the Court of Appeal;
  • a former judge, a former recorder or a former deputy judge of the Court of First Instance; or
  • a person eligible for appointment as a judge of the High Court under the High Court Ordinance;
• at least 2 of the members are IT professionals;
• at least 2 of the members are legal professionals; and
• at least 2 members are neither IT professionals nor legal professionals.

Each member of the appeal panel is to be appointed for a period of not more than 2 years, but is eligible for reappointment.

Appointment of appeal board

Upon receiving an appeal notice, the chairperson of the appeal panel will appoint from the panel an appeal board ("the board") to handle the appeal.

The board is to consist of 1 member as the chairperson and at least 2 other members ("ordinary members"). Among which:

• the chairperson is a legal professional
• at least 1 of the ordinary members is an IT professional
• at least 1 of the ordinary members is neither an IT professional nor a legal professional

Hearing

Decisions of appeal board

• The Board may confirm, vary or reverse any decision to which the appeal relates, or give appropriate direction in relation to the decision
• The Board must give relevant reasons in writing for its decision, the copy of which must be served on the parties to the appeal.
• The decision of the Board is final

# For details, please refer to the Protection of Critical Infrastructures (Computer Systems) Ordinance.