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The Building Appeal Tribunal is a panel comprising three members appointed by the Chief Executive: one authorised person, one appointed by the Building Authority and one representing developers. Under section 44 of the Buildings Ordinance (Cap 123), if the Building Authority decides to disapprove a developer's plans, and if the developer believes he is prejudiced by the Building Authority's decision, the developer may appeal to a Building Appeal Tribunal for a review of the Building Authority's exercise of discretion. Determinations of the panel are a private not public matter, and furthermore cannot generally be appealed. The Building Authority may request the Governor in Council to review the determination but it very rarely does so. |
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