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CIC

Review of Registrar's Decision on Workers Registration

Under what circumstances can I apply for review of the Registrar's decision?

The Registrar may:

  1. reject a person's application for registration or renewal of registration under section 43(1) of the Ordinance; or
  2. specify the registration expiry date of a person under section 44(1) of the Ordinance; or
  3. cancel the registration of a person under section 49(1) of the Ordinance.

Regarding the decision of the Registrar under section 43(1), 44(1) or 49(1) of the Ordinance, a person who, on receipt of the Registrar's written notification (applicable for item 1) or issuing a registration card (applicable for item 2) or written notification by prepaid registered post (applicable for item 3), wishes to apply for a review of any of the above decision may submit a request in accordance with the procedures stated below.

How to apply for a review of decision?

A person who is the subject of a decision of the Registrar under the provisions as stated above, may request the Review Board to review the decision by serving on the Board, within 2 weeks after the decision, a "Notice of Request for Review" (Form RA1) stating the substance of the matter and reasons for the review.

Procedures for review and notification of decision

  • As soon as practicable after receiving the request for review, the Review Board shall consider the request;
  • a request under the Ordinance for review of a decision does not suspend the decision unless the Council decides otherwise;
  • the Review Board, on consideration of a request for review of the Registrar's decision, may recommend the Registrar to confirm, vary or reverse the decision; or to substitute the decision with such other decision as the Review Board thinks fit;
  • on making a recommendation, the Review Board shall notify in writing the person requesting for the review of its recommendation and the reasons for the recommendation;
  • upon receipt of the recommendation of the Review Board in respect of a request for review of a decision, the Registrar shall, having regard to the recommendation, as soon as practicable notify the person in writing as to whether the decision is confirmed / varied / reversed / substituted with another decision and the reasons for doing so.

Can I appeal against the decision of the review?

A person who, on receipt of the recommendation of the Review Board for a request for review of a decision, and after being notified in writing by the Registrar of the confirmation / variation or substitution of the decision, may appeal against the decision by serving on the Council a "Notice of Appeal" stating the substance of the matter and reasons for the appeal. (Please refer to "Appeal against a decision of the Registrar" for details.)

Last Updated: 2019-03-18 15:45:52