Right of Appeal

1. Review of decisions

Pursuant to Section 140 of the Chinese Medicines Ordinance, an applicant aggrieved by the decision of the Chinese Medicines Traders Committee made regarding his application for a trader licence in Chinese medicines or the decision of the Chinese Medicines Committee regarding his application for a registration of proprietary Chinese medicine may, within 14 days after the receipt of the notification of decision, request the Chinese Medicines Board to review the decision and such request shall state the reasons relied upon. Upon receipt of the written request for review, the Chinese Medicines Board shall review the decision and shall serve a notice of its decision together with the reasons for its decision on the person concerned. In reviewing a decision, the Chinese Medicines Board may invite the person concerned to give representations in writing or in person.

 

2. Right of appeal to Court of First Instance

Pursuant to Section 141 of the Chinese Medicines Ordinance, an applicant aggrieved by the decision of the Chinese Medicines Board made regarding his application for a trader licence in Chinese medicines, or his application for a registration of proprietary Chinese medicine, or decision made after review may, within 1 month from the date of service of the notice, appeal to the Court of First Instance, and the Court of First Instance may affirm, reverse or vary the decision appealed against. The decision of the Court of First Instance shall be final.