Adjudication Act | HK Aviation Forum

HONG KONG AVIATION FORUM FUNDAMENTAL RULE

Cap. 7: Adjudication Act

I. Preliminary

1. Short Title

This rule may be cited as the Adjudication Act.

2. Interpretation

In this rule, unless the context otherwise requires —

Head Administrator (管理員) means the Head Administrator of the Hong Kong Aviation Forum;

Administrators (管理團隊) means the Head Administrator and any Moderator of the Hong Kong Aviation Forum;

Unanimously passed (一致通過) means all members approved and passed the appointment;

Negative vetting (先訂立後審議) means Chief Adjudicator appointment that are carried out before discussion and voting;

Poll (投票) means the group voting platform, members could vote for “YES”, “NO” or “ABSTAIN”;

Member (會員) means user approved into the group;

Non-member (非會員) means any person who is not a member;

Group (群組) means the Hong Kong Aviation Forum Facebook group;

General Rules Regulation (一般規則) means Common Rule Cap.1;

Announcement (宣布) means a message released via Hong Kong Aviation Forum Release Centre;

Adjudicator (裁決者) means the person who makes a verdict;

Content (內容) means texts, photos, videos, documents, links, codes transmitted in any forms.

II. Adjudicators

3. Chief Adjudicator

(1) The Head Administrator could appoint administrators who have an experience of more than 3 years as Chief Adjudicator. The Chief Adjudicator appointment motion is in a negative vetting. An announcement should be made when the Head Administrator has appointed the Chief Adjudicator. The Chief Adjudicator appointment will be treated as unanimously passed when no member has proposed an opposition within 30 days. Members could propose an opposition via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

When an opposition proposal has been received, the administrators will start a poll in the group, if the poll received —

(a) more than 50% of “YES” votes within 10 days, the member will become the Chief Adjudicator of the Hong Kong Aviation Forum;

(b) less than 50% of “YES” votes within 10 days, the appointment will be immediately void.

(2) The Chief Adjudicator could —

(a) arrange different cases to Adjudicators; and

(b) arrange Permanent Adjudicators between roles;

(d) appoint Deputy Adjudicators;

(e) appoint Non-member Adjudicators with the Head Administrators’ consent.

(3) The Chief Adjudicators’ appointment is permanent, unless —

(a) the Chief Adjudicator resigns;

(b) the Chief Adjudicator was impeached.

(4) Members could propose impeachment of the Chief Adjudicator via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

When an impeachment proposal has been received, the administrators will start a poll in the group, if the poll received —

(a) more than 65% of “YES” votes within 10 days, the Chief Adjudicator will be impeached;

(b) less than 65% of “YES” votes within 10 days, the impeachment will be immediately void.

4. Permanent Adjudicator

(1) The Chief Adjudicator could appoint Permanent Adjudicator with the Head Administrators’ consent. The person appointed must be a member of the Hong Kong Aviation Forum.

(2) The appointment of Permanent Adjudicator is permanent, unless —

(a) the Permanent Adjudicator resigns;

(b) the Permanent Adjudicator is dismissed.

(3) The Permanent Adjudicator will be dismissed with the unanimous approval by —

(a) the Head Administrator; and

(b) the Chief Adjudicator.

5. Deputy Adjudicator

(1) The Chief Adjudicator could appoint Deputy Adjudicator to assist handle violations of the General Rules Regulation.

(2) The term of office of Deputy Adjudicators are fixed. The Chief Adjudicator could dismiss the Deputy Adjudicator after the processing cases has been complete.

6. Non-member Adjudicator

(1) The Chief Adjudicator could appoint non-members to take part in verdicts of the Hong Kong Aviation Forum. Verdicts with Non-member Adjudicator should —

(a) have more than two Permanent Adjudicators taking part;

(b) have only one Non-member Adjudicator taking part only.

(2) The appointment of Non-member Adjudicator is permanent, unless —

(a) the Non-member Adjudicator resigns;

(b) the Non-member Adjudicator is dismissed.

(3) The Non-member Adjudicator will be dismissed with the unanimous approval by —

(a) the Head Administrator; and

(b) the Chief Adjudicator.

III. Powers Granted to Adjudicators

7. Free from Consequences

Adjudicators are free from any in-group consequences when making verdicts, judgements and adjudications.

8. Free from Interference and Obstruction

Adjudicators are free from any interference and obstruction by members.

9. Power to Issue Prohibition Order

Permanent Adjudicators could issue a Prohibition Order to prohibit a member, including Administrators from doing an action. A Prohibition Order can be proposed via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

10. Power to Issue Suspension Order

Adjudicators could issue a Suspension Order to suspend the penalty of a rule violation. The Adjudicator may add requirements to the member when the Suspension Order has been issued. Unless the Adjudicator has a reasonable suspicion which the member would continue a rule violation, or else the request of the Suspension Order would be approved. The adjudicator may also impose restrictions on the Suspension Order. A Suspension Order can be proposed via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

11. Power to Issue Summons

Adjudicators could issue a Writ of Summons to order a member to respond to questions.

12. Power to Issue Order of Reveal

Adjudicators could issue an Order of Reveal to order a member to hand over information.

IV. Appeal

13. Common Rule Appeal Period

(i) In this Part —

Suspension order (暫緩令) means an order issued by the adjudicator according to Article (9) to suspend the penalty from its’ execution;

Content (內容) means texts, photos, videos, documents, links, codes transmitted in any forms;

Rule violation content (違規內容) means content which violates a Common Rule;

Appeal (上訴) means the appeal of a Common Rule violation.

(ii) Period of Appeal

A suspension order valid for 14 days will be automatically issued after the rule violation has been recorded. The rule violation content will be removed during the period when the Suspension Order has been issued.

After 14 days, if an appeal request has been received, the adjudicator could —

(a) extend the suspension order; or

(b) refuse to extend the suspension order and execute the penalty.

If an appeal request has not been received within 14 days, the member is deemed to be given up the chance of appeal.

Appeal could be proposed via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

The adjudicator could extend the period of appeal on discretion by extending the suspension order upon request within the 14 days. The extension request can be proposed via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

14. Rule Revision Appeal Period

An appeal should be proposed within 150 days of the adjudication. If an appeal request has not been received within 150 days, the member is deemed to be given up the chance of appeal.

Appeal could be proposed via —

(a) Email (help.pr.hkaf@gmail.com); or

(b) Facebook Messenger (http://facebook.com/hkafofficial); or

(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).

15. Final Appeal

The appeal adjudication is the final appeal of an adjudication.

16. Application of appeal

Appeal could be applied by both the applicant and the defendant. Adjudicators of the first adjudication must not participate in the appeal adjudication.