2. Fair hearing
A fair hearing generally entails a reasonable opportunity for the affected person to (1) know about and (2) respond to allegations which have been received by and are relied upon by a decision-maker. This would usually involve making available damaging materials to which the decision-maker has been provided, to an extent which allows the person to make “meaningful and focused representations”: ATV v Communications Authority (No. 2) [2013] 3 HKLRD 618.
Note however that a fair hearing does not necessarily mean an oral hearing or access to legal representation. While this could potentially be granted by the authority depending on the nature of the circumstances, the focus of the right to a fair hearing is that the individual affected is able to make representations as to their case. As such, there is no specific formula or manner in which a fair hearing is to be conducted.
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