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HKCR APPEAL MECHANISM

  1. This Appeal Procedure sets out the procedure where a player wishes to appeal any selection decision taken by the Coaching Team Selection Panel in relation to Non-selection for the HKCR Representative Team Final Squad. 
     
  2. Any player seeking to appeal a selection decision should be aware of the time limits contained in this Appeal Policy. It is designed with the intention of resolving issues in a timely, fair and transparent manner.
     
  3. This Appeal Procedure is the only and exclusive appeal procedure governing selection and forms a separate entire agreement between each player wishing to be selected for the specific sanctioned tournament and the HKCR.
     
  4. The Parties agree not to commence, continue, or maintain any legal proceedings in relation to these selection matters. All decisions under this Appeal Procedure are final and binding upon them.
     
  5. Any player adversely affected by a selection decision, or by the selection process, shall have the right to appeal subject to the terms and conditions set out below. A selection decision cannot be appealed simply because an athlete does not like or agree with it. There must be clear and sufficient grounds for the appeal. For example:


    1. Failure to follow agreed policies or procedures. i.e. A player may appeal against the initial selection decision, only on the grounds that there has been a failure to follow the process outlined in the Selection Policy/ Mechanism
       
    2. Decisions made based on bias or lack of neutrality. i.e. the Selection Panel, or any member of it involved in making the relevant selection decision, lacked the required independence and has shown actual bias when making the decision
       
    3. Exercise of discretion for an improper purpose.
       
    4. The Selection Panel reached a decision based on an error of fact. The decision is unreasonable and one that no reasonable decision maker could ever have reached. Please note, this ground cannot be used simply because a player believes the Panel made the wrong choice. The decision would need to be so unreasonable that no reasonable person/panel (acting reasonably) could have made it. It would not be sufficient to prove that the decision was merely unreasonable. If none of these grounds are met the appeal will be dismissed.
       
    5. Promotion of a decision that was grossly unfair
       
    6. Discrimination as defined by HKSAR Equal Opportunities legislation.
       
  6. A player wishing to appeal a selection decision should, in the first instance, take the matter up with the Head Coach. Where the issue cannot be resolved they may then refer the matter in the form of a written appeal to the Appeals Panel for further consideration. The Head Coach may also refer such issues to the Appeals Panel for advice.
     
  7. Any Appeal Procedure is commenced when an appellant player submits a formal written appeal that credibly identifies one of the permitted grounds of appeal (the Notice of Appeal) to the HKCR Appeals Panel at the relevant HKCR email address. A written appeal from an athlete shall be accompanied by a deposit of HK$500. This sum shall be refunded if the appeal is upheld but otherwise shall be forfeited to HKCR. Appeals shall not be accepted from third parties such as parents, coaches, clubs or other organizations, except in the case of junior athletes, where the Association shall exercise its discretion on a case-by-case basis.
     
  8. The Notice of Appeal must be received by HKCR within 5 working days of the selection decision being presented by the selection panel.
     
  9. The Notice of Appeal must set out the full details of the Appellant player’s ground(s) of appeal and include: a) an email address for correspondence; b) details of any representative; c) details of the decision which the player is appealing; d) details of the ground(s) of appeal upon which the player relies, including the precise manner in which the Appellant player alleges that such ground(s) apply; e) any documents or written evidence upon which the Appellant player relies in support of his or her appeal