【法规名称】
【法规编号】 44026 什么是编号？
【正 文】
第5页 CAP 359H RADIOGRAPHERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (Enacted 1995) Cap 359H s 23 Reference of complaint to Committee (1) On receiving a complaint submitted under section 21, the Chairman of the Committee shall, if satisfied that the complaint is frivolous or groundless and should not proceed further, dismiss it, and in any other case- (a) direct the Secretary that the complaint be referred to the Committee to consider whether it should be referred to the Board for inquiry; and (b) fix a date for the meeting of the Committee to consider the complaint.(2) Where the Secretary is directed to refer a complaint to the Committee under subsection (1)(a), he shall- (a) refer the complaint to the Committee; (b) notify the respondent of the receipt of the complaint; (c) inform him of the substance thereof; (d) forward to him a copy of any statutory declaration furnished under section 22(1); (e) inform him of the date fixed for the meeting of the Committee to consider the complaint; and (f) invite him to submit to the Committee any explanation he wishes to offer for his conduct or any other matter alleged in the complaint. (Enacted 1995) Cap 359H s 24 Consideration of complaint by Committee (1) The Secretary shall, at the meeting at which a complaint is considered, put before the Committee- (a) the complaint; (b) any statutory declaration; (c) any explanation submitted by the respondent; and (d) any other available document or matter in the nature of evidence relevant to the complaint.(2) The Committee shall consider any documents or matter put before it under subsection (1) and, subject to subsection (3), shall determine either- (a) that no inquiry shall be held; or (b) that the complaint or any part of it shall be referred to the Board for inquiry.(3) Before coming to a determination under subsection (2), the Committee may cause to be made such further investigation and may obtain such additional advice or assistance as it considers necessary. (Enacted 1995) Cap 359H s 25 Determination of Committee that no inquiry be held If the Committee determines that no inquiry shall be held, it shall direct that the complaint be dismissed and the Secretary shall inform the complainant, if any, and the respondent accordingly. (Enacted 1995) Cap 359H s 26 Determination of Committee that inquiry be held (1) If the Committee determines that an inquiry shall be held it shall refer the case to the Board and the Chairman of the Committee shall notify the Chairman of the Board of the matters into which inquiry is to be made. (2) Where a matter is referred to the Board under subsection (1), the Chairman of the Board shall fix a date upon which it is proposed that the inquiry shall be held and the Secretary shall, within 1 month of the determination of the Committee to refer the complaint to the Board, serve on the respondent- (a) a notice of inquiry which shall be in accordance with Form 4 in Schedule 2; and (b) a copy of this Regulation.(3) An inquiry shall not be held until 28 days after the date of service of the notice of inquiry unless the respondent consents in writing to holding it earlier. (4) Service of a notice of inquiry on the respondent shall be by registered post addressed to him at his address last known to the Secretary. (5) Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to any complainant. (Enacted 1995) Cap 359H s 27 Adjournment of inquiry (1) The Chairman of the Board may, at any time, on his own accord or upon an application in writing by the respondent, adjourn any inquiry to such date as he thinks fit. (2) Notice of any such adjournment shall be given to the respondent and to any complainant. (Enacted 1995) Cap 359H s 28 Documents to be furnished to Board The respondent and any complainant shall furnish to the Secretary, not less than 10 days before the date of an inquiry or such lesser period as the Board may determine, 2 copies of all documents upon which he intends to rely at the hearing of the inquiry. (Enacted 1995) Cap 359H s 29 Documents to be available to each party The Secretary on the request of the respondent or a complainant and on the payment of reasonable charges (if any) shall send to the respondent or to the complainant, as the case may be, copies of any document sent to the Secretary by the other party for the purposes of an inquiry. (Enacted 1995) Cap 359H s 30 Notice to produce Any party may at any time give to any other party notice to produce any document alleged to be in the possession of that party and, on failure to produce such document, may prove the contents thereof by any alternative method. (Enacted 1995) Cap 359H s 31 Amendment of notice (1) Where before the hearing or at any stage of the hearing it appears to the Board that a notice of inquiry is defective, the Chairman of the Board may give such directions for the amendment of the notice as may be thought necessary to meet the circumstances of the case unless, having regard to the merits of the case, he is of the opinion that the required amendments cannot be made without prejudice to the respondent. |
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