【法规名称】
【法规编号】 44026 什么是编号？
【正 文】
第6页 CAP 359H RADIOGRAPHERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (2) The Secretary shall, as soon as is practicable, after the amendment of a notice of inquiry, give notice in writing thereof to the respondent and to any complainant. (Enacted 1995) Cap 359H s 32 Interpretation (Part IV) PART IV PROCEEDINGS AT HEARING OF THE BOARD In this Part- "order" (命令) means an order made by the Board in the exercise of its powers under section 22 of the Ordinance; "Secretary" (秘书) includes a counsel, a solicitor or a legal officer appointed in pursuance of section 34. (L.N. 90 of 2004) (Enacted 1995.) Cap 359H s 33 Record of proceedings (1) A shorthand writer may be appointed by the Board to prepare a verbatim record of the proceedings. (2) If a verbatim record of any proceedings or any part of any proceedings has been prepared the Chairman of the Board, on application to him by any party and on the payment of reasonable charges (if any), shall furnish such party with a copy of such record. (Enacted 1995) Cap 359H s 34 Appointment of counsel, solicitor or legal officer as Secretary On the application of the Secretary of the Board appointed under section 5(4)(a) of the Ordinance, the Secretary for Justice may appoint a counsel, a solicitor or a legal officer within the meaning of the Legal Officers Ordinance (Cap 87) to carry out the duties which a secretary has to perform in an inquiry where the complainant is not present and is not represented by counsel or solicitor. (Enacted 1995. L.N. 362 of 1997; L.N. 90 of 2004) Cap 359H s 35 Opening of inquiry (1) At the opening of an inquiry the Secretary shall read the notice of inquiry. (2) If the respondent is not present and is not represented by a counsel or solicitor at the opening of the inquiry, the Secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served on the respondent in accordance with section 26(4) and, on being satisfied as to such evidence, the Board may proceed with the inquiry in the absence of the respondent. (3) If the respondent is present at the inquiry the Chairman of the Board, immediately after the notice of inquiry has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. (Enacted 1995) Cap 359H s 36 Objections on point of law (1) After the reading of the notice of inquiry the respondent, or his counsel or solicitor, may object to any charge or allegation as the case may be, on a point of law and the Secretary and any other party to the inquiry may reply thereto and, if the Secretary or any party replies to that objection, the respondent, or his counsel or solicitor, shall be permitted to answer such reply. (2) If such objection is upheld by the Board the charge to which such objection relates shall be considered only subject to such objection. (Enacted 1995) Cap 359H s 37 Order of procedure before Board (1) After the reading of the notice of inquiry the order of procedure set out in subsections (2) to (8) shall be observed. (2) The complainant, or his counsel or solicitor, or in their absence, or if there is no complainant, the Secretary, shall present the case against the respondent and adduce the evidence in support thereof and then close the case against the respondent. (3) At the close of the case against the respondent, he or his counsel or solicitor may make either or both of the following submissions in relation to any charge or allegation in respect of which evidence has been adduced- (a) that sufficient evidence has not been adduced upon which the Board can find that the facts alleged in the complaint have been proved; (b) that the facts alleged in the complaint are not such as to constitute the offence charged or the allegation made against the respondent.(4) Where a submission under subsection (3) is made, a reply thereto may be made by the complainant, or by his counsel or solicitor, or in their absence by the Secretary, and the respondent may answer such reply. (5) The Board shall determine whether the submission made under subsection (3) shall be upheld and the Chairman of the Board shall announce the determination of the Board. (6) If the Board- (a) upholds the submission in respect of any charge or allegation, the finding shall be recorded that the respondent is not guilty on that charge or allegation; (b) rejects the submission, the Chairman of the Board shall call upon the respondent to state his case.(7) When called upon to state the case, the respondent, or his counsel or solicitor, may then adduce evidence in support of the respondent's case and may address the Board once, either before or after adducing evidence. (8) At the conclusion of the case of the respondent, the complainant, or his counsel or solicitor, or in their absence the Secretary, may address the Board in reply- (a) if evidence other than the respondent's own evidence was adduced on his behalf; or (b) with the special leave of the Board. (Enacted 1995) Cap 359H s 38 Determination by Board or postponement to future meeting |
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