【法规名称】
【法规编号】 44026 什么是编号？
【正 文】
第7页 CAP 359H RADIOGRAPHERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] At the conclusion of the proceedings the Board shall either- (a) determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the respondent is guilty as alleged or charged; or (b) postpone its determination to a future meeting to be held on a date to be decided by the Board,and the Chairman of the Board shall announce the decision of the Board. (Enacted 1995) Cap 359H s 39 Notification of meeting for determination (1) Where the Board decides to postpone its determination to a future meeting, the Secretary shall, not less than 1 week before the date fixed for such future meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting of the Board and invite the respondent to appear at such meeting. (2) A notice under subsection (1) shall be served by registered post addressed to the respondent at his address last known to the Secretary, and a copy of the notice shall be sent to the complainant, if any. (Enacted 1995) Cap 359H s 40 Determination by Board at future meeting At any future meeting of the Board referred to in section 38(b), the Board shall determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the Board finds the respondent guilty as alleged or charged and the Chairman of the Board shall announce the Board's determination. (Enacted 1995) Cap 359H s 41 Making of an order or postponement to future meeting Where the Board makes a finding of guilt or that any allegation against the respondent has been proved under section 38(a) or 40, it shall- (a) if the respondent is a registered person, subject to section 44, make an order; and (b) if the respondent is an applicant for registration, subject to section 44, decide whether to reject his application for registration; or (c) postpone to a future meeting to be held on a date to be decided by the Board, the making of an order under paragraph (a) or a decision under paragraph (b),and the Chairman of the Board shall announce the decision of the Board. (Enacted 1995) Cap 359H s 42 Notification of meeting for an order (1) Where the Board postpones to a future meeting the making of an order or a decision under section 41, the Secretary shall, not less than 1 week before the date fixed for such meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting and inviting him to appear at the meeting. (2) A notice under subsection (1) shall be served by registered post addressed to the respondent at his address last known to the Secretary, and a copy of the notice shall be sent to the complainant, if any. (Enacted 1995) Cap 359H s 43 Making of order at future meeting At any future meeting referred to in section 41(c), the Board shall, subject to section 44- (a) if the respondent is a registered person, determine the order to be made; and (b) if the respondent is an applicant for registration, decide whether to reject his application for registration,and the Chairman of the Board shall announce the determination or decision of the Board. (Enacted 1995) Cap 359H s 44 Opportunity for mitigation (1) At any meeting of the Board at which the Board makes in respect of a respondent an order or a decision to decline his application for registration, before the order or decision is made, an opportunity shall be given to the respondent or his counsel or solicitor to make a statement in mitigation and to adduce evidence as to the circumstances leading to the commission of the offence or the conduct complained of and as to the character and antecedents of the respondent. (2) At any meeting referred to in subsection (1), before the order or decision of the Board is made- (a) the Secretary or any other person presenting the case against the respondent may, if the respondent has been the subject of a previous order, produce to the Board the records of the meeting at which that order was made; and (b) the respondent, in person or by his counsel or solicitor, may make a statement by way of mitigation and adduce evidence as to the circumstances leading to the previous order. (Enacted 1995) Cap 359H s 45 Evidence (1) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement. (2) A summons under section 23(1)(b) of the Ordinance to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession shall be in accordance with Form 5 in Schedule 2. (3) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and may be re-examined by the party calling the witness only upon matters arising out of the cross-examination. (4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination. (5) The Chairman of the Board, and members of the Board through the Chairman of the Board, may put such questions to the parties or to any witness as they may think desirable, and the other parties may then re-examine such party or witness on matters arising out of such questioning. |
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