【法规名称】
【法规编号】 44030 什么是编号？
【正 文】
第4页 CAP 359F OPTOMETRISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (2) Notice of any such adjournment shall be given to the respondent and to any complainant. (Enacted 1994) Cap 359F s 25 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 1994) Cap 359F s 26 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 1994) Cap 359F s 27 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 1994) Cap 359F s 28 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 he may consider 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. (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 1994) Cap 359F s 29 Interpretation 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 31. (L.N. 88 of 2004) (Enacted 1994) Cap 359F s 30 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 1994) Cap 359F s 31 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 1994. L.N. 362 of 1997; L.N. 88 of 2004) Cap 359F s 32 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 23(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 shall, immediately after the notice of inquiry has been read, inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. (Enacted 1994) Cap 359F s 33 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 1994) Cap 359F s 34 Order of procedure before Board (1) After the reading of the notice of inquiry the order of procedure specified 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, 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- |
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