【法规名称】
【法规编号】 44038 什么是编号？
【正 文】
第4页 CAP 359B OCCUPATIONAL THERAPISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS
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[接上页] (2) A notice of inquiry shall- (a) in a case where the complaint is that the respondent has been guilty of misconduct, state in the form of a charge, which shall be formulated by the Secretary, the matters into which inquiry is to be held; (b) in any other case, state the allegation contained in the complaint; and (c) specify the date, time and place at which the inquiry is proposed to be held.(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 registered address or at his address last known to the Secretary if different. (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 1990) Cap 359B reg 24 Adjournment of inquiry (1) The Chairman of the Board may, at any time, 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 1990) Cap 359B reg 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 said inquiry. (Enacted 1990) Cap 359B reg 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 1990) Cap 359B reg 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 1990) Cap 359B reg 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 1990) Cap 359B reg 29 Interpretation PART IV PROCEEDINGS AT HEARING OF 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 regulation 31. (L.N. 87 of 2004) (Enacted 1990) Cap 359B reg 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 1990) Cap 359B reg 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 or represented by counsel or solicitor. (Enacted 1990. L.N. 362 of 1997; L.N. 87 of 2004) Cap 359B reg 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 counsel or a 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 regulation 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, 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 1990) Cap 359B reg 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. |
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