【法规名称】
【法规编号】 81879 什么是编号？
【正 文】
第3页 CAP 549D CHINESE MEDICINE PRACTITIONERS (DISCIPLINE) REGULATION
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[接上页] Cap 549D s 9 Documents to be available to other party (1) A party to an inquiry shall furnish to the other party, not less than 10 days before the date of an inquiry or such lesser period as both parties may agree, copies of all documents upon which he intends to rely on at the hearing of the inquiry. (2) If any document mentioned in subsection (1) has not been furnished in accordance with that subsection, the Board may adjourn the inquiry. Cap 549D s 10 Notice to produce The Board chairman may at any time before the hearing of an inquiry, upon application by either party to the inquiry, order the other party to produce any material, record (in whatever form) or document which is relevant to any charge and alleged to be in the possession of that other party and, on failure to produce the material, record or document, the party who applied for the production may, with the permission of the Board chairman, prove it or the content of it by any alternative method. Cap 549D s 11 Adjournment of inquiry PART III PROCEEDINGS FOR A DISCIPLINARY INQUIRY BY THE BOARD (1) The Board chairman may adjourn an inquiry to such date as he thinks fit. (2) The Board secretary shall, when he is so directed by the Board chairman, give notice of an adjournment to the defendant and the complainant as directed. Cap 549D s 12 Record of proceedings (1) The Board may direct the Board secretary to cause the proceedings to be recorded on tape or electronically and may arrange for the transcription of the tape recording or electronic record into a verbatim record in writing. (2) If a verbatim record of the proceedings or any part of it has been prepared, the Board chairman shall, on application to him by any party to the proceedings who has paid the appropriate prescribed fee, furnish the party with a copy of the record or any part of it as requested. Cap 549D s 13 Opening of inquiry (1) At the opening of an inquiry, the Board secretary shall read the notice of inquiry to the Board. (2) If the defendant is neither present nor represented by his legal representative at the opening of the inquiry, the Board secretary shall furnish to the Board such evidence as the Board may require to prove that the notice of inquiry was served on the defendant and, on the Board being satisfied as to such evidence, the inquiry may be proceeded with to its conclusion notwithstanding the absence of the defendant. (3) If the defendant is present at the inquiry, the Board chairman shall, immediately after the notice has been read, inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. (4) After an inquiry has been opened under this section, it may be proceeded with to its conclusion notwithstanding the absence of the defendant. Cap 549D s 14 Objections on point of law (1) After the reading of the notice of inquiry, the defendant or his legal representative may object to any charge on a point of law, and upon such objection the other party may reply to the objection, and the defendant or his legal representative may answer the reply. (2) If the Board upholds the objection, it shall consider the charge only as it is modified by the objection so upheld. Cap 549D s 15 Defendant may admit any charge (1) After the opening of an inquiry under section 13 and objections on point of law under section 14 (if any), the defendant or his legal representative may admit any charge in the notice of inquiry. (2) If the defendant or his legal representative admits any charge, the Board secretary shall read out to the Board such facts in support of the charge as agreed by the other party. (3) If the Board secretary and the defendant or his legal representative fail to agree on the facts under subsection (2) or the Board considers that the agreed facts do not support the charge, the Board shall proceed to conduct the inquiry as provided in section 16. (4) If the Board accepts the agreed facts and the defendant's admission to the charge, it may proceed to decide whether or not to postpone its determination under section 17; and where the Board decides not to postpone determination, the Board chairman shall announce the determination of the Board in the manner set out in section 17(3). Cap 549D s 16 Order of procedures (1) Subject to subsection (2) and sections 13, 14 and 15, the following order of proceedings must be observed at an inquiry- (a) the Board secretary or his legal representative shall present his case against the defendant and adduce evidence in support of it and shall close his case against the defendant; (b) after the case of the Board secretary has been closed, the other party may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced- (i) that the evidence adduced is not sufficient for the Board to find that the facts alleged in that charge have been proved; (ii) that the facts alleged in the charge are not such as to constitute the charge, |
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