【法规名称】
【法规编号】 81879 什么是编号？
【正 文】
第4页 CAP 549D CHINESE MEDICINE PRACTITIONERS (DISCIPLINE) REGULATION
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[接上页] and where such submission is made, the Board secretary or his legal representative may make a reply to it, and the other party may answer such reply;(c) if a submission is made under paragraph (b), the Board shall consider and determine whether the submission shall be upheld, if the Board- (i) upholds the submission in respect of any charge, the Board shall record a finding that the charge is not proved and the Board chairman shall announce the determination of the Board; or (ii) rejects the submission, the Board chairman shall announce the determination of the Board and shall call upon the defendant to state his case;(d) the defendant or his legal representative may then adduce evidence in support of the defendant's case and may make one and only one address to the Board, and where evidence has been adduced by or on behalf of the defendant the address may be made either before or after the evidence has been adduced; (e) at the conclusion of the defendant's case, the Board secretary or his legal representative may address the Board in reply, and if the Board secretary or his legal representative makes such reply, the other party may make one and only one address to the Board in reply to such address.(2) At the request of the complainant or his legal representative, the Board may permit the complainant or his legal representative to present the case against the defendant if the Board thinks it appropriate in the circumstances of the case and in that event, a reference to the Board secretary in subsection (1) is to be read as a reference to the complainant. Cap 549D s 17 Postponement of determination (1) At the conclusion of the proceedings held in accordance with section 16, the Board shall consider and decide whether to postpone determination on any charge. (2) If the Board decides to postpone its determination, the determination of the Board shall stand postponed until such future meeting of the Board as the Board may decide, and the Board chairman shall announce the decision of the Board in such terms as the Board may approve. (3) If the Board decides not to postpone determination, the Board chairman shall announce the determination of the Board in such terms as the Board may approve. Cap 549D s 18 Notice of determination (1) When, under section 17(2), the determination of the Board in respect of a charge stands postponed to a future meeting of the Board, the Board secretary shall serve on the defendant a notice specifying the date, time and place decided for the meeting of the Board and inviting him to appear at the meeting. (2) The Board secretary shall send the complainant a copy of the notice served under subsection (1). (3) At the adjourned meeting the Board chairman may invite the Board secretary to recall, for the information of the Board, the position in which the determination in respect of any charge was postponed and the Board may hear the other party to the proceedings for this purpose. (4) The Board shall then consider and make its determination and the Board chairman shall announce the determination of the Board in such terms as the Board may approve. Cap 549D s 19 Postponement of making a disciplinary order (1) After the announcement of the determination of the Board in respect of the charge, if the determination is that any of the charges is proved, the Board shall consider and decide whether or not to postpone consideration of making any order under section 98(3) of the Ordinance. (2) If the Board decides to postpone the consideration under subsection (1), the consideration shall stand postponed until such future meeting of the Board as the Board may decide, and the Board chairman shall announce the decision of the Board in such terms as the Board may approve. Cap 549D s 20 Address before making a disciplinary order (1) At any meeting of the Board at which the Board is deciding whether to make any order under section 98 of the Ordinance in respect of a defendant, the Board secretary or other person presenting the case to the Board may produce to the Board the records of any previous meeting of the Board at which an order was made against the defendant under section 98 of the Ordinance. (2) Before the Board decides what order, if any, should be made, the Board chairman shall ask the defendant whether he wishes to address the Board, and the defendant or his legal representative may address the Board on the question of whether the Board should make an order under section 98 of the Ordinance, and if so, what order should be made; and he may adduce evidence as to the circumstances leading to the charge, as to the character and antecedents of the defendant and as to the circumstances leading to any previous order produced to the Board under subsection (1). (3) The Board shall then consider and decide what order, if any, should be made and the Board chairman shall announce the decision of the Board in such terms as the Board may approve. Cap 549D s 21 Notice of postponement of disciplinary order |
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