【法规名称】
【法规编号】 81881 什么是编号？
【正 文】
第3页 CAP 549C CHINESE MEDICINE PRACTITIONERS (REGISTRATION) REGULATION
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[接上页] (2) If any document mentioned in subsection (1) has not been furnished in accordance with that subsection, the Board may adjourn the inquiry. Cap 549C s 11 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 the alleged conviction or finding alleged to be in the possession of that 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 549C s 12 Adjournment of inquiry (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 applicant. Cap 549C s 13 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 of any part of it as requested. Cap 549C s 14 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 applicant is neither present nor represented by a 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 applicant and, on the Board being satisfied as to such evidence, the inquiry may be proceeded with to its conclusion notwithstanding the absence of the applicant. (3) If the applicant is present at the inquiry, the Board chairman 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. (4) After an inquiry has been opened under this section, it may be proceeded with to its conclusion notwithstanding the absence of the applicant. (5) At an inquiry- (a) the Board secretary may be represented by a solicitor or counsel who holds a current practising certificate or a legal officer within the meaning of the Legal Officers Ordinance (Cap 87); and (b) the applicant may be represented by a solicitor or counsel who holds a current practising certificate,and such person is referred to as "legal representative" in this Part. Cap 549C s 15 Objections on point of law (1) After the reading of the notice of inquiry, the applicant or his legal representative may object to any contents of the notice of inquiry on a point of law, and upon such objection the other party may reply to the objection and the applicant or his legal representative may answer the reply. (2) If the Board upholds the objection, it shall consider the notice of inquiry only as it is modified by the objection so upheld. Cap 549C s 16 Order of procedures Subject to sections 14 and 15, the following order of procedures must be observed at an inquiry- (a) the Board secretary or his legal representative shall present his case against the applicant and adduce evidence in support of it and shall close his case against the applicant; (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 matter in respect of which evidence has been adduced that- (i) the evidence adduced is not sufficient for the Board to find that the conviction or finding alleged in the notice of inquiry has been proved; (ii) the conviction or finding as alleged is not one that should render the applicant unsuitable for registration as applied, and where any 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 conviction or finding alleged in the notice of inquiry, the Board shall record a finding that it is not satisfied that there was such conviction or finding or that the conviction or finding is not one that should render the applicant unsuitable for registration as applied 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 applicant to state his case;(d) the applicant or his legal representative may then adduce evidence in support of the case of the applicant and may make one and only one address to the Board, and where evidence has been adduced by or on behalf of the applicant the address may be made either before or after the evidence has been adduced; |
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