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[接上页] (e) at the conclusion of the case of the applicant, the Board secretary or his legal representative may address the Board in reply, and if such reply is made, the other party may make one and only one address to the Board in reply to such address. Cap 549C 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 the case. (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 549C s 18 Notice of determination (1) When, under section 17(2), the determination of the Board in respect of any matter stands postponed to a future meeting of the Board, the Board secretary shall serve on the applicant a notice specifying the date, time and place decided for the meeting of the Board and inviting him to appear at the meeting. (2) At the adjourned meeting the Board chairman may invite the Board secretary to recall, for the information of the Board, the position of the case at the time the determination was postponed and the Board may hear the other party to the proceedings for this purpose. (3) 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 549C s 19 Evidence (1) The rules of evidence do not apply to the proceedings of an inquiry. (2) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement and the Board chairman may administer an oath for this purpose. (3) Every witness shall be examined by the party calling him and may then be cross-examined by the other party and only upon matters arising out of the cross-examination may be re-examined by the party calling him. (4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination. (5) The Board chairman and any member of the Board at an inquiry may put such questions to the parties or to any witness as he thinks desirable. (6) The Board may at the hearing of an inquiry admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law. Cap 549C s 20 Deliberation of the Board (1) In the taking of the votes of the Board on any matter to be decided by it, the Board chairman shall call upon the members to signify their votes and shall thereupon declare the decision of the Board in respect of such question. (2) Where the decision of the Board so declared by the Board chairman is challenged by any member of the Board, the Board chairman shall call upon each member severally to declare his vote, declare his own vote and announce the number of members of the Board who have voted each way, and the result of the vote. (3) No person other than members of the Board and the legal adviser to the Board may be present when the Board votes on any matter. Cap 549C s 21 Powers of the Board in regard to obtaining of evidence and conduct at proceedings (1) For the purpose of conducting an inquiry under this Part, the Board has the following powers- (a) to hear, receive and examine evidence on oath; (b) to summon any person to attend the inquiry to give evidence or produce any book, document or other thing in his possession and to examine him as a witness or require him to produce any book, document or other thing in his possession; (c) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Board may have been reasonably expended by him for attending the inquiry.(2) Summonses to witnesses shall be in such form as the Board may determine and shall be signed by the Board chairman. (3) A summons to witness may be served personally, by post or by registered post. (4) If it appears to the Board that it is necessary to do so in the interests of the applicant or any witness concerned, it may order that all or any information relating to the inquiry may not be disclosed. Cap 549C s 22 Application for review PART V PROCEDURE FOR REVIEW (1) Any person requesting a review under section 62, 66 or 96 of the Ordinance shall make the request in writing to the Board secretary within 14 days of the receipt of the written notification given under the relevant section of the Ordinance. (2) A request made in accordance with subsection (1) must set out- (a) the result or decision to be reviewed, as the case may be; (b) the grounds for requesting a review; and (c) any written representations that the person wishes the Board to consider at the review.(3) The Board secretary shall, within 14 days of the receipt of the request and the appropriate prescribed fee (where payable), refer the request to the Board. |