【法规名称】
【法规编号】 82107 什么是编号？
【正 文】
第6页 CAP 428B CHIROPRACTORS (REGISTRATION AND DISCIPLINARY PROCEDURE) RULES
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[接上页] (2) If a document has not been sent in accordance with subsection (1), the chairman of the Inquiry Committee may adjourn the inquiry. Cap 428B s 21 Order to produce any material, record or document (1) On application by a party to an inquiry and at any time before the date of the inquiry, the chairman of the Inquiry Committee may order any other party to the inquiry to produce any material, record or document that is in the possession of the other party and relevant to the charge. (2) If a party fails to produce any material, record or document in accordance with subsection (1), the party who applied for the production may adduce evidence of the content of the material, record or document by any alternative method. Cap 428B s 22 Inquiry in public or in camera PART 6 INQUIRY (1) Subject to subsection (2) and to the power of the Inquiry Committee under section 19(1)(c) and (d) of the Ordinance to admit or exclude the public or any member of the public from the inquiry or to admit or exclude the media from the inquiry, an inquiry shall be open to the public. (2) The Inquiry Committee may at its discretion determine that an inquiry shall be held wholly or partly in camera. Cap 428B s 23 Adjournment of inquiry (1) The chairman of the Inquiry Committee may at any time adjourn an inquiry to such date as he thinks fit. (2) The Secretary shall send to the respondent and, as far as practicable, the complainant a notice in writing of the adjournment under subsection (1). Cap 428B s 24 Representation (1) A party to an inquiry may be represented by a legal representative. (2) The Secretary for Justice may, on the application of the Secretary, appoint- (a) a legal officer within the meaning of the Legal Officers Ordinance (Cap 87); (b) a counsel; or (c) a solicitor,to carry out the duties of the Secretary in respect of an inquiry. Cap 428B s 25 Record of proceedings (1) The Inquiry Committee may- (a) appoint a person to prepare a verbatim record of the proceedings of an inquiry; or (b) cause the proceedings to be recorded on tape and may arrange for the transcription of the tape recording into a verbatim record in writing.(2) If a verbatim record of the proceedings or a part of the proceedings has been prepared, the chairman of the Inquiry Committee shall, on application to him by a party to the inquiry and on the payment of the prescribed fee, provide the party with a copy of the verbatim record or that part of the record that is required by the party. Cap 428B s 26 Opening of inquiry (1) At the opening of an inquiry, the Secretary shall read the notice of a referral in respect of the inquiry or, if the notice is amended, the notice of a referral as amended to the Inquiry Committee. (2) If the respondent is not present and is not represented at the opening of the inquiry, the Secretary shall furnish to the Inquiry Committee such evidence as the Inquiry Committee may require to prove that section 17(5) of the Ordinance and, where applicable, section 23(2) has been complied with, and on being satisfied as to such evidence, the Inquiry Committee may proceed with the inquiry in the absence of the respondent and his legal representative. (3) If the respondent or his legal representative is present at the opening of the inquiry, the chairman of the Inquiry Committee shall, immediately after the reading of the notice of a referral under subsection (1), inform the respondent or his legal representative of the respondent's right to cross-examine any witness for any other party to the inquiry, to give evidence and to call his own witness. (4) After an inquiry has been opened under this section, it may be proceeded with to its conclusion notwithstanding the absence of the respondent and his legal representative. Cap 428B s 27 Admission of charge (1) After the Secretary has read the notice of a referral under section 26(1), the chairman of the Inquiry Committee shall ask the respondent to state, either himself or through his legal representative, in respect of each charge- (a) whether he objects to the charge on a point of law; and (b) whether he admits the charge,and the statement shall be recorded. (2) If the respondent, either himself or through his legal representative, does not admit the charge, the procedures specified in section 29 shall apply. (3) If the respondent, either himself or through his legal representative, admits the charge, the Secretary shall present to the Inquiry Committee a statement of the facts of the charge, and the respondent or his legal representative shall then state whether the respondent accepts the facts as so presented. (4) If the respondent does not accept any of the facts as so presented, the parties to the inquiry may call evidence. (5) The Inquiry Committee shall consider the facts as so presented and (as the case may be) the evidence so called and make determination under section 31. (6) If the respondent is not present and is not represented at the inquiry, and no statement is made under subsection (1), the respondent shall not be regarded as having admitted the charge and a statement to that effect shall be recorded in respect of each charge. |
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