【法规名称】
【法规编号】 82107 什么是编号？
【正 文】
第7页 CAP 428B CHIROPRACTORS (REGISTRATION AND DISCIPLINARY PROCEDURE) RULES
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[接上页] Cap 428B s 28 Objection on point of law (1) Where the respondent objects to a charge on a point of law under section 27(1)(a), the Secretary may reply to the objection. (2) If the Secretary replies to the objection mentioned in subsection (1), the respondent may answer the reply. (3) If the Inquiry Committee upholds the objection mentioned in subsection (1), the charge to which the objection relates shall be considered subject to the objection. Cap 428B s 29 Procedure at inquiry (1) At an inquiry held by the Inquiry Committee, the Secretary shall, subject to section 30, present the case against the respondent, adduce evidence in support of the case and then close the case against the respondent. (2) At the closing of the case against the respondent, the chairman of the Inquiry Committee shall ask the respondent whether he or his legal representative wishes to make either or both of the following submissions in relation to a charge in respect of which evidence has been adduced- (a) that sufficient evidence has not been adduced by the Secretary upon which the Inquiry Committee can find that the truth of the facts as alleged in the charge has been proved; (b) that the facts as alleged in the charge are not such as to support a finding that the respondent has committed a disciplinary offence.(3) If a submission is made under subsection (2), the Secretary may reply to the submission, and the respondent may, either himself or through his legal representative, answer the reply. (4) The Inquiry Committee shall then determine whether the submission made under subsection (2) shall be upheld and the chairman of the Inquiry Committee shall announce the determination. (5) If the Inquiry Committee- (a) upholds the submission made by the respondent or his legal representative in respect of a charge, the finding shall be recorded that the respondent has not committed the disciplinary offence; or (b) rejects the submission made by the respondent or his legal representative, the chairman of the Inquiry Committee shall call on the respondent or his legal representative to state the respondent's case.(6) When called on to state the respondent's case, the respondent may, either himself or through his legal representative- (a) adduce evidence in support of his case; and (b) address the Inquiry Committee once, either before or after adducing such evidence.(7) At the conclusion of the case of the respondent, the Secretary may address the Inquiry Committee in reply if evidence other than the respondent's own evidence has been adduced on behalf of the respondent or leave to address the Inquiry Committee has been obtained from the Inquiry Committee. Cap 428B s 30 Complainant to present case against respondent (1) At the written request of a complainant made not later than 21 days before the date of the inquiry, the chairman of the Inquiry Committee may, subject to subsection (2), permit the complainant to- (a) present the case against the respondent; and (b) call evidence to support the case,and in such case, a reference to the Secretary in sections 29 and 33 shall be read as a reference to the complainant. (2) The legal representative of a complainant may not present a case against a respondent who is not legally represented. This subsection shall not be construed so as to compel a respondent to obtain legal representation in order that the legal representative of a complainant may present a case against him. (3) Where the complainant is permitted to present the case and call evidence under subsection (1), the complainant and the respondent shall be so informed by the Inquiry Committee by notice in writing not less than 10 days before the date of the inquiry. The complainant becomes a party to the inquiry accordingly. Cap 428B s 31 Determination of Inquiry Committee (1) Upon the respondent's admission of charge under section 27 or at the conclusion of the proceedings under section 29, the Inquiry Committee shall, subject to subsection (2), determine- (a) whether the truth of the facts as so presented have been proven to its satisfaction; and (b) whether the respondent has committed the disciplinary offence.(2) The Inquiry Committee may postpone its determination to such further meeting as it may determine. (3) If the Inquiry Committee has made a determination, its chairman shall, at a meeting of the Inquiry Committee, deliver the determination in such terms as the Inquiry Committee may approve, and the determination, if delivered verbally, shall be reduced into writing within 21 days after the verbal delivery, and the determination so reduced into writing shall be signed by the chairman of the Inquiry Committee. (4) The Inquiry Committee shall, subject to subsection (5), provide an adequate statement of the reasons for the determination. (5) The reasons mentioned in subsection (4) shall be provided at the same time when the determination is delivered in accordance with subsection (3), and if provided verbally, the reasons shall be reduced into writing within 21 days after the verbal provision of the reasons, and the reasons so reduced into writing shall be signed by the chairman of the Inquiry Committee. |
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