【法规名称】
【法规编号】 82107 什么是编号？
【正 文】
第8页 CAP 428B CHIROPRACTORS (REGISTRATION AND DISCIPLINARY PROCEDURE) RULES
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[接上页] Cap 428B s 32 Notice of postponement of determination, etc. (1) If a determination under section 31 is postponed to a further meeting, the Secretary shall, not less than 7 days before the date fixed for the further meeting, serve on the respondent a notice specifying the date, time and place fixed for the further meeting and inviting him to appear at that meeting. (2) If there is a complainant in respect of a charge, the Secretary shall, as far as practicable, also send him a copy of the notice served under subsection (1). (3) At the further meeting, the chairman of the Inquiry Committee may invite the Secretary to recall for the Inquiry Committee's information the position in which the case stands, and the Inquiry Committee may hear any of the parties to the inquiry. Cap 428B s 33 Amendments to charge (1) Before the Inquiry Committee determines whether a respondent has committed a disciplinary offence, the Inquiry Committee may amend the charge concerned and the charge, as amended, shall be read and explained to the respondent or his legal representative- (a) who shall be called on by the chairman of the Inquiry Committee to state- (i) whether he objects to the charge as amended; and (ii) whether he admits the charge as so amended; and(b) who shall be entitled to- (i) a reasonable adjournment for preparing his further defence; (ii) recall any witness to give evidence; and (iii) call any other witness to give evidence if he thinks necessary.(2) A person who gives evidence for the respondent under these Rules may be- (a) cross-examined by the Secretary; (b) re-examined by the respondent or his legal representative on matters arising out of the cross-examination. Cap 428B s 34 Postponement of making order (1) If the Inquiry Committee determines that a respondent has committed a disciplinary offence, the Inquiry Committee may, subject to subsection (2) and section 35, determine the order to be made under section 18 of the Ordinance. (2) The Inquiry Committee may, in accordance with section 36, postpone its making of an order under section 18 of the Ordinance to such further meeting as it may determine. Cap 428B s 35 Address in mitigation (1) At the meeting of the Inquiry Committee at which it is to make an order under section 18 of the Ordinance, the Secretary may produce records of any meeting of an Inquiry Committee at which an order was made against the respondent under that section. (2) Before the Inquiry Committee makes an order under section 18 of the Ordinance, the chairman of the Inquiry Committee shall ask the respondent or his legal representative whether the respondent wishes to address the Inquiry Committee, and the respondent may, either himself or through his legal representative- (a) address the Inquiry Committee by way of mitigation; and (b) adduce evidence as to- (i) the circumstances leading to the commission of the disciplinary offence; (ii) his character and antecedents; and (iii) the circumstances leading to the making of a previous order mentioned in subsection (1) against him.(3) The Inquiry Committee may then determine the order to be made under section 18 of the Ordinance and the chairman of the Inquiry Committee 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. Cap 428B s 36 Notice of postponement of making order (1) If a determination of the Inquiry Committee in respect of making an order under section 18 of the Ordinance is postponed to a further meeting, the Secretary shall, not less than 7 days before the date fixed for the further meeting, serve on the respondent a notice specifying the date, time and place fixed for the further meeting and inviting him to appear at that meeting. (2) If there is a complainant in respect of a charge, the Secretary shall, as far as practicable, also send him a copy of the notice served under subsection (1). Cap 428B s 37 Evidence (1) The Inquiry Committee may hear, receive and examine evidence by oral statement on oath or by written deposition or statement and the chairman of the Inquiry Committee may administer such oath. (2) Every witness- (a) shall be examined by the party calling him; (b) may, subject to subsection (5), be cross-examined by any other party to the inquiry; and (c) may be re-examined by the party calling him only on matters arising out of the cross-examination.(3) The Inquiry Committee may refuse to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination. (4) The chairman of the Inquiry Committee or any member of the Inquiry Committee through the chairman may, if the chairman or the member thinks desirable, put questions to any of the parties to the inquiry or to any of their witnesses. |
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