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[接上页] (5) Where the Inquiry Committee has put questions to a witness of a party to an inquiry, any of the parties to the inquiry may examine the witness on matters arising out of the questioning. Cap 428B s 38 Voting (1) In the taking of votes of the Inquiry Committee on any question to be determined by it, the chairman of the Inquiry Committee shall call on its members to signify their votes and shall then announce the determination of the Inquiry Committee in respect of such question. (2) Where a determination of the Inquiry Committee so announced is challenged by any of its members, the chairman of the Inquiry Committee shall call on each member to declare his vote, and the chairman shall then announce- (a) his own vote; (b) the number of members who have voted- (i) for the matter in issue; (ii) against the matter in issue; and(c) the result of the voting.(3) Where, on any question to be determined by the Inquiry Committee, the number of votes mentioned in subsection (2)(b)(i) and (ii) are equal, the question shall be deemed to have been decided in favour of the respondent. (4) No person other than a member of the Inquiry Committee and the Legal Adviser shall be present when the Inquiry Committee votes on any matter. Cap 428B s 39 Duties of Legal Adviser in relation to inquiry by Inquiry Committee PART 7 DUTIES OF LEGAL ADVISER The Legal Adviser shall be present at every inquiry in accordance with section 17(4) of the Ordinance and an inquiry shall not proceed in the absence of the Legal Adviser. Cap 428B s 40 Advice by Legal Adviser (1) Where during the hearing of an inquiry under section 17 of the Ordinance, the Legal Adviser advises the Inquiry Committee on any question of law as to evidence, procedure or any other matter in respect of the inquiry, the Legal Adviser shall, as far as practicable, do so in the presence of the parties to the inquiry or their legal representatives. Where it is impracticable to do so, the chairman of the Inquiry Committee shall cause the parties to the inquiry or their legal representatives to be informed of the advice. (2) If an advice of the Legal Adviser is tendered after the Inquiry Committee has commenced to deliberate as to its findings, the chairman of the Inquiry Committee shall cause the parties to the inquiry or their legal representatives to be informed of the advice. (3) In the case of the Inquiry Committee not accepting the Legal Adviser's advice mentioned in subsection (1) or (2), the chairman of the Inquiry Committee shall cause all parties to the inquiry or their legal representatives to be informed of this fact. Cap 428B s 41 Service of documents, etc. PART 8 MISCELLANEOUS (1) For the purposes of these Rules- (a) a notice, notification or any other communication or document required under section 7(2), (3) or (4), 10(4) or (5), 11(a), 14(3), 16(2)(b) or (5), 18, 19(2), 20(1), 23(2), 30(3), 32(1) or (2) or 36 to be made, given or sent to, or served on a person may be so made, given, sent or served by delivering it to that person by hand or by leaving it at, or by sending it by prepaid registered post or by prepaid post addressed to that person's address last known to the Secretary; (b) a notice, notification or any other communication or document referred to in paragraph (a) which is effected by post shall, unless the context otherwise requires, be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post.(2) In all other circumstances, except the sending of a notice of a referral in accordance with section 17(2) of the Ordinance and section 16(2)(a), a notice, notification or any other communication or document required under these Rules may be sent by post. (3) For the purposes of these Rules, service of a notice, notification or any other communication or document on a person may be proved by means of a sworn statement made by the Secretary or any person responsible for effecting the service. |