【法规名称】
【法规编号】 82113 什么是编号？
【正 文】
第5页 CAP 418 PLANNERS REGISTRATION ORDINANCE
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[接上页] (3) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless the registered professional planner in respect of whom the complaint is made is given 28 days' notice of the complaint and the date, time and place of the hearing. (4) The registered professional planner referred to in subsection (3) shall be entitled to attend and hear all evidence produced at the hearing and shall be provided with a copy of this Ordinance and any rules made under this section. (5) The Board may make rules for the rehearing of an inquiry by an inquiry committee. (6) Where a registered professional planner is alleged to have committed a disciplinary offence under section 20(1)(b) or (f), the inquiry committee- (a) shall not be required to inquire whether the registered professional planner was properly convicted of the alleged offence; and (b) may consider any record of the case in which a conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence.(7) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any code of professional conduct or practice promulgated by the Board or currently in use by the Institute. (Enacted 1991) Cap 418 s 22 Legal adviser The Board may appoint a legal practitioner admitted under section 3, 27 or 27A of the Legal Practitioners Ordinance (Cap 159) who holds a valid current practising certificate to advise an inquiry committee and a review committee on any points of law and procedure that arise before, during or after the inquiry. (Enacted 1991) Cap 418 s 23 Disciplinary orders of inquiry committee and costs Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) Where an inquiry committee finds that a registered professional planner committed a disciplinary offence, on confirmation by a review committee of the finding, or on the variation of the finding or any proposed order based on the recommendation of the review committee, the inquiry committee may make any one or more of the following orders- (Amended 33 of 1997 s. 24) (a) order the Registrar to remove the name of the registered professional planner from the register; (b) order the Registrar to remove the name of the registered professional planner from the register for such period as the inquiry committee may think fit; (c) reprimand the registered professional planner in writing and order the Registrar to record the reprimand on the register; (d) order that an order made under this section be suspended, subject to such conditions as the inquiry committee may think fit, for a period not exceeding 2 years; (e) order that the Board shall not accept an application from the registered professional planner for registration as a registered professional planner either for a fixed period or until the registered professional planner satisfies the Board that he should be registered; (f) order that the Chairman admonish the registered professional planner orally; (Amended 33 of 1997 s. 24) (g) order the registered professional planner to pay all or part of the costs of any of the Registrar, the Board or the inquiry committee arising from the case if, but only if, the inquiry committee is satisfied that in all the circumstances of the case it would be unjust and inequitable not to do so. (Added 33 of 1997 s. 24)(2) Costs payable by virtue of an order under subsection (1)(g) shall be recoverable as a civil debt. (Added 33 of 1997 s. 24) (3) The inquiry committee may- (a) assess the amount of any costs to be payable by virtue of an order under subsection (1)(g); or (b) order that those costs be taxed on the basis of any one of the scale of costs specified in the First Schedule to the District Court Civil Procedure (Costs) Rules (Cap 336 sub. leg.),and the Schedules to Order 62 of the Rules of the High Court (Cap 4 sub. leg.) shall, with all necessary modifications, apply to the taxation and recovery of costs. (Added 33 of 1997 s. 24. Amended 57 of 1999 s. 3) (4) For the purposes of this Ordinance (including sections 25 and 28), any assessment or order under subsection (3) shall be deemed to be part of the order under subsection (1)(g) to which it relates. (Added 33 of 1997 s. 24) (Enacted 1991) Cap 418 s 24 Powers in regard to obtaining of evidence and conduct at inquiry (1) An inquiry committed shall have power- (a) to hear, receive and examine evidence on oath; (b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions; (c) to admit or exclude the public or any member of the public from the inquiry; (d) to admit or exclude the press from the inquiry; (e) to award any person summoned to attend the inquiry as a witness such sum, to be paid from the funds of the Board, as in the opinion of the inquiry committee has been reasonably expended by him in connection with his attendance.(2) The Registrar shall sign summonses to witnesses. |
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