【法规名称】
【法规编号】 82113 什么是编号？
【正 文】
第6页 CAP 418 PLANNERS REGISTRATION ORDINANCE
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[接上页] (3) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the inquiry committee, may tend to incriminate him. (4) A witness shall, in respect of any evidence given by him before the inquiry committee, by entitled to the same privileges to which he would be entitled if he were giving evidence in court. (Enacted 1991) Cap 418 s 25 Review of disciplinary orders (1) When an inquiry committed completes its hearing in respect of a disciplinary offence and makes a finding that a disciplinary offence has been committed, the Registrar shall forthwith forward the inquiry committee's decision and details of any order proposed to be made by the inquiry committee under section 23 to the Board for review. (2) The Board shall appoint 3 of its members to sit with the Chairman as a review committee to review the decision of the inquiry committee. (3) The Board shall not appoint a member of the inquiry committee to be a member of the review committee. (4) The review committee may- (a) confirm the decision and any proposed order of the inquiry committee; (b) reverse a finding of guilt of the inquiry committee; (c) recommend that any proposed order made by the inquiry committee be varied; or (d) remit the decision or any proposed order of the inquiry committee to the inquiry committee with directions to reconsider the decision or proposed order or both.(5) The inquiry committee shall comply with the directions and recommendation, if any, of the review committee. (Enacted 1991) Cap 418 s 26 Service of orders of inquiry committee (1) The Registrar shall serve a copy of any order made under section 23(1), together with a copy of the inquiry committee's reasons, or serve notice that the inquiry committee has not found that the registered professional planner concerned committed a disciplinary offence, upon the registered professional planner who was the subject of the complaint, either personally or by registered post addressed to his registered address immediately when the Registrar receives- (Amended 33 of 1997 s. 25) (a) the report of the review committee, unless the inquiry committee is to reconsider its decision; or (b) any order of the inquiry committee reviewed under section 25(4)(d).(2) The Registrar shall not remove the name of the registered professional planner from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1), and in the event of an appeal under section 28 or until the time therefor has expired shall await the decision of the Court of Appeal. (3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application. (4) If the Board allows the application under subsection (3), it shall order the Registrar to restore the name of the applicant to the register on payment by the applicant of the prescribed fee. (Enacted 1991) Cap 418 s 27 Publication of disciplinary orders (1) After the expiry of the time within which an appeal under section 28 against an order of an inquiry committee under section 23(1)(a) to (e) may be made, or where in the case of an appeal the order is affirmed or varied or the appeal is abandoned, the Board- (Amended 33 of 1997 s. 26) (a) shall publish a copy of the order or the order as varied on appeal in at least one English and one Chinese language newspaper circulating daily in Hong Kong; and (b) may publish the order or the order as varied on appeal in any other publication or manner as the Board thinks fit.(2) Where an order is published under subsection (1), the Board- (a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (b) may publish with such order an account of the proceedings of the inquiry committee.(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section. (Enacted 1991) Cap 418 s 28 Appeal to Court of Appeal Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART V APPEALS (1) Any person who is aggrieved by any decision or order made in respect of him under section 14(1), 15(5) or 23(1) may appeal to the Court of Appeal. (Amended 33 of 1997 s. 27) (2) The Court of Appeal may affirm, reverse or vary the decision appealed against. (3) Where a person appeals against a decision of an inquiry committee, the Court of Appeal shall consider the reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the inquiry committee. |
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