【法规名称】
【法规编号】 82199 什么是编号？
【正 文】
第5页 CAP 164A NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS
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[接上页] Cap 164A reg 27 Amendment of notice of inquiry (1) Where before the hearing, or at any stage during the hearing, it appears to the Council that a notice of inquiry is defective in any respect the chairman may give such directions for the amendment of the notice as he may consider necessary to meet the circumstances of the case unless, having regard to the circumstances, he is of the opinion that the amendments required may not be made without resulting in an injustice to the defendant. (2) The secretary, as soon as is practicable after the amendment of any notice of inquiry, shall give notice in writing of such amendment to the defendant and to any complainant unless the amendment is directed verbally by the chairman in the presence of the parties thereto at the hearing of an inquiry by the Council. (L.N. 116 of 1999) Cap 164A reg 28 Record of proceedings PART V PROCEEDINGS AT A HEARING BY THE COUNCIL (L.N. 116 of 1999) (1) A shorthand writer may be appointed by the Council for the purpose of any inquiry. (L.N. 116 of 1999) (2) If a verbatim record of any proceedings has been prepared, the secretary, on application made to him by any party to such proceedings and upon payment to him of a fee of $73 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 128 of 1992) Cap 164A reg 29 Opening of inquiry (1) At the opening of any inquiry the secretary shall read the notice of inquiry to all persons being present at the inquiry. (2) If the defendant is not present or represented at the opening of the inquiry, the secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served upon the defendant in accordance with the provisions of paragraph (4) of regulation 21 and, on being satisfied that the notice was served, the Council may proceed with the inquiry in the absence of the defendant. (3) If the defendant is present at the inquiry, the chairman, immediately after the charge has been read, shall inform him that he may cross-examine witnesses, give evidence and call witnesses on his own behalf and address the Council subject to the provisions of regulations 30 and 31. (L.N. 116 of 1999) Cap 164A reg 30 Objections on point of law (1) After the reading of the notice of inquiry, the defendant, or his representative, may object to any charge on a point of law and, upon such objection, any other party to the proceedings may reply thereto and, if any such party replies to such objection, the defendant, or his representative, shall be permitted to answer such reply. (2) If such objection is upheld by the Council the charge to which such objection relates shall be considered only subject to such objection. (L.N. 116 of 1999) Cap 164A reg 31 Order of procedure The following order of procedure shall be observed- (a) the complainant, or his representative, or in their absence, or if there be no complainant, the secretary, shall present the case against the defendant and adduce the evidence in support thereof and shall close the case against the defendant: Provided that on the application of the chairman, the Secretary for Justice may appoint a legal officer within the meaning of the Legal Officers Ordinance (Cap 87), other than the legal adviser, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his representative; (5 of 1988 s. 6; L.N. 362 of 1997)(b) at the conclusion of the presentation of the case against the defendant, the defendant or his representative may make either or both of the following submissions in relation to any charge- (i) that no or insufficient evidence has been adduced upon which the Council can find that the facts alleged in that charge have been proved; (ii) that the facts alleged in the charge are not such as to constitute the offence charged;(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative or, in their absence, by the secretary; and the defendant may make answer to such reply; (d) where a submission is made under paragraph (b), the Council shall consider and determine whether the submission shall be upheld and- (i) the chairman shall announce the determination of the Council, and (ii) if the Council upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty of that charge, and (iii) if the Council rejects the submission the chairman shall call upon the defendant to state his case;(e) the defendant, or his representative, may then adduce evidence in support of his case and may address the Council: Provided that, except with the leave of the Council, only one address may be made under this paragraph, and where evidence has been adduced by or on behalf of the defendant such address may be made either before or after such evidence has been adduced;(f) at the conclusion of the case for the defendant, the complainant or his representative or, in their absence, the secretary, may address the Council in reply but only if evidence by or on behalf of the defendant, other than the defendant's own evidence, has been adduced; or with the leave of the Council. |
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