【法规名称】
【法规编号】 82199 什么是编号？
【正 文】
第6页 CAP 164A NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS
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[接上页] (L.N. 116 of 1999) Cap 164A reg 32 Postponement of judgment (1) At the conclusion of the proceedings the Council shall consider and determine whether to postpone judgment. (2) If the Council decides to postpone judgment, the judgment of the Council shall stand postponed until such future meeting of the Council as the Council may determine, and the chairman shall announce the decision of the Council in such terms as the Council may approve. (3) If the Council decides not to postpone judgment, the Council shall consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction and whether the defendant is guilty of the matter charged. (4) When the Council has come to its decision under paragraph (3), the chairman shall announce the decision of the Council in such terms as the Council may approve. (L.N. 116 of 1999) Cap 164A reg 33 Notice of determination of judgment (1) Where, under the provisions of paragraph (2) of regulation 32, the judgment of the Council in respect of any charge stands postponed to a future meeting of the Council, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting. (2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant. (3) The Council shall consider and determine its judgment and the chairman shall announce the decision of the Council in such terms as the Council may approve. (L.N. 116 of 1999) Cap 164A reg 34 Postponement of sentence (1) After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the matter charged, the Council shall consider and determine whether or not to postpone sentence upon the defendant. (2) If the Council decides to postpone sentence, the sentence of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the chairman shall announce the decision of the Council in such terms as the Council may approve. (L.N. 116 of 1999) Cap 164A reg 35 Matters in mitigation of sentence (1) At any meeting of the Council at which sentence on a defendant is to be decided, before the Council shall decide such sentence- (a) the secretary or other person presenting the case to the Council may produce to the Council the records of any meeting of the Council at which an order was made against the defendant pursuant to section 17 of the Ordinance; and (b) the chairman shall ask the defendant whether he wishes to address the Council in respect of such order. (L.N. 34 of 1970)(2) At any such meeting of the Council the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to circumstances leading to the commission of offence and to any previous offences and as to the character and antecedents of the defendant. (L.N. 34 of 1970) (3) The Council shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Council in such terms as the Council may approve. (4) If the defendant fails to attend, personally or by his representative, the announcement of the decision of the Council, the secretary, in the manner prescribed in paragraph (4) of regulation 21 shall, within seven days after the announcement of the decision, serve upon the defendant a notice setting out the terms of such decision. (L.N. 116 of 1999) Cap 164A reg 36 Notice of postponement of sentence (1) Where, in accordance with the provisions of regulation 34, the sentence of the Council in respect of any charge stands postponed to a future meeting of the Council, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting. (L.N. 116 of 1999) (2) If there is a complainant in respect of the charge in question, a copy of the notice shall be sent to such complainant. Cap 164A reg 37 Evidence (1) Evidence may be taken by the Council by oral statement on oath or by written deposition or statement. (2) A summons to any person requiring him to attend an inquiry to give evidence or to produce any document or other thing in his possession or control in accordance with the provisions of section 18 of the Ordinance may be in accordance with Form 3 in the Third Schedule. (3) Every witness may be examined by the party calling him and may then be cross-examined by the other party and thereafter be re-examined upon matters arising out of such cross-examination by the party calling the witness. (4) The Council may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination. |
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