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[接上页] Cap 162C s 17 Determination of Committee that no inquiry be held If the Committee determines that no inquiry is to be held in respect of a case, the secretary shall inform the respondent and, in so far as it is practicable, the complainant, of the Committee's determination, including the reasons for the determination. Cap 162C s 18 Determination of Committee that inquiry be held (1) If the Committee determines that an inquiry shall be held, the Committee shall refer the case to the Council, and the chairman of the Committee shall notify the chairman of the Council of the matters into which inquiry shall be made. (2) If a case is referred to the Council in accordance with subsection (1), the chairman shall- (a) fix a date on which an inquiry into the case is to be held; and (b) direct the secretary to serve on the respondent a notice of inquiry in such form as the Council may determine and a copy of this Regulation, and the secretary shall do so within 30 days of the Committee's determination on holding an inquiry.(3) Unless the chairman receives a written consent from the respondent consenting to the holding of the inquiry at an earlier date, the chairman shall fix, for holding the inquiry, a date not earlier than 30 days after the date of service of the notice of inquiry. (4) A notice of inquiry referred to in subsection (2)(b)- (a) shall specify in the form of a charge the matter into which inquiry is to be made; and (b) shall state the date, time and place at which the inquiry is to be held.(5) Within 30 days of the Committee's determination on holding an inquiry, the secretary shall, in so far as it is practicable, serve on the complainant a copy of the notice of inquiry. Cap 162C s 19 Adjournment of inquiry (1) Subject to subsection (2), the chairman may adjourn an inquiry to such date as the chairman thinks fit. (2) If the chairman decides to adjourn an inquiry to a further date, the chairman shall- (a) serve on the respondent a notice of adjournment; and (b) in so far as it is practicable, serve on the complainant a copy of such notice,at least 14 days before the date to which the chairman has adjourned the inquiry. Cap 162C s 20 Reference of case back to Committee (1) If, after a complaint or information is referred to the Council for inquiry, further information is produced in writing which suggests that an inquiry should not be held, the chairman may refer the case back to the Committee for reconsideration. (2) As soon as the chairman has referred the case back to the Committee in accordance with subsection (1), the secretary shall notify the respondent and, in so far as it is practicable, the complainant of the reference. Cap 162C s 21 Documents to be furnished to Council If a respondent or complainant intends to rely on any document at the hearing of an inquiry, the respondent or complainant shall furnish to the secretary, at least 10 days before the date of the inquiry, 2 copies of the document which the respondent or complainant intends to rely on. Cap 162C s 22 Documents to be available to parties (1) The respondent or complainant in respect of an inquiry may request a copy of any document furnished to the secretary by any other party to the inquiry. (2) If a request is made to the secretary under subsection (1), the secretary shall, for the purposes of the inquiry and on payment of a reasonable charge, comply with the request accordingly. Cap 162C s 23 Notice to produce document (1) At any time before the hearing of an inquiry, and on application by any of the parties to the inquiry, the chairman may by order require a party to the inquiry to produce any material, record (in whatever form) or document which is relevant to the case or issues of the case alleged to be in the possession of that party. (2) If a party to the inquiry fails to produce the material, record or document required, the party who applied for the order may prove the contents thereof by other means. Cap 162C s 24 Consolidation of charges and amendment of notice of inquiry (1) If, after a case is referred to the Council for inquiry, the secretary receives further allegations of the matters set out in section 8(3) or 10(1) (as the case may be) of the Ordinance against the respondent, and the allegations are of the same nature as the case being investigated, the secretary shall submit the allegations to the chairman who may then direct that any or all of the allegations are to be inquired into at the same inquiry against the respondent. (2) If the chairman makes a direction under subsection (1), further evidence which relates to the allegations mentioned in that subsection may be introduced at the inquiry in respect of the case, notwithstanding that the allegations have not been referred to the Committee or have not formed the subject of a determination of the Committee. (3) If, at any time before the Council has made a determination under section 31, it appears to the chairman that a notice of inquiry is defective, the chairman may direct the secretary to amend the notice. |