【法规名称】
【法规编号】 82205 什么是编号？
【正 文】
第6页 CAP 162C MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (4) After the amendment of the notice of inquiry, the secretary shall, unless the amendment does not affect the substance of the complaint or information- (a) serve on the respondent the amended notice of inquiry; and (b) in so far as it is practicable, serve on the complainant a copy of the amended notice of inquiry.(5) Where the notice of inquiry is amended, and unless the amendment does not affect the substance of the complaint or information- (a) the respondent shall be allowed reasonable time to prepare his or her case on matters arising from the amendment; and (b) where inquiry has been commenced, and unless the respondent agrees otherwise, the inquiry shall be suspended and the procedures under sections 28, 29 and 30 shall be repeated as if the amended notice of inquiry is a notice of inquiry under section 18(2)(b). Cap 162C s 25 Inquiry in public or in camera PART V PROCEEDINGS AT HEARING OF COUNCIL (1) Subject to subsection (2), an inquiry of the Council shall be open to the public. (2) The Council- (a) may at its discretion determine that an inquiry shall be held wholly or partly in camera; (b) may at any stage of an inquiry determine that the remainder of the inquiry shall be held in camera. Cap 162C s 26 Representation (1) A party to an inquiry may be represented by a solicitor, a counsel or a friend of that party. (2) The Secretary for Justice may, on the application of the secretary, appoint- (a) a legal officer within the meaning of the Legal Officers Ordinance (Cap 87); (b) a solicitor; or (c) a counsel,to carry out the functions of the secretary in respect of an inquiry. Cap 162C s 27 Record of proceedings (1) The Council may appoint a person to prepare a verbatim record of the proceedings of an inquiry, or alternatively, the secretary may cause the proceedings to be recorded on tape and arrange for the transcription of the tape recording into a verbatim record in writing. (2) A party to an inquiry may apply to the chairman for a full verbatim record of the proceedings, or any part of that record, which has been prepared. (3) On an application of a party to the chairman under subsection (2), and on the payment of the prescribed fee by that party, the chairman shall provide that party with a copy of the full verbatim record of the proceedings or any part of that record required by that party. Cap 162C s 28 Opening of inquiry (1) At the opening of an inquiry, the secretary shall read the notice of inquiry to the Council. (2) If the respondent is not present and is not represented at the opening of an inquiry, the secretary shall submit such evidence as the Council may require to prove that the notice of inquiry or, where applicable, the notice of adjournment has been served on the respondent in accordance with section 18(2)(b) or 19(2). (3) If, after considering the evidence submitted under subsection (2), the Council is satisfied that the notice of inquiry or the notice of adjournment (as the case may be) has been served on the respondent in accordance with section 18(2)(b) or 19(2), the Council may proceed with the inquiry in the absence of the respondent or person representing the respondent. (4) If the respondent or person representing the respondent is present at the opening of an inquiry but is absent from the inquiry at any time during the course of the inquiry, the Council may continue to proceed with the inquiry notwithstanding the absence of the respondent or that person. (5) If the respondent or person representing the respondent appears before the Council, the Council shall, immediately after the notice of inquiry is read, inform the respondent or that person (as the case may be) the right of the respondent to cross-examine any witness, to give evidence and to call witness on the respondent's behalf. Cap 162C s 29 Objections on point of law (1) Where the notice of inquiry has been read in accordance with section 28(1), the respondent or person representing the respondent may object to the inquiry on a point of law. (2) If the respondent or person representing the respondent makes an objection under subsection (1), the secretary may reply to the objection, and the respondent or person representing the respondent may then answer the reply. (3) If the Council upholds the objection made under subsection (1), the Council shall consider the charge subject to the objection. Cap 162C s 30 Order of procedure, etc. (1) Subject to sections 28 and 29 and subsections (4) and (5), an inquiry shall be conducted in accordance with the following procedures- (a) the secretary shall present the case against the respondent, adduce evidence to support the case and then close the case; (b) at the conclusion of the presentation of the case against the respondent by the secretary, the respondent or person representing the respondent may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced- (i) there is not sufficient evidence on which the Council can find that the facts alleged in that charge have been proved; |
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