【法规名称】
【法规编号】 82205 什么是编号？
【正 文】
第7页 CAP 162C MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (ii) the facts alleged in the charge do not constitute the offence charged;(c) if the respondent or person representing the respondent makes either or both of the submissions referred to in paragraph (b), the secretary may make a reply, and the respondent or person representing the respondent may answer the reply; (d) the Council shall- (i) consider and determine whether a submission (if any) made under paragraph (b) is to be upheld; and (ii) announce the determination of the Council;(e) if the Council determines that a submission made under paragraph (b) shall be upheld, the Council's determination shall be recorded as a decision finding that the respondent is not guilty on the charge alleged; (f) if the Council rejects the submission made under paragraph (b), the chairman shall call on the respondent or person representing the respondent to state the respondent's case; (g) the respondent or person representing the respondent may then adduce evidence to support the respondent's case; (h) the respondent or person representing the respondent may make one address to the Council, and if evidence is adduced to support the respondent's case, the address may be made before or after the evidence is adduced; (i) at the conclusion of the respondent's case, the secretary may address the Council in reply; (j) if the secretary addresses the Council in reply, the respondent or person representing the respondent may make one address to the Council in reply to the secretary's reply mentioned in paragraph (i).(2) The complainant or person representing that complainant may apply to the Council for permission to present the complainant's case. (3) If the Council thinks appropriate in the circumstances of the case, the Council may permit the complainant or person representing the complainant to present the complainant's case. (4) If the Council grants permission under subsection (3), a reference to the secretary in subsection (1) is to be construed as a reference to the complainant or person representing that complainant. (5) No inquiry shall be held in the absence of the legal adviser to the Council. Cap 162C s 31 Determination of Council (1) Subject to subsection (3), at the conclusion of the proceedings under section 30, 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 respondent is guilty of the offence charged. (2) If the Council comes to a determination under subsection (1), the chairman shall announce the determination, including the reasons for making the determination, in such terms as the Council may approve, and notify the respondent and, in so far as it is practicable, the complainant of the determination. (3) The Council may, if it thinks appropriate, postpone the making of its determination to a further meeting appointed by the Council. Cap 162C s 32 Notice in relation to postponement of determination (1) If the Council decides to postpone the making of a determination to a further meeting, the secretary shall, at least 7 days before the date fixed for such further meeting, serve on the respondent a notice inviting the respondent to attend that meeting. (2) The notice referred to in subsection (1) shall specify the date, time and place fixed for the Council's meeting at which a determination is to be made. (3) If there is a complainant in respect of the charge, the secretary shall, in so far as it is practicable, serve on the complainant a copy of the notice referred to in subsection (1). (4) At the further meeting appointed under section 31(3), the Council may require the secretary to recall, for the Council's information, the position in which the case stands and the Council may hear any other party to the proceedings. (5) The Council shall then consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction and whether the respondent is guilty of the offence charged. (6) If the Council comes to a determination, the chairman shall announce the determination, including the reasons for making the determination, in such terms as the Council may approve, and notify the respondent and, in so far as it is practicable, the complainant of the determination. Cap 162C s 33 Postponement of making order The Council may, if it thinks appropriate, postpone the making of an order under section 10 of the Ordinance to such further meeting as the Council may determine. Cap 162C s 34 Address in mitigation, etc. The procedure for the meeting of the Council at which an order is to be made under section 10 of the Ordinance are as follows- (a) where the Council has previously made any order against the respondent pursuant to section 10 of the Ordinance, the secretary or any other person presenting the case against the respondent may produce to the Council the records of the meeting at which the order was made; (b) the Council shall ask the respondent or person representing the respondent whether the respondent wishes to address the Council; |
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