1981 Ed.] Disciplinary Committee Proceedings Rules [CAP. 159

6. (1) If upon consideration of any such documents transmitted to the Disciplinary Committee under rule 4, the Disciplinary Committee is of the opinion that no prima facie case is shown for any disciplinary action, the Disciplinary Committee may dismiss the application without requiring the respondent to answer the allegations, and without hearing the applicant.

(2) If required so to do either by the applicant, the Society or the respondent, the Disciplinary Committee shall make a formal order dismissing such application and the clerk shall file the order pursuant to section 10(3) and section 12(2) of the Ordinance.

7. In the case of an application under rule 3(1), the applicant and the respondent shall be parties, and in the case of an application under rule 3(2), the Society and the respondent shall be parties.

8. (1) Where an application is made pursuant to rule 3 and in the opinion of the Disciplinary Committee, a prima facie case is shown against the respondent, the Disciplinary Committee shall fix a day for the hearing and the clerk shall serve notice thereof on each party to the proceedings and shall in every case serve on the respondent a copy of the affidavit and a copy of the application.

(2) There shall be such period of not less than 21 days between the service of any such notice and the day fixed therein for the hearing as the Disciplinary Committee may direct.

9. A notice under rule 8 shall be in Form 3 or Form 4 in the Schedule, as shall be appropriate, and shall require the party to whom it is addressed to furnish to the clerk and to every other party at least 14 days before the day fixed for the hearing, unless the Disciplinary Committee direct otherwise, a list of all documents on which he intends to rely.

10. (1) Any party may inspect the documents included in the list furnished by any other party.

(2) A copy of any document mentioned in the list furnished by any party which is or has been in his possession or power shall, on application by the party requiring it, be furnished to that party by the other, within 7 days after the receipt of such application.

11. If any party fails to appear at the hearing, the Disciplinary Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the proceedings in his absence, and in the absence of the applicant, the Disciplinary Committee may, in their discretion, dismiss the application without a hearing.

12. Any party to an application or investigation may be represented by solicitor or counsel.

C3

[Subsidiary]

Dismissal without answer by respondent.

Parties.

Notice of date of hearing.

Forms of notice. Schedule. Forms 3 and 4.

Inspection of documents.

Failure to appear.

Representation.

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