1982 Ed.]

Medical Practitioners (Registration and [CAP. 161

Disciplinary Procedure) Regulations

24. (1) When, under the provision of regulation 23(2), the judgment of the Council in respect of a charge stands postponed to a future meeting of the Council, the Secretary of the Council, not less than 1 week before the date fixed for such future meeting, shall 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; such notice shall be served in the manner provided by regulation 14 for the service of a notice of inquiry.

(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.

(3) At such future meeting the Chairman may invite the Secretary of the Council to recall, for the information of the Council, the position in which the case stands and the Council may hear any other party to the proceedings.

(4) The Council shall then consider and determine its judgment in the manner set forth in regulation 23 and shall announce its decision in manner set forth in that regulation.

25. (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 offence charged, the Council shall consider and determine whether or not to postpone sentence on the defendant.

(2) If the Council decide 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.

26. (1) At any meeting of the Council at which sentence on a defendant is to be decided by the Council, before the Council shall decide such sentence the Chairman shall ask the defendant whether he wishes to address the Council, and the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to the circumstances leading to the offence and as to the character and antecedents of the defendant.

(1A) At any such meeting-

(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 21 of the Ordinance; and

(b) the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to the circumstances leading to any such previous order.

A 13

[Subsidiary]

Notice of determination of judgment.

Postponement of sentence.

Address in mitigation.

L.N. 171 70.

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