1969 Ed.]
Midwives (Registration and Disciplinary [CAP. 162
Procedure) Regulations.
A 15
[Subsidiary]
on her own behalf and address the Board subject to the provisions of regulations 24 and 25.
Objections on
24. (1) After the reading of the notice of inquiry the defendant, or her representative, may object to any charge on a point of law and, upon such objection, any other party to the inquiry may reply thereto and, if any such party replies to such objection, the defendant, or her representative, shall be permitted to answer such reply.
(2) If such objection is upheld by the Board the charge to which such objection relates shall be considered only subject to such objection.
25. The following order of procedure shall be observed-
(a) the complainant, or his solicitor or counsel, or in their absence, or if there is no complainant, the secretary, shall present the case against the defendant and adduce the evidence in support thereof and shall close the case against the defendant:
Order of procedure.
chairman
Provided that, on the application of the Director, the Attorney General may appoint a legal officer within the meaning of the Legal Officers Ordinance, other than the legal adviser to the Board, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his solicitor or counsel;
(b) at the conclusion of the presentation of the case against the defendant, the defendant or her representative may make either or both of the following submissions in relation to any charge-
(i) that no or insufficient evidence has been adduced upon which the Board can find that the facts alleged in that charge have been proved;
(ii) that the facts alleged in the charge are not such as to constitute the offence charged;
(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his solicitor or counsel or, in their absence, by the secretary; and the defendant may answer such reply;
(d) if a submission is made under paragraph (b), the Board shall consider and determine whether the submission shall be upheld and-
(i) the chairman shall announce the determination of the Board; and
(ii) if the Board upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty on that charge; and
(Cap. 87.)
Gof 197604
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