1969 Ed.]

Midwives (Registration and Disciplinary Procedure) Regulations.

[CAP. 162

A 17

28. (1) After the announcement of the decision of the Board in respect of the charge, if such decision be a finding of guilty of the matter charged, the Board shall consider and determine whether or not to postpone sentence on the defendant.

(2) If the Board decides to postpone sentence, the sentence of the Board shall stand postponed until such future meeting of the Board as the Board may decide, and the chairman shall announce the decision of the Board in such terms as the Board may approve.

29. (1) At any meeting of the Board at which sentence on a defendant is to be decided, before the Board shall decide such sentence an opportunity shall be given to the defendant, or her representative, to address the Board by way of mitigation and to adduce evidence as to the circumstances leading to the offence and as to the character and antecedents of the defendant.

(2) The Board shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Board in such terms as the Board may approve.

(3) If the defendant fails to attend, personally or by her representative, the announcement of the decision of the Board, the secretary, in the manner prescribed by paragraph (4) of regulation 15, shall, within seven days after the announcement of the decision, serve upon the defendant a notice setting out the terms of such decision.

30. (1) Where, in accordance with the provisions of regulation 28, the sentence of the Board in respect of any charge stands postponed to a future meeting of the Board, the secretary, not less than one week before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 15, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting her to appear at such meeting.

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

31. (1) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement.

(2) A summons to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession in accordance with the provisions of section 11 of the Ordinance may be in accordance with Form 4 in the Second Schedule,

[Subsidiary]

Postponement of sentence.

Address in mitigation.

Notice of postponement of sentence.

Evidence.

Second Schedule, Form 4.

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