A 18
[Subsidiary]
Voting.
Inquiry by the Board.
Advice by legal adviser.
Attendance of legal adviser at ordinary meetings of the Board.
CAP. 162] Midwives (Registration and Disciplinary Procedure) Regulations.
[1969 Ed.
(3) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and thereafter be re-examined upon matters arising out of such cross-examination by the party producing him.
(4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination.
(5) The chairman, and members of the Board through the chairman, may put such questions to the parties or to any witness as they may think expedient, or, at the request of the chairman, the legal adviser to the Board may put such questions.
32. (1) In the taking of the votes of the Board on any question to be determined by them, the chairman shall call upon the members to signify their votes, and shall thereupon declare the determination of the Board in respect of such question.
(2) Where on any question to be determined by the Board the votes are equal, the question shall be deemed to have been decided in favour of the defendant.
(3) No person other than members of the Board, the secretary and the legal adviser to the Board shall be present when the Board votes on any matter.
PART VI.
DUTIES OF LEGAL ADVISER.
33. The legal adviser to the Board shall be present at every inquiry held by the Board under section 8 or 10 of the Ordinance and no such inquiry shall be deemed valid if the legal adviser is not present throughout the proceedings.
34. (1) When the legal adviser to the Board advises the Board on any question of law or as to evidence, procedure or any other matter, in any inquiry under section 8 or 10 of the Ordinance, he shall do so in the presence of every party to the proceedings or the person representing each such party or, if the advice is tendered after the Board has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed of the advice that the legal adviser has tendered.
(2) In any case where the Board does not accept the advice of the legal adviser on any such question as aforesaid, every such party or person shall be informed accordingly.
35. Without prejudice to anything contained in regulation 33 the legal adviser to the Board shall not be required to attend meetings of the Board unless notified by the secretary in advance of any meeting that his presence is likely to be specifically required at such meeting.