Further information,
Dismissat without answer by respondent,
Parties.
Notice of date of bearing.
Forms of notice. Schedule, Pormo ) and 4.
Inspection of documents.
5. The Disciplinary Committee may at any time require the applicant or the Committee to supply such further information and documents in his or its possession or under his or its control relating to the application as they think ft.
6. (1) If upon consideration of any such documents trans- mitted to the Disciplinary Committee under rule 4, the Disci- plinary 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 subsection (3) of section 10 and subsection (2) of section 12 of the Ordinance.
In the case of an application under paragraph (1) of rule 3. the applicant and the respondent shall be parties, and in the case of an application under paragraph (2) of rule 3, 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 (wenty-one days between the service of any such notice and the day fixed therein for the hearing as the Disciplinary Committee may direct.
9. A notke 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 fourteen 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 seven days after the receipt of such application.
11. If any party fails to appear at the hearing, the Disci- plinary Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the proceed- ings 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.
13. (1) Any party who has failed to appear at the hearing may, within one calendar month from the pronouncement of the findings and order of the Disciplinary Committee and upon giving notice to every other party and to the clerk, apply to the Disciplinary Committee for a re-hearing.
(2) The Disciplinary Committee, if satisfied that it is just that the case should be re-heard, may grant such application upon such terms as to costs or otherwise as they think fit.
(3) Upon such re-hearing the Disciplinary Committee may amend, vary, add to, or reverse their findings, or order, pro- nounced upon such previous hearing.
14. The Disciplinary Committee may either as to the whole case or as to any particular fact or facts proceed and act upon evidence given by affidavit:
Provided that any party to the proceedings may require the attendance upon summons of any deponent to any such affidavit for the purpose of giving oral evidence and of being cross- cxamined, unless the Disciplinary Committee are satisfied that the deponent is absent from the Colony or is for any other good and sufficient reason unable to give evidence in person at the hearing
15. The clerk shall give notice to the parties of the date when the findings and order will be pronounced.
16. The clerk shall on the day of pronouncement file the order pursuant to subsection (3) of section 10 and subsection (2) of section 12 of the Ordinance:
Provided that the Disciplinary Committee may suspend the filing of the order pursuant to the said sections during the time limited for appeal under section 13 of the Ordinance and, if notice of motion of appeal is duly filed, then until determination or abandonment of such appeal.
17. Within four days of the date when the findings and order shall have been pronounced, the clerk shall send a copy thereof 10 each party.
Failure to uppear.
Representation,
Re-hearing after failure to appear.
Evidence.
Findings and order.
Suspension of order pending appeal.
Service of tludings and order.