Record of proceedings,
Opening of inquiry.
Objections an point of law.
Order of procedure.
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PART V.
PROCEEDINGS AT A HEARING OF THE BOARD.
28. (1) A shorthand writer may be appointed by the Board for the purpose of any inquiry.
(2) If a verbatim record of any proceedings has been pre- pared, the secretary, on application made to him by any party to such proceedings and upon payment to him of a fee of seventy- five cents for each folio of seventy-two words or part thereof, shall furnish such party with a copy of such record.
29. (1) At the opening of any inquiry the secretary shall read the notice of inquiry to all persons being present at the inquiry.
(2) If the defendant is not present or represented at the opening of the inquiry, the secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served upon the defendant in accordance with the provisions of paragraph (4) of regulation 21 and, on being satisfied that the notice was served, the Board may proceed with the inquiry in the absence of the defendant.
(3) If the defendant is present at the inquiry, the chairman, immediately after the charge has been read, shall inform him that he may cross-examine witnesses, give evidence and call witnesses on his own behalf and address the Board subject to the provisions of regulations 30 and 31.
30. (1) After the reading of the notice of inquiry, the de- fendant, or his representative, may object to any charge on a point of law and, upon such objection, any other party to the proceedings may reply thereto and, if any such party replies to such objection, the defendant, or his representative, shall be per- mitted 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.
31. The following order of procedure shall be observed- (a) the complainant, or his representative, or in their absence, or if there be 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;
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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 carry out the duties of the secretary in respect of that inquiry in the absence of a complainanı or his representative:
(b) at the conclusion of the presentation of the case against the defendant, the defendant or his 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 representative or, in their absence, by the secretary; and the defendant may make answer to such reply:
(d) where a submission is made under paragraph (b), the Board shall consider and determine whether the submis- sion shall be upheld and→
(i) the chairman shall announce the determination of the Board, and
() if the Board upholds the submission in respect of any charge, the finding shall be recorded that the de- fendent is not guilty of that charge, and
(12) if the Board rejects the submission the chairman shall call upon the defendant to state his case;
(e) the defendant, or his representative. may then adduce evidence in support of his case and may address the Board:
Provided that, except with the leave of the Board, only one address may be made under this paragraph, and where evidence has been adduced by or on behalf of the defendant such address may be made either before or after such evidence has been adduced;
() at the conclusion of the case for the defendant, the com- plainant or bis representative or, in their absence, the secretary, may address the Board in reply but only if evidence by or on behalf of the defendant, other than the defendant's own evidence, has been adduced; or with the leave of the Board.
(Can. 170