1956-HKRS30-8-46_Part01 — Page 23

Determina- tion of Committee that no inquiry be held.

Determina- tion of Committee that

inquiry be held.

Form 6.

Adjourn ment of inquiry.

Referring back to Committee,

(b) that the complaint or information shall, in whole or in

part, be referred to the Board for inquiry.

(2) Before coming to a determination the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary,

17. If the Committee determine that no inquiry shall be held, the Registrar shall inform the complainant and the defendant of the decision of the Committee and no inquiry shall be held.

18. (1) If the Committee determine that an inquiry shall be held the Registrar, within one month of the determination of the Committee, shall serve on the defendant a notice of inquiry in accordance with Form & in the First Schedule together with a copy of these regulations.

(2) A notice of inquiry shall-

(a) specify in the form of a charge or charges, the matters

in which the inquiry is to be made; and

(b) state the date, time and place at which the inquiry is

proposed to be held.

(3) Except with the consent in writing of the defendant an inquiry shall not be held less than twenty-eight days after the date of service of the notice of Inquiry.

(4) Service of a notice of inquiry on the defendant may be by registered post addressed to him at the address shown on the register or at his last known address if different.

(5) Within the time stipulated for service of the notice of inquiry, the Registrar shall send a copy of the notice of inquiry to any complainant.

19. The Chairman may adjourn any inquiry to such date as he thinks Gt:

Provided that notice of any such adjournment shall be given to the defendant and to any complainant.

20. (1) Where, after a complaint or information has been referred to the Board for inquiry, and further information is subsequently produced in writing which suggests that an inquiry should not be held, the Board may refer back the case to the Committee for further consideration.

(2) As soon as may be after the giving of any such direction the Registrar stall give notice thereof to any complainant and to the registered dentist.

21. The defendant and any complainant shall furnish to the Documents Registrar not less dun ten days before the date of an inquiry or to be

furnished such lesser period as the Board may determine, two copies of all to Board. documents upon which he intends to rely at the hearing of the sald inquiry.

available

22. The Registrar on the request of the defendant or a Documents complainant and on the payment of his reasonable charge there to be for shall send to the denfendant or to the complainant, as the to each case may be copies of any document sent to the Board by the party, other party for the purposes of an inquiry,

23. Any party may at any time give to any other party Notice to nutice to produce any document alleged to be in the possession produce.

of that party and, on failure to produce such document, may prove the contents thereof by any alternative method.

ment of

24. (1) Where before the bearing or at any stage of the Amend- hearing it appears to the Board, that a notice of inquiry is notice. defective, the Chairman may give such directions for the amend- ment of the notice as may be thought necessary to meet the circumstances of the case unless, having regard to the merits of the case, he is of the opinion that the required amendments cannot be made without injustice to the defendant.

(2) The Registrar as soon as is practicable, after the amend- ment of a notice of inquiry, shall give notice in writing thereof to the defendant and to any complainant.

PART IV,

Proceedings at Hearing of the Board,

1

26. (1) At the discretion of the Board, any hearings thereof Hearinga in

be open to the public or partly open to the public and partly public or

may in camera.

(2) At any stage of the proceedings the Board may decide to conduct the remainder thereof open to the public or in camera as the case may be.

in camera.