1956-HKRS30-8-46_Part01 — Page 25

Postpone- ment of judgment.

Notice of determina- tion of judgment.

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(e) at the conclusion of the case of the defendant, the com- plainant, in person or by his solicitor or counsel, or in their absence the Secretary, may address the Board in reply, only if evidence has been adduced by or on behalf of the defendant other than by his own evidence, or with the special leave of the Board.

32. (0) At the conclusion of the proceedings under regula- tion 31, the Board shall consider and determine whether to postpone judgment.

(2) If the Board decide tu postpone judgment, the judgment of the Board shall stand postponed until such future meeting of the Board as the Board may decide, and the Chairman of the Board shall announce the decision of the Board in such terms as the Board may approve.

(3) If the Board decide not to postpone judgment, the Board shall consider and determine whether the facts alleged in any charge before the Board have been proved to their satisfaction and whether the defendant is guilty of the offence charged.

(4) When the Board linve come to their decision under para- graph (3), the Chairman shall announce the decision of the Board in such terms as the Board may approve.

33. (0) When, under the provision of paragraph (2) of regulation 32, the judgment of the Board in respect of a 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 serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting; such notice to be served in the manner provided by regulation 18 for the service of a notice of inquiry.

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

(3) At such future meeting the Chairman may invite the Secretary to recall, for the information of the Board, the position in which the case stands and the Board may hear any other party to the proceedings.

(4) The Board shall then consider and determine their judg- ment in the manner set forth in regulation 32 and shall announce their decision in manner set forth in that regulation.

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ment of

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

(2) If the Board decide 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.

35. (1) At such meeting of the Board at which sentence on Address

in mitiga- a defendant is to be decided by the Board, before the Board shall for decide such sentence the Chairman shall ask the defendant whether he wishes to address the Board, and the defendant, in person or by his solicitor or counsel, may address the Board by way of mitigation and may adduce evidence as to the cir- cumstances lending 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.

ment of

38. (1) Where, in accordance with the provisions of regula- Notice of postponc- tion 34, the decision of the Board in regard to the sentence in respect of any charge stands postponed to a future meeting of the sentence. Board, the Secretary, not less than one week before the date fixed for such future meeting, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting; such notice to be served in the manner provided by regulation 18 for the service of a notice of inquiry,

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

37. () Evidence may be taken by the Board by oral state. Evidence. ment on oath or by written deposition or statement.

(2) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and only upon matters arising out of such cross-examination may be re- examined by the party producing him.