1957-HKRS30-8-47_Part02 — Page 22

Postpone-

ment of judgment.

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(1) that the facts alleged in the charge are not such as to constiture the offence charged,

and where such submission is made, a reply thereto may be made by the complainant in person or by his solicitor or counsel, or in their absence by the Secretary and the defendant may answer such reply:

(c) if a submission is made under paragraph (b), the Council shall consider and determine whether the submission shall be upheld and...

(i) the Chairman shall announce the determination of the Council; and

(ii) if the Council uphold the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty on that charge; and

(ii) if the Council reject the submission. the Chairman shall call upon the defendant to stare his case;

(d) the defendant, in person or by his solicitor or his counsel. may then adduce evidence in support of his case and may address the Council :

Provided that 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:

(c) 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 Council 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 Council.

23. (1) At the conclusion of the proceedings under regula- tion 22, the Council shall consider and determine whether to post- pone judgment.

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

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

(4) When the Council has come to its decision under paragraph (3) the Chairman shall announce the decision of the Council in such terms as the Council may approve,

24. (1) When, under the provision of paragrapli (2) of Notice of regulation 23, the judgment of the Council in respect of a charge ion of

determina- stands postponed to a future meeting of the Council, the Secretary, judgment. not less than one week before the date fixed for such future meet- ing, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting; such notice to be served in the manner provided by regulation 14 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 Council, the position in which the case stands and the Council may hear any other party to the proceedings.

(4) The Council shall then consider and determine its judg- ment in the manner set forth in regulation 23 and shall announce its decision in manner set forth in that regulation.

sentence.

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

(2) If the Council decide to postpone sentence, the sentence

of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the Chairman shall announce the decision of the Council in such terms as the Council may approve.

26. (1) At any meeting of the Council at which sentence Address on a defendant is to be decided by the Council, before the Council ip mitiga- shall decide such sentence the Chairman shall ask the defendant

tion,