1957-HKRS30-8-47_Part02 — Page 23

Notice of postpone ment of sentence.

Evilence.

Voting.

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whether he wishes to address the Council, and the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to the circum- stances leading to the offence and as to the character and antecedents of the defendant.

(2) The Council shall then consider and determine the sentence um the defendant and the Chairman shall announce the decision of the Council in such terms as the Council may approve.

27. (1) Where, in accordance with the provisions of regula- tion 25, the decision of the Council in regard to the sentence in respect of any charge stands postponed to a future meeting of the Council, 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 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,

28. (1) Evidence may be taken by the Council by oral state- 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 he re- examined by the party producing him.

(3) The Council may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit ta cross-examination.

(4) The Chairman and members of the Council through the Chairman may put such questions to the parties or to any witness as they may think desirable.

29. (1) In the taking of the votes of the Council on any question to be determined by it, the Chairman shall call upon the members to signify their votes by raising their right hands, and shall thereupon declare the determination of the Council in respect of such question.

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(a) Where the determination of the Council so declared by the Chairman is challenged by any member of the Council, the Chairman shall call upon each member severally to declare lis vote, announce his own vote and announce the number of members of the Council who have voted each way, and the result of the

vote.

(3) Where on any question to be determined by the Council the votes are equal, the question shall be deemed to have been decided in favour of the defendant

(4) No person other than members of the Council, the Secretary of the Council and the Legal Adviser to the Council may be present when the Council votes on any matter.

30. A witness summons under section 21 of the Ordinance Summons. shall be in acrordance with Form 6 in the First Schedule.

PART V.

Duties of Legal Adviser.

Firet Schedule, Furni d

31. The Legal Adviser shall be present at every inquiry held Inquiry by the Council in accordance with the provisions of section 20 of by the

Council. the Ordinance and no such inquiry shall commence if the Legal Adviser is not present.

32. The Chairman may give to the Legal Adviser prior notice Ordinary that his advice may be required at any meeting of the Council, meetings of

Council other than an inquiry under section 20 of the Ordinance, or at any meeting of the Preliminary Investigation Committee and, if such notice is given, the Legal Adviser shall be present at such meeting.

Adviser.

33. (1) When the Legal Adviser advises the Council on Advice any question of law as to evidence, procedure or any other matter, by Legal in any inquiry under section 20 of the Ordinance he shall do so in the presence of every party to the proceedings or the person representing each party or, if the advice is tendered after the Council has commenced to deliberate as to its findings, every such party or persons as aforesaid shall be informed of the advice that the Legal Adviser has tendered.

(2) In any case where the Council does not accept the advice of the Legal Adviser on any such question as aforesaid, every such party or person shall be informed of this fact.