Recard of proceedings.
Opening of Inquiry.
Objections on point of law.
Order of procedure.
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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 amendment of a notice of inquiry, shall give notice in writing thereof to the defendant and to any complainant.
PART IV.
Proceedings or Hearing of the Council.
24. (1) A shorthand writer may be appointed by the Council to prepare a verbatim record of the proceedings.
(2) If a verbatim record of any proceedings or any part of any proceedings has been prepared the Registrar, on application to him by any party, and on payment to him of a fee of seventy-five cenu! for each folio of seventy-two words or part thereof, shull furnish such party with a copy of such record.
25. (1) At the opening of an inquiry the Secretary shall read the notice of inquiry.
(2) If the defendant is not present nor represented by his solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 17 and, on being sutisfied as to such evidens: the Council 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 of bis right to cross-examine witnesses, to give evidence and to call witness on his behalf,
26. (1) After the reading of the notice of inquiry the defendant, or his solicitor or counsel, may object to any charge on a point of law and, upon such objection, any other party to the inquiry may reply thereto and, if any such party replies to such objection, the defendant or his solicitor or counsel, shall be permitted to answer such reply.
(2) If such objection is upheld by the Council the charge to which such objection relates shall be considered only subject to such objection.
27. Subject to the provisions of regulations 25 and 26. The following order of procedure shall be observed-
(a) the complainant, or his solicitor or counsel, or in the absence of them, or if there is no complainant, the Secretary, shall present the case against the defendant and adduce the evidenc
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in support thereof and shall close the case against the defendant:
Provided that, on the application of the Director, the Attorney General may appoint a legal officer within the meaning of the Legal Officers Ordinance to carry out the (Cap. 87), duties of the Secretary in respect of that inquiry in the absence of a complainant and his solicitor or counsel;
(5) at the conclusion of the presentation of the case against the defendant, he, or his solicitor or counsel, may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced-
(i) that sufficient evidence has not been adduced upon which the Council can find that the facts alleged in that charge have been proved;
(B) that the facts allged in the charge are not such as to constitute the offence charged.
and where such submission is made, a reply thereto may be made by the complainant, 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 (5), the Council shail consider and determine whether the submission shall be upheld and
() the Chairman shall announce the determination of the Council; and
(6) if the Council upholds 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 rejects the submission, the Chairman shall call upon the defendant to state his case:
(d) the defendant, or his solicitor or 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;
(e) at the conclusion of the case of the defendant, the complainant, or 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.
28. (1) At the conclusion of the proceedings under regulation 27. Be Council shall consider and determine whether to postpone judgment.
Postpone-
ment of judgment.
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