1959-HKRS30-8-49_Part04 — Page 12

Notice of determina- tion of judgment.

Postpone ment of

Address in mitigation.

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(2) If the Council decides 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 shall announce the decision of the Council in such terms as the Council may approve.

(3) If the Council decides not to postpone judgment, the Council shall consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction 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.

29. (1) Where under the provisions of paragraph (2) of regulation 28, the judgment of the Council in respect of a 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 17 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 is which the case stands and the Council may hear any other party to the proceedings.

(4) The Council shall then consider and determine its judgment in accordance with the provisions of regulation 28 and shall announce its decision in the manner set forth in that regulation.

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

(2) If the Council decides 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 annowe the decision of the Council in such terms as the Council may approve.

31. (1) At any meeting of the Council at which sentence on defendant is to be decided by the Council, before the Council shal decide such sentence an opportunity shall be given to the defendant. or his solicitor or counsel, to address the Council by way of mitigation and to adduce evidence as to the circumstances leading to the offence and as to the character and antecedents of the defendant.

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

postpone.

ment of

32. (1) Where. in accordance with the provisions of regulation 30, Notice of 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 sentence. 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 17 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.

33. (1) Evidence may be taken by the Council by oral statement Evidence, on oath or by written deposition or statement.

(2) A summons to any person requiring him to attend an inquiry la give evidence or produce any document or other thing in his posses- sion, in accordance with the provisions of section 19 of the Ordinance may be in accordance with Form 7 in the First Schedule.

First Schedule.

(3) Every witness shall be examined by the party producing him Form 7. 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.

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

(5) 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.

34. (!) In the taking of the votes of the Council on any question Voting. lo be determined by them, the Chairman shall call upon the members lo signify their votes by raising their right hands, and shall thereupon declare the determination of the Council in respect of such question. (2) Where the determination of the Council so declared by the Chairman is challenged by any member of the Council, the Chairman hall call upon each member severally to declare his 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 Dies are equal, the question shall be deemed to have been decided in vour of the defendant.