1960-HKRS30-8-50_Part01 — Page 43

Documents to be

available to the parties.

Notice 10 produce.

Amendment of notice.

Record of proceedings.

Opening of inquiry.

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19. The secretary, at the request of the defendant or any com- plainant and on payment of his reasonable charges therefor, if any. shall send for the purpose of the inquiry to the defendant or to the complainant, as the case may be, copies of any document sent to him by the other party to the proceedings.

20. Any party may at any time after service of a notice of inquiry give to any other party to such inquiry notice to produce any document alleged to be in the possession of that party and, on failure to produce such document, may prove the contents thereof by other evidence.

21, (1) Where before the hearing, or at any stage during the hearing, it appears to the Board that a notice of inquiry is defective in any respect the chairman may give such directions for the amendment of the notice as may be thought necessary to meet the circumstances of the case unless, having regard to the circumstances, he is of the opinion that the amendments required may not be made without resulting in an injustice to the defendant.

(2) The secretary, as soon as is practicable after the amendment of any notice of inquiry, shall give notice in writing thereof to the defendant and to any complainant unless the amendment is directed verbally by the chairman in the presence of the parties thereto at the hearing of an inquiry by the Board.

PART V.

Proceedings at a hearing of the Board.

22. (1) A shorthand writer may be appointed by the Board for the purposes of any inquiry.

(2) If a verbatim record of any proceedings or any part of any proceedings has been prepared, the secretary, on application to him by any party to such proceedings and on payment to him of a fee of seventy-five cents for each folio of seventy-two words or part thereof, shall furnish such party with a copy of such record.

23. (1) Al the opening of any inquiry the secretary shall read the notice of inquiry to all persons being present at the inquiry.

(2) If the defendant is not present nor represented at the opening of the inquiry, the secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 15 and, o being satisfied that the notice was served, the Board may proceed with the inquiry in the absence of the defendant.

(3) If the defendant is present at the inquiry the chairman, im- mediately after the charge has been read, shall inform her that she may

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cross-examine witnesses, give evidence and call witnesses on her own behalf and address the Board subject to the provisions of regulations 24 and 25.

on point of

24. (1) After the reading of the notice of inquiry the defendant, or Objections her representative, 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 her representa- tive, shall be permitted to answer such reply.

(2) If such objection is upheld by the Board the charge to which such objection relates shall be considered only subject to such objection.

25. The following order of procedure shall be observed -

Order of procedure.

(2) 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 evidence 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 mean- ing of the Legal Officers Ordinance other than the legal adviser (Cap. 87), to the Board, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his solicitor or counsel;

(b) at the conclusion of the presentation of the case against the defendant, the defendant or her representative, may make either or both of the following submissions in relation to any charge- (i) that no or insufficient evidence has been adduced upon which the Board can find that the facts alleged in that charge have been proved;

(i) that the facts alleged in the charge are not such as to constitute the offence charged;

(c) where submission referred to in paragraph (6) 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:

(d) if a submission is made under paragraph (b), the Board shall consider and determine whether the submission shall be upheld and--

() the chairman shall announce the determination of the Board; and

(ii) if the Board upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty on that charge: or