1961-HKRS30-8-51_Part03 — Page 20

Reference

back to Committee.

Documents to bc

furnished

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23. (1) Where, after a complaint or information has been referred to the Board for inquiry and further information is subsequently produced in writing which suggests that an inquiry ought not to be held, the Board may refer the case back to the Committee for further consideration.

(2) As soon as may be after the giving of any such direction the secretary shall give notice thereof to the defendant and to any com plainant.

24. The defendant and any complainant shall furnish to the secretary not later than ten days before the date of an inquiry or such to the Board. lesser period as the Board may determine, two copies of all documents

upon which he intends to rely at the hearing of such inquiry,

Documents

to be available to the parties.

Nolice To produce.

Amendment

inquiry,

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

26. Any party to an inquiry may at any time after service of notice of the inquiry give to any other party thereto notice to produce any document alleged to be in the possession of that party and relevant to the subject matter of the inquiry and, on failure to produce such document, may prove the contents thereof by other evidence given at the inquiry.

27. (1) Where before the hearing, or at any stage during the of notice of 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 he may consider 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.

Record of proceedings.

(2) The secretary, as soon as is practicable after the amendment of any notice of inquiry, shall give notice in writing of such amendment 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 by the Bourd.

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

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

29. (1) At the opening of any inquiry the secretary shall read Opening of

inquiry, 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 fumish to the Board such evidence as the Board may require that the notice of inquiry was served upon the defendant in accordance with the provisions of paragraph (4) of regulation 21 and, on 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- msdiutely after the charge has been read, shall inform him that he may cross-examine witnesses, give evidence and call witnesses on his own behalf and address the Board subject to the provisions of regulations 30 and 31,

of law.

30. (1) After the reading of the notice of inquiry, the defendant. Objections or his representative, may object to any charge on a point of law and, on point upan such objection, any other party to the proceedings may reply thereto and, if any such party replies to such objection, the defendant. of his representative, 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.

M. The following order of procedure shall be observed- (a) the complainant, or his representative, or in their absence, or if there be 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-

Order of procedure.

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 representative;

(b) at the conclusion of the presentation of the case against the defendant, the defendant, or his representative, may make either or both of the following submissions in relation to any charge-

() that no or insufficient evidence has been adduced upon which the Board can find that the facts alleged in that charge have been proved: