1969-HKRS30-16-29_Part02 — Page 16

Authenticated Laws 確真本香港法例 All

Referance

of the complaint or informa.

tion to the Committe

Considera- tion of complaint or informa- tion by the Committee,

(B) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant's information and the grounds for his belief in the truth of the facts; and

(c) shall be duly stamped.

17B. (1) Where a complaint or information is submitted to the chairman of the Committee by the secretary, the chairman of the Committee shall, unless it appears to him that the complaint or in- formation is frivolous or groundless and should not proceed further, direct that the complaint or informa- tion be referred to the Committee for its consideration and shall fix a date upon which it is proposed that the Committee shall meet to consider the complaint or information.

(2) Where the chairman of the Committee directs that a complaint or information be referred to the Committee, he shall direct the secretary to, and the secretary when so directed shall-

(a) notify the defendant of the receipt of the

complaint or information:

(b) inform him of the substance thereof;

(c) forward to him a copy of any statutory declaration furnished under paragraph (1) of regulation 17A:

(2) inform him of the date upon which the Com- mittee is due to meet for the purpose of considering the complaint or information; and

(e) invite him to submit to the Committee any explanation of his conduct or of any other matter alleged in the complaint or informa- tion which he may have to offer.

18. (1) At the meeting at which the complaint or information is considered by the Committee, the secretary shall put before the Committee the complaint or information, any statutory declaration received therewith. any explanation submitted by the defendant and any other document or matter in the nature of evidence relevant to or in support of the complaint or information and which is available.

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(2) The Committee, having regard to any ex- planation or declaration made by the defendant, shall consider the complaint or information, any statutory declaration received therewith and any document or malter put before it by the secretary under paragraph (1) and, subject to the provisions of this regulation. shall determine sither-

(g) that no inquiry shall be held; or

(5) that the complaint or information shall in whole or in part be referred to the Board for inquiry.

(3) Before coming to a determination under para- graph (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary."*.

8. Regulation 34 of the principal regulations is amended by deleting paragraph (1) and substituting the following-

"(1) At any meeting of the Board at which sentence on a defendant is to be decided, before the Board shall decide such sentence-

(a) the secretary or other person presenting the case to the Board may produce to the Board the records of any meeting of the Board at which an order was made against the defendant pursuant to section Il of the Ordinance; and

(b) the chairman shall ask the defendant whether be wishes to address the Board in respect of such

order.

(LA) AL any such meeting of the Board the defendant. in person or by his solicitor or counsel, may address the Board by way of mitigation and may adduce evidence as to circumstances leading to the commission of offence and to any previous offences and as to the character and antecedents of the defendant.".

9. The Second Schedule to the principal regulations is amended by deleting item 4 and substituting the following

Entrance fees for examinatip (a) Any examination

""4.

(b) Any re-examination

Clerk of Councils.

COUNCIL CHAMBER,

10th March 1970.

50

50"-

Amendment of regulation 34.

Amendment

of Second Schedule.

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