1969-HKRS30-16-29_Part03 — Page 19

Determination by Committee that no inquiry be held.

Determination by Committee that inquiry

be held.

Third Scbedak, Food 2.

LO

relevant to or in support of the complaint or information and which is available.

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

(4) that no inquiry shall be held; or

(b) 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 paragraph (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it con- siders necessary.

20. If the Committee determine that no inquiry shall be held, the secretary shall inform the complainant, if any, and the defendant of the decision of the Committee and no inquiry shall be held.

21. If the Committee determine that an inquiry shall be held, the secretary, within thirty days after the determination of the Committee, shall serve on the defendant a notice of inquiry in accordance with Form 2 in the Third Schedule together with a copy of these regulations:

Provided that no notice of inquiry shall be issued without prior reference thereof to the legal adviser.

(2) Every notice of inquiry shall-

(a) specify, in the form of one or more charges, the matters

into which inquiry is to be made; and

(b) state the date, time and place at which the inquiry is to

be held.

(3) Except with the consent in writing of the defendant no inquiry shall be held within less than twenty-eight days after the date of service of the notice of inquiry upon the defendant.

(4) Service of a notice of inquiry on the defendant may be by registered post addressed to him at the address shown on the register or at his last address known to the secretary if different therefrom.

(5) Within the time stipulated for service of the notice of inquiry, the secretary shall send a copy of such notice to any complainant.

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22. The chairman may adjourn any inquiry to such date as be thinks fit:

Provided that notice of any such adjournment shall be given to the defendant and to any complainant.

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

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

25. The secretary, at the request of the defendant, or of any complainant, and upon payment of his reasonable charges there- for, if any, shall send for the purposes of the inquiry to the de- fendant or to such 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 hearing, it appears to the Board that a notice of inquiry is defec- tive 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 circum- stances, 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 amend- ment 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.

Adjournmeal of inquiry.

Reference back

lo Committee.

Documents to be furnished to the Board.

Documenta lo

be available to the parties.

Notice to produce.

Amendment

of notice of inquiry.