1969-HKRS30-16-29_Part03 — Page 21

Postponement

of judgment.

Notice of determination of judgment.

Postponement

of sentence.

Matters in mitigation of sentence.

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32. (1) Ai the conclusion of the proceedings the Board shall consider and determine whether to postpone judgment.

(2) If the Board decides to postpone judgment, the judgment of the Board shall stand postponed until such future meeting of the Board as the Board may determine, and the chairman shall announce the decision of the Board in such terms as the Board may approve.

(3) If the Board decides not to postpone judgment, the Board shall consider and determine whether the facts alleged in any charge before the Board have been proved to its satisfaction and whether the defendant is guilty of the matter charged,

(4) When the Board has come to its decision under para- graph (3), the chairman shall announce the decision of the Board in such terms as the Board may approve.

33. (1) Where, under the provisions of paragraph (2) of regulation 32, the judgment of the Board in respect of any charge stands postponed to a future meeting of the Board, the secretary. not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21. serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting.

(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.

(3) The Board shall consider and determine its judgment and the chairman shall announce the decision of the Board in such terms as the Board may approve.

34. (1) After the announcement of the decision of the Board in respect of the charge, if such decision be a finding of guilty of the matter charged, the Board shall consider and determine whether or not to postpone sentence upon the defendant.

(2) If the Board decides to postpone sentence, the sentence of the Board shall stand postponed until such future meeting of the Board as the Board may decide, and the chairman shall agnounce the decision of the Board in such terms as the Board

may approve.

35, (1) Al say 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

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meeting of the Board at which an order was made against the defendant pursuant to section 11 of the Ordinance; and

(b) the chairman shall ask the defendant whether he wishes

to address the Board in respect of such order.

(2) At any such meeting of the Board the defendunt, in person or by his solicitor or counsel, may address the Board by way of mitigation and may adduce evidence as to the circum- stances leading to the commission of the offence and to any previous offences and as to the character and antecedents of the defendunt.

(3) The Board shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Board in such terms as the Board may approve.

(4) If the defendant fails to attend, personally or by his representative, the announcement of the decision of the Board, the secretary, in the manner prescribed in paragraph (4) of regula- tion 21 shall, within seven days after the announcement of the decision, serve upon the defendant a notice setting out the terms of such decision.

36. (1) Where, in accordance with the provisions of regula- tion 34, the sentence of the Board in respect of any charge stands postponed to a future meeting of the Board, the secretary, not less than seven days before the date fixed for such future meeting. shail, in the manner prescribed in paragraph (4) of regulation 21. serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting.

(2) If there is a complainant in respect of the charge in question, a copy of the notice shall be sent to such complainant.

37. (1) Evidence may be taken by the Board by oral state- ment on oath or by written deposition or statement.

(2) A summons to any person requiring him to attend an inquiry to give evidence or to produce any document or other thing in his possession or control in accordance with the provi- sions of section 12 of the Ordinance may be in accordance with Form 3 in the Third Schedule.

(3) Every witness may be examined by the party calling him and may then be cross-examined by the other party and thereafter be re-examined upon matters arising out of such cross-examination by the party calling the witness.

Notice of postponement of sentence.

Evidence.

Third Schedale. Farm 1.