1964_DENTISTS_(REGISTRATION_AND_DISCIPLINARY_PROCEDURE)_REGULATIONS — Page 11

1977 Ed.]

Dentists (Registration and Disciplinary Procedure) Regulations

[CAP. 156

A 11

26. (1) After the reading of the notice of inquiry the defendant, or his solicitor or counsel, 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 his solicitor or counsel, shall be permitted to answer such reply.

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

27. Subject to the provisions of regulations 25 and 26, the following order of procedure shall be observed-

(a) the complainant, or his solicitor or counsel, or in their absence, 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:

Chairman

Provided that, on the application of the Director, the Attorney General may appoint a legal officer within the meaning of the Legal Officers Ordinance to carry out the duties of the Secretary in respect of that inquiry in the absence of a complainant and his solicitor or counsel;

(b) at the conclusion of the presentation of the case against the defendant, he or his solicitor or counsel may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced-

(i) that sufficient evidence has not been adduced upon which the Council can find that the facts alleged in that charge have been proved;

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

and where such submission 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;

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

(i) the Chairman shall announce the determination of the Council; and

(ii) if the Council upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty on that charge; and

(iii) if the Council rejects the submission, the Chairman shall call upon the defendant to state his case;

[Subsidiary]

Objections on point of law.

Order of procedure.

(Cap. 87.)