1964_ENROLLED_NURSES_(ENROLMENT_AND_DISCIPLINARY_PROCEDURE)_REGULATIONS — Page 12

B 12

[Subsidiary]

Objections on point of law.

Order of procedure.

(Cap. 87.)

CAP. 164] Enrolled Assistant Nurses (Enrolment and

Disciplinary Procedure) Regulations.

[1970 Ed.

(3) If the defendant is present at the inquiry, the chairman, immediately 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.

30. (1) After the reading of the notice of inquiry, the de- fendant, or his representative, may object to any charge on a point of law and, upon such objection, any other party to the proceedings may reply thereto and, if any such party replies to such objection, the defendant, or his representative, shall be per- mitted 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.

5 of ANs6

31. 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:

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, other than the legal adviser, 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-

(i) that no or insufficient evidence has been adduced upon which the Board 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;

(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative or, in their absence, by the secretary; and the defendant may make answer to such reply; (d) where a submission is made under paragraph (b), the Board shall consider and determine whether the submis- sion shall be upheld and-

(i) the chairman shall announce the determination of the Board, and