1970 Ed.] Enrolled Assistant Nurses (Enrolment and [CAP. 164 Disciplinary Procedure) Regulations.
(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 statement 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 provisions of section 18 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.
(4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination.
(5) The chairman, and members of the Board through the chairman, may put such questions to the parties or to any witness as they may think expedient, or, at the request of the chairman, the legal adviser may put such questions.
38. (1) In the taking of the votes of the members of the Board on any question to be determined by the Board, the chairman shall call upon the members to signify their votes and shall thereupon declare the determination of the Board in respect of such question.
(2) Where on any question to be determined by the Board the votes are equal, the question shall be deemed to have been decided in favour of the defendant.
(3) No person other than a member of the Board, the secretary and the legal adviser shall be present when the members of the Board vote on any matter.
PART VI.
DUTIES OF LEGAL ADVISER.
39. The legal adviser shall be present at every inquiry held by the Board under section 15 or 17 of the Ordinance and no such inquiry shall be deemed valid if the legal adviser is not present throughout the proceedings.
40. (1) When the legal adviser advises the Board on any question of law or as to evidence, procedure or any other matter in the course of any inquiry held by the Board under section 15 or 17 of the Ordinance he shall do so in the presence of every
B 15
[Subsidiary]
Evidence.
Third Schedule, Form 3.
Voting.
Attendance at disciplinary inquiries.
Advice by legal adviser at disciplinary inquiries.
1
Page 15
Page 16
1970 Ed.] Enrolled Assistant Nurses (Enrolment and [CAP. 164 Disciplinary Procedure) Regulations.
(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 18 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.
(4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination.
(5) The chairman, and members of the Board through the chairman, may put such questions to the parties or to any witness as they may think expedient, or, at the request of the chairman, the legal adviser may put such questions.
38. (1) In the taking of the votes of the members of the Board on any question to be determined by the Board, the chair- man shall call upon the members to signify their votes and shall thereupon declare the determination of the Board in respect of such question.
(2) Where on any question to be determined by the Board the votes are equal, the question shall be deemed to have been decided in favour of the defendant.
(3) No person other than a member of the Board, the secretary and the legal adviser shall be present when the members of the Board vote on any matter.
PART VI.
DUTIES OF LEGAL ADVISER.
39. The legal adviser shall be present at every inquiry held by the Board under section 15 or 17 of the Ordinance and no such inquiry shall be deemed valid if the legal adviser is not present throughout the proceedings.
40. (1) When the legal adviser advises the Board on any question of law or as to evidence, procedure or any other matter in the course of any inquiry held by the Board under section 15 or 17 of the Ordinance he shall do so in the presence of every
B 15
[Subsidiary]
Evidence.
Third Schedule, Form 3.
Voting.
Attendance at disciplinary inquiries.
Advice by legal adviser at disciplinary inquiries.
1
Page 15Page 16
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