1964_MEDICAL_PRACTITIONERS_(REGISTRATION_AND_DISCIPLINARY_PROCEDURE)_REGULATIONS — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

1982 Ed.]

Medical Practitioners (Registration and Disciplinary Procedure) Regulations

[CAP. 161

All

20. (1) At the opening of an inquiry the Secretary of the Council shall read the notice of inquiry.

(2) If the defendant is not present or represented by his solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 14 and, on the Council being satisfied as to such evidence, may proceed with the inquiry in the absence of the defendant.

(3) If the defendant is present at the inquiry the Chairman, immediately after the charge has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf.

21. (1) After the reading of the notice of inquiry the defendant, in person, 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.

22. Subject to the provisions of regulations 20 and 21, the following order of procedure shall be observed-

(a) the complainant in person or his solicitor or counsel, or in their absence, or if there is no complainant, the Secretary of the Council, shall present the case against the defendant and adduce 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 the complainant and his solicitor or counsel;

(b) at the conclusion of the presentation of the case against the defendant, he, in person or by 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,

[Subsidiary]

Opening of inquiry.

Objections on point of law.

Order of procedure.

(Cap. 87.)

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1982 Ed.] Medical Practitioners (Registration and Disciplinary Procedure) Regulations [CAP. 161 All 20. (1) At the opening of an inquiry the Secretary of the Council shall read the notice of inquiry. (2) If the defendant is not present or represented by his solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 14 and, on the Council being satisfied as to such evidence, may proceed with the inquiry in the absence of the defendant. (3) If the defendant is present at the inquiry the Chairman, immediately after the charge has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. 21. (1) After the reading of the notice of inquiry the defendant, in person, 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. 22. Subject to the provisions of regulations 20 and 21, the following order of procedure shall be observed- (a) the complainant in person or his solicitor or counsel, or in their absence, or if there is no complainant, the Secretary of the Council, shall present the case against the defendant and adduce 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 the complainant and his solicitor or counsel; (b) at the conclusion of the presentation of the case against the defendant, he, in person or by 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, [Subsidiary] Opening of inquiry. Objections on point of law. Order of procedure. (Cap. 87.)

Baseline (Original)

1982 Ed.] Medical Practitioners (Registration and Disciplinary Procedure) Regulations [CAP. 161 All 20. (1) At the opening of an inquiry the Secretary of the Council shall read the notice of inquiry. (2) If the defendant is not present or represented by his solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 14 and, on the Council being satisfied as to such evidence, may proceed with the inquiry in the absence of the defendant. (3) If the defendant is present at the inquiry the Chairman, immediately after the charge has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. 21. (1) After the reading of the notice of inquiry the defend- ant, in person, 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. 22. Subject to the provisions of regulations 20 and 21, the following order of procedure shall be observed- (a) the complainant in person or his solicitor or counsel, or in their absence, or if there is no complainant, the Secretary of the Council, shall present the case against the defendant and adduce 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 the complainant and his solicitor or counsel; (b) at the conclusion of the presentation of the case against the defendant, he, in person or by 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, [Subsidiary] Opening of inquiry. Objections on point of law. Order of procedure. (Cap. 87.)

2026-05-05 00:41:34 · Baseline

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