C 10
CAP. 199]
Royal Hong Kong Regiment (Pensions) Regulations
[1973 Ed.
[Subsidiary] Procedure at hearing.
Evidence.
Schedule,
Penalty for failure to give evidence.
Notice of evidence by medical practitioner.
30. (1) The Tribunal shall give an opportunity to the appellant to address the Tribunal, give evidence and call witnesses.
(2) At the conclusion of the presentation of an appeal by the appellant, the Tribunal shall give the Board an opportunity to address the Tribunal and call witnesses.
(3) The Tribunal shall permit the appellant and the Board to comment, orally or in writing, on any evidence, documentary or otherwise, given in an appeal.
31. (1) Evidence may be taken by the Tribunal by oral statement on oath or by written deposition or statement.
(2) A summons to any person requiring him to attend a hearing of an appeal to give evidence or produce any document or other thing in his possession may be served in Form 2 in the Schedule.
(3) Every witness may be examined by the party producing him and cross-examined by the other party and thereafter be re-examined by the party producing him upon matters arising out of the cross-examination.
(4) The Tribunal may decline to admit the evidence of any deponent who is not present for, or who declines to submit to, cross-examination.
(5) The chairman, and members of the Tribunal, may put such questions to the parties or to any witness as they think expedient.
32. Any person who is summoned under regulation 31(2) to attend a hearing of an appeal to give evidence or produce any document or other thing refuses or neglects to do so or to answer any question put to him by or with the leave of the Tribunal shall be guilty of an offence and shall be liable on summary conviction to a fine of $1,000 and to imprisonment for 3 months:
Provided that no person shall be required to answer any question or produce any document or other thing which, in the opinion of the Tribunal, may tend to incriminate himself; and every witness shall, in respect of any evidence given by him before the Tribunal, be entitled to the same privileges as those to which he would be entitled if he were giving evidence before a court of justice.
33. Where the appellant or the Board intends to call a medical practitioner as a witness at the hearing, the party who intends to call the witness shall give notice of such intention to the secretary not less than 7 days before the day fixed for the hearing, and the secretary shall notify the other party, who shall then be entitled to call a medical practitioner to give evidence on his behalf without giving notice.
Page 10
Page 11
C 10
CAP. 199]
Royal Hong Kong Regiment (Pensions) Regulations
[1973 Ed.
[Subsidiary] Procedure at hearing.
Evidence.
Schedule,
Penalty for failure to give evidence.
Notice of evidence by medical practitioner.
30. (1) The Tribunal shall give an opportunity to the appel- lant to address the Tribunal, give evidence and call witnesses.
(2) At the conclusion of the presentation of an appeal by the appellant, the Tribunal shall give the Board an opportunity to address the Tribunal and call witnesses.
(3) The Tribunal shall permit the appellant and the Board to comment, orally or in writing, on any evidence, documentary or otherwise, given in an appeal.
31. (1) Evidence may be taken by the Tribunal by oral statement on oath or by written deposition or statement.
(2) A summons to any person requiring him to attend a hearing of an appeal to give evidence or produce any document or other thing in his possession may be served in Form 2 in the Schedule.
(3) Every witness may be examined by the party producing him and cross-examined by the other party and thereafter be re-examined by the party producing him upon matters arising out of the cross-examination.
(4) The Tribunal may decline to admit the evidence of any deponent who is not present for, or who declines to submit to, cross-examination.
(5) The chairman, and members of the Tribunal, may put such questions to the parties or to any witness as they think expedient.
32. Any person who is summoned under regulation 31(2) to attend a hearing of an appeal to give evidence or produce any document or other thing refuses or neglects to do so or to answer any question put to him by or with the leave of the Tribunal shall be guilty of an offence and shall be liable on summary conviction to a fine of 1,000 dollars and to imprisonment for 3 months:
Provided that no person shall be required to answer any question or produce any document or other thing which, in the opinion of the Tribunal, may tend to incriminate himself; and every witness shall, in respect of any evidence given by him before the Tribunal, be entitled to the same privileges as those to which he would be entitled if he were giving evidence before a court of justice.
33. Where the appellant or the Board intends to call a medical practitioner as a witness at the hearing, the party who intends to call the witness shall give notice of such intention to the secretary not less than 7 days before the day fixed for the hearing, and the secretary shall notify the other party, who shall then be entitled to call a medical practitioner to give evidence on his behalf without giving notice.
Page 10Page 11
No comments yet.
Private notes are available after approval.