Hong Kong Ordinances

LAND SURVEY ORDINANCE - SECT 23

Inquiry by Disciplinary Board

(1) In relation to an inquiry, every question before a Disciplinary  Board
shall be determined by the opinion of the majority of the members of the Board
except that a question of law shall be decided by the chairman.

(2) The inquiry shall be held in public unless the Disciplinary  Board decides
that the inquiry, or any part of the inquiry, shall be held in private upon
the application of the authorized land surveyor who is the subject of the
inquiry.

(3) Where the inquiry is held in private, the Disciplinary Board may exclude
from the inquiry any person who is not a party to the inquiry or who is not a
witness, counsel or solicitor of such a party.

(4) Where an authorized land surveyor is alleged to have committed a
disciplinary offence under section 20(a) or (c), a Disciplinary Board-

   (a)  shall not be required to inquire whether the authorized land  surveyor
        was properly convicted of the alleged offence; and

   (b)  may consider any record of the case in which the conviction was
        recorded and any other evidence which is relevant as showing the
        nature and gravity of the offence.

(5) The Disciplinary Board may, in deciding whether a person has committed a
disciplinary offence, have regard to any code of professional conduct or
practice currently in use by the Institute. (Enacted 1995)