Hong Kong Regulations

PHARMACISTS (DISCIPLINARY PROCEDURE) REGULATIONS - REGULATION 6

Order of procedure

(1) Subject to regulation 5, the procedure specified in this regulation shall
be observed.

(2) The complainant, or his solicitor or counsel, or, in their absence or if
there is no complainant, the Secretary, may open the case against the
defendant and call evidence in support thereof.

(3) When the case against the defendant is closed, the defendant, or his
solicitor or counsel, may submit that insufficient evidence has been adduced
upon which the Disciplinary Committee can find that the charge has been
proved.

(4) If a submission is made under paragraph (3)-

   (a)  a reply thereto may be made by the complainant, or by his solicitor or
        counsel, or in their absence by the Secretary, and the defendant may
        answer such reply; and

   (b)  the Disciplinary Committee shall uphold or reject the submission.

(5) If the Disciplinary Committee upholds a submission made under paragraph
(3) in respect of any charge, the finding shall be recorded that the defendant
is not guilty on that charge, and if the Disciplinary Committee rejects the
submission, the chairman shall call upon the defendant to make his defence.

(6) The defendant, or his solicitor or counsel, may open his case, call
evidence and address the Disciplinary Committee: Provided that only one
address may be made by the defendant, or his counsel or solicitor, which may
be made either before or after evidence has been called by him.

(7) At the conclusion of the defendant's case, the complainant, or his
solicitor or counsel, or in their absence the Secretary, may address the
Disciplinary Committee in reply, if evidence has been called by the defendant
other than his own evidence.

(8) A legal officer, within the meaning of the Legal Officers  Ordinance (
Cap 87), may carry out the duties of the Secretary in an inquiry, in the
absence of the complainant and his solicitor or counsel.