Hong Kong Regulations

DENTISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS - REGULATION 27

Order of procedure

(Past version on 30/06/1997).

Subject to the provisions of regulations 25 and 26, the following order of
procedure shall be observed-

   (a)  the complainant, or his solicitor or counsel, or in their absence, or
        if there is no complainant, the Secretary, shall present the case
        against the defendant and adduce the evidence in support thereof and
        shall close the case against the defendant: Provided that, on the
        application of the Chairman, the Secretary for Justice may appoint a
        legal officer within the meaning of the Legal  Officers Ordinance (
        Cap 87) to carry out the duties of the Secretary in respect of that
        inquiry in the absence of a complainant and his solicitor or counsel;
        (4 of 1988 s. 7; L.N. 362 of 1997)

   (b)  at the conclusion of the presentation of the case against the
        defendant, he or 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)   hat the facts alleged in the charge are not such as to
               constitute the offence charged, and where such submission is
               made, 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;

   (c)  if a submission is made under paragraph (b), the Council shall
        consider and determine whether the submission shall be upheld and-

        (i)    the Chairman shall announce the determination of the Council;
               and

        (ii)   if the Council upholds the submission in respect of any charge,
               the finding shall be recorded that the defendant is not guilty
               on that charge; and

        (iii)  if the Council rejects the submission, the Chairman shall call
               upon the defendant to state his case;

   (d)  the defendant, or his solicitor or counsel, may then adduce evidence
        in support of his case and may address the Council: Provided that only
        one address may be made under this paragraph, and where evidence has
        been adduced by or on behalf of the defendant such address may be made
        either before or after such evidence has been adduced;

   (e)  at the conclusion of the case of the defendant, the complainant, or
        his solicitor or counsel, or in their absence the Secretary, may
        address the Council in reply, only if evidence has been adduced by or
        on behalf of the defendant other than by his own evidence, or with the
        special leave of the Council.