Hong Kong Regulations

ENROLLED NURSES (ENROLMENT AND DISCIPLINARY PROCEDURE) REGULATIONS - REGULATION 35

Matters in mitigation of sentence

Caution: This is a past version. See the current version here.

(1) At any meeting of the Board at which sentence on a defendant is to be
decided, before the Board shall decide such sentence-

   (a)  the secretary or other person presenting the case to the Board may
        produce to the Board the records of any meeting of the Board at which
        an order was made against the defendant pursuant to section 17 of the
        Ordinance; and

   (b)  the chairman shall ask the defendant whether he wishes to address the
        Board in respect of such order.

(2) At any such meeting of the Board the defendant, in person or by his
solicitor or counsel, may address the Board by way of mitigation and may
adduce evidence as to the circumstances leading to the commission of the
offence and to any previous offences and as to the character and antecedents
of the defendant.

(3) The Board shall then consider and determine the sentence on the defendant
and the chairman shall announce the decision of the Board in such terms as the
Board may approve.

(4) If the defendant fails to attend, personally or by his representative, the
announcement of the decision of the Board, the secretary, in the manner
prescribed in paragraph (4) of regulation 21 shall, within seven days after
the announcement of the decision, serve upon the defendant a notice setting
out the terms of such decision.