Hong Kong Regulations

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

Matters in mitigation of sentence

(Past version on 30/06/1997).

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

   (a)  the secretary or other person presenting the case to the Council may
        produce to the Council the records of any meeting of the Council 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
        Council in respect of such order.

(2) At any such meeting of the Council the defendant, in person or by his
solicitor or counsel, may address the Council 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 Council shall then consider and determine the sentence on the
defendant and the chairman shall announce the decision of the Council in such
terms as the Council may approve.

(4) If the defendant fails to attend, personally or by his representative, the
announcement of the decision of the Council, 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. (L.N. 117 of 1999)