Hong Kong Regulations

MEDICAL LABORATORY TECHNOLOGISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS - REGULATION 34

Order of procedure before Board

(1) After the reading of the notice of inquiry the order of procedure set out
in subregulations (2), (3), (4), (5), (6), (7) and (8) shall be observed.

(2) The complainant, or his counsel or solicitor, or in their absence, or if
there is no complainant, the Secretary, shall present the case against the
respondent, adduce the evidence in support thereof and then close the case
against the respondent.

(3) At the close of the case against the respondent, he or his counsel or
solicitor may make either or both of the following submissions in relation to
any charge or allegation in respect of which evidence has been adduced-

   (a)  that sufficient evidence has not been adduced upon which the Board can
        find that the facts alleged in the complaint have been proved;

   (b)  that the facts alleged in the complaint are not such as to constitute
        the offence charged or the allegation made against the respondent.

(4) Where a submission is made under subregulation (3), a reply thereto may be
made by the complainant, or by his counsel or solicitor, or in their absence
by the Secretary, and the respondent may answer such reply.

(5) The Board shall determine whether the submission made under subregulation
(3) shall be upheld and the Chairman of the Board shall announce the
determination of the Board.

(6) If the Board-

   (a)  upholds the submission in respect of any charge or allegation, the
        finding shall be recorded that the respondent is not guilty on that
        charge or allegation;

   (b)  rejects the submission, the Chairman of the Board shall call upon the
        respondent to state his case.

(7) When called upon to state the case, the respondent, or his counsel or
solicitor, may adduce evidence in support of his case and may address the
Board once either before or after adducing evidence.

(8) At the conclusion of the case of the respondent, the complainant, or his
counsel or solicitor, or in their absence the Secretary, may address the Board
in reply-

   (a)  if evidence other than the respondent's own evidence was adduced on
        the respondent's behalf; or

   (b)  with the special leave of the Board. (Enacted 1990)