Hong Kong Regulations

LAND SURVEY (DISCIPLINARY PROCEDURE) REGULATION - SECT 13

Order of proceeding

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

(1) Subject to subsection (2), the complainant shall-

   (a)  present the case against the defendant;

   (b)  adduce evidence in support of the case; and

   (c)  close the case against the defendant.

(2) Where the Authority is the complainant, on the application of the
Chairman, the Attorney General may appoint a legal officer within the meaning
of the Legal Officers Ordinance ( Cap 87) or a solicitor or counsel to carry
out the duties of the Authority in respect of the inquiry.

(3) At the conclusion of the presentation of the case against the defendant,
the defendant may make either or both of the following submissions in relation
to a charge in respect of which evidence has been adduced-

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

   (b)  that the facts alleged in that charge are not such as to constitute
        the disciplinary offence charged.

(4) Where a submission has been made under subsection (3), the complainant may
make a reply and the defendant may answer such reply.

(5) The Disciplinary Board shall consider and determine whether a submission
made under subsection (3) is to be upheld having regard to the reply and
answer, if any, made under subsection (4) and shall announce its
determination.

(6) If the Disciplinary Board upholds the defendant's submission in respect of
the charge, the Disciplinary Board shall dismiss the charge and record
accordingly.

(7) If the Disciplinary Board rejects the submission, the Chairman shall call
upon the defendant to state his case.

(8) After stating his case, the defendant may-

   (a)  adduce evidence in support of his case; and

   (b)  address the Disciplinary Board once.

(9) Where evidence is adduced by or on behalf of the defendant, the address
under subsection (8) may be made either before or after adducing evidence.

(10) At the conclusion of the case of the defendant, the complainant may
address the Disciplinary Board in reply-

   (a)  if evidence has been adduced by or on behalf of the defendant; or

   (b)  with the special leave of the Disciplinary Board if no evidence has
        been adduced by or on behalf of the defendant.