HKLII Hong Kong Regulations

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CHINESE MEDICINE PRACTITIONERS (REGISTRATION) REGULATION - SECT 16

Order of procedures

Subject to sections 14 and 15, the following order of procedures must be
observed at an inquiry-

   (a)  the Board secretary or his legal representative shall present his case
        against the applicant and adduce evidence in support of it and shall
        close his case against the applicant;

   (b)  after the case of the Board secretary has been closed, the other party
        may make either or both of the following submissions in relation to
        any matter in respect of which evidence has been adduced that-

        (i)    the evidence adduced is not sufficient for the Board to find
               that the conviction or finding alleged in the notice of inquiry
               has been proved;

        (ii)   the conviction or finding as alleged is not one that should
               render the applicant unsuitable for registration as applied,
               and where any such submission is made, the Board secretary or
               his legal  representative may make a reply to it, and the other
               party may answer such reply;

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

        (i)    upholds the submission in respect of any conviction or finding
               alleged in the notice of inquiry, the Board shall record a
               finding that it is not satisfied that there was such conviction
               or finding or that the conviction or finding is not one that
               should render the applicant unsuitable for registration as
               applied and the Board chairman shall announce the determination
               of the Board; or

        (ii)   rejects the submission, the Board chairman shall announce the
               determination of the Board and shall call upon the applicant to
               state his case;

   (d)  the applicant or his legal representative may then adduce evidence in
        support of the case of the applicant and may make one and only one
        address to the Board, and where evidence has been adduced by or on
        behalf of the applicant the address may be made either before or after
        the evidence has been adduced;

   (e)  at the conclusion of the case of the applicant, the Board  secretary
        or his legal representative may address the Board in reply, and if
        such reply is made, the other party may make one and only one address
        to the Board in reply to such address.



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