Hong Kong Regulations

CHINESE MEDICINE PRACTITIONERS (DISCIPLINE) REGULATION - SECT 16

Order of procedures

(1) Subject to subsection (2) and sections 13, 14 and 15, the following order
of proceedings must be observed at an inquiry-

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

   (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 charge in respect of which evidence has been adduced-

        (i)    that the evidence adduced is not sufficient for the Board to
               find that the facts alleged in that charge have been proved;

        (ii)   that the facts alleged in the charge are not such as to
               constitute the charge, and where 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 charge, the Board
               shall record a finding that the charge is not proved 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 defendant to
               state his case;

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

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

(2) At the request of the complainant or his legal representative, the Board
may permit the complainant or his legal representative to present the case
against the defendant if the Board thinks it appropriate in the circumstances
of the case and in that event, a reference to the Board secretary in
subsection (1) is to be read as a reference to the complainant.