| (Cap 473 section 37(2)) [20 June 1997] (L.N. 216 of 1997) Cap 473B s 1 (Omitted as spent) (Omitted as spent) Cap 473B s 2 Interpretation In this Regulation, unless the context otherwise requires- "Chairman" (主席) means the chairman of a Disciplinary Board; "complainant" (投诉人) means- (a) in the case of a complaint made under section 21(1) of the Ordinance, the person who made the complaint and includes the Authority where the Authority has indicated under section 11(4) that he is prepared to take over the complaint; (b) in the case of a complaint made under section 21(3) of the Ordinance, the Authority;"defendant" (被告人) means the authorized land surveyor in respect of whom a Disciplinary Board has been appointed to conduct an inquiry into his conduct; "disciplinary action" (纪律制裁) means an order under section 25 of the Ordinance; "inquiry" (研讯) means an inquiry conducted under section 22 of the Ordinance; "party" (一方) means the complainant or the defendant; "secretary" (秘书) means the secretary to a Disciplinary Board appointed under section 22(4) of the Ordinance. Cap 473B s 3 Inquiry by Disciplinary Board (1) After the appointment of a Disciplinary Board, the Chairman shall fix a date, being a date not later than 3 months after the appointment of the Disciplinary Board, upon which the inquiry is proposed to be conducted. (2) At least 28 days before the date fixed under subsection (1), the secretary shall serve on the defendant, the complainant and the Authority where he is not the complainant, a notice of inquiry. (3) A notice of inquiry to be served under subsection (2) shall- (a) specify the subject-matter of the inquiry in the form of a charge or charges for a disciplinary offence or offences; (b) state the date, time and place at which the inquiry is proposed to be conducted; and (c) be accompanied by a copy of the Ordinance and this Regulation. Cap 473B s 4 Adjournment (1) Before or at any stage of an inquiry, a Disciplinary Board may, on its own motion or on the application of any party, adjourn the inquiry to such date as the Disciplinary Board thinks fit. (2) The Disciplinary Board shall, in ordering an adjournment under subsection (1), have regard to the submissions, if any, of the parties to the inquiry in relation to the application for adjournment and the effect of such adjournment on the parties. Cap 473B s 5 Extension of time A Disciplinary Board may, on its own motion or on the application of any party, extend any time in this Regulation on such terms as it thinks fit, except for the time limit within which the Chairman is to fix a date for the conduct of an inquiry. Cap 473B s 6 Documents to be furnished to Disciplinary Board and other party Each party shall furnish to the secretary, not less than 10 days before the date of the inquiry, 2 copies of each document upon which the party intends to rely at the inquiry and shall at the same time furnish to the other party one copy of each such document. Cap 473B s 7 Notice to produce The complainant or the defendant may at any time give a written notice to the other party requiring that other party to produce any document alleged to be in the custody or under the control of that other party and which is relevant to the inquiry and, on that other party's failure to produce the document, may prove the contents of the document by any alternative method. Cap 473B s 8 Amendment of notice of inquiry (1) Where before or at any stage of an inquiry it appears to the Disciplinary Board that a notice of inquiry served under section 3 is defective, the Chairman may give directions for the amendment of the notice as he thinks necessary and may also adjourn the inquiry upon such terms as he thinks fit and make orders as to costs (including orders as to costs in favour of either party irrespective of the outcome of proceedings, where in the opinion of the Chairman, the justice of the case requires it). (2) The Chairman shall not give directions under subsection (1) if, having regard to the merits of the case, he is of the opinion that the required amendment cannot be made without injustice to the defendant. (3) The secretary shall, as soon as it is practicable after the amendment under subsection (1) of a notice of inquiry, give notice in writing of the amendment to the parties. Cap 473B s 9 Records of proceedings (1) A Disciplinary Board shall appoint a person to prepare a verbatim record of the proceedings of an inquiry. (2) The secretary shall keep the record and the Chairman may furnish a copy of the record on application to him by a party to the inquiry. Cap 473B s 10 Opening of inquiry (1) If an inquiry is conducted pursuant to a complaint under section 21(1) of the Ordinance and the complainant is absent at the opening of the inquiry, the Chairman shall adjourn the inquiry to a later date. (2) At the opening of an inquiry and where the complainant is present, the secretary shall read the charge specified in the notice of inquiry. |
