Contents of Section

Chapter:

164B PDFTitle:ENROLLED NURSES (ENROLMENT AND DISCIPLINARY PROCEDURE) REGULATIONSGazette Number:L.N. 117 of 1999
Regulation:31Heading:Order of procedureVersion Date:07/05/1999

The following order of procedure shall be observed-

        (a) the complainant, or his representative, or in their absence, or if there be no complainant, the secretary, shall present the case against the defendant and adduce the evidence in support thereof and shall close the case against the defendant:
          Provided that on the application of the chairman, the Secretary for Justice may appoint a legal officer within the meaning of the Legal Officers Ordinance (Cap 87), other than the legal adviser, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his representative; (5 of 1988 s. 6; L.N. 362 of 1997)
        (b) at the conclusion of the presentation of the case against the defendant, the defendant or his representative may make either or both of the following submissions in relation to any charge-
          (i) that no or insufficient evidence has been adduced upon which the Council can 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 offence charged;
        (c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative or, in their absence, by the secretary; and the defendant may make answer to such reply;
        (d) where a submission is made under paragraph (b), the Council shall consider and determine whether the submission shall be upheld and-
          (i) the chairman shall announce the determination of the Council; and
          (ii) if the Council upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty of that charge; and
          (iii) if the Council rejects the submission the chairman shall call upon the defendant to state his case;
        (e) the defendant, or his representative, may then adduce evidence in support of his case and may address the Council:
          Provided that, except with the leave of the Council, only one address may be made under this paragraph, and where evidence has been adduced by or on behalf of the defendant such address may be made either before or after such evidence has been adduced;
        (f) at the conclusion of the case for the defendant, the complainant or his representative or, in their absence, the secretary, may address the Council in reply but only if evidence by or on behalf of the defendant, other than the defendant's own evidence, has been adduced; or with the leave of the Council.
(L.N. 117 of 1999)