||Title:||MEDICAL PRACTITIONERS (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION||Gazette Number:|
|Section:||37||Heading:||Hearing of petition||Version Date:||30/06/1997|
(1) For the purpose of hearing a petition, the quorum of the Council is 5, including the Chairman.
(2) The petitioner and the respondent may each appear at the hearing of the petition and may be heard in person or by solicitor or counsel. If the petition is presented by more than 1 elector, they may appear at the hearing of the petition by a representative elected among themselves.
(3) The petitioner and the respondent, by himself or through solicitor or counsel, is each entitled to make opening statements, to call witnesses, to cross-examine any witnesses called by the other party and to address the Council.
(4) On the hearing of a petition complaining that the respondent was not duly elected and claiming the office for some other candidate, the respondent may give evidence to prove that that other candidate was not duly elected in his place, in the same manner as if he had presented a petition questioning the election of that candidate.
(5) If the petitioner or the respondent or both of them fail to appear, by himself or through solicitor or counsel, at the hearing, the Council may-
(6) If the Council hears a petition in the absence of any party, it shall consider the representation, if any, submitted by that party under section 35(2).
(a) adjourn the hearing to a later date;
(b) proceed to hear the petition in the absence of the party or parties; or
(c) where it is the petitioner who fails to appear, dismiss the petition.
(7) A petition is to be heard in private.
(8) The Chairman may-
(9) At the hearing of a petition, the Council may admit or reject any evidence adduced, whether oral or documentary, and the provisions of the Evidence Ordinance (Cap 8) relating to the admissibility of evidence do not apply in relation to a petition.
(a) extend the time appointed in this Part for doing any thing notwithstanding that the time appointed may have expired;
(b) postpone the day or time fixed, or adjourn the hearing of, a petition;
(c) at the request of the petitioner or respondent, by notice in writing summon any person to appear before the Council on the hearing of a petition and examine him as a witness either on oath or otherwise;
(d) at the hearing of a petition and subject to the giving to the Chairman of at least 7 days' written notice of inspection before the hearing specifying the document or ballot paper to be inspected, permit any person to inspect any document or ballot paper relating to that election which is in the custody of the Secretary.