### Dentists (Registration and Disciplinary Procedure) Regulations 《牙醫(註冊及紀律處分程序)規例》

21. Documents to be available to each party
The Secretary on the request of the defendant or a complainant and on the payment of his reasonable charge therefor shall send to the defendant or to the complainant, as the case may be, copies of any document sent to the Secretary by the other party for the purposes of an inquiry. 
(L.N. 118 of 1968)

22. Notice to produce
Any party may at any time give to any other party notice to produce any document alleged to be in the possession of that party and, on failure to produce such document, may prove the contents thereof by any alternative method.

23. Amendment of notice
(1) Where before the hearing or at any stage of the hearing it appears to the Council that a notice of inquiry is defective, the Chairman may give such directions for the amendment of the notice as may be thought necessary to meet the circumstances of the case unless, having regard to the merits of the case, he is of the opinion that the required amendments cannot be made without injustice to the defendant. 
(2) The Secretary as soon as is practicable, after the amendment of a notice of inquiry, shall give notice in writing thereof to the defendant and to any complainant. (L.N. 118 of 1968)

24. Record of proceedings
(1) A shorthand writer may be appointed by the Council to prepare a verbatim record of the proceedings. 
(2) If a verbatim record of any proceedings or any part of any proceedings has been prepared the Chairman, on application to him by any party and on payment to him of a fee $43 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 118 of 1968; L.N. 124 of 1992; L.N. 81 of 2006)

25. Opening of inquiry
(1) At the opening of an inquiry the Secretary shall read the notice of inquiry. 
(2) If the defendant is not present or represented by his solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 17 and, on being satisfied as to such evidence, the Council may proceed with the inquiry in the absence of the defendant. 
(3) If the defendant is present at the inquiry the Chairman, immediately after the charge has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf.

### Dentists (Registration and Disciplinary Procedure) Regulations 《牙醫(註冊及紀律處分程序)規例》

26. Objections on point of law
(1) After the reading of the notice of inquiry the defendant, or his solicitor or counsel, may object to any charge on a point of law and, upon such objection, any other party to the inquiry may reply thereto and, if any such party replies to such objection, the defendant, or his solicitor or counsel, shall be permitted to answer such reply. 
(2) If such objection is upheld by the Council the charge to which such objection relates shall be considered only subject to such objection.

### Dentists (Registration and Disciplinary Procedure) Regulations 《牙醫(註冊及紀律處分程序)規例》

27. Order of procedure
Subject to the provisions of regulations 25 and 26, the following order of procedure shall be observed—
(a) the complainant, or his solicitor or counsel, or in their absence, or if there is 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) to carry out the duties of the Secretary in respect of that inquiry in the absence of a complainant and his solicitor or counsel; (4 of 1988 s. 7; L.N. 362 of 1997) 
(b) at the conclusion of the presentation of the case against the defendant, he or his solicitor or counsel may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced—
(i) that sufficient evidence has not 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, 
and where such submission is made, a reply thereto may be made by the complainant, or by his solicitor or counsel, or in their absence by the Secretary, and the defendant may answer such reply; 
(c) if 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 on that charge; and 
(iii) if the Council rejects the submission, the Chairman shall call upon the defendant to state his case; 
(d) the defendant, or his solicitor or counsel, may then adduce evidence in support of his case and may address the Council: 
Provided that 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; 
(e) at the conclusion of the case of the defendant, the complainant, or his solicitor or counsel, or in their absence the Secretary, may address the Council in reply, only if evidence has been adduced by or on behalf of the defendant other than by his own evidence, or with the special leave of the Council.

### Dentists (Registration and Disciplinary Procedure) Regulations 《牙醫(註冊及紀律處分程序)規例》

28. Postponement of judgment
(1) At the conclusion of the proceedings under regulation 27, the Council shall consider and determine whether to postpone judgment. 
(2) If the Council decides to postpone judgment, the judgment of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the Chairman shall announce the decision of the Council in such terms as the Council may approve. 
(3) If the Council decides not to postpone judgment, the Council shall consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction and whether the defendant is guilty of the offence charged. 
(4) When the Council has come to its decision under paragraph (3), the Chairman shall announce the decision of the Council in such terms as the Council may approve.

29. Notice of determination of judgment
(1) Where under the provisions of regulation 28(2), the judgment of the Council in respect of a charge stands postponed to a future meeting of the Council, the Secretary, not less than 1 week before the date fixed for such future meeting, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting; such notice shall be served in the manner provided by regulation 17 for the service of a notice of inquiry. 
(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant. 
(3) At such future meeting the Chairman may invite the Secretary to recall, for the information of the Council, the position in which the case stands and the Council may hear any other party to the proceedings. 
(4) The Council shall then consider and determine its judgment in accordance with the provisions of regulation 28 and shall announce its decision in the manner set forth in that regulation.

30. Postponement of sentence
(1) After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the offence charged, the Council shall consider and determine whether or not to postpone sentence on the defendant. 
(2) If the Council decides to postpone sentence, the sentence of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the Chairman shall announce the decision of the Council in such terms as the Council may approve.