### Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations 《醫務化驗師(註冊及紀律處分程序)規例》

28. Amendment of notice
(1) Where before the hearing or at any stage of the hearing it appears to the Board that a notice of inquiry is defective, the Chairman of the Board may give such directions for the amendment of the notice as he may consider 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 prejudice to the respondent.
(2) The Secretary shall, as soon as is practicable, after the amendment of a notice of inquiry, give notice in writing thereof to the respondent and to any complainant.

29. Interpretation
In this Part—
order (命令) means an order made by the Board in the exercise of its powers under section 22 of the Ordinance;
Secretary (秘書) includes a counsel, a solicitor or a legal officer appointed in pursuance of regulation 31. (L.N. 86 of 2004)

30. Record of proceedings
(1) A shorthand writer may be appointed by the Board 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 of the Board, on application to him by any party and on the payment of reasonable charges (if any), shall furnish such party with a copy of such record.

31. Appointment of counsel, solicitor or legal officer as Secretary
On the application of the Secretary of the Board appointed under section 5(4)(a) of the Ordinance, the Secretary for Justice may appoint a counsel, a solicitor or a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) to carry out the duties which a secretary has to perform in an inquiry where the complainant is not present or represented by counsel or solicitor.
(L.N. 362 of 1997; L.N. 86 of 2004)

32. Opening of inquiry
(1) At the opening of an inquiry the Secretary shall read the notice of inquiry.
(2) If the respondent is not present and is not represented by counsel or a solicitor at the opening of the inquiry, the Secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served on the respondent in accordance with regulation 23(4) and, on being satisfied as to such evidence, the Board may proceed with the inquiry in the absence of the respondent.
(3) If the respondent is present at the inquiry the Chairman of the Board, immediately after the notice of inquiry has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf.

### Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations 《醫務化驗師(註冊及紀律處分程序)規例》

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

34. Order of procedure before Board
(1) After the reading of the notice of inquiry the order of procedure set out in subregulations (2), (3), (4), (5), (6), (7) and (8) shall be observed.
(2) The complainant, or his counsel or solicitor, or in their absence, or if there is no complainant, the Secretary, shall present the case against the respondent, adduce the evidence in support thereof and then close the case against the respondent.
(3) At the close of the case against the respondent, he or his counsel or solicitor may make either or both of the following submissions in relation to any charge or allegation in respect of which evidence has been adduced—
(a) that sufficient evidence has not been adduced upon which the Board can find that the facts alleged in the complaint have been proved;
(b) that the facts alleged in the complaint are not such as to constitute the offence charged or the allegation made against the respondent.
(4) Where a submission is made under subregulation (3), a reply thereto may be made by the complainant, or by his counsel or solicitor, or in their absence by the Secretary, and the respondent may answer such reply.
(5) The Board shall determine whether the submission made under subregulation (3) shall be upheld and the Chairman of the Board shall announce the determination of the Board.
(6) If the Board—
(a) upholds the submission in respect of any charge or allegation, the finding shall be recorded that the respondent is not guilty on that charge or allegation;
(b) rejects the submission, the Chairman of the Board shall call upon the respondent to state his case.
(7) When called upon to state the case, the respondent, or his counsel or solicitor, may adduce evidence in support of his case and may address the Board once either before or after adducing evidence.
(8) At the conclusion of the case of the respondent, the complainant, or his counsel or solicitor, or in their absence the Secretary, may address the Board in reply—
(a) if evidence other than the respondent’s own evidence was adduced on the respondent’s behalf; or
(b) with the special leave of the Board.

### Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations 《醫務化驗師(註冊及紀律處分程序)規例》

35. Determination by Board or postponement to future meeting
At the conclusion of the proceedings the Board shall either—
(a) determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the respondent is guilty as alleged or charged; or
(b) postpone its determination to a future meeting to be held on a date to be decided by the Board,
and the Chairman of the Board shall announce the decision of the Board.

36. Notification of future meeting
(1) Where the Board decides to postpone its determination to a future meeting, the Secretary shall, not less than 1 week before the date fixed for such future meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting of the Board and invite the respondent to appear at such meeting.
(2) A notice under subregulation (1) shall be served in accordance with regulation 23(4), and a copy of the notice shall be sent to the complainant, if any.

37. Determination by Board at future meeting
At any future meeting of the Board referred to in regulation 35(b), the Board shall determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the Board finds the respondent guilty as alleged or charged and the Chairman of the Board shall announce the Board’s determination.

38. Making of an order or postponement to future meeting
Where the Board makes a finding of guilt or that any allegation against the respondent has been proved under regulation 35(a) or 37, it shall—
(a) if the respondent is a registered person, subject to regulation 41, make an order; and
(b) if the respondent is an applicant for registration, subject to regulation 41, decide whether to decline his application for registration; or
(c) postpone to a future meeting to be held on a date to be decided by the Board, the making of an order under paragraph (a) or a decision under paragraph (b),
and the Chairman of the Board shall announce the decision of the Board.

39. Notification of future meeting
(1) Where the Board postpones to a future meeting the making of an order or a decision under regulation 38, the Secretary shall, not less than 1 week before the date fixed for such meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting and inviting him to appear at the meeting.
(2) A notice under subregulation (1) shall be served on the respondent in accordance with regulation 23(4), and a copy of the notice shall be sent to the complainant, if any.