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

40. Making of order at future meeting
At any future meeting referred to in regulation 38, the Board shall, subject to regulation 41—
(a) if the respondent is a registered person, determine the order to be made; and
(b) if the respondent is an applicant for registration, decide whether to decline his application for registration,
and the Chairman of the Board shall announce the determination or decision of the Board.

41. Opportunity for mitigation
(1) At any meeting of the Board at which the Board makes in respect of a respondent an order or a decision to decline his application for registration, before the order or decision is made, an opportunity shall be given to the respondent or his counsel or solicitor to make a statement in mitigation and to adduce evidence as to the circumstances leading to the commission of the offence or the conduct complained of and as to the character and antecedents of the respondent.
(2) At any meeting referred to in subregulation (1), before the order or decision of the Board is made—
(a) the Secretary or any other person presenting the case against the respondent may, if the respondent has been the subject of a previous order, produce to the Board the records of the meeting at which that order was made; and
(b) the respondent, in person or by his counsel or solicitor, may make a statement by way of mitigation and adduce evidence as to the circumstances leading to the previous order.

42. Evidence
(1) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement.
(2) A summons under section 23(1)(b) of the Ordinance to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession shall be in accordance with Form 5 in Schedule 2.
(3) Every witness shall be examined by the party producing him, and may then be cross-examined by the other party and may be re-examined by the party producing that witness only upon matters arising out of the cross-examination.
(4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination.
(5) The Chairman of the Board, and members of the Board through the Chairman of the Board, may put such questions to the parties or to any witness as they may think desirable, and the other parties may then re-examine such party or witness on matters arising out of such questioning.

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

43. Voting
(1) In the taking of the votes of the Board on any question to be determined by it, the Chairman of the Board shall call upon the members to signify their votes and shall thereupon declare the determination of the Board in respect of such question.
(2) Where the determination of the Board so declared by the Chairman of the Board is challenged by any member of the Board, the Chairman of the Board shall call upon each member severally to declare his vote, announce his own vote and announce the number of members of the Board who have voted each way, and the result of the vote.
(3) Where on any question to be determined by the Board the votes are equal, the question shall be deemed to have been decided in favour of the respondent.
(4) No person other than members of the Board and the Legal Adviser shall be present when the Board votes on any matter.

44. Inquiry by the Board
The Legal Adviser shall be present at every inquiry held by the Board in accordance with section 13 or 22 of the Ordinance and no such inquiry shall commence if the Legal Adviser is not present.

45. Ordinary meetings of Board
The Chairman of the Board may give to the Legal Adviser prior notice that his advice may be required at any meeting of the Board, other than an inquiry under section 13 or 22 of the Ordinance, or at any meeting of the Committee and, if such notice is given, the Legal Adviser shall be present at such meeting.

46. Advice by Legal Adviser
(1) When the Legal Adviser advises the Board on any question of law as to evidence, procedure or any other matter in any inquiry under section 13 or 22 of the Ordinance he shall do so in the presence of every party to the proceedings or the person representing each party or, if the advice is tendered after the Board has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed of the advice that the Legal Adviser has tendered.
(2) In any case where the Board does not accept the advice of the Legal Adviser on any such question as aforesaid, every such party or person shall be informed of this fact.

47. Application to section 13(3) inquiry
Where specific provision has not been made in these regulations in respect of an inquiry held for the purposes of section 13(3) of the Ordinance, any provision applicable to an inquiry held for the purposes of section 22 of the Ordinance shall apply and may be construed with such modifications not affecting the substance as may be necessary to render it conveniently applicable.

### Water Pollution Control (Port Shelter Water Control Zone) (Appointed Days) Order 《水污染管制(牛尾海水質管制區)(指定日期)令》

1. Citation
This Order may be cited as the Water Pollution Control (Port Shelter Water Control Zone) (Appointed Days) Order.
(E.R. 6 of 2019)

2. Application
This Order applies to the Port Shelter Water Control Zone.
(E.R. 6 of 2019)

3. Appointed days
The day appointed—
(a) under section 7(2) of the Ordinance is 1 August 1989; and
(b) under section 7(3) of the Ordinance is 1 April 1990.

4. Application of the appointed days
The day appointed—
(a) in paragraph 3(a) applies to the discharge or deposit of discharges and deposits from all sources other than discharges and deposits made in accordance with the Waste Disposal Ordinance (Cap. 354); and (E.R. 6 of 2019)
(b) in paragraph 3(b) applies to the existing discharges or deposits of discharges and deposits from all sources other than discharges and deposits made in accordance with the Waste Disposal Ordinance (Cap. 354).

### Water Pollution Control (Junk Bay Water Control Zone) (Appointed Days) Order 《水污染管制(將軍澳水質管制區)(指定日期)令》

1. Citation
This Order may be cited as the Water Pollution Control (Junk Bay Water Control Zone) (Appointed Days) Order.
(E.R. 5 of 2019)

2. Application
This Order applies to the Junk Bay Water Control Zone.
(E.R. 5 of 2019)

3. Appointed days
The day appointed—
(a) under section 7(2) of the Ordinance is 1 August 1989; and
(b) under section 7(3) of the Ordinance is 1 April 1990.

4. Application of the appointed days
The day appointed—
(a) in paragraph 3(a) applies to the discharge or deposit of discharges and deposits from all sources other than discharges and deposits made in accordance with the Waste Disposal Ordinance (Cap. 354); and (E.R. 5 of 2019)
(b) in paragraph 3(b) applies to the existing discharges or deposits of discharges and deposits from all sources other than discharges and deposits made in accordance with the Waste Disposal Ordinance (Cap. 354).

### Water Pollution Control (Mirs Bay Water Control Zone) (Appointed Days) Order 《水污染管制(大鵬灣水質管制區)(指定日期)令》

1. Citation
This Order may be cited as the Water Pollution Control (Mirs Bay Water Control Zone) (Appointed Days) Order.
(E.R. 6 of 2019)

2. Application
This Order applies to the Mirs Bay Water Control Zone.
(E.R. 6 of 2019)

3. Appointed days
The day appointed—
(a) under section 7(2) of the Ordinance is 1 December 1990; and
(b) under section 7(3) of the Ordinance is 1 June 1991.

### Water Pollution Control (North Western Water Control Zone) Order 《水污染管制(西北部水質管制區)令》

1. Citation
This Order may be cited as the Water Pollution Control (North Western Water Control Zone) Order.

2. Declaration of North Western Water Control Zone
That part of Hong Kong described in the Schedule is declared to be a water control zone for the purposes of the Ordinance, and is to be known as the North Western Water Control Zone.

3. Designation of Authority
The Director of Environmental Protection is designated as the Authority for the North Western Water Control Zone.