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

19. Consideration of complaint or information by the Committee
(1) At the meeting at which the complaint or information is considered by the Committee, the secretary shall put before the Committee the complaint or information, any statutory declaration received therewith, any explanation submitted by the defendant and any other document or matter in the nature of evidence relevant to or in support of the complaint or information and which is available.
(2) The Committee, having regard to any explanation or declaration made by the defendant, shall consider the complaint or information, any statutory declaration received therewith and any document or matter put before it by the secretary under paragraph (1) and, subject to the provisions of this regulation, shall determine either—
(a) that no inquiry shall be held; or
(b) that the complaint or information shall in whole or in part be referred to the Council for inquiry. (L.N. 116 of 1999)
(3) Before coming to a determination under paragraph (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary.
(L.N. 34 of 1970)

20. Determination by Committee that no inquiry be held
If the Committee determines that no inquiry shall be held, the secretary shall inform the complainant, if any, and the defendant of the decision of the Committee and no inquiry shall be held.
(L.N. 235 of 1996)

21. Determination by Committee that inquiry be held
(1) If the Committee determines that an inquiry shall be held, the secretary, within thirty days after the determination of the Committee, shall serve on the defendant a notice of inquiry in accordance with Form 2 in the Third Schedule together with a copy of these regulations: 
Provided that no notice of inquiry shall be issued without prior reference thereof to the legal adviser. 
(2) Every notice of inquiry shall—
(a) specify, in the form of one or more charges, the matters into which inquiry is to be made; and 
(b) state the date, time and place at which the inquiry is to be held. 
(3) Except with the consent in writing of the defendant no inquiry shall be held within less than twenty-eight days after the date of service of the notice of inquiry upon the defendant. 
(4) Service of a notice of inquiry on the defendant may be by registered post addressed to him at the address shown on the register or at his last address known to the secretary if different therefrom. 
(5) Within the time stipulated for service of the notice of inquiry, the secretary shall send a copy of such notice to any complainant.

22. Adjournment of inquiry
The chairman may adjourn any inquiry to such date as he thinks fit: 
Provided that notice of any such adjournment shall be given to the defendant and to any complainant.

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

23. Reference back to Committee
(1) Where, after a complaint or information has been referred to the Council for inquiry and further information is subsequently produced in writing which suggests that an inquiry ought not to be held, the Council may refer the case back to the Committee for further consideration. (L.N. 116 of 1999)
(2) As soon as may be after the giving of any such direction the secretary shall give notice thereof to the defendant and to any complainant.

24. Documents to be furnished to the Council
The defendant and any complainant shall furnish to the secretary, not later than ten days before the date of an inquiry or such lesser period as the Council may determine, two copies of all documents upon which he intends to rely at the hearing of such inquiry.
(L.N. 116 of 1999)

25. Documents to be available to the parties
The secretary, at the request of the defendant, or of any complainant, and upon payment of his reasonable charges therefor, if any, shall send for the purposes of the inquiry to the defendant or to such complainant, as the case may be, copies of any document submitted to him by the other party to the proceedings.

26. Notice to produce
Any party to an inquiry may at any time after service of notice of the inquiry give to any other party thereto notice to produce any document alleged to be in the possession of that party and relevant to the subject matter of the inquiry and, on failure to produce such document, may prove the contents thereof by other evidence given at the inquiry.

27. Amendment of notice of inquiry
(1) Where before the hearing, or at any stage during the hearing, it appears to the Council that a notice of inquiry is defective in any respect the chairman 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 circumstances, he is of the opinion that the amendments required may not be made without resulting in an injustice to the defendant.
(2) The secretary, as soon as is practicable after the amendment of any notice of inquiry, shall give notice in writing of such amendment to the defendant and to any complainant unless the amendment is directed verbally by the chairman in the presence of the parties thereto at the hearing of an inquiry by the Council.
(L.N. 116 of 1999)

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

28. Record of proceedings
(1) A shorthand writer may be appointed by the Council for the purpose of any inquiry. (L.N. 116 of 1999)
(2) If a verbatim record of any proceedings has been prepared, the secretary, on application made to him by any party to such proceedings and upon payment to him of a fee of $43 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 85 of 2006)
(L.N. 128 of 1992)

29. Opening of inquiry
(1) At the opening of any inquiry the secretary shall read the notice of inquiry to all persons being present at the inquiry.
(2) If the defendant is not present or represented 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 upon the defendant in accordance with the provisions of paragraph (4) of regulation 21 and, on being satisfied that the notice was served, 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 that he may cross-examine witnesses, give evidence and call witnesses on his own behalf and address the Council subject to the provisions of regulations 30 and 31.
(L.N. 116 of 1999)

30. Objections on point of law
(1) After the reading of the notice of inquiry, the defendant, or his representative, may object to any charge on a point of law and, upon such objection, any other party to the proceedings may reply thereto and, if any such party replies to such objection, the defendant, or his representative, 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. (L.N. 116 of 1999)