### Occupational Therapists (Registration and Disciplinary Procedure) Regulations 《職業治療師(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 under subregulation (3) is made, 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.

### Occupational Therapists (Registration and Disciplinary Procedure) Regulations 《職業治療師(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 Bond 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.

### Occupational Therapists (Registration and Disciplinary Procedure) Regulations 《職業治療師(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 the 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.