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

37. Evidence
(1) Evidence may be taken by the Council by oral statement on oath or by written deposition or statement.
(2) A summons to any person requiring him to attend an inquiry to give evidence or to produce any document or other thing in his possession or control in accordance with the provisions of section 18 of the Ordinance may be in accordance with Form 3 in the Third Schedule.
(3) Every witness may be examined by the party calling him and may then be cross-examined by the other party and thereafter be re-examined upon matters arising out of such cross-examination by the party calling the witness.
(4) The Council 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, and members of the Council through the chairman, may put such questions to the parties or to any witness as they may think expedient, or, at the request of the chairman, the legal adviser may put such questions.
(L.N. 116 of 1999)

38. Voting
(1) In the taking of the votes of the members of the Council on any question to be determined by the Council, the chairman shall call upon the members to signify their votes and shall thereupon declare the determination of the Council in respect of such question.
(2) Where on any question to be determined by the Council the votes are equal, the question shall be deemed to have been decided in favour of the defendant.
(3) No person other than a member of the Council, the secretary and the legal adviser shall be present when the members of the Council vote on any matter.
(L.N. 116 of 1999)

39. Attendance at disciplinary inquiries
The legal adviser shall be present at every inquiry held by the Council under section 9 or 17 of the Ordinance and no such inquiry shall be deemed valid if the legal adviser is not present throughout the proceedings.
(L.N. 116 of 1999)

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

40. Advice by legal adviser at disciplinary inquiries
(1) When the legal adviser advises the Council on any question of law or as to evidence, procedure or any other matter in the course of any inquiry held by the Council under section 9 or 17 of the Ordinance he shall do so in the presence of every party to the proceedings or the representative of any such party or, if the advice is tendered after the Council has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed either verbally or in writing of the advice which the legal adviser has tendered. 
(2) In any case where the Council does not accept the advice given by the legal adviser on any such question aforesaid, every such party or person shall be informed accordingly.
(L.N. 116 of 1999)

41. Attendance of legal adviser at ordinary meetings of the Council
Without prejudice to anything contained in regulation 39, the legal adviser shall not be required to attend meetings of the Council unless notified by the secretary in advance of any meeting that his presence is likely to be specifically required thereat.
(L.N. 116 of 1999) 

### Midwives Registration Ordinance 《助產士註冊條例》

1. Short title
This Ordinance may be cited as the Midwives Registration Ordinance.

### Midwives Registration Ordinance 《助產士註冊條例》

9. Certificate of registration
(1) When the name of a person is registered under section 8, the secretary shall issue to the person a certificate in the form prescribed. (Amended 61 of 1997 s. 10)
(2) (Repealed 9 of 2002 s. 3)(3) Any certificate issued in accordance with the provisions of the repealed Midwives Ordinance* shall be deemed to have been validly issued in accordance with the provisions of this Ordinance. 
(4)-(5) (Repealed 61 of 1997 s. 10) Editorial Note:
* See Cap. 162, 1950 Ed.

### Midwives Registration Ordinance 《助產士註冊條例》

11. Powers of Council with regard to obtaining evidence and the conduct of proceedings
(Amended 61 of 1997 s. 27)(1) For the purpose of any inquiry under section 8 or 10 the Council shall have the following powers— (Amended 61 of 1997 s. 27)
(a) to take evidence and examine witnesses on oath;
(b) to summon any person to attend the inquiry to give evidence or to produce any document or other thing in his possession and to examine him as a witness or to require him to produce any document or other thing in his possession;
(c) to admit or exclude the public or any member of the public from the inquiry;
(d) to admit or exclude the press from the inquiry; and 
(e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Council may have been reasonably expended by him by reason of his attendance. (Amended 61 of 1997 s. 27)
(2) Summonses to witnesses may be in such form as may be prescribed and shall be signed by the chairman or secretary.

12. Penalty for failure to give evidence
Any person who, being summoned to attend as a witness or to produce any document or other thing at any inquiry held in accordance with the provisions of section 10, refuses or neglects to do so or to answer any question put to him by or with the leave of the Council commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months: (Amended 61 of 1997 s. 12)
Provided that no person shall be required to answer any question or produce any document or other thing which, in the opinion of the Council, may tend to incriminate himself; and every witness shall, in respect of any evidence given by him before the Council, be entitled to the same privileges to which he would be entitled if he were giving evidence before a court of justice.(Amended 61 of 1997 s. 27)

13. Appearance of counsel, etc.
The complainant in any inquiry held in accordance with the provisions of section 10 and the person whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or solicitor or by a friend throughout the inquiry.
(Amended 61 of 1997 s. 13)

### Midwives Registration Ordinance 《助產士註冊條例》

14. Provisions relating to orders of Council
(Amended 61 of 1997 s. 27)(1) The secretary shall cause a copy of any order made under section 10(1) or of any decision of the Council to refuse to enter the name of an applicant upon the register under section 8(3) to be served, as soon as may be after the making thereof, upon the person concerned, either personally or by registered post addressed to the person at the last address known to the secretary. (Amended 67 of 1985 s. 16; 61 of 1997 s. 27) 
(2) The secretary shall not remove the name of any midwife from the register before the expiration of 30 days after the service upon the midwife of the copy of the order referred to in subsection (1), or, in the case of an appeal made to the Court of Appeal against the order under section 15, before the appeal is finally determined. (Amended 10 of 2005 s. 68)
(3) A midwife whose name is removed from the register in accordance with the provisions of this Ordinance may apply to the Council for restoration of the name to the register. (Replaced 9 of 2002 s. 3)
(4) An application under subsection (3) shall be accompanied by a prescribed fee. (Added 9 of 2002 s. 3)
(5) After such inquiry and subject to such conditions as the Council may consider expedient, the Council may either allow or refuse an application under subsection (3), and if it allows the application, it shall direct the secretary to restore the name of the relevant midwife to the register. (Added 9 of 2002 s. 3)
(Amended 61 of 1997 s. 14)