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

31. Order of procedure
The following order of procedure shall be observed—
(a) the complainant, or his representative, or in their absence, or if there be no complainant, the secretary, shall present the case against the defendant and adduce the evidence in support thereof and shall close the case against the defendant:
Provided that on the application of the chairman, the Secretary for Justice may appoint a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87), other than the legal adviser, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his representative; (5 of 1988 s. 6; L.N. 362 of 1997)
(b) at the conclusion of the presentation of the case against the defendant, the defendant or his representative may make either or both of the following submissions in relation to any charge—
(i) that no or insufficient evidence has been adduced upon which the Council can find that the facts alleged in that charge have been proved;
(ii) that the facts alleged in the charge are not such as to constitute the offence charged;
(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative or, in their absence, by the secretary; and the defendant may make answer to such reply;
(d) where a submission is made under paragraph (b), the Council shall consider and determine whether the submission shall be upheld and—
(i) the chairman shall announce the determination of the Council, and
(ii) if the Council upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty of that charge, and
(iii) if the Council rejects the submission the chairman shall call upon the defendant to state his case;
(e) the defendant, or his representative, may then adduce evidence in support of his case and may address the Council:
Provided that, except with the leave of the Council, only one address may be made under this paragraph, and where evidence has been adduced by or on behalf of the defendant such address may be made either before or after such evidence has been adduced;
(f) at the conclusion of the case for the defendant, the complainant or his representative or, in their absence, the secretary, may address the Council in reply but only if evidence by or on behalf of the defendant, other than the defendant’s own evidence, has been adduced; or with the leave of 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》

32. Postponement of judgment
(1) At the conclusion of the proceedings the Council shall consider and determine whether to postpone judgment.
(2) If the Council decides to postpone judgment, the judgment of the Council shall stand postponed until such future meeting of the Council as the Council may determine, and the chairman shall announce the decision of the Council in such terms as the Council may approve.
(3) If the Council decides not to postpone judgment, the Council shall consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction and whether the defendant is guilty of the matter charged.
(4) When the Council has come to its decision under paragraph (3), the chairman shall announce the decision of the Council in such terms as the Council may approve.
(L.N. 116 of 1999)

33. Notice of determination of judgment
(1) Where, under the provisions of paragraph (2) of regulation 32, the judgment of the Council in respect of any charge stands postponed to a future meeting of the Council, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting.
(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.
(3) The Council shall consider and determine its judgment and the chairman shall announce the decision of the Council in such terms as the Council may approve.
(L.N. 116 of 1999)

34. Postponement of sentence
(1) After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the matter charged, the Council shall consider and determine whether or not to postpone sentence upon the defendant. 
(2) If the Council decides to postpone sentence, the sentence of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the chairman shall announce the decision of the Council in such terms as the Council may approve.
(L.N. 116 of 1999)

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

35. Matters in mitigation of sentence
(1) At any meeting of the Council at which sentence on a defendant is to be decided, before the Council shall decide such sentence—
(a) the secretary or other person presenting the case to the Council may produce to the Council the records of any meeting of the Council at which an order was made against the defendant pursuant to section 17 of the Ordinance; and
(b) the chairman shall ask the defendant whether he wishes to address the Council in respect of such order. (L.N. 34 of 1970)
(2) At any such meeting of the Council the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to circumstances leading to the commission of offence and to any previous offences and as to the character and antecedents of the defendant. (L.N. 34 of 1970)
(3) The Council shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Council in such terms as the Council may approve. 
(4) If the defendant fails to attend, personally or by his representative, the announcement of the decision of the Council, the secretary, in the manner prescribed in paragraph (4) of regulation 21 shall, within seven days after the announcement of the decision, serve upon the defendant a notice setting out the terms of such decision.
(L.N. 116 of 1999)

36. Notice of postponement of sentence
(1) Where, in accordance with the provisions of regulation 34, the sentence of the Council in respect of any charge stands postponed to a future meeting of the Council, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting. (L.N. 116 of 1999)
(2) If there is a complainant in respect of the charge in question, a copy of the notice shall be sent to such complainant.