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(Cap 138 section 29) [20 October 1972] (L.N. 214 of 1972) Cap 138E reg 1 Citation These regulations may be cited as the Pharmacists (Disciplinary Procedure) Regulations Cap 138E reg 2 Interpretation In these regulations, unless the context otherwise requires- "chairman" (主席) means the chairman of a Disciplinary Committee; "inquiry" (研讯) means an inquiry held under section 16 of the Ordinance. Cap 138E reg 3 Representation A party to an inquiry may be represented by a solicitor or by a solicitor and counsel. Cap 138E reg 4 Record of proceedings (1) A shorthand writer may be appointed by a Disciplinary Committee to prepare a verbatim record of an inquiry. (2) If a verbatim record of an inquiry, or any part thereof, has been prepared, the chairman, on application to him by any party and on payment to him of a fee of $73 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 203 of 1992) Cap 138E reg 5 Opening of inquiry (1) At the opening of an inquiry the Secretary shall read the notice of inquiry. (2) If the defendant is neither present nor represented by a solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Disciplinary Committee such evidence as the Disciplinary Committee may require that the notice of inquiry was served on the defendant and the Disciplinary Committee, if satisfied as to such service, 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 of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf Cap 138E reg 6 Order of procedure (1) Subject to regulation 5, the procedure specified in this regulation shall be observed. (2) The complainant, or his solicitor or counsel, or, in their absence or if there is no complainant, the Secretary, may open the case against the defendant and call evidence in support thereof. (3) When the case against the defendant is closed, the defendant, or his solicitor or counsel, may submit that insufficient evidence has been adduced upon which the Disciplinary Committee can find that the charge has been proved. (4) If a submission is made under paragraph (3)- (a) a reply thereto may be made by the complainant, or by his solicitor or counsel, or in their absence by the Secretary, and the defendant may answer such reply; and (b) the Disciplinary Committee shall uphold or reject the submission.(5) If the Disciplinary Committee upholds a submission made under paragraph (3) in respect of any charge, the finding shall be recorded that the defendant is not guilty on that charge, and if the Disciplinary Committee rejects the submission, the chairman shall call upon the defendant to make his defence. (6) The defendant, or his solicitor or counsel, may open his case, call evidence and address the Disciplinary Committee: Provided that only one address may be made by the defendant, or his counsel or solicitor, which may be made either before or after evidence has been called by him. (7) At the conclusion of the defendant's case, the complainant, or his solicitor or counsel, or in their absence the Secretary, may address the Disciplinary Committee in reply, if evidence has been called by the defendant other than his own evidence. (8) A legal officer, within the meaning of the Legal Officers Ordinance (Cap 87), may carry out the duties of the Secretary in an inquiry, in the absence of the complainant and his solicitor or counsel. Cap 138E reg 7 Postponement of judgement (1) At the conclusion of the proceedings under regulation 6, the Disciplinary Committee may reach and announce its decision, or postpone its decision to such future date as it may think fit. (2) The decision of the Disciplinary Committee shall be announced by the chairman in such terms as the Disciplinary Committee may approve. Cap 138E reg 8 Notice of determination of judgement (1) If the decision of the Disciplinary Committee is postponed under regulation 7 the Secretary shall, not less than one week before the date fixed for the announcement, serve on the defendant and any complainant a notice specifying the date, time and place at which the decision will be announced, inviting him to appear at such meeting. (2) If there is a complainant, a copy of the notice shall be sent to him. Cap 138E reg 9 Passing sentence If a Disciplinary Committee finds a defendant guilty of a charge, the chairman shall pass sentence on the defendant in such terms as the Disciplinary Committee may approve. Cap 138E reg 10 Address in mitigation (1) Before passing sentence, the chairman shall ask the defendant whether he wishes to address the Disciplinary Committee, and the defendant, or his solicitor or counsel, may address the Disciplinary Committee in mitigation and call evidence as to the character and antecedents of the defendant. (2) Before sentence is passed- (a) the person presenting the case to the Disciplinary Committee may produce to the Disciplinary Committee the record of any direction made against the defendant pursuant to section 16 of the Ordinance; and (b) the defendant, or his solicitor or counsel, may address the Disciplinary Committee in mitigation. Cap 138E reg 11 Evidence (1) The rules of evidence shall not apply to an inquiry. (2) A witness may be examined by the party producing him, cross-examined by the other party and re-examined upon matters arising out of such cross-examination. (3) A Disciplinary Committee may decline to admit a written statement unless the maker thereof is available and willing to give evidence. (4) The chairman and any member of the Disciplinary Committee may put such questions to a party of witness as he may think desirable. Cap 138E reg 12 Summons A witness summons under section 16A of the Ordinance shall be in accordance with the Form in the Schedule. Cap 138E reg 13 Inquiry by the Disciplinary Committee The legal adviser to a Disciplinary Committee shall be present at an inquiry held by the Disciplinary Committee. Cap 138E reg 14 Other procedural matters A Disciplinary Committee may adopt such procedure as it may think fit in relation to any matter not provided for by the Ordinance or these regulations. Cap 138E SCHEDULE [regulation 12] PHARMACY AND POISONS ORDINANCE (Chapter 138) PHARMACISTS (DISCIPLINARY PROCEDURE) REGULATIONS SUMMONS TO WITNESS In the matter of an inquiry under section 16 of the Pharmacy and Poisons Ordinance: And in the matter of (1) .................................................................................................... To (2) ..................................................................................................................................... You are hereby summoned to appear before the Disciplinary Committee of the Pharmacy and Poisons Board at .................................................................. upon the ...................... day of .................................................. at ....................... o'clock in the ............................. noon to give evidence touching the matter under inquiry (3) and also to bring with you and produce (4) ............................................................................................................................................. Given under my hand this ........................ day of ........................................................... ................................................................ Chairman of the Disciplinary Committee Note: (1) Insert name of pharmacist or other person concerned. (2) Insert name and address of witness. (3) Delete if not required. (4) Specify the books, documents or other things to be produced. (L.N. 63 of 1997)