Cap. 138E 《藥劑師(紀律處分程序)規例》Pharmacists (Disciplinary Procedure) Regulations

A shorthand writer may be appointed by a Disciplinary Committee to prepare a verbatim record of an inquiry.

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 $43 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 127 of 2006)

At the opening of an inquiry the Secretary shall read the notice of inquiry.

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.

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.

Subject to regulation 5, the procedure specified in this regulation shall be observed.

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.

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.

If a submission is made under paragraph (3)—

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.

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.

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.

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.

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.

The decision of the Disciplinary Committee shall be announced by the chairman in such terms as the Disciplinary Committee may approve.

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.

If there is a complainant, a copy of the notice shall be sent to him.

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.

Before sentence is passed—

The rules of evidence shall not apply to an inquiry.

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.

A Disciplinary Committee may decline to admit a written statement unless the maker thereof is available and willing to give evidence.

The chairman and any member of the Disciplinary Committee may put such questions to a party of witness as he may think desirable.