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Rules in respect of Pre-hearing Procedures for Disciplinary Proceedings

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  1. Notice Pursuant to s.27(1)
    1. Within 28 day after a complaint is referred to the Board pursuant to s.25(3), a notice (“the s.27(1) notice”) shall be served on the complainant (“the Complainant”) and the respondent (“the Respondent”) of the hearing:-

      1. informing the Respondent the pre-hearing procedures and the requirements for preparing the defence.
      2. enclosing a list of Disciplinary Committee members.
  2. Preparation and Submission of Documents and Evidence

    Submission of documents and evidence:
    1. The Complainant shall submit a Complainant’s Case in the form set out in Form 1 to the Board before the expiration of 30 days after the service on him of the s.27(1) notice.

    2. If the Respondent intends to defend the case, the Respondent shall submit a Respondent’s Case to the Board in the form set out in Form 2 before the expiration of 30 days after the service on him of the Complainant's Case.

    3. (1) The Complainant may submit a Reply to the Respondent’s Case in the form set out in Form 3 before the expiration of 14 days after the service on him of the Respondent’s Case served by the Board.。

      (2) The Complainant’s Reply shall be limited to matters related to the Respondent’s Case and shall annex any further documentary evidence on which the Complainant’s Reply relies.
    4. (1) The Respondent may submit a Reply to the Complainant’s Reply in the form set out in Form 4 before the expiration of 14 days after the service on him of the Complainant’s Reply served by the Board.

      (2) The Respondent’s Reply shall be limited to matters related to the Complainant’s Reply and shall annex any further documentary evidence on which the Respondent’s Reply relies.
    5. Unless the Disciplinary Committee orders otherwise, the parties’ Cases (“the Cases”) and Replies (including annexed documentary evidence) shall constitute submissions and evidence of the parties in the hearing.

    6. The documents annexed to the Cases and Replies may include: -

      1. Statements of other witnesses. Please note that such statements may only be submitted on condition that those witnesses making the statements will be present in the hearing for cross-examination.
      2. documentary evidence which either party intends to adduce to support his case; and
      3. any other relevant documentary evidence.
    7. The following rules when preparing the Cases, Replies, documentary evidence and witness statements should be observed:-

      1. Any written submission contained in and any witness statements annexed to the Cases and Replies shall be made in first person knowledge;

      2. Any written submission contained in and any witness statements annexed to the Cases and Replies shall be drafted in paragraphs numbered consecutively. Each paragraph must present at most one point or issue as far as practicable;

      3. for documentary evidence, the original copies of the documents must be adduced. Any photocopy or non-original documents shall only be adduced if there are satisfactory reasons for doing so. The presiding member of the Disciplinary Committee has a discretionary power to exclude the use of photocopies or non-original documents.

    8. If the submission to be made by any party to the hearing or on his behalf at the hearing shall include any argument on legal issues and/or matters of statutory interpretation, he shall furnish to the Board at least 2 working days before the date of the hearing an outline sufficiently setting out the issues and/or matters and the arguments thereon together with copies of all statutes, cases and authorities to be relied on.

    9. Late Submission
    10. After the deadline for submission of the parties’ Cases and Replies, no further written submissions or documentary evidence shall be admitted without the written consent of the presiding member of the Disciplinary Committee.

  3. Adjournment

    1. If the parties need to adjourn the fixed date of hearing notified, a written application to the Registrar is required, stating the grounds in support of adjournment with supportive documents where appropriate. The presiding member of the Disciplinary Committee shall consider such application, and may, where appropriate, impose conditions in allowing an adjournment of the hearing, for a period not more than 6 weeks.

  4. Notice Pursuant to s.27(5)

    1. Pursuant to section 27(5) of the Ordinance, a notice of the Hearing (“the s.27(5) notice”) will be served on the Respondent listing the date, time and place of the hearing no less than 28 days before the hearing.

  5. Service

    1. Any notice or document to be served on the parties under these rules shall be deemed served if:

      1. in the case of an individual, it is—

        1. delivered to him;
        2. left at his registered address or last known address;
        3. sent by post to his registered address or last known address; or
        4. inserted into the letter box of his registered address or last known address;
      2. in the case of a company, it is—

        1. delivered to an officer of the company;
        2. left at the company’s registered address;
        3. sent by post to the company's registered address; or
        4. inserted into the letter box of the company's registered address.
    2. The date of service effected under sub-rule 1(a)(iii) and 1(b)(iii) shall, unless the contrary is shown, be deemed to be the fifth day after the date on which the notice or document was so posted. The date of service effected other than under sub-rule 1(a)(iii) and 1(b)(iii) shall be deemed to be the day the notice or document was so delivered, left or inserted.


     
     
    Social Workers Registration Board
    13 January 2016
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