Singapore legislation
Regulation 12
of Traditional Chinese Medicine Practitioners (Disciplinary Proceedings) Regulations 2020
Regulation 12
Conduct of hearing
Subregulation 1
The case against the registered person may be presented by the appointed person at the hearing.
Subregulation 2
The registered person may appear in person or be represented by counsel at the hearing.
Subregulation 3
If the registered person does not appear at the hearing, the Inquiry Committee may proceed with the hearing after satisfying itself that a notice that complies with regulation 7 was served on the registered person in accordance with the Act.
Subregulation 4
A hearing by the Inquiry Committee under these Regulations is to be held in private.
Subregulation 5
The Inquiry Committee is to adopt the following procedure for holding its hearing but may, in any particular case, make any variations or modifications that it thinks fit:
the complaint is first to be read out to the registered person;
the registered person or his or her counsel may object to the complaint on a point of law, and if any such objection is upheld, no further proceedings may be taken by the Inquiry Committee on the complaint to which the objection relates;
the appointed person presents the facts on which the complaint is based, and adduces evidence of facts alleged in the complaint and expert evidence, if any;
the registered person or his or her counsel may adduce evidence on the registered person’s behalf to substantiate his or her defence;
the appointed person and the registered person or his or her counsel may cross‑examine witnesses of the other party after the evidence‑in‑chief has been completed, and each party may re‑examine their witnesses after the cross‑examination;
at the close of his or her case, the registered person or his or her counsel may address the Inquiry Committee;
the appointed person may make his or her closing address.
Subregulation 6
The Inquiry Committee is not bound to act in a formal manner and is not bound by the Evidence Act 1893 or by any other written law or rule of law relating to evidence, but may inform itself on any matter in the manner it thinks fit.
Subregulation 7
The Inquiry Committee may conduct proceedings under these Regulations despite the absence of one of its members and the validity of the proceedings may not be challenged on this ground.
Subregulation 8
The acts of the Inquiry Committee are valid despite any defect that may subsequently be discovered in the appointment or qualification of any of its members.
Subregulation 9
If the Inquiry Committee is satisfied that the registered person or his or her counsel is hampering or attempting to hamper the progress of the hearing, the Inquiry Committee may administer a warning to the registered person and, where appropriate, his or her counsel.
Subregulation 10
If the Inquiry Committee is satisfied that a warning administered under paragraph (9) is being disregarded, the Inquiry Committee must make a record to that effect and may proceed to complete the hearing in the manner it thinks fit.