12.—(1) If the registered person does not appear at the inquiry, the Investigation Committee may proceed with the inquiry after satisfying itself that a notice of inquiry was served on him in accordance with regulation 6.
(2) The Investigation Committee shall adopt the following procedure for holding its inquiry but may, in any particular case, make such variations or modifications as it thinks fit:
(a)
the complaint shall first be read out to the registered person;
(b)
the registered person or his counsel may object to the complaint on a point of law, and if any such objection is upheld, no further proceedings shall be taken by the Committee on the complaint to which the objection relates;
(c)
the appointed person shall present the facts on which the complaint is based, and adduce evidence of facts alleged in the complaint;
(d)
the registered person or his counsel may adduce evidence on the registered person’s behalf to substantiate his defence;
(e)
the appointed person and the registered person or his 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;
(f)
at the close of his case, the registered person or his counsel may address the Committee; and
(g)
the appointed person shall make his closing address.
(3) The Investigation Committee shall not be bound to act in a formal manner and shall not be bound by the Evidence Act (Cap. 97) or by any other written law or rule of law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.
(4) The Investigation Committee may, in its discretion, conduct proceedings under these Regulations notwithstanding the absence of one of its members and the validity of the proceedings shall not be challenged on this ground.
(5) No act done by or under the authority of the Investigation Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of any of its members.
(6) If the Investigation Committee is satisfied that the registered person or his counsel is hampering or attempting to hamper the progress of the inquiry, the Committee shall administer a warning to the registered person and, where appropriate, his counsel.
(7) If the Investigation Committee is satisfied that a warning administered under paragraph (6) is being disregarded, the Committee shall make a record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.