All sections · Part XVI: Disqualification Orders
268 修改取消资格的命令
(1)受取消资格令约束的人可向法庭申请更改该命令,如果法庭确信这样做不违背公众利益,可在其认为合适的范围内按其认为合适的条款作出更改取消资格令的命令。
(2) 根据本条提出的更改取消资格令的申请,只有在取消资格令是根据其申请作出的情况下,在举行听证会之日前已向该人送达不少于28天的通知(或法庭行使其绝对酌情权所指示的其他期限),方可进行听证,而且在不影响上述规定的情况下,法庭
(a) 规定诉讼通知也应送达法院认为适当的其他人员;并且
(b) 为此目的暂停对该申请的听证。
(3) 经下列人士同意,可以修改取消资格令
将被授予当事人和法院的绝对自由裁量权的同意。
(4) 法院应指示将修改取消资格令的任何命令的副本送达登记员。
(2) 根据本条提出的更改取消资格令的申请,只有在取消资格令是根据其申请作出的情况下,在举行听证会之日前已向该人送达不少于28天的通知(或法庭行使其绝对酌情权所指示的其他期限),方可进行听证,而且在不影响上述规定的情况下,法庭
(a) 规定诉讼通知也应送达法院认为适当的其他人员;并且
(b) 为此目的暂停对该申请的听证。
(3) 经下列人士同意,可以修改取消资格令
将被授予当事人和法院的绝对自由裁量权的同意。
(4) 法院应指示将修改取消资格令的任何命令的副本送达登记员。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Variation of disqualification orders
(1) A person subject to a disqualification order may apply to the Court for a
variation in the order and, if satisfied that it would not be contrary to the
orders
public interest to do so, the Court may grant an order varying the
disqualification order to such extent and under such terms as it sees fit.
(2) An application under this section for the variation of a disqualification
order shall not be heard unless the person upon whose application the
disqualification order was made has been served with notice of the
application to vary not less than 28 days (or such other period as the Court
may in its absolute discretion direct) before the date of the hearing and,
without prejudice to the foregoing, the Court may —
(a) direct that notice of the application shall also be served on such
other persons as the Court thinks fit; and
(b) for that purpose adjourn the hearing of the application.
(3) The variation of a disqualification order may, with the consent of the
parties and in the Court‘s absolute discretion, be granted by consent.
(4) The Court shall direct that a copy of an order varying a disqualification
order be served upon the Registrar.
variation in the order and, if satisfied that it would not be contrary to the
orders
public interest to do so, the Court may grant an order varying the
disqualification order to such extent and under such terms as it sees fit.
(2) An application under this section for the variation of a disqualification
order shall not be heard unless the person upon whose application the
disqualification order was made has been served with notice of the
application to vary not less than 28 days (or such other period as the Court
may in its absolute discretion direct) before the date of the hearing and,
without prejudice to the foregoing, the Court may —
(a) direct that notice of the application shall also be served on such
other persons as the Court thinks fit; and
(b) for that purpose adjourn the hearing of the application.
(3) The variation of a disqualification order may, with the consent of the
parties and in the Court‘s absolute discretion, be granted by consent.
(4) The Court shall direct that a copy of an order varying a disqualification
order be served upon the Registrar.