(Cap 448, sections 12 and 13(6))* [21 October 1983] (L.N. 333 of 1983) _________________________________________________________________________________ Note: * These regulations were originally made under section 10 of the Civil Aviation Act 1949 (1949 c. 67 U.K.), as applied to Hong Kong by the Civil Aviation Act 1949 (Overseas Territories) Order 1969 (S.I. 1969/592 U.K.). See now sections 12 and 13(6) of the Civil Aviation Ordinance, enacted in 1994 (Cap 448). Cap 448B reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Hong Kong Civil Aviation (Investigation of Accidents) Regulations. Cap 448B reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "accident" (意外) includes an incident and a reportable accident; "aerodrome authority" (机场主管当局) means, in relation to any aerodrome, the person (whether the Director or any other person) by whom the aerodrome is managed; "Chief Inspector" (总调查主任) means the Chief Inspector of Accidents appointed under regulation 8(1) and includes any deputy chief inspector; "commander" (机长) in relation to an aircraft means the member of the crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft; "crew" (机员) includes every person employed or engaged in an aircraft in flight on the business of the aircraft; "Director" (处长) means the Director-General of Civil Aviation, the Deputy Director-General of Civil Aviation and any Assistant Director-General of Civil Aviation; (L.N. 326 of 2000) "incident" (事故) means any fortuitous or unexpected event, not being a reportable accident, by which the safety of an aircraft or any person is threatened; "Inspector" (调查主任) means a person appointed as an Inspector of Accidents under regulation 8(1); "operator" (经营人) in relation to an aircraft means the person for the time being having the management of that aircraft; "owner" (机主) means, where an aircraft is registered, the registered owner; "pilot in command" (指挥飞机的机师) in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; "reportable accident" (须予报告的意外) means an occurrence associated with the operation of an aircraft which takes place between the time when any person boards the aircraft with the intention of flight and such time as all persons have disembarked therefrom, in which- (a) any person suffers death or serious injury while in or upon the aircraft or by direct contact with any part of the aircraft (including any part which has become detached from the aircraft) or by direct exposure to jet blast, except when the death or serious injury is from natural causes, is self-inflicted or is inflicted by other persons or when the death or serious injury is suffered by a stowaway hiding outside the areas normally available in flight to the passengers and members of the crew of the aircraft; or (b) the aircraft incurs damage or structural failure, other than- (i) engine failure or damage, when the damage is limited to the engine, its cowling or accessories; (ii) damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or punctured holes in the aircraft skin, which adversely affects its structural strength, performance or flight characteristics and which would normally require major repair or replacement of the affected component; or(c) the aircraft is missing or is completely inaccessible;"serious injury" (严重损伤) means an injury which is sustained by person in a reportable accident and which- (a) requires his stay in hospital for more than 48 hours commencing within 7 days from the date on which the injury was received; or (b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or (c) involves lacerations which cause nerve, muscle or tendon damage or severe haemorrhage; or (d) involves injury to any internal organ; or (e) involves second or third degree burns or any burns affecting more than 5 per cent of the body surface;and "seriously injured" (受到严重损伤) shall be construed accordingly. (2) Any notice or other document required or authorized by any provision of these regulations to be served or given to any person may be served or given by delivering it to him or by sending it to him by post at his usual or last-known residence or place of business, whether in Hong Kong or elsewhere. [cf. S.I. 1983/551 r. 2 U.K.] Cap 448B reg 3 Application of regulations These regulations relate only to civil aviation and shall apply to accidents arising out of or in the course of air navigation which occur to civil aircraft in or over Hong Kong or elsewhere to civil aircraft registered in Hong Kong. [cf. S.I. 1983/551 r. 3 U.K.] Cap 448B reg 4 Purpose of Accident Investigation The fundamental purpose of investigating accidents under these regulations shall be to determine the circumstances and causes of the accident with a view to the preservation of life and the avoidance of accidents in the future; it is not the purpose to apportion blame or liability. [cf. S.I. 1983/551 r. 4 U.K.] Cap 448B reg 5 Duty to furnish information relating to accidents Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART II ACCIDENT INVESTIGATION (1) Where a reportable accident occurs the commander of the aircraft involved at the time of the accident, or if he be killed or incapacitated then the operator of the aircraft, and, in the case of an accident occurring on or adjacent to an aerodrome, the aerodrome authority shall forthwith give notice thereof to the Chief Inspector by the quickest means of communication available and in the case of a reportable accident occurring in or over Hong Kong shall also notify forthwith the Commissioner of Police of the accident and of the place where it occurred. (2) The notice to the Chief Inspector referred to in paragraph (1) shall state as far as possible- (a) the identifying abbreviation ACCID; (b) the type, model and the nationality and registration marks of the aircraft; (c) the name of the owner, operator and hirer (if any) of the aircraft; (d) the name of the commander of the aircraft; (e) the date and Co-ordinated Universal Time of the accident; (36 of 1999 s. 3) (f) the last point of departure and the next point of intended landing of the aircraft; (g) the position of the aircraft by reference to some easily defined geographical point and latitude and longitude; (h) (i) the number of crew on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident; (ii) the number of passengers on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident; (iii) the number of other persons killed or seriously injured as a result of the accident;(i) the nature of the accident and the extent of the damage to the aircraft as far as is known.(3) Where an accident to which these regulations apply occurs, whether in or over Hong Kong or elsewhere, the owner, operator, commander or hirer of the aircraft shall, if so required by notice in writing given to him by the Chief Inspector, send to the Chief Inspector, within such time as may be specified in the notice, such information as is in his possession or control with respect to the accident in such form as the Chief Inspector may require. [cf. S.I. 1983/551 r. 5 U.K.] Cap 448B reg 6 Information relating to accident The Chief Inspector may at any time publish, or cause to be published, information relating to an accident whether or not such an accident is the subject of an investigation by an Inspector, of a board of review or of a public inquiry. [cf. S.I. 1983/551 r. 6 U.K.] Cap 448B reg 7 Removal of damaged aircraft (1) Subject to regulation 9, where a reportable accident occurs in or over Hong Kong, no person other than an authorized person shall have access to the aircraft involved in the accident and neither the aircraft nor its contents shall except under the authority of the Director be removed or otherwise interfered with: Provided that- (a) the aircraft may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals, removing any mails, valuables and dangerous goods carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public or to air navigation or to other transport, or under the supervision of an Inspector or, with the agreement of an Inspector or of a police officer, for the purpose of removing any other property from the aircraft; (b) if an aircraft is wrecked on the water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing it or them to a place of safety.(2) In this regulation the expression "authorized person" (获授权人士) means any person authorized by the Director either generally or specially to have access to any aircraft involved in an accident and includes any police officer and any officer of the Customs and Excise Service. [cf. S.I. 1983/551 r. 7 U.K.] Cap 448B reg 8 Inspectors of accidents Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) For the purpose of carrying out investigation into the circumstances and causes of aircraft accidents, the Chief Executive shall from time to time appoint- (36 of 1999 s. 3) (a) a suitably qualified person to be Chief Inspector of accidents; and (b) such number of other suitably qualified persons as he thinks necessary to be Inspectors of accidents.(2) The Chief Inspector shall determine whether or not an investigation shall be carried out into any accident to which these regulations apply and he may himself carry out, or may cause an Inspector to carry out, an investigation of any such accident. (3) Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Director may at the request of the Chief Inspector appoint persons to assist any Inspector in a particular investigation and such persons shall for the purpose of so doing have such of the powers of an Inspector under these regulations as may be specified in their appointment. [cf. S.I. 1983/551 r. 8 U.K.] Cap 448B reg 9 Power of Inspectors For the purpose of the investigation of any accident to which these regulations apply, or any inquiries undertaken with a view to determining whether any such investigation should be held, an Inspector shall have power- (a) by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation or any inquiry held pursuant to regulation 17 or, as the case may be, it is determined that an investigation shall not be carried out; (b) to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him; (c) to have access to and examine any aircraft involved in any such accident and the place where the accident occurred and to require any such aircraft or any part or equipment thereof to be preserved unaltered pending investigation; (d) to examine, remove, test, take measures for the preservation of, or otherwise deal with- (i) the aircraft involved in the accident; or (ii) where it appears to the Inspector requisite for the purposes of any such investigation or inquiries, any other aircraft, or any part of such aircraft or anything contained therein;(e) on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the Inspector to be requisite for the purposes of any such investigation or inquiries or any inquiry held pursuant to regulation 17, except that an Inspector shall not have power to enter any premises under this sub-paragraph for the purpose of inquiries with a view to determining whether an investigation should be held if at the time of the proposed entry the premises are being used as a dwelling; (f) to take such measures for the preservation of evidence as he considers appropriate. [cf. S.I. 1983/551 r. 9 U.K.] Cap 448B reg 10 Inspector's investigation and report Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Public notice that an investigation by an Inspector (hereinafter called an "Inspector's investigation") is taking place shall be given in such manner as the Chief Inspector thinks fit and shall invite any persons who desire to make representations concerning the circumstances or causes of the accident to do so in writing within a time to be specified in the notice. (2) An Inspector's investigation shall be held in private. (3) Where it appears to the Inspector that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and to call evidence and examine witnesses. (4) Every person summoned by the Inspector as a witness in accordance with these regulations shall be allowed such expenses as the Director with the concurrence of the Secretary for Economic Development and Labour determines. (L.N. 125 of 2004) (5) The Chief Inspector may determine that any Inspector's investigation being carried out into any accident shall be discontinued and in that event no report shall be made thereon to the Director under paragraph (6), but public notice shall be given, in such manner as the Chief Inspector thinks fit, that the investigation has been discontinued. (6) Subject to regulation 11, upon completion of an Inspector's investigation the Chief Inspector, or such other Inspector as may be authorized by the Director, shall make a report to the Director who shall, as soon after receiving it as is practicable, forward it to the Chief Executive. (36 of 1999 s. 3) (7) The report to the Director shall state the facts relating to the accident followed by an analysis of the facts and conclusions as to the cause or causes of the accident, together with any recommendations which the Inspector thinks fit to make with a view to the preservation of life and the avoidance of accidents in the future. [cf. S.I. 1983/551 r. 10 U.K.] Cap 448B reg 11 Notice of Inspector's report and representations thereon (1) No report shall be made to the Director under regulation 10(6) in respect of an accident until the Inspector has- (a) where it appears to him to be practicable so to do, served a notice under this regulation upon the operator and commander of the aircraft involved in the accident and on any person whose reputation is, in the Inspector's opinion, likely to be adversely affected by the report or, if any of the foregoing be a deceased individual, upon such person or persons as appear to the Inspector, at the time he proposes to serve notice pursuant to this paragraph, to represent best the interest of the deceased in the matter; and (b) considered any representations which may be made to him in accordance with paragraph (3) by or on behalf of the persons served with such notice.(2) The notice referred to in paragraph (1) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident which may affect the person on whom or in respect of whom the notice is served. (3) Any representations made pursuant to paragraph (1) shall be in writing and shall be served on the Inspector within 28 days of service of the notice referred to in that paragraph or within such further period as may be allowed under regulation 21. (4) A copy of the report made to the Director under regulation 10(6) shall be served by the Chief Inspector on any person who has been served with a notice pursuant to paragraph (1). [cf. S.I. 1983/551 r. 11 U.K.] Cap 448B reg 12 Notice of review PART III BOARD OF REVIEW (1) Any person who has been served with a notice under regulation 11(1) may, at any time before the expiration of the period of 21 days from the day on which he has been served with a copy of the report under regulation 11(4), (or within such further period as may be allowed under regulation 21) serve on the Director written notice (hereinafter called the "notice of review") that he wishes those findings and conclusions in the report from which it appears that his reputation or, as the case may be, the reputation of the person on whose behalf representations have been made under regulation 11(3), is likely to be adversely affected, to be reviewed by a board of review. (2) The notice of review shall specify the findings and conclusions that it is considered should be reviewed by a board of review and shall state concisely the grounds on which the findings and conclusions in the report are challenged and there shall be appended to the notice a copy of any representations made under regulation 11(3). (3) A copy of the notice of review (together with a copy of any representations made under regulation 11(3)) shall, at the same time as the notice of review is served on the Director, be served on the Secretary for Justice, and the person requesting the review shall then or as soon as possible thereafter inform the Secretary for Justice whether or not he proposes to be represented at the hearing of the review and of the name and address of the solicitor, if any, acting for him, or of any other person who will be representing him at the review. (L.N. 362 of 1997) (4) A copy of the notice of review shall also be served by the person requesting the review on all other persons on whom the Inspector has served a notice under regulation 11(1), and for this purpose the person requesting the review may require the Inspector to furnish him with the names and addresses of those persons. [cf. S.I. 1983/551 r. 12 U.K.] Cap 448B reg 13 Appointment of board of review Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Where a notice of review in accordance with regulation 12 has been served the Director shall inform the Chief Executive who shall thereupon appoint a board of review which shall consist of- (36 of 1999 s. 3) (a) a magistrate, a legal officer with the meaning of the Legal Officers Ordinance (Cap 87), or a barrister or solicitor of not less than 5 years' practice, who shall be the chairman of the board; and (b) one or more assessors, each of whom shall possess aeronautical or aeronautical engineering qualifications or some other special skill or knowledge which is relevant to the conduct of the review.(2) Before the hearing of the review the board shall hold a preliminary meeting at which any directions may be given or any preliminary interlocutory order as to the procedure may be made. Not less than 21 days' notice of the date, time and place of the preliminary meeting shall be given by the Secretary for Justice to the person requesting the review and all persons on whom a copy of the notice of review has been served and any person intending to make any application to the board at the meeting shall give notice thereof to the Secretary for Justice. (3) The Secretary for Justice shall serve on the person requesting the review and all other persons on whom the Inspector has served a notice under regulation 11(1), not less than 21 days' notice of the date, time and place of the hearing of the review. (4) The hearing shall be in public unless the board determines, in relation to the whole or part of the review, that it is to be held in private in the interests of justice or in the public interest: Provided that a decision by the board that the hearing, or part of it, shall be held in private shall not preclude the Inspector who made the report from being present at the hearing. (5) The board shall be assisted by the Secretary for Justice, or by Counsel instructed by him, who shall present any evidence required by the board and may examine any witnesses giving evidence at the review; the Chief Inspector shall render such assistance to the board as is in his power. (L.N. 362 of 1997) [cf. S.I. 1983/551 r. 13 U.K.] Cap 448B reg 14 Proceedings of board of review Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 36 of 1999 s. 3 (1) The person requesting the review shall be heard by the board and shall have the right to give evidence, produce witnesses and examine any other witnesses giving evidence at the review. The Inspector who made the report shall be entitled to be heard by the board. (2) Any person who in the opinion of the board may be directly affected by the review may be granted leave to appear and to give evidence, produce witnesses and examine any other witnesses giving evidence at the review. Any application for such leave may be made to the board at the preliminary meeting. (3) In any proceedings of the board the person requesting the review and any other person appearing pursuant to leave granted under paragraph (2) may appear in person or be represented by any other person whom he may have authorized to represent him. (4) The board shall have all the powers of an Inspector under these regulations and, in addition, may administer an oath to any witness or permit the witness to make an affirmation in place thereof in accordance with the Oaths and Declarations Ordinance (Cap 11). (5) (a) Where new and important evidence is given at the review, which was not given at the Inspector's investigation, the board may, on an application by the Chief Inspector, discontinue the review, and the Chief Inspector shall thereupon cause the investigation to be reopened. (b) Where at any time during the review the board are satisfied that any of the findings and conclusions in the Inspector's report do not adversely affect the reputation of the person in respect of whom the notice of review was served, the board may discontinue the review in respect of those findings and conclusions. (c) Where a review is totally discontinued under this paragraph no report shall be made to the Chief Executive under paragraph (8). (36 of 1999 s. 3)(6) Every person summoned by the board as a witness shall be allowed such expenses as the Director, with the concurrence of the Secretary for Economic Development and Labour, determines. (L.N. 125 of 2004) (7) The board may, if it thinks fit, order a person who appears or is represented at the review to pay in respect of the board's costs such reasonable sum as may be specified in the order. (8) Any sum payable by virtue of an order under paragraph (7) may be recovered in like manner as payment of a debt ordered to be paid by a judgment of the High Court. (25 of 1998 s. 2) (9) Upon completion of the review, the board shall make a report to the Chief Executive containing a summary of the proceedings at the hearing and either confirming or rejecting in whole or in part those findings and conclusions of the Inspector which were the subject of the review, together with its reasons therefor. The board shall also serve a copy of the report on all persons who appeared or were represented before the board. (36 of 1999 s. 3) [cf. S.I. 1983/551 r. 14 U.K.] Cap 448B reg 15 Publication of reports Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 The Chief Executive shall, unless in his opinion there are good reasons to the contrary, cause the Inspector's report and, where a board of review has been held, the report of the board, to be made public wholly or in part in such manner as he thinks fit: (36 of 1999 s. 3) Provided that- (a) in any case where notice has been served under regulation 11(1), the Inspector's report shall not be published before the expiry of the time for service of a notice of review under regulation 12(1); and (b) save where a review is totally discontinued under regulation 14(5), in any case where a board of review is held, the Inspector's report shall not be published until the board has made a report to him under regulation 14(9). [cf. S.I. 1983/551 r. 15 U.K.] Cap 448B reg 16 Reopening of investigation or review Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) In the case of any Inspector's investigation which has not been the subject of a review, the Chief Inspector may cause the investigation to be reopened, and in the case of a review the Chief Executive may direct the review to be reheard, in both cases either generally or as to any part thereof, and the Chief Inspector or the Chief Executive, as the case may be, shall do so- (a) if after the completion of the investigation or the review new and important evidence has been discovered; or (b) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.(2) If the Chief Executive directs any review to be reheard, he may direct that the review shall be reheard either by the board by whom it was heard in the first instance or by some other board appointed by him to hold the rehearing. (3) Any investigation reopened or review reheard shall be subject to and conducted in accordance with the provisions of these regulations relating to an Inspector's investigation or review thereof as the case may be. (36 of 1999 s. 3) [cf. S.I. 1983/551 r. 16 U.K.] Cap 448B reg 17 Holding of public inquires Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART IV PUBLIC INQUIRIES (1) Where it appears to the Chief Executive that it is expedient in the public interest to hold a public inquiry into the circumstances and causes of an accident to which these regulations apply or into any particular matter relating to the avoidance of such accidents in the future, he may appoint a commission of inquiry for that purpose. In any such case any Inspector's investigation relating to the accident or to the particular matter, as the case may be, shall be discontinued except for the purpose of rendering assistance as required by paragraph (3). (36 of 1999 s. 3) (2) The commission shall consist of- (a) a District Judge or magistrate; and (b) not less than 2 assessors, each of whom shall possess an aeronautical or aeronautical engineering qualification or some other special skill or knowledge which is relevant to the conduct of the inquiry.(3) Where the Chief Executive has appointed a commission of inquiry under this regulation, he shall remit the case to the Secretary for Justice, and thereafter the preparation and presentation of the case shall be conducted by the Secretary for Justice; the Chief Inspector shall, on being required so to do, render such assistance to the commission and to the Secretary for Justice as is in his power. (L.N. 362 of 1997; 36 of 1999 s. 3) (4) When a public inquiry has been ordered, the Secretary for Justice shall cause a notice of the date, time and place and the nature of the inquiry to be served upon the owner, operator, hirer and commander of any aircraft involved in the accident and on any other person who in his opinion ought to be served with such notice. (L.N. 362 of 1997) (5) The Secretary for Justice, the owner, the operator, the hirer, the commander and any other person upon whom a notice of inquiry has been served under paragraph (4), shall be deemed to be parties to the proceedings. (L.N. 362 of 1997) (6) Any other person may by leave of the commission appear, and any person who obtains leave to appear shall thereupon become a party to the proceedings. Any application for such leave may be made to the commission at a preliminary meeting under paragraph (7). (7) At any time before the date appointed for holding the inquiry, the commission may hold a preliminary meeting at which any directions may be given or any preliminary or interlocutory order as to the procedure may be made. Notice of the date, time and place of the preliminary meeting shall be given by the Secretary for Justice to the parties to the proceedings and to any other person who has notified the Secretary for Justice that he intends to apply to the commission for leave to appear. Any person intending to make an application to the commission at the meeting shall give notice thereof to the Secretary for Justice. (L.N. 362 of 1997) (8) The commission shall have, for the purposes of the inquiry, all the powers of a magistrate, and without prejudice to those powers, the commission may- (a) enter and inspect, or authorize any person to enter and inspect, any place, building or aircraft the entry or inspection whereof appears to the commission to be requisite for the purposes of the inquiry; (b) by summons require the attendance as witnesses of all such persons as the commission thinks fit to call and examine, and require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the commission may consider relevant; (c) administer an oath to any such witness or permit the witness to make an affirmation in place thereof in accordance with the Oaths and Declarations Ordinance (Cap 11).The assessors shall have the same power of entry and inspection as the commission. (9) Affidavits and statutory declarations may, by permission of the commission, be used as evidence at the hearing. (10) At the time and place appointed for holding the inquiry the commission may proceed with the inquiry whether the parties, upon whom a notice of inquiry has been served or who have obtained leave to appear, or any of them, are present or not. (11) The commission shall hold the inquiry in public save to the extent to which the commission directs, in relation to any part of the evidence or any argument relating thereto, that the inquiry be held in private in the interest of justice or in the public interest. (12) The Inspector who carried out or, before its discontinuance under paragraph (1), was carrying out an Inspector's investigation into an accident to which the inquiry relates shall be entitled to be present at any proceedings of the commission held in private. [cf. S.I. 1983/551 r. 17 U.K.] Cap 448B reg 18 Proceedings of public inquires Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 36 of 1999 s. 3 (1) The proceedings on the inquiry shall commence with an opening speech by or on behalf of the Secretary for Justice, followed at the discretion of the commission with brief speeches by or on behalf of the other parties. The proceedings shall continue with the production and examination of witnesses on behalf of the Secretary for Justice. These witnesses, after being examined on behalf of the Secretary for Justice, may be cross-examined by the parties in such order as the commission may direct, and may then be re-examined on behalf of the Secretary for Justice. (L.N. 362 of 1997) (2) When the examination of the witnesses produced on behalf of the Secretary for Justice has been concluded, the commission shall proceed to hear the other parties to the proceedings. Each party to the proceedings shall be entitled to address the commission and produce witnesses or recall any of the witnesses who have already been examined for further examination and generally adduce evidence. The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the commission shall direct. Further witnesses may also be produced and examined on behalf of the Secretary for Justice and may be cross-examined by the parties and re-examined on behalf of the Secretary for Justice. (L.N. 362 of 1997) (3) When the whole of the evidence has been concluded any of the parties who desires so to do may address the commission upon the evidence and the commission may be addressed in reply upon the whole case on behalf of the Secretary for Justice. (L.N. 362 of 1997) (4) The commission may adjourn the inquiry from time to time and from place to place, and where an adjournment is asked for by any party to the inquiry the commission may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting the adjournment. (5) Upon completion of the inquiry, the commission shall make a report to the Chief Executive stating the facts relating to the accident and the opinion of the commission touching the cause or causes of the accident or on the particular matter referred to the commission and adding any recommendations which the commission thinks fit to make with a view to the preservation of life and the avoidance of accidents in the future. (36 of 1999 s. 3) (6) Each assessor shall either sign the report with or without reservations, or state in writing his dissent therefrom and his reasons for any such dissent, and such reservations or dissent and reasons shall be forwarded to the Chief Executive with the report. The Chief Executive shall, unless in his opinion there are good reasons to the contrary, cause any such report and reservations or dissent and reasons to be made public wholly or in part in such manner as he thinks fit. (36 of 1999 s. 3) (7) Every person attending as a witness before the commission shall be allowed such expenses as would be allowed to a witness attending before the High Court, and in case of dispute as to the amount to be allowed, the same shall be referred to the Registrar of the High Court who on request signed by the chairman to the commission shall ascertain and certify the proper amount of the expenses: (25 of 1998 s. 2) Provided that in the case of any party to the proceedings or of any person in the employment of such a party, any such expenses may be disallowed if the commission in its discretion so directs. [cf. S.I. 1983/551 r. 18 U.K.] Cap 448B reg 19 Rehearing of public inquiries Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive may, in any case where a public inquiry has been held, direct the inquiry to be reheard either generally or as to any part thereof and shall do so- (a) if after the completion of the inquiry new and important evidence has been discovered; or (b) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.(2) If the Chief Executive directs any inquiry to be reheard, he may direct that the inquiry shall be reheard either by the commission by whom it was heard in the first instance or by some other qualified persons appointed by him to hold the rehearing. (3) Any inquiry reheard shall be subject to and conducted in accordance with the provisions of these regulations relating to the holding of public inquiries. (36 of 1999 s. 3) [cf. S.I. 1983/551 r. 19 U.K.] Cap 448B reg 20 Accidents to aircraft registered outside Hong Kong Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART V GENERAL (1) Where an accident has occurred in or over Hong Kong to an aircraft registered in any country, territory or place other than Hong Kong, the Director may authorize an investigator appointed by the duly competent authority of that other country, territory or place to carry out an investigation in Hong Kong and in that event the Director shall so far as he is able facilitate inquiries by the investigator so appointed. (2) In any Inspector's investigation or any public inquiry an accredited representative of the country, territory or place in which the aircraft is registered, or of any country, territory or place in which the aircraft was manufactured or which has, on request, furnished information in connexion with the accident, may take part in the investigation or in the inquiry as the case may be, that is to say, he shall be permitted to visit the scene of the accident, examine the wreckage, question witnesses, receive copies of all pertinent documents (saving all just exceptions), have access to all relevant evidence and make submissions; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country, territory or place by which he is appointed. (36 of 1999 s. 3) [cf. S.I. 1983/551 r. 20 U.K.] Cap 448B reg 21 Extension of time The Inspector, in the case of the period of 28 days prescribed in regulation 11(3), and the Director, in the case of the period of 21 days prescribed in regulation 12(1), shall have power to extend the said periods, and this power shall be exercisable notwithstanding that the period so prescribed has expired. [cf. S.I. 1983/551 r. 21 U.K.] Cap 448B reg 22 Obstruction of investigation Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) A person shall not obstruct or impede a commission of inquiry or a board of review or an Inspector or an assessor or any person acting under the authority of the Chief Executive in the exercise of any powers or duties under these regulations. (36 of 1999 s. 3) (2) A person shall not without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these regulations tendered to him, to comply with any summons or requisition of a commission of inquiry or of a board of review or of an Inspector holding an Inspector's investigation or undertaking any inquiries with a view to determining whether any investigation should be held under these regulations. [cf. S.I. 1983/551 r. 22 U.K.] Cap 448B reg 23 Revocation The Hong Kong Civil Aviation (Investigation of Accidents) Regulations 1972 (App. I, p. L, 1972 R. Ed.) are hereby revoked: Provided that the revocation shall not affect any investigation, review or inquiry commenced under those regulations and any such investigation, review or inquiry may be continued as if these regulations had not been made.
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