【法规名称】
【法规编号】 68793 什么是编号？
【正 文】
第3页 CAP 448B HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
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[接上页] (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 |
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