【法规名称】
【法规编号】 68793 什么是编号？
【正 文】
第4页 CAP 448B HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
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[接上页] (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. |
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