【法规名称】
【法规编号】 68793 什么是编号？
【正 文】
第5页 CAP 448B HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
|
[接上页] (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. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！