【法规名称】
【法规编号】 68793 什么是编号？
【正 文】
第6页 CAP 448B HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
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[接上页] (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) |
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