【法规名称】
【法规编号】 68793 什么是编号？
【正 文】
第7页 CAP 448B HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
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[接上页] (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. |
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