Hong Kong Regulations

HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS - REGULATION 13

Appointment of board of review

Caution: This is a past version. See the current version here.

(1) Where a notice of review in accordance with regulation 12 has been served
the Director shall inform the Governor who shall thereupon appoint a board of
review which shall consist of-

   (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 Attorney
General 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
Attorney General.

(3) The Attorney General 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 Attorney General, 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. [cf. S.I.
1983/551 r. 13 U.K.]