Hong Kong Regulations

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

Appointment of board of review

(Past version on 30/06/1997).

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. (L.N. 362 of
1997) [cf. S.I. 1983/551 r. 13 U.K.]