Hong Kong Regulations

HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS - REGULATION 14

Proceedings of board of review

(Past version on 18/06/2004).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(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 Transport
and Housing, determines. (L.N. 125 of 2004; L.N. 130 of 2007)

(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.]