Hong Kong Regulations

HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS - REGULATION 16

Reopening of investigation or review

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 36 of 1999 s. 3

(1) In the case of any Inspector's investigation which has not been the
subject of a review, the Chief Inspector may cause the investigation to be
reopened, and in the case of a review the Chief Executive may direct the
review to be reheard, in both cases either generally or as to any part
thereof, and the Chief Inspector or the Chief Executive, as the case may be,
shall do so-

   (a)  if after the completion of the investigation or the review 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 review to be reheard, he may direct
that the review shall be reheard either by the board by whom it was heard in
the first instance or by some other board appointed by him to hold the
rehearing.

(3) Any investigation reopened or review reheard shall be subject to and
conducted in accordance with the provisions of these regulations relating to
an Inspector's investigation or review thereof as the case may be.

(36 of 1999 s. 3) [cf. S.I. 1983/551 r. 16 U.K.]