Hong Kong Regulations

HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS - REGULATION 17

Holding of public inquires

(Past version on 30/06/1997).

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

PUBLIC INQUIRIES

(1) Where it appears to the Chief Executive that it is expedient in the public
interest to hold a public inquiry into the circumstances and causes of an
accident to which these regulations apply or into any particular matter
relating to the avoidance of such accidents in the future, he may appoint a
commission of inquiry for that purpose. In any such case any Inspector's
investigation relating to the accident or to the particular matter, as the
case may be, shall be discontinued except for the purpose of rendering
assistance as required by paragraph (3). (36 of 1999 s. 3)

(2) The commission shall consist of-

   (a)  a District Judge or magistrate; and

   (b)  not less than 2 assessors, each of whom shall possess an aeronautical
        or aeronautical engineering qualification or some other special skill
        or knowledge which is relevant to the conduct of the inquiry.

(3) Where the Chief Executive has appointed a commission of inquiry under this
regulation, he shall remit the case to the Secretary for Justice, and
thereafter the preparation and presentation of the case shall be conducted by
the Secretary for Justice; the Chief Inspector shall, on being required so to
do, render such assistance to the commission and to the Secretary for Justice
as is in his power. (L.N. 362 of 1997; 36 of 1999 s. 3)

(4) When a public inquiry has been ordered, the Secretary for Justice shall
cause a notice of the date, time and place and the nature of the inquiry to be
served upon the owner, operator, hirer and commander of any aircraft involved
in the accident and on any other person who in his opinion ought to be served
with such notice. (L.N. 362 of 1997)

(5) The Secretary for Justice, the owner, the operator, the hirer, the
commander and any other person upon whom a notice of inquiry has been served
under paragraph (4), shall be deemed to be parties to the proceedings. (L.N.
362 of 1997)

(6) Any other person may by leave of the commission appear, and any person who
obtains leave to appear shall thereupon become a party to the proceedings. Any
application for such leave may be made to the commission at a preliminary
meeting under paragraph (7).

(7) At any time before the date appointed for holding the inquiry, the
commission may hold a preliminary meeting at which any directions may be given
or any preliminary or interlocutory order as to the procedure may be made.
Notice of the date, time and place of the preliminary meeting shall be given
by the Secretary for Justice to the parties to the proceedings and to any
other person who has notified the Secretary for Justice that he intends to
apply to the commission for leave to appear. Any person intending to make an
application to the commission at the meeting shall give notice thereof to the
Secretary for Justice. (L.N. 362 of 1997)

(8) The commission shall have, for the purposes of the inquiry, all the powers
of a magistrate, and without prejudice to those powers, the commission may-

   (a)  enter and inspect, or authorize any person to enter and inspect, any
        place, building or aircraft the entry or inspection whereof appears to
        the commission to be requisite for the purposes of the inquiry;

   (b)  by summons require the attendance as witnesses of all such persons as
        the commission thinks fit to call and examine, and require such
        persons to answer any question or furnish any information or produce
        any books, papers, documents and articles which the commission may
        consider relevant;

   (c)  administer an oath to any such witness or permit the witness to make
        an affirmation in place thereof in accordance with the Oaths and 
        Declarations Ordinance ( Cap 11). The assessors shall have the same
        power of entry and inspection as the commission.

(9) Affidavits and statutory declarations may, by permission of the
commission, be used as evidence at the hearing.

(10) At the time and place appointed for holding the inquiry the commission
may proceed with the inquiry whether the parties, upon whom a notice of
inquiry has been served or who have obtained leave to appear, or any of them,
are present or not.

(11) The commission shall hold the inquiry in public save to the extent to
which the commission directs, in relation to any part of the evidence or any
argument relating thereto, that the inquiry be held in private in the interest
of justice or in the public interest.

(12) The Inspector who carried out or, before its discontinuance under
paragraph (1), was carrying out an Inspector's investigation into an accident
to which the inquiry relates shall be entitled to be present at any
proceedings of the commission held in private. [cf. S.I. 1983/551 r. 17 U.K.]