Hong Kong Regulations

HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS - REGULATION 18

Proceedings of public inquires

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 36 of 1999 s.
3

(1) The proceedings on the inquiry shall commence with an opening speech by or
on behalf of the Secretary for Justice, followed at the discretion of the
commission with brief speeches by or on behalf of the other parties. The
proceedings shall continue with the production and examination of witnesses on
behalf of the Secretary for Justice. These witnesses, after being examined on
behalf of the Secretary for Justice, may be cross-examined by the parties in
such order as the commission may direct, and may then be re-examined on behalf
of the Secretary for Justice. (L.N. 362 of 1997)

(2) When the examination of the witnesses produced on behalf of the Secretary
for Justice has been concluded, the commission shall proceed to hear the other
parties to the proceedings. Each party to the proceedings shall be entitled to
address the commission and produce witnesses or recall any of the witnesses
who have already been examined for further examination and generally adduce
evidence. The parties shall be heard and their witnesses examined,
cross-examined and re-examined in such order as the commission shall direct.
Further witnesses may also be produced and examined on behalf of the Secretary
for Justice and may be cross-examined by the parties and re-examined on behalf
of the Secretary for Justice. (L.N. 362 of 1997)

(3) When the whole of the evidence has been concluded any of the parties who
desires so to do may address the commission upon the evidence and the
commission may be addressed in reply upon the whole case on behalf of the
Secretary for Justice. (L.N. 362 of 1997)

(4) The commission may adjourn the inquiry from time to time and from place to
place, and where an adjournment is asked for by any party to the inquiry the
commission may impose such terms as to payment of costs or otherwise as it may
think just as a condition of granting the adjournment.

(5) Upon completion of the inquiry, the commission shall make a report to the
Chief Executive stating the facts relating to the accident and the opinion of
the commission touching the cause or causes of the accident or on the
particular matter referred to the commission and adding any recommendations
which the commission thinks fit to make with a view to the preservation of
life and the avoidance of accidents in the future.

(36 of 1999 s. 3)

(6) Each assessor shall either sign the report with or without reservations,
or state in writing his dissent therefrom and his reasons for any such
dissent, and such reservations or dissent and reasons shall be forwarded to
the Chief Executive with the report. The Chief Executive shall, unless in his
opinion there are good reasons to the contrary, cause any such report and
reservations or dissent and reasons to be made public wholly or in part in
such manner as he thinks fit. (36 of 1999 s. 3)

(7) Every person attending as a witness before the commission shall be allowed
such expenses as would be allowed to a witness attending before the High
Court, and in case of dispute as to the amount to be allowed, the same shall
be referred to the Registrar of the High Court who on request signed by the
chairman to the commission shall ascertain and certify the proper amount of
the expenses: (25 of 1998 s. 2) Provided that in the case of any party to the
proceedings or of any person in the employment of such a party, any such
expenses may be disallowed if the commission in its discretion so directs.
[cf. S.I. 1983/551 r. 18 U.K.]