### Hong Kong Civil Aviation (Investigation of Accidents) Regulations 《香港民航(意外調查)規例》

13. Appointment of board of review
(1) Where a notice of review in accordance with regulation 12 has been served the Chief Inspector shall inform the Chief Executive who shall thereupon appoint a board of review which shall consist of— (36 of 1999 s. 3; L.N. 115 of 2017)
(a) a magistrate, a legal officer within 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 a notice has been served under regulation 11(1) or (1A) 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-in-charge 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; L.N. 115 of 2017)[cf. S.I. 1983/551 r. 13 U.K.]

### Hong Kong Civil Aviation (Investigation of Accidents) Regulations 《香港民航(意外調查)規例》

15. Publication of reports
The Chief Executive shall, unless in his opinion there are good reasons to the contrary, cause the investigation report and, where a board of review has been held, the report of the board, to be made public wholly or in part in such manner as he thinks fit: (36 of 1999 s. 3 ; L.N. 115 of 2017)

Provided that—
(a) in any case where notice has been served under regulation 11(1) or (1A), the investigation report shall not be published before the expiry of the time for service of a notice of review under regulation 12(1); and
(b) save where a review is totally discontinued under regulation 14(5), in any case where a board of review is held, the investigation report shall not be published until the board has made a report to him under regulation 14(9).
(L.N. 115 of 2017)[cf. S.I. 1983/551 r. 15 U.K.]

16. Reopening of investigation or review
(1) In the case of any 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— (L.N. 115 of 2017)
(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 investigation or review thereof as the case may be. (L.N. 115 of 2017)
(36 of 1999 s. 3)[cf. S.I. 1983/551 r. 16 U.K.]

### Hong Kong Civil Aviation (Investigation of Accidents) Regulations 《香港民航(意外調查)規例》

20. Accidents or incidents to aircraft registered outside Hong Kong
(L.N. 115 of 2017)(1) If an accident or incident has occurred in or over Hong Kong to an aircraft registered in any country, territory or place other than Hong Kong, the Chief Inspector may authorize a person appointed by the accident investigation authority of that country, territory or place to carry out an investigation in Hong Kong. (L.N. 115 of 2017)
(1A) The Chief Inspector must as far as possible facilitate an investigation by the person authorized under paragraph (1). (L.N. 115 of 2017)
(2) In any investigation or any public inquiry an accredited representative of the country, territory or place in which the aircraft is registered, or of any country, territory or place in which the aircraft was manufactured or which has, on request, furnished information in connexion with the accident or incident, may take part in the investigation or in the inquiry as the case may be, that is to say, he shall be permitted to visit the scene of the accident or incident, examine the wreckage, question witnesses, receive copies of all pertinent documents (saving all just exceptions), have access to all relevant evidence and make submissions; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country, territory or place by which he is appointed. (L.N. 115 of 2017)
(36 of 1999 s. 3)[cf. S.I. 1983/551 r. 20 U.K.]

### Hong Kong Civil Aviation (Investigation of Accidents) Regulations 《香港民航(意外調查)規例》

21. Extension of time
The Inspector-in-charge, in the case of the period of 28 days prescribed in regulation 11(3), and the Chief Inspector, in the case of the period of 21 days prescribed in regulation 12(1), shall have power to extend the said periods, and this power shall be exercisable notwithstanding that the period so prescribed has expired.
(L.N. 115 of 2017)[cf. S.I. 1983/551 r. 21 U.K.]

22. Obstruction of investigation
(1) A person shall not obstruct or impede a commission of inquiry or a board of review or the Chief Inspector or an Inspector or an assessor or any person acting under the authority of the Chief Executive in the exercise of any powers or duties under these regulations. (36 of 1999 s. 3)
(2) A person shall not without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these regulations tendered to him, to comply with any summons or requisition of a commission of inquiry or of a board of review or of an Inspector holding an investigation or undertaking any inquiries with a view to determining whether any investigation should be held under these regulations.
(L.N. 115 of 2017)[cf. S.I. 1983/551 r. 22 U.K.]

23. Revocation
The Hong Kong Civil Aviation (Investigation of Accidents) Regulations 1972 (App. I, p. L, 1972 R. Ed.) are hereby revoked:
Provided that the revocation shall not affect any investigation, review or inquiry commenced under those regulations and any such investigation, review or inquiry may be continued as if these regulations had not been made.