### Civil Aviation Ordinance 《民航條例》

15. Repeals and savings
(1) The Civil Aviation Act 1949 (1949 c. 67 U.K.), in so far as it applies to Hong Kong, is repealed.
(2) The following, in so far as they apply to Hong Kong, are repealed, namely—
(a) the Civil Aviation Act 1971 (Overseas Territories) Order 1973 (App. III, p. DG1);
(b) the Air Corporations (Dissolution) Order 1973 (App. III, p. DH1); and
(c) the Civil Aviation Act 1971 (Overseas Territories) Order 1976 (App. III, p. DM1).
(3) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply to each of the repeals effected by subsections (1) and (2) as they apply in relation to the repeal of a provision of an Ordinance.
(4) Notwithstanding the repeal effected by subsection (1)—
(a) the Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995)*, as amended by the Civil Aviation (Amendment) Ordinance 1997 (66 of 1997), shall continue in force under this Ordinance and shall be deemed for all purposes to have been made by the Chief Executive in Council under sections 2A, 12 and 13(2);
(b) any regulation**, direction, rule, licence or other instrument made, issued or continued under the Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995) shall, if in force on the commencement*** of this section, continue in force and shall be deemed for all purposes to have been made, issued or continued under an order made by the Chief Executive in Council under sections 2A, 12 and 13(2). (Amended 36 of 1999 s. 3)
(Added 66 of 1997 s. 11) Editorial Note:

* Now Cap. 448 sub. leg. C.
** See the Hong Kong Air Navigation (Fees) Regulations (Cap. 448 sub. leg. D).
*** Commencement date: 13 June 1997.

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

1. Citation
These regulations may be cited as the Hong Kong Civil Aviation (Investigation of Accidents) Regulations.

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

2A. Meaning of accident

3. Application
(1) These regulations apply only to civil aviation.
(2) These regulations apply to an accident or incident—
(a) that arises out of or in the course of air navigation; and
(b) that—
(i) occurs to a civil aircraft in or over Hong Kong; or
(ii) occurs elsewhere to a civil aircraft registered in Hong Kong.
(L.N. 115 of 2017)

4. Objective of investigation
(1) The sole objective of the investigation of an accident or incident under these regulations is the prevention of accidents and incidents.
(2) It is not the purpose of an investigation to apportion blame or liability.
(L.N. 115 of 2017)

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

6. Information relating to accidents and incidents
(L.N. 115 of 2017)The Chief Inspector may at any time publish, or cause to be published, information relating to an accident or incident, whether or not the accident or incident is the subject of a board of review or of a public inquiry.
(L.N. 115 of 2017)[cf. S.I. 1983/551 r. 6 U.K.]

7. Access to and removal of damaged aircraft
(1) Subject to regulation 9, if an accident or a serious incident occurs in or over Hong Kong—
(a) no person other than an authorized person may have access to the aircraft involved in the accident or serious incident; and
(b) neither the aircraft nor its contents may, except under the authority of the Chief Inspector, be removed or otherwise interfered with.
(2) However, the aircraft may be removed or interfered with as far as necessary for—
(a) extricating persons or animals;
(b) removing any mail, valuables or dangerous goods carried by the aircraft;
(c) preventing destruction by fire or other cause;
(d) preventing any danger or obstruction to the public, or to air navigation or other transport; or
(e) removing other property from the aircraft under the supervision of an Inspector, or with the agreement of an Inspector or a police officer.
(3) Moreover, if an aircraft is wrecked on the water, the aircraft or any of its contents may be removed as far as necessary for bringing it or them to a place of safety.
(4) In this regulation—

authorized person (獲授權人士) means a person authorized by the Chief Inspector either generally or specifically to have access to any aircraft involved in an accident or a serious incident, and includes—
(a) any police officer; and
(b) any officer of the Customs and Excise Service.

(L.N. 115 of 2017)

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

8. Inspectors
(1) For the purpose of carrying out investigation into the circumstances and causes of aircraft accidents and incidents, the Chief Executive may from time to time appoint—
(a) a suitably qualified person to be Chief Inspector; and
(b) the number of other suitably qualified persons that the Chief Executive considers necessary to be Inspectors.
(2) The Chief Inspector, together with the Inspectors, is the accident investigation authority in Hong Kong under the Transport and Logistics Bureau. (L.N. 144 of 2022)
(3) The Chief Inspector is directly accountable to the Secretary for Transport and Logistics. (L.N. 144 of 2022)
(4) The Chief Inspector is to ensure that an investigation into an accident or a serious incident is carried out.
(5) The Chief Inspector may decide that an investigation is to be carried out into an incident that is not a serious incident if the Chief Inspector expects that air safety lessons can be drawn from the investigation.
(6) The Chief Inspector may be in charge of carrying out an investigation himself or herself, or direct an Inspector to be in charge of carrying out an investigation.
(7) Without limiting the power of an Inspector to seek the advice or assistance the Inspector considers necessary in carrying out an investigation, the Chief Inspector may appoint persons to assist in a particular investigation.
(8) The persons appointed under paragraph (7) have the powers of an Inspector under these regulations as specified in their appointment.
(L.N. 115 of 2017)