PILOTAGE (DISCIPLINARY PROCEDURE) REGULATIONS

PILOTAGE (DISCIPLINARY PROCEDURE) REGULATIONS

PILOTAGE (DISCIPLINARY PROCEDURE)
REGULATIONS

(Cap. 84, section 21)

[20th October, 1972]

1. These regulations may be cited as the Pilotage (Disciplinary
Procedure) Regulations.

2. In these regulations-

'legal officer' means a legal officer within the meaning of the Legal
Officers Ordinance.

3. (1) A public officer appointed under section 18 of the Ordinance
to hold a preliminary inquiry may call upon

(a) the licensed pilot concerned; and

(b)any other person whom he considers may be able to assist
him in his inquiry,

to make a statement relating to the matter reported to the Authority
under section 17(1) of the Ordinance or the accident, as the case may be.

(2) On completion of his inquiry, the public officer shall submit to
the Authority a written record of the preliminary inquiry.

4. A board of investigation for the purposes of section 19 of the
Ordinance shall consist of

(a)a legal officer nominated by the Attorney General or a judicial
officer nominated by the Chief Justice, who shall be the
chairman of the board; and

(b)two members of the Committee nominated by the Authority.

5. (1) For the purpose of an investigation, a board of investigation
shall have power

(a) to receive evidence on oath;

(b)to summon any person to attend any meeting of the board to
give evidence or produce a document or other thing;

(c)to enter or board and inspect any premises, place or vessel;
and

(d) to inspect any article.

(2) A witness summons shall be in such form as the chairman of the
board of investigation may determine.





(3) Any person who, being summoned to attend a meeting of
a board of investigation to give evidence or to produce a document
or other thing, fails to do so or to answer any question put to him
by or with the concurrence of the board shall be guilty of an offence
and shall be liable on conviction to a fine of five hundred dollars and
to imprisonment for three months:

Provided that-

(a) no person shall be obliged to incriminate himself; and

(b)a witness shall be entitled to the privileges to which he
would be entitled if he were giving evidence before the
Supreme Court in a civil proceeding.

(4) A board of investigation may receive in evidence depositions
made on oath by any person before a magistrate in any Common-
wealth country or before a consular officer elsewhere if-

(a)at the time when the deposition was made the deponent
was not in Hong Kong; and

(b)the deposition is authenticated by the signature of the
magistrate or consular officer before whom it was made.

6. (1) The Authority shall cause a notice of the time and
place of meeting of a board of investigation to be served upon the
licensed pilot concemed.

(2) A notice shall be deemed to be served under paragraph (1)
if it is addressed to the licensed pilot and is-

(a) delivered to him personally; or

(b)sent by registered post to his last known place of residence,
business or employment.

(3) If-

(a)a board of investigation is satisfied that a licensed pilot
has been duly served with a notice under paragraph (1);
and

(b)he does not appear before the board at the time and
place specified in the notice,

the board may proceed to investigate the matter or accident in his
absence.

7. (1) A licensed pilot may be represented before a board of
investigation by counsel or a solicitor.

(2) The Authority may be represented before a board of
investigation by a legal officer or by counsel or a solicitor.
L.N. 173/71. Citation. Interpretation. (Cap. 87.) Procedure on preliminary inquiry. Composition of board of investigation. Power of board to receive evidence and summon witnesses. Notices of inquiry by a board of investigation. Rights of representation of parties to an inquiry by a board of investigation.

L.N. 173/71. Citation. Interpretation. (Cap. 87.) Procedure on preliminary inquiry. Composition of board of investigation. Power of board to receive evidence and summon witnesses. Notices of inquiry by a board of investigation. Rights of representation of parties to an inquiry by a board of investigation.

https://oelawhk.lib.hku.hk/items/show/2398

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