Cap. 448 sub. leg. B

Hong Kong Civil Aviation (Investigation of Accidents) Regulations(Format changes—E.R. 5 of 2018)(Cap. 448, sections 12 and 13) [21 October 1983] Editorial Note: These regulations were originally made under section 10 of the Civil Aviation Act 1949 (1949 c. 67 U.K.), as applied to Hong Kong by the Civil Aviation Act 1949 (Overseas Territories) Order 1969 (S.I. 1969/592 U.K.). See now sections 12 and 13 of the Civil Aviation Ordinance (Cap. 448), enacted in 1994. Part I Preliminary (Format changes—E.R. 5 of 2018) 1. Citation These regulations may be cited as the Hong Kong Civil Aviation (Investigation of Accidents) Regulations. 2. Interpretation (1) In these regulations, unless the context otherwise requires—accident (意外)—see regulation 2A; (L.N. 115 of 2017)accident investigation authority (意外調查當局) means the authority designated by the government of a country, territory or place to be responsible for the investigation of aircraft accidents and incidents; (L.N. 115 of 2017)aerodrome authority (機場主管當局) means, in relation to any aerodrome, the person (whether the Director or any other person) by whom the aerodrome is managed;aircraft (飛機) means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface; (L.N. 164 of 2024)cause (原因) means an action, omission, event or condition, or a combination of them, that has led to the occurrence of an accident or incident; (L.N. 164 of 2024)Chief Inspector (總調查主任) means the Chief Inspector appointed under regulation 8; (L.N. 115 of 2017)Contracting State (締約國) means a country, territory or place other than Hong Kong to which the Chicago Convention applies; (L.N. 164 of 2024)contributing factor (促成因素) means an action, omission, event or condition, or a combination of them, that, if eliminated, avoided or absent, would have—(a) reduced the probability of the accident or incident occurring; or(b) mitigated the severity of the consequences of the accident or incident; (L.N. 164 of 2024)crew (機員) includes every person employed or engaged in an aircraft in flight on the business of the aircraft;Director (處長) means the Director-General of Civil Aviation, the Deputy Director-General of Civil Aviation and any Assistant Director-General of Civil Aviation; (L.N. 326 of 2000)incident (事故) means an occurrence, other than an accident, associated with the operation of an aircraft that affects or could affect the safety of the operation; (L.N. 115 of 2017)Inspector (調查主任) means a person appointed as an Inspector under regulation 8(1); (L.N. 115 of 2017)Inspector-in-charge (主事調查主任), in relation to an investigation, means—(a) if the Chief Inspector is in charge of carrying out the investigation himself or herself—the Chief Inspector; or(b) the Inspector directed under regulation 8(6) to be in charge of carrying out the investigation; (L.N. 115 of 2017)investigation (調查) means a process conducted for the purposes of accident and incident prevention that includes—(a) gathering and analyzing any information;(b) drawing conclusions, including determining—(i) the causes of an accident or incident; or(ii) the contributing factors of an accident or incident; and(c) when appropriate, making any safety recommendations; (L.N. 164 of 2024)operator (經營人) in relation to an aircraft means the person for the time being having the management of that aircraft;owner (機主) means, where an aircraft is registered, the registered owner;pilot in command (機長), in relation to an aircraft, means the pilot who is—(a) designated by the aircraft’s operator or owner, as appropriate, as being in charge of the aircraft without being under the direction of another pilot in the aircraft; and(b) charged with the safe conduct of a flight; (L.N. 115 of 2017)safety recommendation (安全建議) means a proposal of the accident investigation authority that is—(a) based on any information derived from an investigation or other sources (including safety studies); and(b) made with the intention of preventing accidents or incidents; (L.N. 164 of 2024)serious incident (嚴重事故) means an incident that—(a) is associated with the operation of an aircraft involving circumstances indicating that there was a high probability of an accident; and(b) takes place after the time any person boards the aircraft with the intention of flight and no later than the time all persons who boarded with that intention have disembarked; (L.N. 115 of 2017) serious injury (嚴重損傷) means an injury which is sustained by person in an accident and which— (L.N. 115 of 2017) (a) requires hospitalization for more than 48 hours commencing within 7 days from the date on which the injury was received; or (L.N. 115 of 2017) (b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or (c) involves lacerations which cause nerve, muscle or tendon damage or severe haemorrhage; or (d) involves injury to any internal organ; or (e) involves second or third degree burns or any burns affecting more than 5 per cent of the body surface; or (L.N. 115 of 2017) (f) involves verified exposure to infectious substances or injurious radiation, (L.N. 115 of 2017) and seriously injured (受到嚴重損傷) is to be constructed accordingly; (L.N. 164 of 2024) State of Design (設計國), in relation to an aircraft, means the country, territory or place having jurisdiction over the organization responsible for the type design of the aircraft; (L.N. 164 of 2024)State of Manufacture (製造國), in relation to an aircraft, means the country, territory or place having jurisdiction over the organization responsible for the final assembly of—(a) the aircraft; or(b) the engine or propeller of the aircraft; (L.N. 164 of 2024)State of Registry (註冊國), in relation to an aircraft, means the country, territory or place in which the aircraft is registered; (L.N. 164 of 2024)State of the Operator (經營人所在國), in relation to an aircraft, means—(a) the country, territory or place in which the principal place of business of the operator of the aircraft is located; or(b) if there is no such place of business—the country, territory or place of the operator’s permanent residence. (L.N. 164 of 2024)(L.N. 115 of 2017)(1A) In these regulations, in the context of an aircraft involved in an accident or incident, a reference to the owner, operator, hirer or pilot in command is a reference to the aircraft’s owner, operator, hirer or pilot in command at the time of the accident or incident. (L.N. 115 of 2017)(2) Any notice or other document required or authorized by any provision of these regulations to be served or given to any person may be served or given by delivering it to him or by sending it to him by post at his usual or last-known residence or place of business, whether in Hong Kong or elsewhere.[cf. S.I. 1983/551 r. 2 U.K.] 2A. Meaning of accident (1) An accident is an occurrence associated with the operation of an aircraft that takes place after the time any person boards the aircraft with the intention of flight and no later than the time all persons who boarded with that intention have disembarked, if applicable, in which—(a) a person is fatally or seriously injured as described in paragraph (2);(b) the aircraft sustains structural failure or damage as described in paragraph (3); or(c) the aircraft is missing or is completely inaccessible.(2) For paragraph (1)(a)—(a) the death or injury must result from the person’s—(i) being in the aircraft;(ii) direct contact with any part of the aircraft, including parts that have become detached from the aircraft; or(iii) direct exposure to jet blast;(b) the death or injury must not be from a natural cause, self-inflicted or inflicted by another person; and(c) the person must not be a stowaway hiding outside the areas normally available to the passengers and crew.(3) For paragraph (1)(b), the failure or damage must—(a) adversely affect the structural strength, performance or flight characteristics of the aircraft;(b) be such as would normally require major repair or replacement of the affected component; and(c) be none of the following—(i) engine failure or damage that is limited to a single engine (including its cowlings or accessories);(ii) damage that is limited to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens or the aircraft skin (such as small dents or puncture holes);(iii) minor damage to main rotor blades, tail rotor blades, landing gear, or resulting from hail or bird strike (including holes in the radome).(L.N. 115 of 2017) 3. Application (1) These regulations apply only to civil aviation.(2) Parts II, IIA, III, IV, V, VI and VII apply to an accident or incident if—(a) it arises out of or in the course of air navigation; and(b) any of the following conditions is met—(i) it occurs to a civil aircraft (whether or not registered in Hong Kong) in or over Hong Kong;(ii) it occurs to a civil aircraft registered in Hong Kong in or over a country, territory or place outside Hong Kong that is not a Contracting State;(iii) it occurs to a civil aircraft registered in Hong Kong in or over a Contracting State and the Contracting State has declined to investigate into the accident or incident. (L.N. 164 of 2024)(3) Part IVA applies to an accident or incident if it—(a) arises out of or in the course of air navigation; and(b) occurs to a civil aircraft (whether or not registered in Hong Kong) in or over a Contracting State. (L.N. 164 of 2024; L.N. 84 of 2025)(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) Part II Investigation of Accidents and Incidents (L.N. 115 of 2017)(Format changes—E.R. 5 of 2018) 5. Notice of accidents and incidents (L.N. 115 of 2017)(1) If an accident or a serious incident occurs, the pilot in command or (if the pilot in command is killed, missing or incapacitated) the operator must as soon as practicable—(a) give notice of the accident or serious incident to the Chief Inspector by the most suitable means of communication available; and(b) for an accident or a serious incident occurring in or over Hong Kong—also notify the Commissioner of Police of the accident or serious incident, and of the place where it occurred. (L.N. 115 of 2017)(1A) Without limiting paragraph (1), for an accident or a serious incident occurring on or adjacent to an aerodrome in or over Hong Kong, the aerodrome authority concerned must as soon as practicable—(a) give notice of the accident or serious incident to the Chief Inspector by the most suitable means of communication available; and(b) notify the Commissioner of Police of the accident or serious incident, and of the place where it occurred. (L.N. 115 of 2017)(2) The notice to the Chief Inspector referred to in paragraphs (1) and (1A) must state as far as possible— (L.N. 115 of 2017)(a) the identifying abbreviation (for an accident) ACCID or (for a serious incident) INCID; (L.N. 115 of 2017)(b) the manufacturer, model, nationality and registration marks, and serial number of the aircraft; (L.N. 115 of 2017)(c) the name of the owner, operator and hirer (if any) of the aircraft;(d) the name and qualification of the pilot in command, and the nationalities of the crew and passengers; (L.N. 115 of 2017)(e) the date and time (local time or Coordinated Universal Time) of the accident or serious incident; (36 of 1999 s. 3; L.N. 115 of 2017)(f) the last point of departure and the next point of intended landing of the aircraft;(g) the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;(h) (i) the number of crew on board the aircraft at the time of the accident or serious incident, and the number of them killed or seriously injured as a result of the accident;(ii) the number of passengers on board the aircraft at the time of the accident or serious incident, and the number of them killed or seriously injured as a result of the accident;(iii) the number of other persons killed or seriously injured as a result of the accident; (L.N. 115 of 2017)(i) a description of the accident or serious incident and the extent of the damage to the aircraft as far as is known; (L.N. 115 of 2017)(j) physical characteristics of the accident or serious incident area, as well as an indication of any access difficulties or special requirements to reach the site; and (L.N. 115 of 2017)(k) the presence and descriptions of any dangerous goods on board the aircraft at the time of the accident or serious incident. (L.N. 115 of 2017)(3) The Chief Inspector may, by written notice served on a person specified in paragraph (4), require the person to provide any information if the Chief Inspector has reasonable cause to believe that the information—(a) is related to any accident or incident; and(b) is in the person’s possession or control. (L.N. 164 of 2024)(4) A person specified for paragraph (3) is the owner, operator, hirer or pilot in command. (L.N. 115 of 2017)(5) For the purposes of paragraph (3), the notice is taken to have been served on a person specified in paragraph (4) if—(a) in the case of an individual, it is—(i) delivered by hand to the individual;(ii) left at, or sent by post to, the last known business or residential address of the individual;(iii) sent by fax transmission to the last known fax number of the individual; or(iv) sent by electronic mail transmission to the last known electronic mail address of the individual;(b) in the case of a company, it is—(i) delivered by hand to any director, manager, secretary, or other person concerned in the management of the company;(ii) left at, or sent by post to, the registered office of the company within the meaning of the Companies Ordinance (Cap. 622);(iii) sent by fax transmission to the last known fax number of the company; or(iv) sent by electronic mail transmission to the last known electronic mail address of the company;(c) in the case of a non-Hong Kong company, it is—(i) delivered by hand to, or sent by post to, a person resident in Hong Kong who is authorized to accept service of process and notices on its behalf for the purposes of Part 16 of the Companies Ordinance (Cap. 622) (authorized person) at the authorized person’s address delivered to the Registrar of Companies under that Ordinance;(ii) sent by fax transmission to the last known fax number of the authorized person; or(iii) sent by electronic mail transmission to the last known electronic mail address of the authorized person; or(d) in the case of a partnership, it is—(i) delivered by hand to any partner of the partnership;(ii) left at, or sent by post to, the last known principal place of business of the partnership;(iii) sent by fax transmission to the last known fax number of the partnership; or(iv) sent by electronic mail transmission to the last known electronic mail address of the partnership. (L.N. 164 of 2024)(6) A person specified in paragraph (4) on whom the notice is served must provide the information required to the Chief Inspector within the period and in the form specified in the notice. (L.N. 164 of 2024)(7) A person who, without reasonable excuse, fails to comply with paragraph (6) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (L.N. 164 of 2024)(8) Paragraph (7) also applies to a person’s failure to comply with paragraph (6) in a place outside Hong Kong if—(a) the information in question is related to an accident or incident that occurs to an aircraft registered in Hong Kong; and(b) the person is—(i) a Hong Kong permanent resident; or(ii) a Chinese citizen. (L.N. 164 of 2024)(9) A person who, in purported compliance with paragraph (6), knowingly or recklessly provides the Chief Inspector with any information that is false or misleading in a material particular commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (L.N. 164 of 2024)(10) Paragraph (9) also applies to a purported compliance with paragraph (6) in a place outside Hong Kong by a person in respect of providing any information if—(a) the information is related to an accident or incident that occurs to an aircraft registered in Hong Kong; and(b) the person is—(i) a Hong Kong permanent resident; or(ii) a Chinese citizen. (L.N. 164 of 2024)(11) Nothing in paragraph (3) prevents the Chief Inspector from receiving any information relating to an accident or incident from a person (whether or not specified in paragraph (4)) who is not required under paragraph (6) to provide the information. (L.N. 164 of 2024) 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) 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) 9. Power of Inspectors For the purpose of the investigation of any accident or incident, or any inquiries undertaken with a view to determining whether any such investigation should be held, an Inspector shall have power— (L.N. 115 of 2017)(a) by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation or any inquiry held pursuant to regulation 17 or, as the case may be, it is determined that an investigation shall not be carried out;(b) to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;(c) to have access to and examine any aircraft involved in any such accident or incident and the place where the accident or incident occurred and to require any such aircraft or any part or equipment thereof to be preserved unaltered pending investigation; (L.N. 115 of 2017)(d) to examine, remove, test, take measures for the preservation of, or otherwise deal with—(i) the aircraft involved in the accident or incident; or (L.N. 115 of 2017)(ii) where it appears to the Inspector requisite for the purposes of any such investigation or inquiries, any other aircraft,or any part of such aircraft or anything contained therein;(e) on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the Inspector to be requisite for the purposes of any such investigation or inquiries or any inquiry held pursuant to regulation 17, except that an Inspector shall not have power to enter any premises under this sub-paragraph for the purpose of inquiries with a view to determining whether an investigation should be held if at the time of the proposed entry the premises are being used as a dwelling;(ea) to use any information mentioned in regulation 5(3) or (11) received by the Chief Inspector; and (L.N. 164 of 2024)(f) to take such measures for the preservation of evidence as he considers appropriate.[cf. S.I. 1983/551 r. 9 U.K.] 10. Investigation (L.N. 115 of 2017)(1) Public notice that an investigation is taking place shall be given in such manner as the Chief Inspector thinks fit and shall invite any persons who desire to make representations concerning the circumstances or causes of the accident or incident to do so in writing within a time to be specified in the notice.(2) An investigation shall be held in private.(3) Where it appears to the Inspector-in-charge that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and to call evidence and examine witnesses. (4) Every person summoned by the Inspector-in-charge as a witness in accordance with these regulations shall be allowed such expenses as the Chief Inspector with the concurrence of the Secretary for Transport and Logistics determines. (L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)(5) The Chief Inspector may decide that an investigation being carried out into any accident or incident be discontinued. (L.N. 115 of 2017)(6) If an investigation is discontinued, the Chief Inspector must give public notice, in the way the Chief Inspector considers appropriate, of the discontinuation. (L.N. 115 of 2017)(7) (Repealed L.N. 115 of 2017)(L.N. 115 of 2017)[cf. S.I. 1983/551 r. 10 U.K.] 10A. Investigation report (1) Subject to paragraph (1A) and regulation 11, on completion of an investigation, the Inspector-in-charge must make an investigation report to be submitted by the Chief Inspector to the Chief Executive. (L.N. 164 of 2024)(1A) The report must not be submitted under paragraph (1)—(a) if no notice of review has been served in accordance with regulation 12(1) in relation to the report, before the expiry of—(i) the period specified in regulation 12(1); or(ii) if the period has been extended under regulation 12(1A) before its expiry—the period as extended; or (L.N. 84 of 2025)(b) if a notice of review has been served in accordance with regulation 12(1) in relation to the report—before the Chief Executive is informed of it under regulation 13(1). (L.N. 164 of 2024)(2) The report must contain—(a) the facts relating to the accident or incident concerned;(b) an analysis of the facts;(c) the conclusions as to the causes of, and any contributing factors to, the accident or incident; and(d) any safety recommendations the Inspector-in-charge considers appropriate for the preservation of life and the prevention of accidents or incidents. (L.N. 164 of 2024)(2A) The identification of any causes of, or contributing factors to, an accident or incident does not imply the assignment of fault or the determination of administrative, civil or criminal liability for the accident or incident. (L.N. 164 of 2024)(2B) It is not the purpose of a safety recommendation to create a presumption of blame or liability for an accident or incident. (L.N. 164 of 2024)(3) If an investigation is discontinued under regulation 10(5), no report is required to be made under this regulation.(L.N. 115 of 2017) 11. Notice of report and representations (L.N. 115 of 2017)(1) The Inspector-in-charge must, before making an investigation report under regulation 10A—(a) if it is practicable to do so and subject to paragraph (1A), serve a notice on—(i) the operator and pilot in command; and(ii) any person whose reputation is, in the Inspector-in-charge’s opinion, likely to be adversely affected by the report; and(b) consider any representations made in accordance with paragraph (3) by or on behalf of the persons served with the notice. (L.N. 115 of 2017)(1A) If any of the persons referred to in paragraph (1)(a) (specified person) is deceased, missing or mentally incapacitated, the notice must be served on the persons that the Inspector-in-charge considers at the time to best represent the interest of the specified person in the matter. (L.N. 115 of 2017)(2) The notice must—(a) include particulars of any proposed analysis of facts that may affect the person on whom, or in respect of whom, the notice is served;(b) include any conclusions as to the causes of the accident or incident that may affect the person; and (L.N. 115 of 2017)(c) state that the person may make a representation in accordance with paragraph (3). (L.N. 164 of 2024)(3) A representation must be in writing and be served on the Inspector-in-charge within 30 days of service of the notice or within the period extended under paragraph (3A). (L.N. 115 of 2017; L.N. 164 of 2024 and L.N. 84 of 2025)(3A) The Inspector-in-charge may extend the period of 30 days mentioned in paragraph (3) whether or not the period has expired. (L.N. 164 of 2024 and L.N. 84 of 2025)(4) A copy of the investigation report made under regulation 10A on completion of the investigation must be served by the Inspector-in-charge on any person who has been served with a notice under paragraph (1) or (1A). (L.N. 115 of 2017)(L.N. 164 of 2024)[cf. S.I. 1983/551 r. 11 U.K.] Part IIA Rights of Contracting States to Participate in Investigations and in respect of Certain Accidents with Fatalities or Serious Injuries (Part IIA added L.N. 164 of 2024) 11A. Contracting States may appoint accredited representatives to participate in investigations (1) A Contracting State described in paragraph (2) may appoint an accredited representative on the basis of the qualifications of the person to be appointed to participate in an investigation of an accident or incident.(2) The Contracting State—(a) is—(i) the State of Registry;(ii) the State of the Operator;(iii) the State of Design; or(iv) the State of Manufacture,of the aircraft involved in the accident or incident; or(b) has, on request of the Chief Inspector, provided any information, facilities or experts to the Chief Inspector. 11B. Rights and obligations of accredited representatives appointed under regulation 11A(1) (1) Subject to paragraph (2), an accredited representative appointed under regulation 11A(1) may, under the control of the Inspector-in-charge, participate in all aspects of an investigation into an accident or incident and may in particular—(a) visit the scene of the accident or incident;(b) examine any wreckage;(c) obtain witness information and suggest areas of questioning;(d) have full access to all relevant evidence as soon as possible;(e) receive copies of all pertinent documents;(f) participate in read-outs of recorded media;(g) participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;(h) participate in progress meetings of the investigation, including deliberations relating to any analysis, findings, causes, contributing factors and safety recommendations; and(i) make submissions in respect of various aspects of the investigation.(2) If the accredited representative is appointed by a Contracting State that falls within regulation 11A(2)(b), the Chief Inspector may limit the accredited representative’s participation in the investigation to the matters in respect of which the Contracting State has provided information, facilities or experts.(3) The accredited representative—(a) is to provide to the Chief Inspector all information relating to the accident or incident concerned in his or her possession or control; and(b) is not to divulge information on the progress and the findings of the investigation without the express consent of the Chief Inspector. 11C. Appointment of advisers to assist accredited representatives appointed under regulation 11A(1) (1) A Contracting State that falls within regulation 11A(2) may appoint one or more advisers on the basis of the qualifications of each of the persons to be appointed to assist an accredited representative appointed by the Contracting State under regulation 11A(1).(2) The adviser is to participate in the investigation under the supervision of the accredited representative to the extent that is necessary to enable the effective participation of the accredited representative in the investigation.(3) The adviser—(a) is to provide to the Chief Inspector all information relating to the accident or incident concerned in his or her possession or control; and(b) is not to divulge information on the progress and the findings of the investigation without the express consent of the Chief Inspector. 11D. Contracting States’ rights as regards accidents involving their citizens (1) If a Contracting State has a special interest in an accident due to fatalities or serious injuries to its citizens, the Contracting State may—(a) appoint an expert for the purposes specified in paragraph (2); and(b) assist—(i) in the identification of the victims; and(ii) in any meetings with the survivors,who are citizens of the Contracting States.(2) The expert may—(a) visit the scene of the accident concerned;(b) have access to—(i) any facts relating to the accident approved for public release by the Chief Inspector; and(ii) any information relating to the progress of the investigation; and(c) receive a copy of the investigation report after it is made public under regulation 15. Part III Board of Review (Format changes—E.R. 5 of 2018) 12. Notice of review (1) Any person who has been served with a notice under regulation 11(1) or (1A) may, at any time before the expiration of the period of 21 days from the day on which the person has been served with a copy of the report under regulation 11(4), (or within the period extended under paragraph (1A)) serve on the Chief Inspector written notice (hereinafter called the notice of review) that the person wishes those findings and conclusions in the report from which it appears that the person’s reputation or, as the case may be, the reputation of the person on whose behalf representations have been made under regulation 11(3), is likely to be adversely affected, to be reviewed by a board of review. (L.N. 164 of 2024 and L.N. 84 of 2025)(1A) The Chief Inspector may extend the period of 21 days mentioned in paragraph (1) whether or not the period has expired. (L.N. 164 of 2024 and L.N. 84 of 2025)(2) The notice of review shall specify the findings and conclusions that it is considered should be reviewed by a board of review and shall state concisely the grounds on which the findings and conclusions in the report are challenged and there shall be appended to the notice a copy of any representations made under regulation 11(3).(3) A copy of the notice of review (together with a copy of any representations made under regulation 11(3)) shall, at the same time as the notice of review is served on the Chief Inspector, be served on the Secretary for Justice, and the person requesting the review shall then or as soon as possible thereafter inform the Secretary for Justice whether or not he proposes to be represented at the hearing of the review and of the name and address of the solicitor, if any, acting for him, or of any other person who will be representing him at the review. (L.N. 362 of 1997)(4) A copy of the notice of review shall also be served by the person requesting the review on all other persons on whom the Inspector-in-charge has served a notice under regulation 11(1) or (1A), and for this purpose the person requesting the review may require the Inspector-in-charge to furnish him with the names and addresses of those persons.(L.N. 115 of 2017)[cf. S.I. 1983/551 r. 12 U.K.] 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.] 14. Proceedings of board of review (1) The person requesting the review shall be heard by the board and shall have the right to give evidence, produce witnesses and examine any other witnesses giving evidence at the review. The Inspector-in-charge shall be entitled to be heard by the board. (L.N. 115 of 2017)(2) Any person who in the opinion of the board may be directly affected by the review may be granted leave to appear and to give evidence, produce witnesses and examine any other witnesses giving evidence at the review. Any application for such leave may be made to the board at the preliminary meeting.(3) In any proceedings of the board the person requesting the review and any other person appearing pursuant to leave granted under paragraph (2) may appear in person or be represented by any other person whom he may have authorized to represent him.(4) The board shall have all the powers of an Inspector under these regulations and, in addition, may administer an oath to any witness or permit the witness to make an affirmation in place thereof in accordance with the Oaths and Declarations Ordinance (Cap. 11).(5) (a) Where new and important evidence is given at the review, which was not given at the investigation, the board may, on an application by the Chief Inspector, discontinue the review, and the Chief Inspector shall thereupon cause the investigation to be reopened.(b) Where at any time during the review the board is satisfied that any of the findings and conclusions in the investigation report do not adversely affect the reputation of the person in respect of whom the notice of review was served, the board may discontinue the review in respect of those findings and conclusions.(c) Where a review is totally discontinued under this paragraph no report shall be made to the Chief Executive under paragraph (9). (36 of 1999 s. 3; L.N. 115 of 2017)(6) Every person summoned by the board as a witness shall be allowed such expenses as the Chief Inspector, with the concurrence of the Secretary for Transport and Logistics, determines. (L.N. 125 of 2004; L.N. 130 of 2007; L.N. 115 of 2017; L.N. 144 of 2022)(7) The board may, if it thinks fit, order a person who appears or is represented at the review to pay in respect of the board’s costs such reasonable sum as may be specified in the order.(8) Any sum payable by virtue of an order under paragraph (7) may be recovered in like manner as payment of a debt ordered to be paid by a judgment of the High Court. (25 of 1998 s. 2)(9) Upon completion of the review, the board shall make a report to the Chief Executive containing a summary of the proceedings at the hearing and either confirming or rejecting in whole or in part those findings and conclusions of the Inspector-in-charge which were the subject of the review, together with its reasons therefor. The board shall also serve a copy of the report on all persons who appeared or were represented before the board. (36 of 1999 s. 3; L.N. 115 of 2017)[cf. S.I. 1983/551 r. 14 U.K.] 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.] Part IV Public Inquiries (Format changes—E.R. 5 of 2018) 17. Holding of public inquires (1) If it appears to the Chief Executive that it is in the public interest to hold a public inquiry into the circumstances and causes of an accident or incident, or into any particular matter relating to the prevention of accidents or incidents, the Chief Executive may appoint a commission of inquiry for the purpose. (L.N. 115 of 2017)(1A) If a commission is appointed under paragraph (1), any investigation into the accident or incident, or into the particular matter, must be discontinued except for rendering assistance required under paragraph (3). (L.N. 115 of 2017)(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 pilot in command and on any other person who in his opinion ought to be served with such notice. (L.N. 362 of 1997; L.N. 115 of 2017)(5) The Secretary for Justice, the owner, the operator, the hirer, the pilot in command 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; L.N. 115 of 2017)(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 Chief Inspector or an Inspector who carried out or, before its discontinuance under paragraph (1A), was carrying out an investigation into the accident or incident to which the inquiry relates shall be entitled to be present at any proceedings of the commission held in private. (L.N. 115 of 2017)[cf. S.I. 1983/551 r. 17 U.K.] 18. Proceedings of public inquires (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 or incident and the opinion of the commission touching the cause or causes of the accident or incident 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 prevention of accidents or incidents. (36 of 1999 s. 3; L.N. 115 of 2017)(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.] 18A. Contracting States may appoint accredited representatives to participate in public inquiries (1) A Contracting State described in paragraph (2) may appoint an accredited representative on the basis of the qualifications of the person to be appointed to participate in a public inquiry of an accident or incident.(2) The Contracting State—(a) is—(i) the State of Registry;(ii) the State of the Operator;(iii) the State of Design; or(iv) the State of Manufacture,of the aircraft involved in the accident or incident; or(b) has, on request of the commission, provided any information, facilities or experts to the commission.(L.N. 164 of 2024) 18B. Rights and obligations of accredited representatives appointed under regulation 18A(1) (1) Subject to paragraph (2), an accredited representative appointed under regulation 18A(1) may, under the control of the commission, participate in all aspects of a public inquiry into an accident or incident and may in particular—(a) visit the scene of the accident or incident;(b) examine any wreckage;(c) obtain witness information and suggest areas of questioning;(d) have full access to all relevant evidence as soon as possible;(e) receive copies of all pertinent documents;(f) participate in read-outs of recorded media;(g) participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;(h) participate in progress meetings of the public inquiry, including deliberations relating to any analysis, findings, causes, contributing factors and safety recommendations; and(i) make submissions in respect of various aspects of the public inquiry.(2) If the accredited representative is appointed by a Contracting State that falls within regulation 18A(2)(b), the commission may limit the accredited representative’s participation in the public inquiry to the matters in respect of which the Contracting State has provided information, facilities or experts.(3) The accredited representative—(a) is to provide to the commission all information relating to the accident or incident concerned in his or her possession or control; and(b) is not to divulge information on the progress and the findings of the public inquiry without the express consent of the commission.(L.N. 164 of 2024) 18C. Appointment of advisers to assist accredited representatives appointed under regulation 18A(1) (1) A Contracting State that falls within regulation 18A(2) may appoint one or more advisers on the basis of the qualifications of each of the persons to be appointed to assist an accredited representative appointed by the Contracting State under regulation 18A(1).(2) The adviser is to participate in the public inquiry under the supervision of the accredited representative to the extent that is necessary to enable the effective participation of the accredited representative in the public inquiry.(3) The adviser—(a) is to provide to the commission all information relating to the accident or incident concerned in his or her possession or control; and(b) is not to divulge information on the progress and the findings of the public inquiry without the express consent of the commission.(L.N. 164 of 2024) 19. Rehearing of public inquiries (1) The Chief Executive may, in any case where a public inquiry has been held, direct the inquiry to be reheard either generally or as to any part thereof and shall do so—(a) if after the completion of the inquiry 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 inquiry to be reheard, he may direct that the inquiry shall be reheard either by the commission by whom it was heard in the first instance or by some other qualified persons appointed by him to hold the rehearing.(3) Any inquiry reheard shall be subject to and conducted in accordance with the provisions of these regulations relating to the holding of public inquiries.(36 of 1999 s. 3)[cf. S.I. 1983/551 r. 19 U.K.] Part IVA Rights of Chief Inspector to Participate in Non-Hong Kong Investigations and in respect of Certain Accidents with Fatalities or Serious Injuries (Part IVA added L.N. 164 of 2024) 19A. Interpretation of Part IVA In this Part—AIA (non-HK) (外地調查當局) means an accident investigation authority designated by a Contracting State;non-Hong Kong accident or incident (外地意外或事故) means an accident or incident to which this Part applies under regulation 3(3);non-Hong Kong investigation (外地調查) means an investigation carried out by an AIA (non-HK) into a non-Hong Kong accident or incident. 19B. Chief Inspector may appoint accredited representatives to participate in non-Hong Kong investigations (1) In the case specified in paragraph (2), the Chief Inspector may appoint an accredited representative on the basis of the qualifications of the person to be appointed to participate in a non-Hong Kong investigation.(2) The case is—(a) Hong Kong is—(i) the State of Registry;(ii) the State of the Operator;(iii) the State of Design; or(iv) the State of Manufacture,of the aircraft involved in the non-Hong Kong accident or incident; or(b) Hong Kong has, on request of an AIA (non-HK), provided any information, facilities or experts to the AIA (non-HK). 19C. Rights and obligations of accredited representatives appointed by Chief Inspector (1) Subject to paragraph (2), an accredited representative appointed under regulation 19B(1) may, under the control of an AIA (non-HK), participate in all aspects of a non-Hong Kong investigation and may in particular—(a) visit the scene of the non-Hong Kong accident or incident;(b) examine any wreckage;(c) obtain witness information and suggest areas of questioning;(d) have full access to all relevant evidence as soon as possible;(e) receive copies of all pertinent documents;(f) participate in read-outs of recorded media;(g) participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;(h) participate in progress meetings of the investigation, including deliberations relating to any analysis, findings, causes, contributing factors and safety recommendations; and(i) make submissions in respect of various aspects of the non-Hong Kong investigation.(2) An accredited representative appointed in the case specified in regulation 19B(2)(b) is subject to the AIA (non-HK)’s power to limit the accredited representative’s participation in the non-Hong Kong investigation to the matters in respect of which Hong Kong has provided information, facilities or experts.(3) The accredited representative—(a) is to provide to the AIA (non-HK) all information relating to the non-Hong Kong accident or incident concerned in his or her possession or control; and(b) is not to divulge information on the progress and the findings of the non-Hong Kong investigation without the express consent of the AIA (non-HK). 19D. Appointment of advisers by Chief Inspector (1) In the case specified in regulation 19B(2), the Chief Inspector may appoint one or more advisers on the basis of the qualifications of each of the persons to be appointed to assist an accredited representative appointed under regulation 19B(1).(2) The adviser is to participate in a non-HK investigation under the supervision of the accredited representative to the extent that is necessary to enable the effective participation of the accredited representative in the investigation.(3) The adviser—(a) is to provide to the AIA (non-HK) all information relating to the non-Hong Kong accident or incident concerned in his or her possession or control; and(b) is not to divulge information on the progress and the findings of the non-Hong Kong investigation without the express consent of the AIA (non-HK). 19E. Hong Kong’s rights as regards non-Hong Kong accidents involving specified persons (1) If Hong Kong has a special interest in an accident to which this Part applies under regulation 3(3) due to fatalities or serious injuries to Hong Kong residents or Chinese citizens (specified persons)—(a) the Chief Inspector may appoint an expert for the purposes specified in paragraph (2); and(b) Hong Kong may assist—(i) in the identification of the victims; and(ii) in any meetings with the survivors,who are specified persons.(2) The expert may—(a) visit the scene of the accident concerned;(b) have access to—(i) any facts relating to the accident approved for public release by the AIA (non-HK) concerned; and(ii) any information relating to the progress of the non-Hong Kong investigation; and(c) receive a copy of the investigation report. Part V General (Format changes—E.R. 5 of 2018) 20. (Repealed L.N. 164 of 2024) 21. (Repealed L.N. 164 of 2024 and L.N. 84 of 2025) 22. Obstruction of investigation (1) A person must not without reasonable excuse 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 or discharge of any powers or duties under these regulations. (36 of 1999 s. 3; L.N. 164 of 2024)(1A) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (L.N. 164 of 2024)(1B) Paragraph (1A) also applies to an act of obstruction or impediment committed in a place outside Hong Kong if—(a) the relevant powers or duties are exercised or discharged in respect of an aircraft registered in Hong Kong; and(b) the act is done by—(i) a Hong Kong permanent resident; or(ii) a Chinese citizen. (L.N. 164 of 2024)(2) A person must 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. 164 of 2024)(3) A person who contravenes paragraph (2) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (L.N. 164 of 2024)(4) Paragraph (3) also applies to a person who has failed in a place outside Hong Kong to comply with a summons or requisition issued or made in respect of an accident or incident if—(a) the accident or incident occurs to an aircraft registered in Hong Kong; and(b) the person is—(i) a Hong Kong permanent resident; or(ii) a Chinese citizen. (L.N. 164 of 2024)(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. Part VI Transitional Provision—Hong Kong Civil Aviation (Investigation of Accidents) (Amendment) Regulation 2017 (L.N. 115 of 2017) (E.R. 5 of 2018)(Part VI added L.N. 115 of 2017) 24. Incomplete procedures (1) In this regulation—amended regulations (《經修訂的規例》) means these regulations as amended by the amending Regulation;amending Regulation (《修訂規例》) means the Hong Kong Civil Aviation (Investigation of Accidents) (Amendment) Regulation 2017 (L.N. 115 of 2017); (E.R. 5 of 2018)*commencement date (生效日期) means the commencement date of the amending Regulation; existing procedure (既有程序) means any investigation, review, inquiry, proceeding or other procedure— (a) that relates to an accident as defined in the pre-amended regulations that occurred before the commencement date; and (b) that, immediately before the commencement date, has not commenced or is not completed; pre-amended regulations (《修訂前的規例》) means these regulations as in force immediately before the commencement date.(2) In relation to an existing procedure, despite section 23 of the Interpretation and General Clauses Ordinance (Cap. 1), on and after the commencement date—(a) the amended regulations apply;(b) the Director ceases to have the functions or powers under the pre-amended regulations;(c) the Chief Inspector has the functions and powers under the amended regulations;(d) anything done before the commencement date under the pre-amended regulations is regarded as having been done under the amended regulations; and(e) anything that is in the process of being done immediately before the commencement date under the pre-amended regulations may continue to be done under the amended regulations. Editorial Note: * Commencement date: 3 December 2018. Part VII Transitional Provisions—Hong Kong Civil Aviation (Investigation of Accidents) (Amendment) Regulation 2024 (Part VII added L.N. 164 of 2024) 25. Interpretation of Part VII In this Part—amended Regulations (《經修訂的規例》) means these regulations as amended by the amending Regulation;amending Regulation (《修訂規例》) means the Hong Kong Civil Aviation (Investigation of Accidents) (Amendment) Regulation 2024 (L.N. 164 of 2024); (E.R. 1 of 2026)*commencement date (生效日期) means the date on which the amending Regulation comes into operation;pre-amended Regulations (《未修訂前的規例》) means these regulations as in force immediately before the commencement date. Editorial Note: * Commencement date: 25 July 2025. 26. Application of regulation 5 of amended Regulations Regulation 5(3), (5), (6), (7), (8), (9) and (10) of the amended Regulations does not apply in relation to any requirement that was made by the Chief Inspector under regulation 5(3) of the pre-amended Regulations before the commencement date. 27. Application of regulation 11 of amended Regulations (1) Regulation 11(3) of the amended Regulations does not apply in relation to any notice that was served under regulation 11(1) or (1A) of the pre-amended Regulations (specified notice) before the commencement date.(2) For the purposes of paragraph (1), regulation 11(3) of the pre-amended Regulations continues to apply in relation to a specified notice served before the commencement date as if regulation 12(7) of the amending Regulation had not been enacted. 28. Application of regulation 22 of amended Regulations Regulation 22(3) and (4) of the amended Regulations does not apply in relation to any summons or requisition mentioned in regulation 22(2) of the pre-amended Regulations issued or made before the commencement date.