This regulation sets up disciplinary and investigation boards for pilotage matters, gives them powers to gather evidence and require attendance, and creates offences for non-compliance.
Pilotage (Disciplinary Procedure) Regulations(Cap. 84, section 21)[20 October 1972](Format changes—E.R. 5 of 2021) 1. Citation These regulations may be cited as the Pilotage (Disciplinary Procedure) Regulations. 2. Interpretation In these regulations—legal officer (律政人員) means a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87). 3. (Repealed L.N. 253 of 1993) 4. Composition of board of investigation A board of investigation for the purposes of section 18B(2)(b) or 19 of the Ordinance shall consist of— (L.N. 253 of 1993)(a) a legal officer nominated by the Secretary for Justice or a judicial officer nominated by the Chief Justice, who shall be the chairman of the board; and (L.N. 362 of 1997)(b) two members of the Committee nominated by the Authority. 5. Power of board to receive evidence and summon witnesses (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 at level 1 and to imprisonment for three months: (E.R. 5 of 2021) 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 High Court in a civil proceeding. (25 of 1998 s. 2) (4) A board of investigation may receive in evidence a deposition made on oath by any person before a holder of a judicial office or other person authorized by law to take the deposition, or before a consular officer, if— (12 of 2022 s. 12)(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 person before whom it was made. (12 of 2022 s. 12) 6. Notices of inquiry by a board of investigation (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 concerned.(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. Rights of representation of parties to an inquiry by a board of investigation (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. 8. Composition of board of discipline A board of discipline for the purposes of section 18 or 19(1A) of the Ordinance shall consist of the following members appointed by the Authority each of whom shall be a member of the Committee—(a) an officer of the Marine Department, as the Chairman;(b) a master mariner; and(c) a licensed pilot.(L.N. 253 of 1993) 9. Power of board of discipline (1) For the performance of its functions under the Ordinance, a board of discipline shall have power—(a) to require any person to attend any meeting of the board to answer questions or produce a document or other thing;(b) to board and inspect any vessel; and(c) to inspect any article.(2) Any person who is required to attend a meeting of a board of discipline to answer questions or to produce a document or other thing and who fails to do so shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (E.R. 5 of 2021)(3) A board of discipline may regulate its own procedure.(L.N. 253 of 1993)