[Subsidiary]
Chief Secretary may direct inspector to investigate. Powers of inspectors in investigation of accidents or other occurrences. Further provisions as to investigations.
CAP. 270] Mass Transit Railway Regulations [1979 Ed.
5. (1) Where an accident or occurrence which is notifiable under these regulations has occurred, the Chief Secretary may direct an inspector to investigate the same.
(2) The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame therefor to any person.
(3) The Chief Secretary may in place of any inspector directed to carry out an investigation under paragraph (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred.
(4) The inspector shall, on completion of an investigation, make a report to the Chief Secretary who shall cause the contents thereof to be brought to the attention of the public in such manner as he thinks fit.
(5) A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences.
6. An inspector may, for the purpose of investigating an accident or occurrence pursuant to regulation 5, in addition to his powers under the Ordinance-
(a) by summons under his hand call before him such persons as he thinks fit;
(b) examine any such person and require him to answer any question or to give any information or to produce any document or article which the inspector thinks may be relevant to the investigation;
(c) permit any person to appear before him to give any such information or produce any such document or article;
(d) retain any such document or article until the completion of the investigation;
(e) require any person to make and sign a statutory declaration as to the truth of any statement made by him;
(f) remove, or take measures for the preservation of, any machinery, plant or equipment for the purpose of making any test or inspection;
(g) take such measures as may be necessary for the preservation of evidence.
7. (1) Every investigation by an inspector shall be held in private.
(2) A person summoned as a witness at any investigation shall be allowed such expenses as the Financial Secretary may determine.