1954-HKRS28-8-21_Part03 — Page 19

Public officery may be

authorized

to

discharge functions

of mines officer,

Accidenta and dangerous

to be

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(b) inspect and take copies of any registers, books, documents and plans connected with such prospecting or mining; (c) take samples, make surveys and do any other act or thing necessary for the purpose of discharging his functions under this Ordinance or the regulations.

48. The Commissioner may, by writing under his hand, authorize any public officer to discharge all or any of the functions of a mines officer under this Ordinance and the regulations, and where the authority is not general, it shall specify the functions which the public officer may discharge.

PART VIII.

INQUIRIES INTO ACCIDENTS, ETC.

49. (1) If in any mine, or in connexion with mining or prospecting operations, any accident causing loss of life or serious occurrences personal injury occurs, or if any dangerous occurrence, as specified in the regulations, takes place, whether any personal injury has been caused or not, the lessee or the holder of the licence shall forthwith report the same to the Commissioner and to the nearest police station.

reported.

Commis- sioner of Mines to decide if

(3) Any other accident occurring within the area of the lease or licence and resulting in injury to any employee of the lessee or the holder of a licence so as to cause him to be incapable of performing his ordinary work for three days or more shall be reported to the Commissioner by the lessee or the holder of the licence as soon as possible and not later than seven days after the date of such accident,

(3) If any accident causing personal injury is notified under this section and the person disabled subsequently dies as a result of the accident, notice in writing of the death shall be given forthwith to the Commissioner of Mines and to the Commissioner of Police.

50. If after receiving a report of the happening of an accident or of any dangerous occurrence and after such investigation, if any, as he may think necessary, the Commissioner is of the opinion

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that an inquiry into the cause of the accident or dangerous occur rence should be held, he shall instruct the Superintendent to hold such inquiry.

inquiry by Superin- tendent

shall be beld in cerlain

cases.

missioner.

51. (1) If, upon the holding of any inquiry by the Superin- Procedure

if inquiry tendent, the proceedings are frustrated or delayed owing to the conducted unwillingness of any witness to attend before the Superintendent by Com- or to produce books or records or to answer any question, or if such frustration or delay is brought about by any other cause, the Superintendent shall remit the inquiry to the Commissioner, who for the purposes of making further inquiry shall have all the powers of a magistrate to summon witnesses, to call for the production of books and documents and examine witnesses and parties concerned on oath.

(2) Any person summoned to attend before the Commissioner or to produce books or documents as aforesaid who fails to do so, or who refuses to answer any question put to him by or with the concurrence of the Commissioner, shall be guilty of an offence and liable to a fine of one thousand dollars:

Provided that no person shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him at such inquiry, be entitled to the same privileges as those to which he would have been entitled if giving evidence before a

court.

52. Any inquiry held by virtue of the provisions of this Part Saving. shail not derogate in any way from the powers or jurisdiction exercisable by magistrates under the Magistrates (Coroners (Cap. 14). Powers) Ordinance.

PART IX.

OFFENCES AND PENALTIES.

53. Any person who-

Unlawful

prospect.

mining.

(a) prospects, save under the authority of, and in accordance ing and

with the terms and conditions of, a valid prospecting licence;