20
20
CAP. 285]
Mining.
[1964 Ed.
Commissioner of Mines to decide if inquiry by Superintendent shall be held in certain cases.
Procedure if inquiry conducted by Commissioner.
Saving.
twenty-four hours thereof to a mines officer and to the police station nearest to the place where the accident occurred.
(5) Every report made under subsection (1) or (2) shall state the names of every person suffering death or disablement, the nature and extent of the injuries to every such person, and the circumstances in which the accident occurred, and may be made by telephone, orally or in writing.
(6) Every report made under subsection (3) shall be in writing, and in addition to any report required under subsection (1) or (2), and shall include particulars of the time of the occurrence of the accident, any damage to the building in which the accident occurred or to the machinery or plant therein, and the circumstances in which the accident occurred.
(Replaced, 33 of 1960, s. 20)
48. 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 that an inquiry into the cause of the accident or dangerous occurrence should be held, he shall instruct the Superintendent to hold such inquiry.
49. (1) If, upon the holding of any inquiry by the Superintendent, the proceedings are frustrated or delayed owing to the unwillingness of any witness to attend before the Superintendent 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 shall be 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.
50. Any inquiry held by virtue of the provisions of this Part shall not derogate in any way from the powers or jurisdiction exercisable by magistrates under the Magistrates (Coroners Powers) Ordinance(Cap. Schedule).
20
20
CAP. 285]
Mining.
[1964 Ed.
Commissioner
of Mines to decide if inquiry by Superin-
tendent shall be held in certain
cases.
Procedure if inquiry con- ducted by Commissioner.
Saving.
twenty-four hours thereof to a mines officer and to the police station nearest to the place where the accident occurred.
(5) Every report made under subsection (1) or (2) shall state the names of every person suffering death or disablement, the nature and extent of the injuries to every such person, and the circumstances in which the accident occurred, and may be made by telephone, orally or in writing.
(6) Every report made under subsection (3) shall be in writ- ing, and in addition to any report required under subsection (1) or (2), and shall include particulars of the time of the occurrence of the accident, any damage to the building in which the accident occurred or to the machinery or plant therein, and the circum- stances in which the accident occurred.
(Replaced, 33 of 1960, s. 20)
48. 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 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.
49. (1) If, upon the holding of any inquiry by the Superin- tendent, the proceedings are frustrated or delayed owing to the unwillingness of any witness to attend before the Superintendent 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 shall be 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.
50. Any inquiry held by virtue of the provisions of this Part 570f1967,
shall not derogate in any way from the powers or jurisdiction exercisable by magistrates und
under the
Magistrates (Coroners (Cap. Schedule Powers) Ordinance.
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