| Informal Inquiry
(Under Cap. 281 and Cap.313)
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Preliminary Inquiry (PI)
(Hong Kong Registered Ships) (Under Cap. 281)
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Preliminary Inquiry (PI)
(Pilotage) (Under Cap. 84)
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Informal inquiries are carried out by MAISSPB into less serious, serious and very serious accidents occurring inside the waters of Hong Kong and to Hong Kong registered vessels anywhere in the world.
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In the case of a very serious accident occurring to a Hong Kong Registered ship, the Director of Marine may order a PI into the incident. He will appoint one or more professional officer(s) to conduct the investigation.
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For incidents involving Pilotage in Hong Kong waters, PA may, for minor incidents, appoint a BOD, or for more serious incidents, order a PI under the Pilotage Ordinance. |
In case of less serious accidents, after the investigation, the Chief of MAISSPB approves the investigation report. The follow up actions would be carried out by the appropriate Branch of the Department. The MAISSPB monitors that the implementation of the recommendations are carried out.
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The Investigation report completed by the appointed officer is submitted to the SEDL along with DM's observations including proposed Director's action and a recommendation on whether or not a Marine Court is warranted. |
The BOD may recommend a caution, written warning or written reprimand or downgrading of the pilot's licence for a period upto 12 months, or the board may recommend that a PI should be ordered |
For serious and very serious accidents, the Director of Marine would approve the investigation report. The Director is to determine also whether a review board is needed to further examine the investigation of the accident. He will accept/reject the findings/recommendations and decides the Director’s action plan, which is to be followed up by the appropriate Branch of the Department. As in the less serious accidents, the MAISSPB would monitor the implementation of the recommendations.
The summaries together with lessons learnt and the full investigation reports on serious and very serious accident are uploaded in the Marine Department web-site. http://www.mardep.gov.hk/en/publication/ereport.html
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SEDL accepts/rejects findings / recommendations. MD would then take the follow up action as ordered by the Director. If Marine Court is not ordered and there is no ongoing legal proceedings on the case, the PI report would be released. |
After receiving the BOD's recommendation or the PI report, the PA, in consultation with DoJ as appropriate, decides further action which, may include appointment of a BOI to further investigate the incident |
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*CE may order a Marine Court if warranted by the seriousness of the case, public interest etc. (hearing by a judicial officer assisted by assessors) |
*The BOI is chaired either by a legal officer nominated by DoJ or a judicial officer nominated by the Chief Judge of the High Court. He/She is assisted by two members of PAC. |
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Marine Court makes report to CE. The Court can suspend or cancel a certificate of competency. |
The Board submits its report to the PA and may make a recommendation on suspension or cancellation of a pilot's licence. |
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CE may approve publication of reports** and may accept/reject findings/recommendations of the Court. |
The PA makes the final decisions on the BOI's recommendations and decides whether the report should be published.** |
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Procedures for rehearing and appeal are provided for. |
A licensed pilot whose licence has been dealt with may appeal against the decision to a judge. |
| *Inquiry into Fitness or Conduct of Masters and Officers (Cap. 478) |
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| The Director of Marine may cause an inquiry to be held into the conduct of a Hong Kong certificated/licensed officer with regard to unfitness, misconduct, incompetence or negligence whether or not an accident has occurred. (Such an inquiry will not be held if a Marine Court is established to investigate a related accident). |
CE - Chief Executive
DoJ - Department of Justice
DM - Director of Marine who is also Pilotage Authority under the Pilotage Ordinance.
SEDL- Secretary for Economic Development and Labour
MISS - Marine Industrial Safety Section
PA - Pilotage Authority
PAC - Pilotage Advisory Committee
BOD - Board of Discipline
BOI - Board of Investigation
MD - Marine Department
MAISSPB – Marine Accident Investigation and Shipping Security Policy Branch
* Inquiries conducted by an independent body and the hearings are in public
** The Reports are published as public documents
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| A judicial officer appointed by the Chief Justice with one or two assessors will conduct the Inquiry. |
| The person conducting the Inquiry may cancel or suspend certificate of competency / licence or censure the holder. A report shall be made to the Director of Marine. ** |
| Appeals may be made to the High Court of First Instance. |