PART III | Non-disclosure of records |
18.—(1) Subject to sub-paragraph (2), no person shall disclose or make available to any other person any of the following records for any purpose other than an investigation carried out under this Order unless the High Court determines that the benefits resulting from disclosure outweighs the adverse domestic and international impact the disclosure may have on that or any future investigation:| (a) | any statement taken from any person in the course of an investigation; | | (b) | any communication between any person having been involved in the operation of the aircraft; | | (c) | any medical or private information regarding any person involved in the accident or incident; | | (d) | any cockpit voice recording and transcript from such recording; | | (e) | any ATS voice recording and transcript from such recording; or | | (f) | any opinion expressed in the analysis of information, including flight recorder information. |
| (2) A record referred to in sub-paragraph (1) shall be included in a Final Report or its appendices, or in any other report only when it is relevant to the analysis of the accident or incident. |
| (3) Such parts of the record which are not relevant to the analysis of the accident or incident shall not be included in the Final Report. |
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| Release and disposal of aircraft and wreckage |
19.—(1) If the retention of the aircraft involved in an accident or incident, parts of the aircraft or aircraft wreckage, or any contents of the aircraft is no longer necessary for the purposes of an investigation, the Chief Inspector shall release custody of the aircraft, parts, wreckage or contents to the following person or persons:| (a) | if the aircraft is a Singapore aircraft —| (i) | the owner of the aircraft, parts, wreckage or contents; | | (ii) | where the owner is dead, his personal representative; or | | (iii) | a person authorised in writing by the owner or his personal representative to take custody on behalf of the owner or the owner’s personal representative; and |
| | (b) | in any other case, to the person or persons designated by the State of Registry or the State of the Operator, as the case may be. |
| (2) If a person to whom custody of the aircraft, parts, wreckage or contents is to be released refuses to take custody thereof or fails to take custody within a reasonable period, the aircraft, parts, wreckage or contents may be disposed of in such manner as the Chief Inspector considers fit. |
| (3) The expenses incurred by the Chief Inspector in disposing of the aircraft, parts, wreckage or contents shall be borne by the owner or operator of the aircraft and be recoverable from either or both of them. |
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20.—(1) The Minister, the Chief Inspector and an investigator-in-charge shall not be required to hold aircraft records or factual information concerning an accident or incident beyond such time as is necessary for the completion of the investigation and reports.(2) The records and information referred to in sub-paragraph (1) include —| (a) | photographs; | | (b) | written statements; and | | (c) | documents pertaining to the accident or incident, the circumstances of the accident or incident, or the aircraft or personnel involved. |
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| (3) Such records shall be returned to the persons from whom they were obtained and if not claimed by such persons after a reasonable period, may be disposed of in any manner that the Chief Inspector considers fit. |
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| Obstruction of investigation |
21.—(1) No person shall obstruct or impede an Inspector or any person acting under the authority of the Minister or the Chief Inspector in the exercise of any rights, powers or duties under this Order.| (2) No person shall without reasonable excuse and after having had the expenses (if any) to which he is entitled tendered to him, fail to comply with any summons of an investigator-in-charge carrying out an investigation under this Order or of any person empowered to exercise the powers of the investigator-in-charge under paragraph 9(4). |
| (3) The onus of proving reasonable excuse for failing to comply with a summons shall lie on the person relying on such excuse. |
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| 22. Any person who contravenes paragraph 4(1) or (3), 6(1), 15(3), 18(1) or 21(1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. |
| 23. Nothing in this Order shall limit the powers of cancelling, suspending or endorsing any licence, certificate or other document under the Act or any other subsidiary legislation made thereunder. |
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