Singapore legislation
Section 55
Section 55
Powers of Inspectors, etc.
(1)
For the purposes of enabling him or her to carry out an investigation into an accident or incident under and in accordance with this Part and any regulations made for the purposes of this Part, an Inspector must, where the whole or any part of the investigation is carried out in Singapore —
have free and unhampered access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;
have immediate and unrestricted access to and use of the contents of the flight recorders, air traffic service provider’s records and any other recordings;
have access to and be provided with the results of examinations of the bodies of victims or of tests made on samples taken from the bodies of the victims;
have immediate access to and be provided with the results of examinations of the persons involved in the operation of the aircraft or of tests made on samples taken from those persons; and
have free access to any relevant information or records held by any relevant person within the meaning of section 54(2), any maintenance contractor or subcontractor of an operator of an aircraft, the hirer, the designer or the manufacturer of the aircraft, and by the authorities for civil aviation or airport operation or air traffic services.
(2)
For the purposes of enabling him or her to carry out an investigation into an accident or incident under and in accordance with this Part and any regulations made for the purposes of this Part, an Inspector may, where the whole or any part of the investigation is carried out in Singapore —
by summons under the hand of the Inspector —
call before him or her and examine any person as he or she thinks fit;
require such person to answer any question or provide any information or produce any books, papers, documents and articles which the Inspector may consider relevant; and
make copies of and retain any such books, papers, documents and articles until the completion of the investigation;
take statements from any person that the Inspector thinks fit and require that person to make and sign a declaration of the truth of the statement made by that person;
on production, if required, of his or her credentials, enter and inspect any place, building or aircraft the entry or inspection of which appears to the Inspector to be necessary for the purposes of the investigation;
on production, if required, of his or her credentials, remove, test, take measures for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident where it appears to the Inspector to be necessary for the purposes of the investigation;
take possession of, examine, remove, test or take measures for the preservation of any object or evidence as he or she considers necessary for the purposes of the investigation;
require an immediate listing of evidence and removal of debris or components for examination or analysis purposes;
require the readout of the flight recorders;
in the case of a fatal accident, require a complete autopsy examination of fatally injured flight crew, and, when necessary, passengers and aviation personnel by a pathologist, and if a pathologist experienced in the investigation of aircraft accidents is available, by such pathologist, and require the autopsy report or reports to be submitted to an Inspector;
where appropriate, require the medical examination or toxicological examination of the crew, passengers and aviation personnel involved in the accident or incident by a medical practitioner, and if a medical practitioner experienced in the investigation of aircraft accidents is available, by such medical practitioner, and require the medical report or toxicological report or both (as the case may be) to be submitted to an Inspector;
require the crew, passengers and aviation personnel involved in the accident or incident to undergo such other tests (including a breathalyser test) as he or she considers necessary for the purposes of the investigation, and require the test report or reports to be submitted to an Inspector; and
have any other powers that may be prescribed in regulations made for the purposes of this Part.
(3)
Without limiting subsections (1) and (2), an Inspector may request another Contracting State to provide any information, facilities or experts that he or she may consider necessary for the purposes of an investigation.
(4)
A person to whom a summons or requirement is given by an Inspector in accordance with this section shall be guilty of an offence if the person —
fails to attend before the Inspector in accordance with the summons or requirement;
refuses to take an oath or make an affirmation when required by the Inspector to do so;
refuses or fails to answer a question lawfully put to the person; or
fails to produce to the Inspector the specified evidential material in accordance with the summons or requirement,and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(5)
A person is not excused from answering a question or producing evidential material in response to a summons or requirement made by an Inspector under this Part on the ground that the answer, or the production of the material, might tend to incriminate the person.
(6)
Where an individual claims, before answering a question or producing evidential material that the individual is required by an Inspector under this Part to give, that the answer or the production of evidential material might tend to incriminate him or her —
that answer or evidential material;
the giving of the answer or the production of evidential material; and
any information, document or thing obtained as a direct or indirect consequence of the giving of the answer or the production of evidential material,is not admissible in evidence against that individual in any civil proceedings or any criminal proceedings other than proceedings for an offence in respect of the falsity of the answer or evidential material produced.
(7)
Subsection (6) applies despite any other written law.[14