Jimu News
Jimu News reporter Shen Wai
More than a year has passed since the Tibet Airlines passenger plane deviated from the runway at Jiangbei Airport in Chongqing. Previously, Hu Lei, a lawyer and aviation enthusiast in Chengdu, Sichuan, had applied to the Southwest Regional Administration of Civil Aviation of China (hereinafter referred to as the Civil Aviation Southwest Administration) to disclose the investigation report of the accident.
On June 6, 2023, the Civil Aviation Southwest Bureau replied that the investigation of the incident had been completed, the report was being published, and the bureau would release the report through official channels. Hu Lei was not satisfied with the reply and filed an administrative lawsuit with the People's Court of Longquanyi District, Chengdu. On August 4, the Southwest Bureau of Civil Aviation issued an announcement saying that the technical investigation has been completed, the cause of the accident has been ascertained, and the final investigation report will be released to the public in the future.
On August 18, lawyer Hu Lei's lawsuit against the Southwest Bureau of Civil Aviation was tried in the Longquanyi District People's Court in Chengdu, Sichuan, but the verdict was not pronounced in court. On January 2, 2024, a Jimu News reporter learned that the court had pronounced a verdict on the case. The court held that the "Letter on Responding to the Application for Disclosure of Government Information" made by the Southwest Bureau of Civil Aviation against Hu Lei was not improper.
Notice issued by the Southwest Administration of Civil Aviation (screenshot of the webpage)
The Tibet Airlines passenger plane deviated from the runway
According to a previous report by Jimu News, at 8:09 on May 12, 2022, Tibet Airlines B-6425 aircraft TV9833 carried out the Chongqing-Nyingchi flight. All 113 passengers and 9 crew members on board were evacuated safely, and the injured passengers were all slightly injured and sent to the hospital for treatment, and the plane was damaged by fire.
According to the industry version of Feichang, the TV9833 flight model is Airbus A319-115 and the age is 9.5 years.
A passenger on the plane recalled to Jimu News that when the plane accelerated and was ready to take off, the plane was like a car with a sudden tire burst on the highway. Overhead luggage canopies popped open, oxygen masks fell off, and the plane began to tilt to one side, with flight attendants reminding passengers to take an impact-proof posture.
After the plane stopped, the flight attendants quickly opened the hatch and lowered the escape cushion to evacuate the passengers. After the passengers evacuated, it was found that there was an open flame in the fuselage. After escaping, some passengers felt that they had survived the catastrophe and "felt that they had picked up a life." ”
After the accident, a number of professionals analyzed that the landing gear of the passenger plane in the accident was broken and the engine fell off, basically reaching a scrapped state, and there was no value for maintenance.
Accident airliner (Image source: relevant media reports)
The lawyer applies for the disclosure of the accident investigation report
A year after the incident, Hu Lei, a lawyer and aviation enthusiast in Chengdu, Sichuan, applied to the Southwest Bureau of Civil Aviation for government information disclosure, requesting that the progress of the investigation of the accident be made public (annual report).
According to Article 48 of the Provisions on the Technical Investigation of Civil Aircraft Incidents, "the final investigation report of the accident and serious symptoms shall be released to the public in a timely manner within 12 months of the incident, except for those that are not disclosed in accordance with the law." "In the event of an accident or serious symptom that fails to release the final investigation report within 12 months of the incident, the department organizing the investigation shall announce the progress of the investigation to the public on the anniversary of the incident. ”
On June 6, 2023, the Southwest Bureau of Civil Aviation replied to Hu Lei, saying that the investigation of the incident has been completed, the report is being published, and the bureau will publish the report through official channels. Hu Lei was not satisfied with the reply and filed an administrative lawsuit with the People's Court of Longquanyi District, Chengdu.
Hu Lei said that whether it is in accordance with the general provisions of the regulations on open government information, or in accordance with the laws and regulations of the civil aviation system such as the "Provisions on Technical Investigation of Civil Aircraft Incidents", the investigation report and annual report of the unsafe incident of the B-6425 aircraft of Tibet Airlines should be released to the public in a timely manner by means of voluntary disclosure and disclosure upon application.
After filing an administrative lawsuit, Hu Lei received a "Reply" dated July 26 from the Southwest Bureau of Civil Aviation. In the Reply, the Civil Aviation Southwest Bureau stated that it "is making preparations before the release of the investigation report, and informs the parties that the government information requested to be disclosed will be voluntarily disclosed in the near future, and the bureau will take the initiative to disclose it through official channels in accordance with the work process." The Southwest Bureau of Civil Aviation believes that the response to open government information made by the bureau is legal, the basis for application is correct, and the content is appropriate, and it is not a "decision not to disclose information".
On August 4, the official website of the Civil Aviation Administration of China issued the "Notice on the Progress of the Investigation of the Accident of Tibet Airlines Flight TV9833 Deviating from the Runway on May 12, 2022", stating that the Civil Aviation Southwest Regional Administration of China is in accordance with the Civil Aviation Regulations of China "Provisions on Technical Investigation of Civil Aircraft Incidents" (CCAR-395) and Annex 13 of the "Convention on International Civil Aviation" "Investigation of Aircraft Accidents and Incidents" In conjunction with the relevant departments, an in-depth technical investigation was carried out on the accident, including the investigation of the scene of the accident, the inspection of relevant records, the interviews of relevant personnel, the investigation of the qualifications and abilities of crew members, flight operations, aircraft airworthiness maintenance, airline organization and management, air traffic control services, airport support, etc., and the use of flight simulators to carry out simulation verification. Up to now, the technical investigation has been completed, the cause of the accident has been ascertained, and the final investigation report will be released to the public in the future.
The Southwest Bureau of Civil Aviation said that "it will eventually be disclosed to the public"
On August 18, 2023, the case of Hu Lei v. Southwest Bureau of Civil Aviation was heard in the People's Court of Longquanyi District, Chengdu.
According to the people involved in the trial, the case was tried in summary procedures, and relevant staff of the Southwest Bureau of Civil Aviation attended the trial. During the trial, Hu Lei said that according to Article 13 of the "Regulations of the People's Republic of China on Open Government Information", "administrative organs disclose government information by taking the initiative and disclosing it upon request." According to the previous reply of the Southwest Bureau of Civil Aviation, the accident investigation report has been completed, and does not belong to state secrets, commercial secrets and other non-public content, his application for government information disclosure is legal, but the Civil Aviation Southwest Bureau rejected his application on the grounds that "the Bureau will actively disclose it through official channels according to the work process", which is a procedural violation.
In addition, Hu Lei said that the Civil Aviation Southwest Bureau did not release the annual accident investigation report of flight TV9833 on May 12, 2023, and did not publish the annual report on its official website until August 4, 2023, after he filed an administrative lawsuit and the Civil Aviation Southwest Bureau made a defense, which was far more than 12 months after the relevant regulations, and there were also procedural violations.
In this regard, the court officer of the Southwest Bureau of Civil Aviation argued that according to Article 48 of the "Provisions on Technical Investigation of Civil Aircraft Incidents", "the final investigation report of the accident and serious symptoms shall be released to the public in a timely manner within 12 months of the incident." "The accident investigation report is voluntarily disclosed to the public, not according to the application, and the bureau is currently making preparations before the final release.
In their final statements, the court officers of the Southwest Bureau of Civil Aviation once again stated that the accident investigation report would eventually be made public to the public.
According to the people who participated in the trial, after the plaintiff and the defendant debated and cross-examined the evidence, the judge announced an adjournment and did not announce the verdict in court.
The court held that the reply of the Southwest Civil Aviation Bureau was not improper
On January 2, 2024, a Jimu News reporter learned from Hu Lei that the Chengdu Longquanyi District People's Court had made a judgment on the case.
According to the verdict, the Civil Aviation Southwest Bureau argued that the Civil Aviation Southwest Bureau did not make a decision not to disclose government information. In response to Hu Lei's application for open government information, the Southwest Bureau of Civil Aviation has made a relevant reply, and clearly informed Hu Lei of the progress of the investigation in the reply, and is making preparations before the release of the investigation report, and the Southwest Bureau of Civil Aviation will take the initiative to disclose it through official channels according to the work process.
According to the judgment, the court held that according to Article 10 of the Provisions on the Investigation of Civil Aircraft Technical Incidents, the spokesperson or designated personnel of the Civil Aviation Administration or the regional administration shall be responsible for the release of incident investigation information, and other units and individuals shall not release or disclose the incident investigation information in any form. According to the above provisions, the investigation report of the case that Hu Lei applies for disclosure shall be released to the public by the spokesperson or designated person of the Civil Aviation Administration or the regional administration. In this case, when the Southwest Bureau of Civil Aviation issued the "Letter on Responding to the Application for Disclosure of Government Information" to Hu Lei, the investigation report involved in the case had not yet been released to the public. The Southwest Bureau of Civil Aviation informed Hu Lei that the publication of the report on the incident was underway, and the report would be released through official channels, and that it had fulfilled its obligation to inform and explain the reasons. To sum up, the "Letter on Replying to the Application for Disclosure of Government Information" made by the Southwest Bureau of Civil Aviation to Hu Lei is not improper.
Source: Jimu News (Reporter: Shen Wai)
Editor: Huang Lin
Review: Wei Xi