MERCHANT SHIPPING.
No. 10 of 1899.
983
Officer
mer-
>ther
ided
y to
the
lude
vice.
jaid,
sum
day
hip-
1 or
I or
s is
2005
or
>en-asts
rial
any
een
nd
sed
3 to
ast
ial
ial
rld
(c) where some of the crew of a British or colonial ship which has [s. 19 contd.] been wrecked or to which a casualty has occurred, and who are competent witnesses to the facts, are found in the Colony;
(d) where the incompetency or misconduct has occurred on board a British or colonial ship on or near the coasts of the Colony, or on board a British or colonial ship in the course of a voyage to the Colony;
(e) where the incompetency or misconduct has occurred on board a ship registered in the Colony; and
(f) where the master, mate, or engineer of a British or colonial ship who is charged with incompetency or misconduct on board that ship is found in the Colony,
it shall be lawful for such Court to make investigation respecting such shipwreck or casualty and to hear and inquire into any such charge of incompetency or misconduct, and for such purposes the Court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions, and conditions which would have been [Act of 1894, applicable if it had so occurred. Such Court shall also have the s. 729.] powers given by the Merchant Shipping Acts, to inspectors appointed by the Board of Trade, as well as all the powers of a Stipendiary Magistrate acting as a Court of Summary Jurisdiction.
be held if matter has
(6) An inquiry shall not be held under this section into any matter Inquiry not to which has once been the subject of an investigation or inquiry, and has been reported on by a competent Court or tribunal in any part of His Majesty's dominions, or in respect of which the certificate of a master, mate, or engineer has been cancelled or suspended by a Naval Court.
already been subject of investigation;
(7) Where an investigation or inquiry has been commenced in the or if inquiry United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held under this section.
(8) The certificate of a master, mate, or engineer may be cancelled or suspended-
(a) if the Court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default; or
has been commenced in the United Kingdom. Grounds for cancelling or suspending certificate.
b. s. 470.
[Act of 1894,
(b) if the Court finds that he is incompetent, or that he has been guilty of any gross act of misconduct, drunkenness, or tyranny, or s. 422.] that, in a case of collision, he has failed to render such assistance