956
No. 10 of 1899.
MERCHANT SHIPPING.
[s. 19 could.] an inquiry with reference to the same matter shall not be in the United held under this section.
commenced
Kingdom.
Grounds for
(8) The certificate of a master, mate, or engineer may be
cancelling or cancelled or suspended-
suspending certificate.
57 & 58 Vict.
(a) if the court finds that the loss or abandonment of, or
c. 60, s. 470. serious damage to, any ship, or loss of life, has been caused
by his wrongful act or default; or
[cf. 57 & 58 Vict. c. 60, s. 422.]
Decision of court.
57 & 58 Vict.
(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 that, in a case of collision, he has failed to render such assistance or give such information as is required by the Merchant Shipping Acts.
(9) Where any case before any such court as aforesaid involves a question as to the cancelling or suspending of a
c. 60, s. 470. certificate, the court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof.
Report to Board of Trade.
Copy of
report to be furnished.
Board of
Trade may order re-
hearing.
(10) The court shall in all cases send a full report on the case, with the evidence, to the Board of Trade, and shall also, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other authority by whom the certificate was granted.
(11) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished, before the commencement of the investigation or inquiry, to the holder of the certificate.
(12) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom, but if an application for re-hearing either is not made or is refused, an appeal shall lie from any order or finding of the court or tribunal holding the inquiry to the High Court in England: Provided that an appeal shall not lie----
(a) from any order or finding on an inquiry into a casualty affecting a ship registered in a British possession; or