VAN BRUDRASADENA MAAGAN PASAMOS A MEROASE.
MERCHANT SHIPPING.
No. 10 of 1899.
641
(15) Each member of the court shall either sign the report (s. 19 contd.) made on any investigation under this section or report to the Governor his reasons for dissent therefrom.
sign report.
(16) Every master, mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, on demand of the court, deliver his certificate to the court, or, if it is not demanded by the court, deliver it to the Governor or as he directs, and in default he shall be liable to a fine not exceeding two hundred and fifty dollars.
Delivery up of the certificate.
(17) Where an investigation into the conduct of a master, mate or engineer, or into a casualty, has been held under this Ordinance, the Governor may, in any case, and shall, if new and important evidence which could not be produced at the investigation has been discovered, or if for any other reason there has, in his opinion, been ground for suspecting a miscarriage of justice, order that the case be re-heard, either generally or as to any part thereof, and either by the court by which it was heard in the first instance, or by a Marine Court to be appointed under this section, or by a judge sitting in Admiralty Jurisdiction, and the case shall be so re-heard accordingly.
Re-hearing.
(18) It shall be lawful for the Governor in Council to make regulations for carrying into effect the enactments relating to formal investigations into casualties and into charges of incompetency or misconduct, and in particular with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees.
Regulations as to procedure, fees, etc.
(19) Every formal investigation shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence.
Opportunity for defence.
19A. When any steamship or motorship has sustained or caused any accident occasioning loss of life or has received any material damage affecting the seaworthiness or the efficiency thereof, either in the hull or in any part of the machinery, the master shall, within twenty-four hours after the happening of the accident or damage, or as soon thereafter as possible, report the accident to Harbour Master.
Report to Harbour Master.
As amended by No. 23 of 1932 [10.12.32].
57 & 58 Vict. c. 60, s. 425.