1986 Ed.]
Merchant Shipping
[CAP. 281
27
(d) where the incompetency or misconduct has occurred on
board a British ship on or near the coasts of the Colony;
(e) where the incompetency or misconduct has occurred on
board a ship registered in Hong Kong, and
(f) where the master, mate or engineer of a British ship who is charged with incompetency or misconduct on board that ship is found in Hong Kong
such court may make investigation respecting such casualty and may 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 applicable if it had so occurred. Such court shall also have the powers given by the Merchant Shipping Acts to inspectors appointed by the Minister as well as all the powers of a magistrate acting as a court of summary jurisdiction.
(3) An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry other than a preliminary inquiry under section 51, and has been reported on by a competent court or tribunal in any part of the Commonwealth, or in respect of which the certificate of a master, mate or engineer has been cancelled or suspended by a naval court. (Amended, 42 of 1956, s. 3)
(4) Where an investigation or inquiry has been commenced in the United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held under this Part.
54. Any person who refuses to attend as a witness before any person or court having the powers given by the Merchant Shipping Acts to inspectors appointed by the Minister, after having been required in the exercise of any such power to do so, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations required by any such person or court in the exercise of any such power, shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
(Added, 44 of 1954, s. 3. Amended, 73 of 1974, s. 12)
55. (1) The certificate of a master, mate or engineer may be cancelled or suspended-
(a) if the court finds that loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default; or
(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.
[cf. pr. Act, s. 729.]
Penalty for refusing to attend as a witness, etc.
[cf. pr. Act, s. 729(3).]
Grounds for cancellation or suspension of certificate.
[cf. pr. Act, s. 470(1).]
[cf. pr. Act, s. 422.]