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CAP. 281]
Pr. Act, s. 470(2).
Pr. Act, s. 470(3).
Pr. Act, s. 470(4).
Provisions for re-hearing and appeal. [cf. Pr. Act, s. 478.]
Merchant Shipping
[1986 Ed.
(IA) In this section, evidence that a master, mate, or engineer is incompetent may include evidence that he fails to comply with the standards of competency and other conditions prescribed to qualify a person for the certificate held by him. (Added, 62 of 1981, s. 8)
(2) Where any case before any such court as aforesaid involves a question as to the cancellation or suspension of a 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 cancellation or suspension thereof.
(3) Any master, mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, on the 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 guilty of an offence and shall be liable on conviction to a fine of $5,000. (Amended, 17 of 1965, s. 26 and 73 of 1974, s. 12)
(4) The court shall in all cases send a full report on the case with the evidence to the Governor, and shall also if it determines to cancel or suspend any certificate send the certificate cancelled or suspended to the Governor or other authority by whom the certificate was granted. (Amended, 17 of 1965, s. 26)
(5) A certificate shall not be cancelled or suspended by a court under this Part 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.
56. (1) The Governor may, in any case where under this Part an investigation as to a casualty affecting a ship or an inquiry into the conduct of a holder of a certificate of competency has been held, order the case to be re-heard either generally or as to any part thereof, either by the court by which it was heard in the first instance or by a marine court appointed under this Part or by a judge sitting in admiralty jurisdiction, and shall do so- (Amended, 47 of 1985, s. 2)
(a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered;
or
(b) if for any other reason there has in his opinion been ground for suspecting that a miscarriage of justice has occurred. (Amended, 64 of 1980, s. 4)
(2) Where an application under subsection (1) for a re-hearing is not made or is refused, and where an application under section 478(6) of the principal Act for a re-hearing of any inquiry under this Part 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: