Grounda
for cancel- lation or suspensioq
of carti-
flcate.
67 & 68 Vict. c. 60, *. 470(1),
[of pr Act, B. 422.1
Pr. Act. s. 470(2).
Pr. Act. 2.470(3).
Pr. Act.
8. 470(4),
Provisions for re- hearing and appeal.
[cf. pr. Act, M. 475.)
34
JAMAA
52. (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.
[10(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.
[10(9)
(3) Any master, mate or engineer whose certificate is sus- pended 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 liable to a fine of five hundred dollars,
[18(16)
(4) The court shall in all cases send a full report on the case with the evidence to the Minister, and shall also if it determines to cancel or suspend any certificate send the certificate cancelled or suspended to the Minister or other authority by whom the certificate was granted.
[19(10)
(s) 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.
[19(11)
53. (1) The Governor may, in any case where under this Part an investigation into the conduct of a holder of a certificate of competency granted under this Ordinance 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--
(a) if new and important evidence which could not be pro- duced at the investigation or inquiry has been discovered;
OT
36
(b) if for any other reason there has in his opinion been ground for suspecting that a miscarriage of justice has occurred.
(*) Where an application under subsection (1) for a re-hearing is not made or is refused, and where an application under subsection (6) of section 478 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 Supreme Court: Provided that an appeal under this section shall not lie-
(4) in any case, other than an investigation under paragraph (e) of subsection (a) of section 51, in which an appeal to the High Court of England under section 478 of the principal Act or under section 66 of the Merchant Ship (6 Edw. 7, ping Act, 1906, is competent; or
(b) from an order or finding affecting the certificate of a master, mate or engineer if that certificate has not been granted by a country within the Commonwealth under the Merchant Shipping Acts.
(19(12), (17)
(3) An appeal to the Supreme Court under this section shall
be to one judge or to the Full Court as the Chief Justice may decide and shall be subject to any rules of court made under the Supreme Court Ordinance.
c. 48).
(Cap. 4. rules).
84. (1) A marine court shall have the following further Further
powers
(a) it may remove the master of any ship if that removal is shewn to the satisfaction of the court by evidence on oath to be necessary. Such removal may be made upon the application of any owner of the ship or his agent, or of the consignee of the ship, or of any certificated mate, or of one-third or more of the crew of the ship;
(b) it may appoint a new master instead of the one removed: Provided that where the owner, agent or consignee of the ship is within the jurisdiction of the marine court, such an appointment shall not be made without the consent of that owner, agent or consignee;
powers of court.
(c) it may make such order as it thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the court in the same way as an order for costs under the Magistrates Ordinance. (Cep. 227).
[19(14)