1010
No. 10 of 1899.
Forms. Appendix.
Notice of
MERCHANT SHIPPING.
Table G.
[s. 19 (18).]
REGULATIONS FOR FORMAL INVESTIGATIONS INTO CASUALTIES OR
INQUIRIES INTO MISCONDUCT OR INCOMPETENCY
ON THE PART OF OFFICERS,
1. The forms in the Appendix to this Table shall be used as far as possible with such alterations as circumstances may require but no deviation from the prescribed forms shall invalidate the proceedings unless the court shall be of opinion that the deviation was material.
2. When an investigation has been ordered under section 19 of the Merchant Shipping Ordinance, 1899, the magistrate appointed to the court shall cause a notice in Form No. 1 in the Appendix to this Table to be served on the master and officers of the ship, and on any other person who in his opinion ought to be served with such notice.
Summons to witness. Appendix. Form No. 2.
Absence of person served.
Right to appear.
Proceedings at investigation into casualty.
Proceedings at inquiry into misconduct or incompetency.
3. A summons to a witness shall be in Form No. 2 in the Appendix to this Table.
4. If any person upon whom a notice of investigation has been served fails to attend as notified, the court may proceed to hear and adjudicate upon the case in his absence.
5. Any person who shows that he has an interest in the investigation shall have a right to appear and be heard, and any other person may appear and be heard by leave of the court.
6. The proceedings at the investigation into a casualty shall commence with the examination of the master, officers, and any other person whether on board the ship or not at the happening of the casualty, who can give material evidence in regard thereto.
7. The proceedings at an inquiry into any charge of misconduct or incompetency shall commence with the examination of the several witnesses who speak to the charges and the conduct of the person charged; after they have been cross-examined by the person charged, re-examined by the prosecutor and examined by the court, the person charged may call his own witnesses who may be examined, cross-examined, and re-examined in a similar manner. If the person charged has not already given evidence, he is then to be allowed an opportunity of offering any explanation, which may be either verbal or in writing.
Restriction on power of cancelling certificate.
Adjournment.
Judgment.
8. The certificate of the master or of any officer shall not be cancelled unless the master or officer has had an opportunity of making a defence, and for that purpose he may produce any witnesses whom he may wish to examine.
9. The presiding member of the court may adjourn the court from time to time, and from place to place, as may be most convenient.
10. The judgment of the court shall be given at the end of the proceedings.
* As amended by G.N. No. 121 of 1917 and Law Rev. Ord., 1924.
1010
No. 10 of 1899.
*
Forms. Appendix.
Notice of
MERCHANT SHIPPING.
Table G.
[s. 19 (18).]
REGULATIONS FOR FORMAL INVESTIGATIONS INTO CASUALTIES OR
INQUIRIES INTO MISCONDUCT OR INCOMPETENCY
ON THE PART OF OFFICERS,
1. The forms in the Appendix to this Table shall be used as far as possible with such alterations as circumstances may require but no deviation from the prescribed forins shall invalidate the proceedings unless the court shall be of opinion that the deviation was material.
2. When an investigation has been ordered under section 19 of the investigation. Merchant Shipping Ordinance, 1899, the magistrate appointed to the court. Appendix.
shall cause a notice in Form No. 1 in the Appendix to this Table to be Form No. 1. served on the master and officers of the ship, and on any other person who
in his opinion ought to be served with such notice.
Summons to witness. Appendix. Form No. 2.
Absence
of person served.
Right to appear.
Proceedings
at investiga- tion into
casualty.
Proceedings
at inquiry
misconduct
or incom- petency.
3. A summons to a witness shall be in Form No. 2 in the Appendix to this Table.
4. If any person upon whom a notice of investigation has been served fails to attend as notified, the court may proceed to hear and adjudicate upon the case in his absence.
5. Any person who shows that he has an interest in the investigation shall have a right to appear and he heard, and any other person may appear and be heard by leave of the court.
6. The proceedings at the investigation into a casualty shall commence with the examination of the master, officers, and any other person whether on board the ship or not at the happening of the casualty, who can give material evidence in regard thereto.
7. The proceedings at an inquiry into any charge of misconduct or incompetency shall commence with the examination of the several witnesses into charge of who speak to the charges and the conduct of the person charged; after they have been cross-examined by the person charged, re-examined by the prosecutor and examined by the court, the person charged may call his own witnesses who may be examined, cross-examined, and re-examined in a similar manner. If the person charged has not already given evidence, he is then to be allowed an opportunity of offering any explanation, which may be either verbal or in writing.
Restriction
on power of cancelling
certificate.
Adjournment.
Judgment.
8. The certificate of the master or of any officer shall not be cancelled unless the master or officer has had an opportunity of making a defence, and for that purpose he may produce any witnesses whom he may wish to examine.
9. The presiding member of the court may adjourn the court from time to time, and from place to place, as may be most convenient.
10. The judgment of the court shall be given at the end of the proceed- ings.
* As amended by G. N. No. 121 of 1917 and Law Rev. Ord., 1924.
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