1986 Ed.]
Merchant Shipping
{CAP. 281
29
Provided that an appeal under this section shall not lie-
(a) in any case, other than an investigation under section 53(2)(e), in which an appeal to the High Court of England under section 478 of the principal Act or under section 66 of the Merchant Shipping 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.
(3) Subject to the provisions of any regulations relating thereto made under section 58, an appeal to the High Court under this section shall be to 1 judge or to the Court of Appeal as the Chief Justice may decide and shall be subject to any rules of court made under the Supreme Court Ordinance. (Replaced, 37 of 1959, s. 10)
(4) The provisions of this section shall apply to any investigation or inquiry referred to in subsection (1) whether held before or after the commencement* of the Merchant Shipping (Amendment) Ordinance 1985. (Added, 47 of 1985, s. 2)
57. (1) A marine court shall have the following further powers-
(a) it may remove the master of any ship if that removal is shown 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;
(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.
(2) [Deleted, 17 of 1965, s. 27]
58. (1) The Governor in Council may by regulation prescribe and provide for carrying into effect the enactments relating to formal investigations into casualties and inquiries into charges of incompetency or misconduct and to the re-hearing of or appeal from any such investigation or inquiry, 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. (Amended, 37 of 1959, s. 10)
(1906 c. 48.)
(Cap. 4.)
(47 of 1985.) [*26.7.85.]
Further powers of court.
(Cap. 227.)
Regulations as to procedure, fees, etc.
Page 30
Page 31
30
CAP. 281]
(Cap. 227.)
1986 Ed.]
Merchant Shipping
{CAP. 281
29
Provided that an appeal under this section shall not lie-
(a) in any case, other than an investigation under section 53(2)(e), in which an appeal to the High Court of England under section 478 of the principal Act or under section 66 of the Merchant Shipping 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.
(3) Subject to the provisions of any regulations relating there- to made under section 58, an appeal to the High Court under this section shall be to 1 judge or to the Court of Appeal as the Chief Justice may decide and shall be subject to any rules of court made under the Supreme Court Ordinance. (Replaced, 37 of 1959, s. 10)
(4) The provisions of this section shall apply to any investiga- tion or inquiry referred to in subsection (1) whether held before or after the commencement* of the Merchant Shipping (Amendment) Ordinance 1985. (Added, 47 of 1985, s. 2)
57. (1) A marine court shall have the following 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;
(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.
(2) [Deleted, 17 of 1965, s. 27]
58. (1) The Governor in Council may by regulation prescribe and provide for carrying into effect the enactments relating to formal investigations into casualties and inquiries into charges of incompetency or misconduct and to the re-hearing of or appeal from any such investigation or inquiry, 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. (Amended, 37 of 1959, s. 10)
(1906 c. 48.)
(Cap. 4.)
(47 of 1985.) [*26.7.85.]
Further powers of court.
(Cap. 227.)
Regulations as to procedure, fees, etc.
Page 30Page 31
30
CAP. 281]
(Cap. 227.)
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