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Cap. 234 · Merchant Shipping Act (Cap. 234)

Cap. 234 Art. 314Formal investigation as to shipping casualties. 

PART VII

En vigueurTexte officiel

(1) A person authorised as aforesaid to make a preliminary inquiry shall, in any case where it appears to him requisite or expedient (whether upon a preliminary inquiry or without holding such inquiry) that a formal investigation should be held, and in any case where the Minister so directs, apply to the Court of Magistrates to hold a formal investigation; and that court shall thereupon hold the formal investigation.

(2) The person authorised as aforesaid to make a preliminary inquiry shall also apply to the said court to hold a formal investigation where the shipping casualty involves or is likely to involve a question as to the cancelling or suspension of the certificate of a master, mate or engineer.

(3) The said court shall have the same jurisdiction over the matter referred to it as if the shipping casualty had occurred within its jurisdiction and, without prejudice to the provisions of this Part of this Act, shall have all the powers competent to it in the exercise of its ordinary jurisdiction.

(4) Where a formal investigation is held under this Part of this

Act into any matter in respect of which an inquest is required to be held under the Criminal Code, the provisions of that Code in relation thereto shall be deemed to have been satisfied.

(5) Notwithstanding the provisions of sub-article (3), article

550A(4) of the Criminal Code shall apply to any formal investigation held under this Part of this Act as if for the words "the inquest" there were substituted the words "the formal investigation" and for the word "experts" there was substituted the word "assessors".