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

Cap. 234 Art. 325Rehearing of investigations and inquiries.

PART VII

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(1) The Minister may, in any case where under this Part of this Act a formal investigation into a shipping casualty, or an inquiry into the conduct of a master, mate or engineer, has been held, order the case to be reheard either generally or as to any part thereof, and shall do so -

(a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or

(b) if for any reason there has in his opinion been ground for suspecting that a miscarriage of justice has occurred.

(2) The Minister may order the case to be reheard either by the court by which the case was heard in the first instance or by the Court of Appeal.

(3) Where on any such investigation or inquiry, a decision has been given with respect to the cancelling or suspension of the certificate, or of the recognition of a certificate, of a master, mate or engineer, and an application for a rehearing under this article has not been made or has been refused, an appeal shall lie from the decision to the Court of Appeal.

(4) Any rehearing or appeal under this article shall be subject to and shall be conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part of this Act.

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