Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 313
313. (1) A preliminary inquiry respecting a shipping casualty
may be held by such person as is appointed by the Minister wher e -
(a) a shipping casualty involves or is supposed to involve
a Maltese ship; or
(b) a shipping casualty involves or is supposed to involve
any ship and such casualty has occurred on the coasts
of Malta, including any port installation or ship repair
facility, or at sea within the territorial jurisdiction of
Malta, or where any witness is found in Malta; or
(c) the Minister by regulations has so prescribed.
(2) For the purpose of any such inquiry, the person holding the
same may -
(a) go on board any ship and inspect the same and every
part thereof, and the mach inery, equipment and cargo
and may require the unloading or removal of any
cargo, ballast or tackle;
(b) by summons under his hand, require the attendance of
any person he thinks fit to call before him and examine
such person on the subj ect of the inquiry and
administer oaths to the persons to be so examined by
him;
(c) by summons under his hand or otherwise, require the
production of all books and other documents he
considers relevant for the purpose of such inquiry.
Cap. 9. (3) The provisions of articles 362, 363 and 364 of the Criminal
Code shall apply to summons iss ued under sub-article (2).
(4) If any person summoned in the manner aforesaid refuses or
fails without reasonable cause t o attend or to reply to any que stions
put to him at the inquiry, or if any person refuses or fails wi thout
reasonable cause to produce any book or document which it may b e
in his power to produce and which he has been required to produ ce
as aforesaid, or if any person wi lfully impedes the person hold ing
the inquiry or fails to comply with any requisition made by him ,
such person shall for each offence be liable to a fine ( multa) not
exceeding twenty units.
(5) Upon the conclusion of the inquiry, the person holding the
same shall make a report to the Minister.
M E R C H A N T S H I P P I N G [CAP. 234. 153
Formal
investigation as to
shipping
casualties.
Amended by:
VII. 2010.53.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.