Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 314
314. (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 shoul d be
held, and in any case where the Minister so directs, apply to t he
Court of Magistrates to hold a formal investigation; and that c ourt
shall thereupon hold the formal investigation.
(2) The person authorised as af oresaid 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 c ancelling or suspension of the
certificate of a maste r, 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 th is Part
of this Act, shall have all the powers competent to it in the e xercise
of its ordinary jurisdiction.
Cap. 9.
(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 d eemed to have been satisfied.
Cap. 9.
(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 wo rds "the
inquest" there were substituted t he words "the formal investiga tion"
and for the word "experts" there was substituted the word
"assessors".
Procedure as to
formal
investigations.
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