Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 315
315. (1) The court shall hold the formal investigation with the
assistance of one or more assess ors of nautical, engineering or
other special skill or knowledge, to be appointed out of a list of
persons for the time being approved by the Minister, in such
manner and according to such regulations as may be prescribed b y
rules by the Minister under this Part of this Act with respect
thereto:
Provided that where an inves tigation involves or appears
likely to involve any question as to the cancelling or suspensi on of
the certificate of a master, mat e or engineer, the court shall hold the
investigation with the assistance of not less than two assessor s
having experience in the merchant service.
(2) Every formal investigation into a shipping casualty shall be
conducted in such manner that if a charge is made against any
person, that person shall have an opportunity of making a defen ce.
(3) Formal investigations shall be held in some public building
or other suitable place not being a court ordinarily used as a police
court, unless no other suitable place is, in the opinion of the court,
available.
(4) Formal investigations may, whenever the court shall deem
it expedient, be conducted in the English language, and any procès-
verbal or evidence written in that la nguage may be inserted in the
154 CAP. 234.] MERCHANT SHIPPING
record of the investigation as if it were written in Maltese.
(5) It shall be the duty of the person who has applied to the
court to hold a formal investigation to superintend the managem ent
of the case and to render such a ssistance to the court as is in his
power.
(6) The court, after hearing the case, shall make a report to th e
Minister containing a full statement of the case and of the opi nion
of the court thereon, accompanie d by such report on, or extract s
from, the evidence, a nd such observations as the court thinks f it.
(7) Each assessor shall either sign the report or state in writi ng
to the Minister his dissent therefrom and the reasons for that
dissent.
(8) The court may make such order as it thinks fit respecting
the costs of the i nvestigation, or any part thereof.
(9) The fees payable to the assessors shall be those prescribed
by the Minister in the rules made under this Part of this Act w ith
respect to formal investigations.
Other provisions as
to reports.
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.