Merchant Shipping Act (Cap. 234), article 321

321. (1) The certificate or the reco gnition of a certificate of a master, mate or engineer may be cancelled or suspended - (a) by the court holding a formal investigation into a shipping casualty under this Part of this Act, if the court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life has been caused by his wrongful act or default: Provided that the c ourt shall not cancel or suspend a certificate, or a r ecognition of a certificate, unless one at least of the assessors concurs in the finding of the court; (b) by the court holding an inquiry under this Part of this Act into the conduct of a master, mate or engineer, if the courts finds that he is incompetent or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision at sea he has failed to render such assistance or give such information as is required under Part V of this Act; (c) by the Civil Court, First Hall, where under the powers given by article 320 the master is removed by that court. (2) Where any case before any such court as aforesaid involves a question as to the cancelling or suspending of a certificate or of a recognition of a certificate, the court shall, at the conclusio n of the case or as soon afterwards as po ssible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof. 156 CAP. 234.] MERCHANT SHIPPING (3) The court shall in all cases send a full report on the case, with the evidence, to the Minister, and shall also, if it deter mines to cancel or suspend any certificate or recognition of a certifica te, send the certificate or the recognition cancelled or suspended to the Minister with the report. (4) A certificate or a recognition of a certificate shall not be cancelled or suspended by the cou rt unless a copy of the report , or a statement of the case, on which the investigation or inquiry ha s been ordered, or of th e application made to the Civil Court, Fi rst Hall, has been furnished to or served on the holder of the cert ificate before the commencement of the investigation, inquiry or hearin g. Delivery of certificate cancelled or suspended. Amended by:  XIII. 1983.5; XXII. 2000.2.