Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 325

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325. (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 bee n held, order the case to be rehear d either generally or as to an y part thereof, and shall do so - (a) if new and important evidence which could not be M E R C H A N T S H I P P I N G [CAP. 234. 157 produced at the investigat i o n o r i n q u i r y h a s b e e n 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 t he 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 recognitio n of a certificate, of a maste r, mate or engineer, and an application for a rehearing under this arti cle 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 an d regulations as may be prescribed by rules made in relation ther eto under the powers contained in this Part of this Act. Court of survey Constitution of court of survey.

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