Singapore legislation
Section 249
Section 249
Power of court of investigation as to certificates
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The certificate of a certificated officer may be cancelled or suspended by a court holding an investigation into a shipping casualty or into the conduct of a certificated officer, 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, or that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under section 422 of the Merchant Shipping Act 1894 [U.K. 1894 c. 60].(2) If the court holding an investigation is presided over by a District Judge, that court shall not cancel or suspend a certificate unless one at least of the assessors concurs in the finding of the court.(3) Where any case before any such court involves a question as to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof.(4) The court shall, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Minister with its report.(5) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation has been ordered, has been furnished before the commencement of the investigation to the holder of the certificate.[271
(1)
The certificate of a certificated officer may be cancelled or suspended by a court holding an investigation into a shipping casualty or into the conduct of a certificated officer, 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, or that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under section 422 of the Merchant Shipping Act 1894 [U.K. 1894 c. 60].
(2)
If the court holding an investigation is presided over by a District Judge, that court shall not cancel or suspend a certificate unless one at least of the assessors concurs in the finding of the court.
(3)
Where any case before any such court involves a question as to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof.
(4)
The court shall, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Minister with its report.
(5)
A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation has been ordered, has been furnished before the commencement of the investigation to the holder of the certificate.[271