Merchant Shipping Act 1995 · 2020 Revised Edition · Part 11 · Miscellaneous
208. Power of General Division of High Court to remove master
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The General Division of the High Court may remove the master of any ship within the jurisdiction of the General Division of the High Court, if that removal is shown to the satisfaction of the General Division of the High Court by affidavit evidence to be necessary.
court
“court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;
The removal of the master under subsection (1) is to be made upon the application of any owner of the ship or the owner’s agent, or of the authorised agent of the ship, or of any certificated mate or engineer, or of one-third or more of the crew of the ship.
master
“master” includes every person, except a pilot, having command or charge of any ship;
The General Division of the High Court may appoint a new master in place of the one removed, but where the owner or agent of the ship is within the jurisdiction of the General Division of the High Court, such an appointment must not be made without the consent of the owner or agent.
owner
“owner”, in relation to goods, means every person who is for the time being entitled, either as owner or agent for the owner, to the possession of the goods, subject in the case of a lien (if any) to that lien;
The General Division of the High Court may also make such order and require such security in respect of the costs of the matter as the General Division of the High Court thinks fit.