Merchant Shipping (Shipping Casualties, Appeals and Rehearings) Rules

These Rules may be cited as the Merchant Shipping (Shipping Casualties, Appeals and Rehearings) Rules.

In these Rules, unless the context otherwise requires —“investigation” means a formal investigation into a shipping casualty or into a charge of incompetency or misconduct.“Judge” means the Judge or District Judge appointed to hold an investigation.“Attorney-General” includes the Solicitor-General and any person authorised by either of them to act as his Deputy.“certificate” means a certificate of competency issued by the Director under the Merchant Shipping (Deck Officers) Regulations 1994 [S 238/94] or the Merchant Shipping (Marine Engineer Officers) Regulations 1994 [S 239/94] or a certificate recognised under these Regulations as being equivalent thereto and having the same force; or a certificate of service issued by the Director under regulation 5(2) of the Merchant Shipping (Deck Officers) Regulations 1994 or regulation 5(2) of the Merchant Shipping (Marine Engineer Officers) Regulations 1994 which were in force immediately before 1st June 1994.

Every investigation shall be conducted on behalf of the Government by the Attorney-General.

When any investigation has been ordered, the Minister shall summon the assessors in the Form 1 set out in the First Schedule and he shall at the same time cause notice of the sitting to be served upon the Attorney-General and upon the owner, master and officers of the ship and any other person who in his opinion ought to be served in the Form 2 set out in the First Schedule.

When an investigation has been ordered, the Attorney‑General may cause a notice, (referred to in these Rules as a notice of investigation) to be served upon the persons served with notices of the sitting as well as upon any person who in his opinion ought to be served with such notice. The notice shall contain a statement of the questions which, on the information then in possession of the Attorney‑General, he intends to raise on the hearing of the investigation, and shall be in the Form 3 set out in the First Schedule, with such variations as circumstances may require. The Attorney‑General may, at any time before the hearing of the investigation, by a subsequent notice amend, add to, or omit any of the questions specified in the notice of investigation.

The Attorney-General, the owner, the master, and any certificated officer or other person upon whom a notice of investigation has been served, shall be deemed to be parties to the proceedings.

Any other person may, by leave of the Judge, appear, and any person who appears under this rule shall thereupon become a party to the proceedings.

A party may give to any other party notice in writing to produce any documents (saving all just exceptions) relating to the matters in question, and which are in the possession or under the control of such other party; and, if the notice is not complied with, secondary evidence of the contents of the documents may be given by the party who gave the notice.

A party may give to any other party notice in writing to admit any documents (saving all just exceptions), and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, whatever may be the result, unless the Judge is of opinion that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice has been given, except where the omission to give the notice has, in the opinion of the officer by whom the costs are taxed, caused a saving of expense.

Affidavits and statutory declarations may, by permission of the Judge (and saving all just exceptions) be used as evidence at the hearing if sworn or taken in the manner provided by the Evidence Act [Cap. 97].

At the time and place appointed for holding the investigation the Court may proceed with the investigation, whether the parties, upon whom a notice of investigation has been served, or any of them, are present or not.

The proceedings on the investigation shall commence with the production and examination of witnesses by the Attorney-General. These witnesses, after being examined on behalf of the Attorney‑General, may be cross‑examined by the parties in such order as the Judge may direct and may then be re‑examined by the Attorney‑General. Questions asked, and documents tendered as evidence in the course of the examination of these witnesses, shall not be open to objection merely on the ground that they do or may raise questions which are not contained in, or which vary from, the statement of the case, or the questions specified in the notice of investigation or subsequent notices referred to in rule 5.

When the examination of the witnesses produced by the Attorney‑General has been concluded, the Attorney‑General shall state in open Court the questions in reference to the casualty, and the conduct of the certificated officers, or other persons connected therewith, upon which the opinion of the Court is desired. In framing the questions for the opinion of the Court, the Attorney‑General may make such modifications in, additions to, or omissions from the questions in the notice of investigation or subsequent notices referred to in rule 5 as, having regard to the evidence which has been given, the Attorney‑General may think fit.

After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the investigation, and determine the questions so stated. Each party to the investigation shall be entitled to address the Court and produce witnesses, or recall any of the witnesses who have already been examined for further examination, and generally adduce evidence. The parties shall be heard and their witnesses examined, cross-examined, and re-examined in such order as the Judge shall direct. The Attorney-General may also produce and examine further witnesses, who may be cross-examined by the parties, and re-examined by the Attorney-General.

When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded, any of the parties who desires so to do may address the Court upon the evidence, and the Attorney-General may address the Court in reply upon the whole case.

The Judge may adjourn the investigation from time to time and from place to place, and where an adjournment is asked for by a party to the investigation or by the Attorney-General, the Judge may impose such terms as to payment of costs or otherwise as he may think just as a condition of granting the adjournment.

Except when the certificate of an officer is cancelled or suspended, in which case the decision shall always be given in open Court, the Judge may deliver the decision of the Court either orally or in writing, and if in writing it may be sent or delivered to the parties. In the latter case it shall not be necessary to hold a Court merely for the purpose of delivering the decision of the Court.

The Judge may order the costs and expenses of the investigation, or any part thereof, to be paid by the Attorney-General or by any other party. An order for payment of costs shall be in the Form 4 set out in the First Schedule, with such variations as circumstances may require.

At the conclusion of the investigation the Judge shall report to the Minister. The report shall be in the Form 5 set out in the First Schedule, with such modifications as circumstances may require.

The Minister shall, on application by any party to the proceedings, give him a copy of the report made to him.

Every appeal shall be conducted in accordance with the following conditions and regulations:

Any notice, summons or other document issued under these Rules may be served by sending the same by registered letter to the address of the person to be served.

The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served.

Where any investigation involves or appears likely to involve the cancelling or suspension of the certificate of an officer certificated under the Act, there shall be appointed at least two assessors each of whom shall have one of the qualifications specified in Classes I and II set out in the Second Schedule.

Subject to any special appointment or appointments which the Minister may think it expedient to make in any case where special circumstances appear to him to require a departure from this rule (the requirements of rule 25 being always complied with), the following provisions shall be observed in the appointment of assessors:(1)where the investigation involves or appears likely to involve the cancelling or suspension of the certificate of a master or mate certificated under the Act, but not of an Engineer, at least two assessors having the qualifications specified in Class I set out in the Second Schedule shall be appointed;(2)[Deleted by S 66/96 wef 02/02/1996](3)where the investigation involves or appears likely to involve the cancelling or suspension of the certificate of an engineer certificated under the Act, one at least of the assessors shall have the qualifications specified in Class II set out in the Second Schedule.(4)[Deleted by S 66/96 wef 02/02/1996]

An appointment made by the Minister of any assessor or assessors for an investigation shall not be open to question on the ground that it was not in accordance with these Rules, or does not give full effect to the requirements of these Rules.

Rules 25 and 26 shall not apply when the investigation is directed to misconduct only or to unfitness arising therefrom.

There shall be paid to each assessor the sum of $1,000 per day or part thereof.

[Deleted by S 66/96 wef 02/02/1996]