Section 127
Section 127
(a)
where a shipping casualty has occurred, whether there has been a preliminary inquiry or not; or
(b)
whenever His Majesty has reason to believe that any qualified officer is from incompetency or misconduct unfit to discharge his duty; or
(c)
whenever His Majesty considers that such an investigation is desirable:
Provided that a court of investigation shall not be appointed for the purpose of holding a formal investigation
-
Merchant Shipping into any shipping casualty occurring to a ship registered in a country other than Brunei, unless either the casualty occurs in the waters of Brunei or the appointment of the court is requested or consented to by the government of the country in which the ship is registered.
(2)
A court of investigation shall consist of a judge or a magistrate, with the assistance of not less than 2 nor more than 4 assessors.
(3)
The Director shall not be a member of a court when he has held a preliminary inquiry with regard to the casualty which is the subject of investigation.
( 4) Where an investigation involves or appears likely to involve any question as to the cancelling or suspension of any certificate, the court shall hold the investigation with the assistance of not less than 2 assessors having experience in the merchant service.
( 5) The court after 'hearing the case shall make a report to His Majesty containing a full statement of the case and of the opinion of the court thereon, accompanied by such report of or extracts from the evidence and such observations as the court thinks fit.
( 6) Each assessor shall either sign the report or state in . writing on the report his dissent therefrom and the reasons for that dissent.
(7)
The court may make such order as the court thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the court in the same way as a fine in a Court of a Magistrate.
(8)
His Majesty may, if in any case he thinks fit so to do, order the costs of any such investigation to be paid out of the Consolidated Fund~
99
100
Power of court of in-vestigation as to certificates
Merchant Shipping
(9)
For the purposes of this section the court holding a formal investigation shall have all the powers of a Court of a Magistrate and shall also have all the powers of an inspec-tor under this Act.
(10)
Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any person that person shall have an oppor-tunity of making a defence.