Section 128
Powers as to Certificates of officers, etc.
(1)
The certificate of a qualified officer may be can-celled or suspended by a court holding an investigation into a shipping casualty, or into the conduct of a qualified 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 107 or 108.
(2)
If the court holding an investigation is presided over by a magistrate, 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 as aforesaid involves a question as to the cancelling or sus-pending 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 cancellation or suspending thereof.
( 4) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report or a
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statement of the case on which the investigation has been
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ordered, has been furnished before the commencement of the investigation to the holder of the certificate.
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