268.
| (1) A person authorized under section 267 to make a preliminary inquiry shall in any case where it appears to him requisite or expedient (whether upon a preliminary inquiry or without holding such an inquiry) that a formal investigation should be made, and in any case where the Director so directs, apply to a District Court to make a formal investigation, and such District Court shall thereupon make a formal investigation. |
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| (2) The District Court making any such formal investigation shall make the same with the assistance of one or more assessors of nautical, engineering or other special skill or knowledge to be appointed out of a list of persons appointed from time to time for the purpose by the Minister, in such manner as may be laid down by the rules made under section 280 with regard thereto. |
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| (3) Where a formal investigation involves or appears likely to involve any question as to the cancelling or suspension of the certificate of the master, mate or engineer, the District Court shall make the formal investigation with the assistance of not less than two assessors having experience in the merchant service. |
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| (4) It shall be the duty of the person who has applied to the District Court to make a formal investigation to supervise the management of the case and to render such assistance to the District Court as is in his power. |
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| (5) The Court, after hearing the case, shall make a report to the Director 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. |
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| (6) Where the investigation or inquiry affects a master or an officer of a ship who holds a certificate under the law of any country outside Ceylon, the Director may transmit a copy of the report of the Court to the proper authority in that country. |
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| (7) Each assessor shall either sign the report or state in writing to the Director his dissent therefrom and the reasons for that dissent. |
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| (8) 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 as an order for costs in its ordinary jurisdiction. |
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| (9) The Director may, if in any case he thinks fit so to do, pay the costs of any such formal investigation. |
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| (10) For the purposes of this section, the Court holding a formal investigation shall have all the powers it has when acting as a Court in the exercise of its ordinary jurisdiction. |
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| (11) 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 opportunity of making a defence. |
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| (12) A formal investigation made by a District Court as to a shipping casualty shall be made at the place appointed by the Minister of Justice by order under section 52 of the Courts Ordinance as the place at which such District Court is to be holden. |
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Sri Lanka Consolidated Acts