Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 279

Rehearing of an appeal from inquiries and investigations

279.
(1) The Minister of Justice, acting on the recommendation of the Minister, may, in any case where under this Part a formal investigation into a shipping casualty or an inquiry into the conduct of a master, mate or engineer of a ship has been held, order the case to be reheard either generally or as to any part thereof, and shall do so-
(a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or
(b) if for any other reason there has in his opinion been " ground for suspecting that a miscarriage of justice has occurred.
(2) The Minister of Justice may order the case to be reheard either by the Court by whom the case was heard in the first instance or by the Supreme Court.
(3) Where on any such investigation or inquiry a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate, or engineer of a ship and an application for a rehearing under this section has not been made or has been refused, an appeal shall lie from that decision to the Supreme Court.
(4) Any rehearing or appeal under this section shall be made in accordance with the provisions of the rules relating thereto referred to in this Part.


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