Malaysia legislation
Section 208
Section 208
(a)
when on or near the coasts of North Borneo any British or North Borneo ship is lost, abandoned or materially damaged;
(b)
when, on or near the coasts of North Borneo any British or North Borneo ship causes loss or material damage to any other ship;
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(c)
when any loss of life ensures by reason of any casualty happening to or on board any British or North Borneo ship on or near the coasts of North
Borneo;
(d)
when, in any place, any such loss, abandonment, material damage or casualty as above mentioned has occurred, and any witness is found in
North Borneo;
(e)
when, in any place, any British or North Borneo ship has been stranded or damaged, and any witness is found in North Borneo; and
(f)
when any British or North Borneo ship has been lost, or is supposed to have been lost, and any evidence is obtainable in North Borneo as to the circumstances in which such ship proceeded to sea or was last heard of.
(2)
In any of the following cases –
(a)
where a casualty occurs to a British or North Borneo ship on or near the coasts of North Borneo or to any such ship in the course of a voyage to
North Borneo;
(b)
where a casualty occurs in any part of the world to a North Borneo ship;
(c)
where some of the crew of a British or North Borneo ship to which a casualty has occurred, and who are competent witnesses to the facts, are found in
North Borneo;
(d)
where the incompetency or misconduct has occurred on board a British ship on or near the coasts of North Borneo, or on board any such ship in the course of a voyage to North Borneo;
(e)
where the incompetency or misconduct has occurred on board a North
Borneo ship;
(f)
where any officer of a British or North Borneo ship who is charged with incompetency or misconduct on board that ship is found in North Borneo;
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the Marine Court may make investigation respecting such casualty and may hear and inquire into any such charge of incompetency or misconduct; and, for such purpose, that Court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction but subject to all provisions, restrictions and conditions which would have been applicable if it had so occurred, and the Marine Court shall also have the powers given to inspectors under this Ordinance as well as all the powers of a Magistrate of the First Class.
(3)
An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry, other than a preliminary inquiry under section 206, and has been reported on by a competent Court or tribunal in any part of the Commonwealth, or in respect of which the certificate of any officer of a ship has been cancelled or suspended by a Naval
Court.
(4)
Where an investigation or inquiry has been commenced in the United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held under this Chapter.
Grounds for cancellation or suspension of certificate.