Section 210
of Merchant Shipping Ordinance 1960
Section 210
The Governor may, in any case where under this Ordinance an investigation into the conduct of a holder of a certificate of competency granted under this Chapter has been held, order the case to be re-heard, either generally or as to any part thereof, either by the Marine
Court by which it was heard in the first instance or by another Marine Court 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)
Where an application under subsection (1) for a re-hearing is not made or is refused, and where an application under subsection (6) of section 478 of the Principal Act for a re-hearing of any inquiry under this Chapter is not made or is refused, an appeal shall lie from any order or finding of the Court or tribunal holding the inquiry to the Court of Appeal:
Provided that an appeal under this section shall not lie in any case, other than an investigation under paragraph (e) of subsection (2) of section 208 in which an appeal to the
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High Court of England under section 478 of the Principal Act or under section 66 of the
Merchant Shipping Act, 1906, is competent.
(3)
Any re-hearing or appeal under this section shall be subject to, and in accordance with, such terms and conditions as may be prescribed.
(4)
Notwithstanding anything in this Chapter contained, the Governor may in his discretion, at any time direct the re-issue and return of any certificate issued under this
Ordinance, or may direct the grant in place thereof of a certificate of the same or a lower grade.
Further powers of Marine Court.