Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 19

Re-hearing of and appeal from inquiries, etc.

(1) Where an inquiry has been held under section 17, the Director may, on
application by any person or otherwise, order the whole or part of the case to
be re-heard, and shall do so-

   (a)  if new and important evidence which could not be produced at the
        inquiry has been discovered; or

   (b)  if there appears to him to be other grounds for suspecting that a
        miscarriage of justice may have occurred.

(2) Where a re-hearing is to be held under this section-

   (a)  the re-hearing shall be held by one or more persons appointed by the
        Chief Justice, who may provide for the re-hearing to be held by the
        persons who held the inquiry to which the order under subsection (1)
        relates;

   (b)  the re-hearing shall be conducted in accordance with rules made under
        section 20; and

   (c)  section 17(2)(b), (3), (4) and (5) shall, with any necessary
        modifications, apply to and in relation to the re-hearing as it
        applies to and in relation to an inquiry.

(3) Where the persons holding an inquiry have decided to cancel or suspend the
local certificate of competency of any person or have found any person at
fault, then, if no application for an order under subsection

(1) has been made or such an application has been refused, that person or any
other person who-

   (a)  has an interest in the inquiry;

   (b)  has appeared at the hearing;

   (c)  is affected by the decision or finding; and

   (d)  is dissatisfied in point of law with the decision or finding, may
        appeal to the Court of First Instance.

(4) Where the persons holding a re-hearing under this section have-

   (a)  confirmed (whether with or without variation) a decision at an inquiry
        to cancel or suspend the local certificate of competency of any person
        or a finding at an inquiry that any person was at fault; or

   (b)  decided to cancel or suspend the local certificate of  competency of
        any person or have found any person at fault, then, in either case,
        that person or any other person who-

        (i)    has an interest in the re-hearing;

        (ii)   has appeared at the re-hearing;

        (iii)  is affected by the decision or finding; and

        (iv)   is dissatisfied in point of law with the decision or finding,
               may appeal to the Court of First Instance.

(5) If on an appeal under subsection (3) or (4) the Court of First Instance is
of the opinion that the decision or finding of the persons holding the inquiry
or re-hearing was erroneous in point of law, the Court may-

   (a)  allow the appeal and give such directions in the matter as it thinks
        proper; or

   (b)  remit the matter to those persons for determination in accordance with
        the Court's decision on the point of law.