INQUIRIES

370. (1) Where any of the following casualties occur, that is to say-

(a) the loss or presumed loss, stranding, grounding, abandonment of, or damage to, a ship;

(b) a loss of life caused by fire on board, or by any accident to, a ship or a ship's boat, or by any accident occurring on board a ship or a ship's boat; or

(c) any damage caused by a ship

and, at the time it occurs, the ship was a Trinidad and Tobago ship or the ship or the ship's boat was in the waters of Trinidad and Tobago, the Minister may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Minister.

(2) Whether or not a preliminary inquiry into the casualty has been held under subsection (1), the Minister

may cause a formal investigation to be held by a Wreck Commissioner appointed under section 372.

371. (1) For the purpose of a preliminary inquiry under section 370, the person holding the inquiry has all the following powers, namely-

(a> he may go on board any ship and may inspect the same or any part thereof, or any"of the machinery, boats, equipment or articles on board thereof to which this Act

applies, not unnecessarily detaining or delaying it from proceeding

on any voyage;

(b) he may enter and inspect any premises the entry or inspection of which

appears to him to be requisite for the purpose of the report which he is

directed to make;

(c) he may, by summons under his hand, require the attendance of all such persons as he thinks fit to make;

(d) he may require and enforce the production of all books, papers or documents which he considers important for such purpose;

<e) he may require oaths, or may, in lieu of requiring^ or administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

(2) Upon conclusion of a preliminary inquiry, the person holding it shall send to the Minister a report containing a full statement of the case and of that

person's opinion thereon accompanied by such report of, or extracts from, the evidence, and such observations, as he thinks fit.

372. (1) The Minister may appoint-

(a) a person appearing to him to be suitably qualified, by holding of, or by having

held, judicial office, or by experience as a legal practitioner;

(b) a senior public officer; or

(c) a senior officer of the Defence Force,

to be a wreck commissioner to hold one or more formal investigations.

(2) The Wreck Commissioner holding a formal investigation -

(a) shall conduct it with the assistance of one or more assessors with nautical, engineering or other special skills or knowledge; and

(b) shall conduct it in accordance with any regulations made under’ section 406. (APPENDIX lA refers)

(3) Notwithstanding subsection (1), where any

question concerning the cance-1 lat i on or suspension of an officer's certificate or licence is likely to arise there sha 11 be at least two assessors v/ith appropriate

qualifications and experience in the merchant shipping service assisting the Wreck Commissioner.

(4) Sections 6, 9, 10, 11, 12(2) and 12(3) of the Commissions of Enquiry Act apply to a formal investigation as if the investigation were an inquiry under this Act in relation to which the Wreck Commissioner were the

Chairman. (APPENDIX IB refers).

(5) The Wreck Commissioner may make such order with regard to the costs of a formal investigation as he thinks oust; and any such costs may be recovered by the Minister from the person ordered to pay them.

(6) At the conclusion of a formal investigation the Wreck Commissioner shall send to the Minister a full report on the investigation, together with the evidence taken.

373. Every witness summoned to give evidence in a preliminary inquiry under section 371 or a formal

investigation under section 372 shall be allowed such expenses as would be allowed to any witness attending on subpoena to give evidence before any Court of Record; and in case of any dispute as to the amount of such expenses, the same shall be referred by the person presiding over the preliminary inquiry or the formal investigation, as the case may be, to the Registrar of the Supreme Court or a Master of the High Court, who, on a request made of him for that purpose under the hand of the said person

presiding over the preliminary inquiry or the formal investigation, as the case may be, shall ascertain and certify the proper amount of such expenses.

374. (1) When, as a result of a formal investigation, the Wreck Commissioner-

(a) is satisfied that any master, mate or engineer—

(i) is unfit to discharge his duties whether by reason of

incompetence or misconduct or for any other reason;

(ii) has been seriously negligent in the discharge of his duties; or

<iii) has failed to give assistance or information required by section 207; (APPENDIX IC refers) and

(b) in a case coming under paragraph (a) (i) or (ii), is further satisfied that that circumstances

caused or contributed to a casualty,

the Wreck Commissioner may cancel or suspend any

certificate or licence issued under section 87 or section 89 to the officer concerned or censure him (APPENDIX ID

refers).

(2) Where a certificate or licence is cancelled or suspended pursuant to subsection (1), the officer

concerned shall forthv^ith deliver such certificate or licence to the Wreck Commissioner or the Director.

(3) Notwithstanding subsection (1), a Wreck

Commissioner may not cancel or suspend a certificate or licence unless at least one-half of the number of the assessors concur, and each assessor who does not concur shall state in writing his dissent and his reasons

theref or.

(4) A copy of the report made to the Minister under subsection (6) of section 372 shall be furnished by the Wreck Commissioner to any officer whose certificate or licence is cancelled or suspended,, or who is censured.

375. (1) Where it appears to the Minister that any master mate or engineer who holds a certificate or licence under