Inquiry into fitness or conduct of officers
Open ↗117.—(1) If it appears to the Minister that an officer —(a)
is unfit to discharge his or her duties, whether by reason of incompetence, misconduct or physical or mental disability or for any other reason;
(b)
has been seriously negligent in the discharge of his or her duties; or
(c)
has failed to comply with section 106 (duty to give assistance and information after collision),
the Minister may cause an inquiry to be held by one or more persons appointed by him or her and, if the Minister does so, may, if the Minister thinks fit, suspend, pending the outcome of the inquiry, any certificate issued or deemed to be issued to the officer under section 47 and require the officer to deliver it to the Minister.
(2) Where a certificate issued to an officer has been suspended under subsection (1), the suspension may, on the application of the officer, be terminated by the General Division of the High Court and the decision of the General Division of the High Court on such an application is final.[40/2019]
(3) An inquiry under this section must be conducted in accordance with the regulations made under section 119(3).
(4) The persons holding an inquiry under this section into the fitness or conduct of the officer —(a)
may, if satisfied of any of the matters mentioned in subsection (1)(a), (b) and (c), cancel or suspend any certificate issued or deemed to be issued to the officer under section 47 or censure the officer;
(b)
may make such order with regard to the costs of the inquiry as they think just; and
(c)
must make a report on the case to the Minister,
and if the certificate is cancelled or suspended, the officer (unless he or she has delivered it to the Minister pursuant to subsection (1)) must deliver it forthwith to the persons holding the inquiry or to the Director.
(5) Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from the person by the Director.
Inquiries and investigations into shipping casualties
Open ↗118.—(1) Where any of the following casualties has occurred:(a)
the loss or presumed loss, stranding, grounding, abandonment of or damage to a ship;
(b)
a loss of life or serious personal injury caused by fire on board or by an accident to a ship or ship’s boat, or by an accident occurring on board a ship or ship’s boat;
(c)
any damage caused by a ship,
and, at the time it occurred, the ship was registered in Singapore or the ship or boat was in Singapore —
(d)
the Director may cause a preliminary inquiry into the casualty to be held by a person appointed by him or her; and
(e)
the Minister may (whether or not a preliminary inquiry into the casualty has been held) cause a formal investigation into the casualty to be held by a Commissioner appointed by him or her.
(2) A person appointed under this section to hold a preliminary inquiry is to for the purpose of the inquiry have the powers conferred on an inspector by section 206.
Formal investigations into shipping casualties
Open ↗119.—(1) A Commissioner holding a formal investigation into a casualty under section 118 must conduct it in accordance with the regulations made under section 121, and those regulations must require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely to arise, the assistance of not less than 2 assessors.
(2) The Commissioner holding the formal investigation has all the powers of a Magistrate and also has all the powers of an inspector under this Act.
(3) If as a result of the investigation the Commissioner is satisfied, with respect to any officer, of any of the matters mentioned in section 117(1)(a), (b) and (c) and, if it is a matter mentioned in subsection (1)(a) or (b) of that section, is further satisfied that it caused or contributed to the casualty, the Commissioner may cancel or suspend any certificate issued or deemed to be issued to the officer in accordance with the regulations made under section 47 or censure him or her; and if the Commissioner cancels or suspends the certificate, the officer must deliver the certificate forthwith to the Commissioner or the Director.
(4) The Commissioner may make such order as to the costs of the investigation as the Commissioner thinks just and must make a report on the case to the Minister.
(5) Any costs which a person is ordered to pay under subsection (4) may be recovered from him or her by the Director.
Re-hearing of and appeal from inquiries and investigations
Open ↗120.—(1) Where an inquiry or formal investigation has been held under section 119, the Minister may order the whole or part of the case to be re-heard, and must do so —(a)
if new and important evidence which could not be produced at the inquiry or investigation has been discovered; or
(b)
if it appears to the Minister that there are other grounds for suspecting that a miscarriage of justice may have occurred.
(2) An order under subsection (1) may provide for the re-hearing to be held by the persons who held the inquiry or investigation or by the General Division of the High Court.[40/2019]
(3) Any re-hearing under this section which is not held by the General Division of the High Court must be conducted in accordance with the regulations made under section 121; and section 119 applies in relation to a re‑hearing of an investigation by a Commissioner as it applies to the holding of an investigation.[40/2019]
(4) Where the persons holding the inquiry or investigation have decided to cancel or suspend the certificate 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 application has been refused, that person or any other person who, having an interest in the inquiry or investigation, has appeared at the hearing and is affected by the decision or finding, may appeal to the General Division of the High Court.[40/2019]
Regulations as to inquiries, formal investigations and appeals
Open ↗121.—(1) The Authority may, with the approval of the Minister, make regulations for the conduct of inquiries under section 117 and of formal investigations under section 119 and for the conduct of any re‑hearing under section 120 which is not held by the General Division of the High Court.[40/2019]
(2) Without limiting subsection (1), regulations made under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.
Failure to deliver cancelled or suspended certificate
Open ↗122. A person who fails to deliver a certificate as required under section 117 or 119, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Power to restore certificate
Open ↗123. Where a certificate has been cancelled or suspended under this Part, the Minister may, if he or she is of the opinion that the justice of the case requires it, order the certificate to be re-issued or (as the case may be) reduce the period of suspension and order the certificate to be returned, or may order a new certificate of the same or lower grade in place of the cancelled or suspended certificate to be granted.
Payment to persons holding inquiries or investigations and assessors
Open ↗124. The Minister may direct such remuneration (if any) to be paid out of the Consolidated Fund to any person appointed to hold an inquiry under section 117 or an investigation under section 119 and to any assessor under this Part.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
