Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey266. Convening of court of marine enquiry in the Republic |
| (1) | The Minister may, in his discretion, and whether or not a preliminary enquiry has been made under section two hundred and sixty-four, convene a court (hereinafter referred to as a court of marine enquiry) to hold a formal investigation into any such allegation or event as is referred to in that section. |
| (2) | A formal investigation shall not be held into any allegation against the master or a member of the crew of a ship registered in any treaty country other than the Republic, or into any event that has occurred in respect of or on board any such ship, save at the request or with the consent of the government of that treaty country: Provided that this restriction shall not apply if— |
| (a) | the allegation relates to the master or a member of the crew of a ship which is wholly engaged in plying between ports in the Republic, or the event has occurred at any place whatsoever in respect of or on board any such ship; or |
| (b) | the event has occurred in a port in the Republic or within the territorial waters of the Republic in respect of or on board a ship other than a ship referred to in paragraph (a). |
[Section 266(2) substituted by section 18 of Act No. 18 of 1992]