### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

18. Powers of persons holding inquiry, etc.
(1) The persons holding an inquiry under section 17 may—
(a) make such examination and investigation as they consider necessary for the purpose of the inquiry;
(b) require any person who they have reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (a)—
(i) to attend at a place and time specified by the persons holding the inquiry;
(ii) to answer (in the absence of persons other than any persons whom the persons holding the inquiry may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the persons holding the inquiry think fit to ask;
(iii) to sign a declaration of the truth of his answers;
(c) require the production of, and inspect and take copies of or of any entry in—
(i) any books or documents which by virtue of any provisions of the Merchant Shipping Ordinance (Cap. 281), the Shipping and Port Control Ordinance (Cap. 313), the Merchant Shipping (Safety) Ordinance (Cap. 369), the Merchant Shipping (Seafarers) Ordinance (Cap. 478) or this Ordinance are required to be kept;
(ii) any other books or documents which they consider it necessary for them to see for the purposes of any examination or investigation under paragraph (a);
(d) require any person to afford them such facilities and assistance with respect to any matters or things within that person’s control, or in relation to which that person has responsibilities as the persons holding the inquiry consider are necessary to enable them to exercise any of the powers conferred on them by this section.
(2) A person shall be obliged to answer questions put to him under this section by the persons holding the inquiry, but if the answers might tend to incriminate him, and he so claims before answering the question, neither the question nor the answer shall be admissible in evidence against him in criminal proceedings other than proceedings for an offence under section 36 of the Crimes Ordinance (Cap. 200), or for perjury, in respect of the answer, and the persons holding the inquiry shall, before asking any question under this section, inform the person concerned of the limitation imposed by this subsection in respect of the admissibility in evidence of the question and any answer given.
(3) Any person who refuses to attend as a witness before any person having the powers specified in subsection (1), after having been required in the exercise of any such power to do so, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession or under his control, or to make or subscribe any declarations required by any such person in the exercise of any such power, commits an offence and is liable on conviction to a fine at level 2.

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

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.

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

20. Rules as to inquiries, etc.
(1) The Chief Justice may make rules for the conduct of inquiries under section 17 and for the conduct of any re-hearing under section 19.
(2) Without prejudice to the generality of subsection (1), rules 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.

21. Power to restore certificate, etc.
Where a local certificate of competency has been cancelled or suspended under this Part, the Director, if required to do so by the Court of First Instance or the persons holding the inquiry concerned, shall re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or shall grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate.

22. Offences relating to local certificates of competency
(1) Any person who—
(a) makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other person, a local certificate of competency;
(b) fraudulently uses a local certificate of competency or copy of a local certificate of competency which has been forged, altered, cancelled or suspended or to which he is not entitled; or
(c) fraudulently lends his local certificate of competency or allows it to be used by any other person,
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) Where a person is convicted of an offence under subsection (1), the Director may cancel, or suspend for any period, the local certificate of competency in respect of which the offence is committed.

23. Surrender of local certificates of competency
If—
(a) a person fails to deliver a local certificate of competency as required under section 17(1) or (4); or
(b) on the cancellation or suspension of a local certificate of competency under section 22, the holder of the certificate, or any person in possession of it, without reasonable excuse fails to deliver it to the Director on being required by him to do so,
he commits an offence and is liable on conviction to a fine at level 2.