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[接上页] Cap 281G reg 14 Cross-examination of witnesses The marine court shall determine in which order the parties to the investigation may question a witness produced and examined by any other party. Cap 281G reg 15 Certain questions, etc. not to be objected to No objection shall be allowed to any evidence adduced in the course of the examination of witnesses produced by the Director on the ground that such evidence is not relevant to any question in the statement of questions accompanying the notice of investigation served pursuant to paragraph (2) of regulation 3. Cap 281G reg 16 Framing of questions for court (1) At the conclusion of the examination of the witnesses produced by the Director, he shall state to the marine court, having regard to the evidence given by those witnesses, the questions which the court is to determine. (2) In framing such questions, the Director shall not be bound by any question in the statement of questions accompanying the notice of investigation served pursuant to paragraph (2) of regulation 3. (3) Any party may request the marine court to add further questions as questions which the court is to determine and if any other party objects to the addition of those questions the court, after considering the objections, shall determine whether or not those questions shall be questions which it is to determine. Cap 281G reg 17 Calling of witnesses, etc. by other parties (1) After the questions which the marine court is to determine have been settled, each party to the investigation may address the court and produce witnesses, including any witness produced by the Director. (2) A marine court shall determine the order in which the parties to the investigation (other than the Director) may so address the court and produce witnesses. Cap 281G reg 18 Director of Marine may call further witnesses At the conclusion of the examination of the witnesses called by the other parties to the investigation, the Director may produce further witnesses. Cap 281G reg 19 Any party may put further questions to a witness A marine court may at any time permit any party to the investigation to put further questions to any witness. Cap 281G reg 20 Final address by parties (1) Each party to the investigation may make a final address to the court on the evidence. (2) At the conclusion of all the addresses made to the court pursuant to paragraph (1), the Director may make a final address in reply on the whole case. Cap 281G reg 21 Adjournment of investigation A marine court may adjourn an investigation from time to time. Cap 281G reg 22 Decision of court (1) Save as provided in subsection (2) of section 55 of the Ordinance, a marine court may give its decision in writing. (2) Where the decision of a marine court is given in open court, the decision may be given in the absence of the assessors. (3) Where the decision of a marine court is given in writing, the decision shall be served on each of the parties to the investigation. Cap 281G reg 23 Service of notice, etc. (1) Any notice, summons or other document to be served under these regulations may be served personally or by registered post. (2) The service of any such notice, summons or other document may be proved by affidavit. Cap 281G reg 24 Regulations to apply to re-hearing of investigation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 These regulations shall apply mutatis mutandis to a re-hearing ordered by the Chief Executive under subsection (1) of section 56 of the Ordinance. (64 of 1999 s. 3) Cap 281G reg 25 Prescribed forms The forms in the Schedule are prescribed for the purposes of these regulations. Cap 281G SCHEDULE [regulation 25] FORM 1 Notice of investigation MERCHANT SHIPPING ORDINANCE (Chapter 281) MERCHANT SHIPPING (MARINE COURTS) REGULATIONS Notice of Investigation TO .................................... .................................... TAKE NOTICE that * a marine court has been appointed under section 52 of the Merchant Shipping Ordinance to make investigation as to a casualty affecting ................................................................... ..................................................................................................................................... ..................................................................................................................................... * a marine court has been appointed under section 52 of the Merchant Shipping Ordinance to inquire into charges of incompetency/misconduct on your part when ..................................................................................................................................... ..................................................................................................................................... 2. The investigation/inquiry will commence at .................... o'clock on the .............. day of ................................... 19 ........... at ................................................................................. |