Payments into the account of the Authority

All fines, compensation, damages, costs, or other sums directed to be paid in respect of any offence, proceedings or matters arising out of the performance of the duties, powers and functions under this Act or any regulations made there under, shall be paid into the account of the Authority. 42 SCHEDULE I Sea-Going Certificates [Section 12 (1)] BELIZE. Certificate No. Official number of vessel........................................................... (if registered as a British ship) Port of Registry............................................................................ Name and address of owner........................................................ Name of master............................................................................ Certificate (local) No. Name of engineer........................................................................ Certificate (local) No. Steam, motor or sail (if sail, rig) Tonnage Length Breadth Depth of hold Load draught Minimum number of crew (including master) with which vessel is to Harbours and Merchant Shipping [CAP. 234 43 proceed on a voyage Vessel is provided with deck line life belts lights boats anchors bell horn or whistle. Maximum number of passengers to be carried. GIVEN under my hand at Belize City this day of 20 . Harbour Master. 44 Harbours and Merchant Shipping SCHEDULE II Certificate of Competency for Masters, Mates and Engineers [Section 19] BELIZE. Certificate No. To WHEREAS you have given sufficient evidence of your ability and competency to be employed as of a vessel engaged in the service of Belize, we do hereby grant you this certificate to be so employed. GIVEN under my hand at Belize City this day of 20 . Harbour Master. Signature of Holder Address of Holder Date and place of birth Harbours and Merchant Shipping [CAP. 234 45 SCHEDULE III Rules of Investigations [Sections 46 and 47] 1. When a formal investigation has been ordered, the Harbour Master may cause a notice, called a notice of investigation, to be served upon the owner, master and officers of the ship, as well as upon any person who in their opinion ought to be served with such notice. 2. The notice shall contain a statement of the question or questions which, on the information then in possession of the Harbour Master, they intend to raise on the hearing of the investigation, and shall be as in Form 1 of this Schedule, with such variations as circumstances may require. 3. The Harbour Master may at any time before the hearing of the investigation, by a subsequent notice, amend, add to, or omit any of the questions specified in the notice of investigation. 4. The Harbour Master and any certificated officer upon whom a notice of investigation has been served, shall be deemed to be parties to the proceedings. 5. Any other person upon whom a notice of investigation has been served, and any person who shows that he has an interest in the investigation, shall have a right to appear, and any other person may by leave of the Court appear, and any person who so appears, shall thereupon become a party to the proceedings. 6. A party may give to any other party notice in writing to admit any documents (saving all just exceptions), and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing, shall be liable for all the costs of proving 46 Harbours and Merchant Shipping the documents, whatever may be the result, unless the Court is of opinion that the refusal to admit was reasonable. 7. No costs of proving any document shall be allowed unless such notice has been given, except where the omission to give the notice has, in the opinion of the officer by whom the costs are taxed, caused a saving of expense. 8. Affidavits may by permission of the Court be used as evidence at the hearing. 9. At the time and place appointed for holding the investigation, the Court may proceed with the investigation, whether the parties upon whom a notice of investigation has been served, or any of them, are present or not. 10. The proceedings on the investigation shall commence with the production and examination of witnesses by the Harbour Master. 11. Witnesses after being examined on behalf of the Harbour Master may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined by the Harbour Master. 12. Questions asked and documents tendered as evidence in the course of the examination of these witnesses shall not be open to objection merely on the ground that they do, or may raise questions which are not contained in, or which vary from the statement of the case, or questions specified in the notice of investigation. 13. When the examination of the witnesses produced by the Harbour Master has been concluded, the Harbour Master shall state in open Court the questions in reference to the casualty, and the conduct of the certificated officers, or other persons connected therewith, upon which the opinion of the Court is desired. Harbours and Merchant Shipping [CAP. 234 47 14. In framing the questions for the opinion of the Court, the Harbour Master may make such modifications in, additions to, or omissions from the questions in the notice of investigation, as, having regard to the evidence which has been given, the Harbour Master may think fit. 15. After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the investigation, and determine the questions so stated. 16. Each party to the investigation shall be entitled to address the Court, and produce witnesses, or recall any of the witnesses who have already been examined for further examination, and generally adduce evidence. 17. The parties shall be heard, and their witnesses examined, cross- examined and re-examined in such order as the Court shall direct. 18. The Harbour Master may also produce and examine further witnesses, who may be cross-examined by the parties, and re- examined by him. 19. When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded, any of the parties who desire so to do, may address the Court upon the evidence, and the Harbour Master may address the Court in reply upon the whole case. 20. The Court may adjourn the investigation from time to time, and from place to place, and where an adjournment is asked for by a party to the investigation, or by the Harbour Master, the Court may impose such terms, as to payment of costs or otherwise, as it may think just, as a condition of granting the adjournment. 21. Except when the certificate of a master, mate, or engineer is cancelled or suspended, in which case the decision shall always be given in open Court, the Court may deliver its 48 Harbours and Merchant Shipping decision, either viva voce or in writing, and if in writing it may be sent or delivered to the parties. 22. In the latter case, it shall not be necessary to hold a Court merely for the purpose of delivering its decision. 23. The Court may order the costs and expenses of the investigation, or any part thereof, to be paid by the Harbour Master or by any other party to the proceedings. 24. An order for payment of costs shall be as in Form 2 of this Schedule with such variations as circumstances may require. 25. At the conclusion of the investigation the Court shall report to the Harbour Master. 26. The report shall be as in Form 3 of this Schedule with such modifications as circumstances may require. 27. Where the certificate of a master, mate or engineer has been cancelled or suspended, the Harbour Master shall, on application by any party to the proceedings, give him a copy of the report made to the Harbour Master. 28. The Harbour Master may be represented before the Court by counsel or solicitor. 29. Any other party to the proceedings may appear personally, or be represented by counsel or solicitor. Harbours and Merchant Shipping [CAP. 234 49 FORM 1 Notice of Investigation [Rule 2] BELIZE To Master, Mate, Engineer, Owner, etc., of or belonging to the ship of I HEREBY GIVE YOU NOTICE that the Harbour Master has ordered a formal investigation into the circumstances attending the and that subjoined hereto, is a copy of a report (or statement of the case) upon which the said investigation has been ordered. I further give you notice to produce to the Court your certificate, the log books of the vessel, and any other documents relevant to this case, which may be in your possession. I HAVE FURTHER TO GIVE YOU NOTICE, that on the information at present obtained by the Harbour Master, the questions annexed hereto are those upon which it appears desirable, and upon which they propose to take the opinion of the Court; but these questions will be subject to alteration, addition, omission, or amendment by the representative of the Harbour Master at the investigation, after the witnesses called by the Harbour Master have been examined. Dated this day of 20 . (1) Report (or statement of case). (2) Questions. Whether the (Here insert the proposed questions). 50 Harbours and Merchant Shipping ________________ Harbours and Merchant Shipping [CAP. 234 51 FORM 2 Order on a Party for Payment of Costs of Investigation [Rule 24] BELIZE: In the matter of a formal investigation held at on the (here state all the days on which the Court sat) days of before assisted by into the circumstances attending the The Court orders (1) That A.B. of do pay to the Harbour Master the sum of dollars on account of the expenses of this investigation, or (2) That the Harbour Master do pay to A.B. of the sum of dollars on account of the expenses of this investigation. GIVEN under my hand this ____________day of____20____. ______________________ Magistrate. 52 Harbours and Merchant Shipping FORM 3 Report of Court [Rule 26] BELIZE In the matter of a formal investigation held at on the (here state all the days on which the Court sat) days of before assisted by into the circumstances attending the the Court, having carefully inquired into the circumstances attending the above-mentioned shipping casualty, finds for the reasons stated in the annex hereto, that the (here state findings of the Court) Dated this day of 20 . Magistrate. We (or I) concur in the above report. Assessor Assessor __________________ Harbours and Merchant Shipping [CAP. 234 53 Annex to the Report Here state fully the circumstances of the case, the opinion of the Court touching the causes of the casualty, and the conduct of any persons implicated therein, and whether the certificate of any officer is either suspended or cancelled, and if so, for what reasons. __________________