日本財団 図書館


(1) If he is or was a relative up to the 4th degree of relationship or a spouse of an Examinee or a Designated Person Concerned in the Marine Accident;

(2) If he acts as a witness or an expert witness in the case;

(3) If he participates in the inquiry of the case as a Counsellor or a representative for an Examinee or a Designated Person Concerned in the Marine Accident;

(4) If he performes the duty of a Commissioner in the case;

(5) If he participates in the inquiry by the court in the preceding inquiry

(6) If he is an owner, a manager, or a charterer of the vessel as an object of the inquiry, or if he has a relation of employment to any of the above-mentioned persons or an Examinee;

(7) In addition to the above-mentioned cases, there is apprehensions of the inquiry which is partiality.

(Limitation to Motion for Challenge)

Article 7. A person who makes a statement in court on the merits may not make a motion for challenge based on Article 6, item 7 alone, except in case that he does not know the reasons for the challenge or such reasons which resulted from thereafter.

(Proceedings of Motion for Challenge)

Article 8. The motion for challenge shall be made to the Marine Accidents Inquiry Agency to which the Judge or the Commissioned Judge belongs.

2. The motion mentioned in the preceding paragraph shall be made in writing wherein reasons shall be described.

3. When there is any reason of the proviso falling under Article 7, which shall be made clear.

 

 

 

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