On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 02/01/2011.
PART XI
MISCELLANEOUS
205.
—(1) The Director, the Port Master, a Port Health Officer, a surveyor of ships or a police officer may, at any time, for the purposes of this Act —
(a)
go on board any ship and inspect and examine the ship or any part thereof or its equipment;
(b)
enter and inspect any premises;
(c)
require and enforce the production of any book, certificate or document relating to any ship or persons on board the ship;
(d)
muster the crew and passengers of any ship;
(e)
summon any person before him and require him to answer questions; and
(f)
require any ship to be taken into a dock for the purpose of surveying the hull.
(2) The Director may, in his discretion, compound any offence under this Act or the regulations which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
206. An inspector and any person having the powers of such an inspector —
(a)
shall have the powers conferred under section 205(1); and
(b)
may administer oaths or may, in lieu of requiring or administering an oath, require every person examined by him to make and subscribe to a declaration of the truth of the statements made by him in his examination.
207.
—(1) The Director, the Port Master, a Port Health Officer, a surveyor of ships or a police officer may arrest without warrant any person who has committed an offence under this Act and take him before a District Court or a Magistrate’s Court, as the case may be, to be dealt with according to law.
(2) Any article concerning, by or for which an offence has been committed may be seized and taken to a police station, unless given up sooner by order of a District Court or a Magistrate’s Court.
208.
—(1) The High Court may remove the master of any ship within the jurisdiction of the Court, if that removal is shown to the satisfaction of the Court by affidavit evidence to be necessary.
(2) The removal of the master under subsection (1) shall be made upon the application of any owner of the ship or his agent, or of the authorised agent of the ship, or of any certificated mate or engineer, or of one-third or more of the crew of the ship.
(3) The High Court may appoint a new master in place of the one removed, but where the owner or agent of the ship is within the jurisdiction of the Court, such an appointment shall not be made without the consent of the owner or agent.
(4) The High Court may also make such order and require such security in respect of the costs of the matter as the Court thinks fit.
209.
—(1) Where under this Act a ship is to be or may be detained, the Director, the Port Master, a surveyor of ships, a police officer not below the rank of inspector or a commissioned officer on full pay in the Singapore Armed Forces may detain the ship if it is in Singapore, and the ship may be detained until it complies with the provisions which it contravened.
(2) If the ship, after detention, or after service on the master of the ship of any notice of or order for detention, goes to sea before it is released by the competent authority, the owner and the master of the ship, and also any person who is party or privy to the offence, shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) Any person authorised under this section to detain a ship may, if he thinks it necessary to do so, place a police guard on board.
(4) Any police guard so placed on board a ship may take such steps as are necessary to prevent the ship from going to sea.
210.
—(1) Where a document issued by the Director or the Registrar under this Act is mislaid, lost or destroyed —
(a)
in the case of a document which relates to a ship, the master or the owner of the ship;
(b)
in the case of a document which relates to a person, the person,
or some other person having knowledge of the facts of the case, shall make a declaration stating the facts of the case to the best of his knowledge and belief, and the Director or the Registrar may thereupon issue a new document in lieu of the original document.
(2) The declaration under subsection (1) shall contain an undertaking to surrender to the Director or the Registrar the document declared mislaid, lost or destroyed, when the document is subsequently recovered.
(3) The Director or the Registrar may, on the delivery up to him of a document issued by him under this Act, issue a new document in lieu thereof.
211. The Director or the Registrar may issue certified copies of or extracts from any document issued by him or in his custody.
212.
—(1) The master of a Singapore ship which is propelled by mechanical means shall keep a copy of this Act on board the ship, except that he shall not be obliged to keep a copy of any regulations which do not apply to the ship.
(2) Any master who contravenes or fails to comply with this section without reasonable cause shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
213.
—(1) The Authority may, with the approval of the Minister, make regulations prescribing the fees to be paid in respect of the issue or recording of any certificate, licence or other instrument or the doing of any other thing in pursuance of this Act.
(2) All fees prescribed under this Act shall be paid to the Director.
(3) All fees due to or which may be recovered by the Director under this Act shall, without prejudice to any other remedy, be recoverable as salvage is recoverable.
(4) For the purposes of this section, “fees” includes —
(a)
the fees prescribed under section 14;
(b)
the fines imposed on the seamen of a ship for disciplinary offences required by section 83 to be paid to the Director;
(c)
the fees in respect of survey or inspection of a ship or its equipment or other services rendered to or in relation to a ship by a surveyor of ships or a radio surveyor; and
(d)
the fees in respect of services rendered to or in relation to a ship by the Director or a person authorised by the Director.
(5) All moneys recovered or received under this Act shall be paid to the Authority except that the annual tonnage tax paid under section 14(2) shall be paid into the Consolidated Fund.
[7/96]
214. Every register, certificate, licence, book, instrument or other document prescribed by this Act shall be made in such form, if any, as may be approved by the Authority or as near thereto as circumstances permit.
[7/96]
215.
—(1) The Minister may exempt any person or ship or description of persons or ships from all or any of the provisions of this Act.
(2) Any power conferred by this Act to provide for or grant an exemption shall include the power to provide for or grant the exemption subject to conditions and to revoke the exemption.
216.
—(1) The Authority may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, make regulations —
(a)
to exempt any person or ship or description of persons or ships from all or any of the provisions of this Act;
(b)
to empower the Director to exempt any person or ship or description of persons or ships from all or any of the provisions of the regulations;
(c)
to prescribe the form of any document that may be required and to prescribe different forms for different circumstances;
(d)
to make different provision for different descriptions of persons or ships or for persons or ships of the same description in different circumstances;
(e)
to prescribe the offences which may be compounded;
(f)
to make provisions for any incidental or supplementary matters for which the Authority thinks it expedient for the purposes of the regulations to provide; and
(g)
to make a contravention of any provision of any regulation an offence punishable with a fine not exceeding $10,000.
[7/96]
217.
—(1) Every Singapore ship registered before 2nd February 1996 shall be deemed to be registered under Part II of this Act and the provisions of this Act shall apply to the ship and all matters relating thereto as they apply to a ship registered on or after that date.
(2) Any document, endorsement, exemption or certificate prepared, made or granted under the repealed Merchant Shipping Act [Cap. 179,] shall, so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act, continue and be deemed to have been prepared or granted under the corresponding provisions of this Act.
[1985 Ed.]
(3) Any reference to the Surveyor-General of Ships or Superintendent of the Mercantile Marine Office in any written law shall be read as a reference to the Director.