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Contents

Long Title

Part I PRELIMINARY

Part II SINGAPORE REGISTRY

Part III MANNING AND CERTIFICATION

Part IV CREW MATTERS

Part V SURVEY AND SAFETY

Part VI INQUIRIES AND INVESTIGATIONS

Part VII DELIVERY OF GOODS

Part VIII LIABILITY OF SHIPOWNERS AND SALVORS FOR MARITIME CLAIMS

Part IX WRECK AND SALVAGE

Part X LEGAL PROCEEDINGS

Part XI MISCELLANEOUS

THE SCHEDULE Convention on Limitation of Liability for Maritime Claims, 1976Part IText of Convention Chapter IRight of Limitation

Legislative History

 
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On 03/09/2014, you requested the version in force on 03/09/2014 incorporating all amendments published on or before 03/09/2014. The closest version currently available is that of 02/01/2011.
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PART V
SURVEY AND SAFETY
Application of this Part
98.  This Part shall, unless otherwise provided, apply to all Singapore ships wherever they may be and to all ships in Singapore except harbour craft.
Prohibition on going to sea without certificates
99.
—(1)  Every ship unless exempted shall be surveyed or inspected in the manner provided in this Act.
(2)  Subject to any exemption, no ship shall go to sea unless the owner or the master of the ship has been issued with certificates by the Director as to the surveys or inspections under this Act, the certificates being in force and applicable to the ship.
(3)  If any ship goes or attempts to go to sea in contravention of this section —
(a)
in the case of a passenger ship, the owner or the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every passenger on board the ship; and
(b)
in the case of any other ship, the owner or the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000,
and the ship may be detained until the certificates are produced to the Director or the Port Master.
Powers of Authority to make regulations
100.
—(1)  The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Part.
(2)  Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, make regulations providing for —
(a)
the standards of construction and equipment of ships including the provision of life-saving and fire-fighting appliances and radio installations;
(b)
the standards of accommodation for crew and passengers;
(c)
the tonnage measurement of ships;
(d)
the determination of the load lines;
(e)
the loading and carriage of goods, including dangerous goods;
(f)
the carriage of livestock;
(g)
the safety of navigation;
(h)
the prevention of collisions at sea (referred to in this Act as the collision regulations);
(i)
the safety, health and welfare of persons employed on ships;
(j)
the manner and frequency of the survey or inspection and the issue, suspension, cancellation, extension and period of the validity of certificates or exemption certificates; and
(k)
the recognition of certificates or exemption certificates issued by or under the authority of the government of any other country for the purposes of section 99.
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(3)  The Authority may, with the approval of the Minister, in the regulations make provisions to give effect to the provisions of any international convention or agreement concerning or relating to ships, ships’ safety, ships’ equipment, property or goods carried in ships or persons employed on ships and to which Singapore is a party.
[7/96]
(4)  The owner and the master of any ship to which section 99 applies shall comply with any regulations made under this section and shall ensure that the ship and its equipment and in respect of any matter that is governed by the regulations comply with any such regulations before the ship goes to sea and at all times when the ship is at sea, unless otherwise provided in this Act.
(5)  Any owner or master who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and the ship may be detained.
[7/96]
Overloaded ships
101.
—(1)  Where a cargo ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the load line marked on either side of the ship that is the appropriate load line at the time would be submerged, the ship shall, for the purposes of this Act, be deemed to be overloaded, and, subject to subsection (4), to be overloaded to the extent which that load line would be submerged.
(2)  Where —
(a)
a ship is at any time engaged on, or is about to engage on, a voyage during which, in the ordinary course, a load line marked on either side of the ship (not being a load line that is the appropriate load line at that time) would, at some later time during the voyage, become the appropriate load line; and
(b)
the ship is so loaded at that first-mentioned time, that if the ship were floating without a list in still salt water of a specific gravity of 1.025 and there were unloaded from the ship the fuel and other material that would, in the ordinary course, be consumed or discharged before that later time, that load line would be submerged,
the ship shall, for the purposes of this Act, be deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.
(3)  Where a passenger ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the subdivision load line marked on either side of the ship that is the appropriate subdivision load line at that time would be submerged, the ship shall, for the purposes of this Act, be deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that subdivision load line would be so submerged.
(4)  Where —
(a)
in any proceedings under this Act, it is proved that a ship is deemed to be overloaded under the provisions of more than one subsection of this section; and
(b)
the extent to which, under those subsections, the ship is deemed to be overloaded is not the same in each case,
the ship shall, for the purposes of this Act, be deemed to be overloaded to the greatest extent to which it is deemed to be overloaded under those subsections.
(5)  Where a ship is overloaded in contravention of this section, the owner and the master of the ship shall each be liable on conviction to a fine not exceeding $10,000 and to such additional fine not exceeding the maximum amount which the earning capacity of the ship would have been increased by reason of the contravention.
(6)  Without prejudice to any proceedings under this section, any ship which is overloaded in contravention of this section may be detained until it ceases to be so overloaded.
(7)  For the purposes of this section, the load line or subdivision load line marked on a ship that is the appropriate load line or subdivision load line at any time shall be determined in accordance with the regulations made under this Part.
Penalty for carrying passengers in excess
102.
—(1)  The owner or the master of any passenger ship shall not carry or receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion and circumstances of the case, is greater than the number allowed by the passenger ship’s safety certificate, and if he does so, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(2)  The Director or the Port Master may detain any ship which has contravened subsection (1) for such period until the ship complies with the passenger ship’s safety certificate.
Observance of collision regulations
103.
—(1)  All owners, masters or persons in charge of the navigation of vessels shall obey the collision regulations and shall not carry, exhibit or use any other lights or use any other signals, than such as are required by those regulations.
(2)  Any owner, master or person who does or suffers to be done any act or omission contrary to any of the provisions of the collision regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(3)  In any case before a court in Singapore concerning a contravention of the collision regulations arising within Singapore, foreign vessels shall be treated as if they were registered in Singapore.
(4)  For the purposes of this section, “vessel” shall have the meaning assigned to it in the collision regulations.
Defect or deficiency in ship, etc.
104.
—(1)  Where a material defect or deficiency affecting safety is discovered in a Singapore ship or its equipment, whether the defect or deficiency is due to wear and tear or to accident or to any other cause, the owner or the master of the ship shall report to the Director the nature and extent of the defect or deficiency and the probable cause thereof within 7 days of its discovery unless it has been reported to the Director under section 107.
(2)  Where any material alteration is made to a Singapore ship or its equipment or the purpose for which the ship is for the time being used is changed, the owner or the master of the ship shall report the nature and extent of the alteration or change to the Director within 7 days of the alteration or change.
(3)  If any owner or master of a ship contravenes subsection (1) or (2), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(4)  If any person conceals or attempts to conceal or suffers to be concealed any material defect or deficiency in the ship or its equipment, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Cancellation of certificate or exemption certificate
105.
—(1)  The Director may cancel any certificate or exemption certificate issued by him in respect of any ship if he has reason to believe that the ship or its equipment or any matter to which the certificate or exemption certificate relates no longer complies with the regulations under which the certificate was issued or the conditions (if any) under which the exemption certificate was issued.
(2)  Where a certificate or exemption certificate is cancelled by the Director under subsection (1), the owner or the master of the ship to which the certificate or exemption certificate relates shall deliver the certificate within 14 days upon being notified by the Director, and if he fails to do so without reasonable cause, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Duty of ship to assist the other in case of collision
106.
—(1)  In every case of collision between 2 ships, it shall be the duty of the master or, in his absence, the person in charge of each ship, if and so far as he can do so without danger to his own ship, crew and passengers (if any) —
(a)
to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable, and may be necessary to save them from any danger caused by the collision, and to stay by the other ship until he has ascertained that it has no need of further assistance; and
(b)
to give to the master or person in charge of the other ship the name of his own ship and of the port to which it belongs, and also the names of the ports from which it came and to which it is bound.
(2)  If the master fails without reasonable cause to comply with this section, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and if he is a certificated officer, an inquiry into his conduct may be held and his certificate may be cancelled or suspended.
Report of accidents, etc., to Director
107.
—(1)  Where a ship —
(a)
has sustained or caused an accident occasioning loss of life or serious injury to a person;
(b)
has sustained an accident or received damage, or otherwise sustained a defect or deficiency in the ship or its equipment which has been discovered, and the accident, damage, defect or deficiency has affected, or is likely to affect the sea-worthiness of the ship, or the efficiency or completeness of the life-saving appliances or other safety equipment of the ship;
(c)
has been in a position of great peril, either from the action of some other ship or from danger of wreck or collision; or
(d)
has been stranded or wrecked,
the owner or the master of the ship shall, within 24 hours of the happening, report the happening to the Director.
(2)  Any owner or master of a ship who fails without reasonable cause to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Appointment of inspector to report on accident, etc.
108.  The Minister may appoint any person as an inspector to report to him —
(a)
upon the nature and causes of any accident or damage which any ship has sustained or caused or is alleged to have sustained or caused;
(b)
whether the provisions of this Act or any other written law have been complied with; or
(c)
whether the hull, machinery and equipment of any ship are sufficient and in good condition.
Notification of loss of ship
109.
—(1)  If —
(a)
the owner, manager or agent of a Singapore ship has reason to believe that the ship has been wholly lost; or
(b)
the owner, manager or agent of any other ship has reason to believe that the ship has been wholly lost on or near the coast of Singapore,
he shall forthwith give notice in writing to the Director stating the name of the ship, its description, official number and the port to which it belongs and shall state to the best of his knowledge, the probable cause of the loss.
(2)  Any owner, manager or agent who fails without reasonable cause to comply with this section within a reasonable time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Owner and master liable in respect of unsafe ship
110.
—(1)  If, having regard to the nature of the service for which it is intended —
(a)
a ship in a port in Singapore; or
(b)
a Singapore ship which is in any other port,
is an unsafe ship, that is to say, is by reason of any of the matters mentioned in subsection (2) not fit to go to sea without serious danger to human life, then, subject to subsection (3), the master and the owner of the ship 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.
(2)  The matters referred to in subsection (1) are —
(a)
the condition, or the suitability for its purpose, of —
(i)
the ship or its machinery or equipment; or
(ii)
any part of the ship or its machinery or equipment;
(b)
undermanning;
(c)
overloading or unsafe or improper loading; and
(d)
any other matter relevant to the safety of the ship.
(3)  It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence —
(a)
arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters falling within subsection (2) which are specified in the charge; or
(b)
it was reasonable not to have made such arrangements.
Master or seaman may claim discharge if ship is unsafe
111.  If a ship is an unsafe ship, the master or seaman belonging to the ship shall not be deemed to have committed a breach of his agreement by reason of his having refused to sail in the ship while it is unsafe; and any master or seaman so refusing may claim his discharge unless the ship is made safe within a reasonable time.
Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness
112.
—(1)  In every contract of service, express or implied, between the owner of a ship or the person employing the master and seamen and the master or any seaman thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that the owner of the ship and the master and every agent charged with the loading of the ship or the preparing of the ship for sea or the sending of the ship to sea shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy condition for the voyage during the voyage.
(2)  Nothing in this section —
(a)
shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable; or
(b)
shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part thereof is in Singapore.
Detention of unsafe ship
113.
—(1)  The Director may order any ship, which is an unsafe ship or appears to him to be an unsafe ship, to be provisionally detained.
(2)  When any ship has been provisionally detained, a notification of the provisional detention of the ship shall be immediately served on the master of the ship, together with a statement of the grounds of detention.
(3)  The Director may appoint a competent person to survey the ship and report to him.
(4)  On receipt of the report, the Director may either finally detain the ship or order its release unconditionally or on such conditions as he thinks fit.
(5)  Before the order for final detention is issued, the master of the ship shall be furnished with a copy of the report and he may, within 7 days after receipt of the copy, appeal to the Minister.
(6)  The Minister may, upon appeal under subsection (5), order the final detention of the ship or order its release unconditionally or subject to such conditions as he thinks fit.
(7)  When any order for the final detention of a ship has been made, the ship shall not be released until the Director or the Minister, as the case may be, is satisfied that its further detention is no longer necessary and orders its release.
Owner liable for unsafe operation of ship
114.
—(1)  It shall be the duty of the owner of a ship to which this section applies to take all reasonable steps to secure that the ship is operated in a safe manner.
(2)  This section shall apply to —
(a)
any Singapore ship; or
(b)
any ship which —
(i)
is registered under the law of any country outside Singapore; and
(ii)
is within the seaward limits of the territorial waters of Singapore while proceeding to or from a port in Singapore, unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.
(3)  If the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1), he shall 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.
Conduct endangering ships, structures or individuals
115.
—(1)  This section shall apply to the master of, or any seaman employed on —
(a)
a Singapore ship; and
(b)
a ship which —
(i)
is registered under the law of any country outside Singapore; and
(ii)
is in a port in Singapore or within the seaward limits of the territorial waters of Singapore while proceeding to or from any such port, unless the ship would not be in that port, or, as the case may be, would not be so proceeding, but for weather conditions or any other unavoidable circumstances.
(2)  If a person to whom this section applies, while on board his ship or in its immediate vicinity —
(a)
does any act which causes or is likely to cause —
(i)
the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment;
(ii)
the loss or destruction of or serious damage to any other ship or any structure; or
(iii)
the death of or serious injury to any person; or
(b)
omits to do anything required —
(i)
to preserve his ship or its machinery, navigational equipment or safety equipment, from loss, destruction or serious damage;
(ii)
to preserve any person on board his ship from death or serious injury; or
(iii)
to prevent his ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board his ship,
and either of the conditions specified in subsection (3) is satisfied with respect to that act or omission, he shall, subject to subsections (5) and (6), 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)  The conditions referred to in subsection (2) are —
(a)
that the act or omission was deliberate or amounted to a breach or neglect of duty; and
(b)
that the master or seaman in question was under the influence of drink or a drug at the time of the act or omission.
(4)  If a person to whom this section applies —
(a)
discharges any of his duties, or performs any other function in relation to the operation of his ship or its machinery or equipment, in such a manner as to cause, or to be likely to cause, any such loss, destruction, death or injury as is mentioned in subsection (2)(a); or
(b)
fails to discharge any of his duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things,
he shall, subject to subsections (5) and (6), 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.
(5)  In any proceedings for an offence under this section, it shall be a defence to prove —
(a)
in the case of an offence under subsection (2), where the act or omission alleged against the defendant constituted a breach or neglect of duty, that the defendant took all reasonable steps to discharge that duty;
(b)
in the case of an offence under subsection (4), that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
(c)
in the case of an offence under either of those subsections —
(i)
that he could have avoided committing the offence only by disobeying a lawful command; or
(ii)
that in all the circumstances, the loss, destruction, damage, death or injury in question, or, as the case may be, the likelihood of its being caused, either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by him.
(6)  In the application of this section to any person falling within subsection (1)(b), subsections (2) and (4) shall have effect as if subsection (2)(a)(i) and (b)(i) were omitted.
(7)  In this section —
“breach or neglect of duty”, except in relation to a master, includes any disobedience to a lawful command;
“duty”  —
(a)
in relation to a master or seaman, means any duty falling to be discharged by him in his capacity as such; and
(b)
in relation to a master, includes his duty with respect to the good management of his ship and his duty with respect to the safety of operation of his ship, its machinery and equipment;
“structure” means any fixed or movable structure of whatever description other than a ship.
Regulations for survey of ships and issue of certificates
116.
—(1)  The Authority may, with the approval of the Minister, make regulations for the purposes of authorising any organisation for the survey or inspection of Singapore ships and the issue of any certificate under this Part.
(2)  Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, in the regulations —
(a)
specify the surveys or inspections and the issue of certificates or endorsements;
(b)
provide for the registration of any person belonging to or acting on behalf of any organisation as a surveyor for the purposes of surveying or inspecting Singapore ships; and
(c)
prescribe the conditions for the registration of any person under paragraph (b) and the cancellation of the registration of any person.
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(3)  Any certificate issued or endorsement made by any authorised organisation in accordance with any regulations made under this section shall be deemed to be issued or made by the Director for the purposes of this Act.
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