On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 02/01/2011.
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.