Singapore legislation

Section 352

of Merchant Shipping Act

Section 352

Appointment of inspector to report on accidents

Amended by2/86

(1)

The Minister may, as and when he thinks fit, 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 or any other Act or of any Imperial Act in force in Singapore, or of any regulations made under or by virtue of this or any other Act, or under or by virtue of any Imperial Act as aforesaid, have been complied with; or

(c)

whether the hull and machinery of any steamship are sufficient and in good condition.

(2)

An inspector so appointed and any person having the powers of such an inspector —

(a)

may go on board any ship and inspect the ship or any part thereof, or any of the machinery, boats, equipment or articles on board thereof to which the provisions of this Act apply, not unnecessarily detaining or delaying her from proceeding on any voyage;

(b)

may enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of the report which he is directed to make;

(c)

may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine for the purpose of his report, and may require answers or returns to any enquiries which he thinks fit to make;

(d)

may require and enforce the production of all books, papers or documents which he considers important for the purpose of his report;

(e)

may administer oaths or may, in lieu of requiring or administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

Amended by2/86

(3)

Every witness summoned under this section shall be allowed such expenses as would be allowed to a witness attending on subpoena to give evidence before the High Court.

(4)

In case of any dispute as to the amount of those expenses, the dispute shall be referred to the Registrar of the Supreme Court, who shall, on request made to him for that purpose under the hand of the inspector or person having the powers of an inspector, ascertain and certify the proper amount of those expenses.

(5)

Any person who refuses to attend as a witness before an inspector or before any person having the powers of an inspector, after having been required to do so in the manner provided by this section, and after having had a tender made to him of the expenses, if any, to which he is entitled under this section, or who refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declaration which an inspector or person having the powers of an inspector is hereby empowered to require, shall be liable for each offence to a fine not exceeding $200.[389