Singapore legislation

Section 110

of Merchant Shipping Act 1995

Section 110

Owner and master liable in respect of unsafe ship

(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 is 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.

Read in full context — Merchant Shipping Act 1995 →