Section 115

a Singapore ship; and

a ship which —

is registered under the law of any country outside Singapore; and

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.

does any act which causes or is likely to cause —

the loss or destruction of or serious damage to the person’s ship or its machinery, navigational equipment or safety equipment;

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; or

omits to do anything required —

to preserve the person’s ship or its machinery, navigational equipment or safety equipment, from loss, destruction or serious damage;

to preserve any person on board the person’s ship from death or serious injury; or

to prevent the person’s 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 the person’s ship,and either of the conditions specified in subsection (3) is satisfied with respect to that act or omission, the person 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.

that the act or omission was deliberate or amounted to a breach or neglect of duty; and

that the crew member in question was under the influence of drink or a drug at the time of the act or omission.

discharges any of the person’s duties, or performs any other function in relation to the operation of the person’s 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

fails to discharge any of the person’s 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,the person 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.

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;

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

in the case of an offence under either of those subsections —

that the defendant could have avoided committing the offence only by disobeying a lawful command; or

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 the defendant.

in relation to any crew member, means any duty falling to be discharged by him or her in his or her capacity as such; and

in relation to a master, includes the master’s duty with respect to the good management of his or her ship and his or her duty with respect to the safety of operation of his or her ship, its machinery and equipment;