Singapore legislation

Section 117

of Merchant Shipping Act 1995

Section 117

Inquiry into fitness or conduct of officers

Amended by40/2019

(1)

If it appears to the Minister that an officer —

(a)

is unfit to discharge his or her duties, whether by reason of incompetence, misconduct or physical or mental disability or for any other reason;

(b)

has been seriously negligent in the discharge of his or her duties; or

(c)

has failed to comply with section 106 (duty to give assistance and information after collision),the Minister may cause an inquiry to be held by one or more persons appointed by him or her and, if the Minister does so, may, if the Minister thinks fit, suspend, pending the outcome of the inquiry, any certificate issued or deemed to be issued to the officer under section 47 and require the officer to deliver it to the Minister.

(2)

Where a certificate issued to an officer has been suspended under subsection (1), the suspension may, on the application of the officer, be terminated by the General Division of the High Court and the decision of the General Division of the High Court on such an application is final.

Amended by40/2019

(3)

An inquiry under this section must be conducted in accordance with the regulations made under section 119(3).

(4)

The persons holding an inquiry under this section into the fitness or conduct of the officer —

(a)

may, if satisfied of any of the matters mentioned in subsection (1)(a), (b) and (c), cancel or suspend any certificate issued or deemed to be issued to the officer under section 47 or censure the officer;

(b)

may make such order with regard to the costs of the inquiry as they think just; and

(c)

must make a report on the case to the Minister,and if the certificate is cancelled or suspended, the officer (unless he or she has delivered it to the Minister pursuant to subsection (1)) must deliver it forthwith to the persons holding the inquiry or to the Director.

(5)

Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from the person by the Director.