Singapore legislation

Section 12

of Maritime Offences Act 2003

Section 12

Master’s power of delivery

(1)

This section has effect for the purposes of any proceedings before any court in Singapore.

(2)

If the master of a ship, wherever that ship may be, and whatever the state in which it is registered, has reasonable grounds to believe that any person on board the ship has committed any relevant maritime offence in relation to any ship other than a warship or other ship used as a naval auxiliary or in customs or law enforcement service, he or she may deliver that person to an appropriate officer in Singapore.

(3)

The master of a ship registered in Singapore may, in the circumstances mentioned in subsection (2), also deliver the person concerned to an appropriate officer of any other Convention country.

(4)

Where the master of a ship intends to deliver any person under subsection (2) or (3), he or she must give notification in the prescribed form to an appropriate officer in that country —

(a)

of his or her intention to deliver that person to an appropriate officer in that country; and

(b)

of his or her reasons for intending to do so.

(5)

Any notification under subsection (4) must be given —

(a)

before the ship in question enters the territorial waters of that country; or

(b)

if in the circumstances it is not reasonably practicable to comply with paragraph (a), as soon as reasonably practicable after the ship has entered the territorial waters of that country.

(6)

Where the master of a ship delivers any person to an appropriate officer in Singapore under subsection (2) or any other Convention country under subsection (3), he or she must —

(a)

make to an appropriate officer in that country such oral or written statements relating to the alleged offence as that officer may reasonably require; and

(b)

deliver to an appropriate officer in that country such other evidence relating to the alleged offence as is in the master’s possession.

(7)

The master of a ship who, without reasonable excuse, contravenes subsection (4) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(8)

It is a defence for the master of a ship charged with an offence under subsection (7) for a contravention of subsection (4) to show that —

(a)

he or she believed on reasonable grounds that the giving of a notification would endanger the safety of the ship; and

(b)

except where the country concerned is Singapore —

(i)

he or she had notified some other competent authority in the country concerned within the time required by subsection (5); or

(ii)

he or she had believed on reasonable grounds that the giving of a notification to any competent authority in that country would endanger the safety of the ship.

(9)

In this section —

Definition

“appropriate officer” means —

(a)

in relation to Singapore —

(i)

for the purpose of subsection (2) or (6), such public officer as the Minister may by order prescribe; or

(ii)

for the purpose of receiving a notification mentioned in subsection (4), the Port Master within the meaning of the Maritime and Port Authority of Singapore Act 1996; or

(b)

in relation to any other Convention country, an officer designated by that country to carry out the relevant duty of an appropriate officer under this section;

Definition

“master” has the meaning given by the Merchant Shipping Act 1995.[8

Read in full context — Maritime Offences Act 2003 →