Singapore legislation
Clause 58
Clause 58
Power to sell goods remaining in custody
(1)
Subject to the provisions of this section and without prejudice to the provisions of section 57 of this Ordinance, if any goods which have been placed in or on the premises of the Authority are not removed therefrom within a period of twenty-one days from the time when the goods were placed in or on such premises, the Authority may, at the expiration of the said period of twenty-one days, sell by public auction all or any of such goods:Provided that —
in the case of goods for which a through bill of lading has been issued there shall be substituted a period of forty-two days for the period of twenty-one days referred to in this subsection; and
if the goods are of a perishable nature the Authority may direct their removal within such shorter period, not being less than twenty-four hours after the landing thereof as the Authority may think fit, and if not so removed, the Authority may sell, by public auction or otherwise, or dispose of such goods in such manner as it may think fit.
(2)
For the purposes of subsection (1) of this section, a sale shall not be rendered invalid by reason only that it takes place in or on premises or in an area to which the public is not admitted except on presentation of a pass.
(3)
Before making such sale, the Authority shall give three days’ notice thereof by advertisement in two local newspapers circulating in Singapore, unless the goods are of so perishable a nature as, in the opinion of the Authority, to render their immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case requires.
(4)
If the address of the owner of the goods or of his agent has been stated on the manifest of the cargo, or in any of the documents which have come into the hands of the Authority, or is otherwise known, and such address is in Singapore, notice shall also be given to the owner of the goods by letter delivered at such address or sent by post and notice shall in like manner be given to the agent of the discharging vessel; but the title of a bona fide purchaser shall not be invalidated by reason of the omission to send the said notice, nor shall any such purchaser be bound to inquire whether such notice has been sent.
(5)
The proceeds of sale shall be applied by the Authority as follows and in the following order: —
firstly, in payment of any duty payable to the Government;
secondly, in payment of the expenses of the sale;
thirdly, in payment of the rates, charges and expenses due to the Authority in respect of the goods; and
fourthly, in payment of freight and other claims or liens of which notice under the Merchant Shipping Ordinance (Cap. 207) has been given,and by rendering the surplus, if any, to the person entitled thereto on demand, and, in case no such demand is made within one year from the date of the sale of the goods, by paying the surplus to the account of the Authority, whereupon all rights to the same by such person shall be extinguished.