Singapore legislation

Clause 4

of Merchant Shipping (Amendment) Bill

Clause 4

Repeal and re-enactment of Part III

Part III of the Ordinance is hereby repealed and the following substituted therefor: —“PART IIICONSTRUCTION, EQUIPMENT AND SURVEYProhibition on proceeding to sea without certificates155.—

(1)

No passenger ship shall proceed on a voyage to or from any port or place in Singapore unless there is in force in respect of the ship either —

(a)

a passenger ship safety certificate; or

(b)

a qualified passenger ship safety certificate and an exemption certificate,being certificates which by the terms thereof are applicable to the voyages on which the ship is about to proceed and to the trade in which she is for the time being engaged.(2) No cargo ship of five hundred tons gross or more shall proceed on a voyage to or from any place in Singapore unless there is in force in respect of the ship —

(a)

a cargo ship safety construction certificate, a cargo ship safety equipment certificate and a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate; or

(b)

a qualified cargo ship safety equipment certificate and a qualified cargo ship safety radiotelegraphy certificate or, as the case may be, a qualified cargo ship safety radiotelephony certificate.(3) No cargo ship of less than five hundred tons shall proceed on a voyage from any place in Singapore unless there is in force in respect of the ship such certificates as may be prescribed or in the case of foreign ships such equivalent certificates acceptable to the Director.(4) If any ship proceeds, or attempts to proceed, to sea in contravention of this section —

(a)

in the case of a passenger ship, the owner or the master of the ship shall be liable on conviction to a fine not exceeding two hundred dollars for every passenger carried on board the ship; and

(b)

in the case of a cargo ship, the owner or the master of the ship shall be liable on conviction to a fine not exceeding one thousand dollars.(5) The master of every ship shall produce to the Director, at the time a clearance for the ship is demanded for an international voyage, the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea; and a clearance shall not be granted, and the ship may be detained, until the said certificate or certificates are so produced.Surveys and declaration of survey156.—

(1)

The owner, the master or the agent of a ship requiring the issue of any certificate referred to in section 155 of this Ordinance shall apply for the ship to be surveyed.(2) The surveyor conducting the survey shall, if satisfied that the ship complies with the relevant conditions laid down in the regulations made under section 166 of this Ordinance complete a declaration of survey in the form approved by the Minister.(3) The declaration of survey shall be sent forthwith by the surveyor to the Minister.Issue of certificates

157. Upon receipt of the declaration of survey the Minister shall, if satisfied that the relevant provisions of this Ordinance and the regulations made thereunder have been complied with, issue the appropriate certificate.Cancellation or suspension of certificates158.—

(1)

Any certificate issued under section 157 of this Ordinance may be cancelled or suspended by the Minister where he has reason to believe that —

(a)

any declaration of survey on which the certificate was founded has been in any particular made fraudulently or erroneously;

(b)

the certificate has otherwise been issued on false or erroneous information; or

(c)

since the making of the declaration of survey the hull, equipment or machinery has sustained any injury or is otherwise deficient.(2) In every such case the Minister may require the owner to have the ship again surveyed, and to obtain a further declaration of survey before the re-issue of the certificate or the grant of a fresh one in lieu thereof.Power of Minister to exempt and exemption certificates159.—

(1)

The Minister may exempt any ship or class of ships from any requirements of any regulations made under this Part either absolutely or subject to such conditions as he thinks fit.(2) Without prejudice to the generality of subsection (1) of this section, where a ship not normally engaged on international voyages is required to undertake a single international voyage, the Minister may, if he is of the opinion that the ship satisfies the safety requirements that are adequate for that voyage, exempt the ship from any of the safety requirements imposed by this Ordinance or the regulations made thereunder.(3) The owner, the agent or the master of a Singapore ship which is exempt from any of the safety requirements imposed by this Ordinance or the regulations made thereunder or any of the provisions of the regulations made under this Part shall, on application to any person appointed in this behalf by the Minister, receive a certificate in the prescribed form to be called an “exemption certificate”.Minister may authorise organizations to survey ships and issue certificates160.—

(1)

The Minister may approve any organization for the purposes of surveying ships and issuing certificates under the provisions of this Part and any regulations made thereunder.(2) Every certificate issued by any organization approved by the Minister under subsection (1) of this section shall have effect for the purposes of this Ordinance as if it had been issued by the Minister.Recognition of certificates issued outside Singapore

161. A valid Safety Convention certificate issued in respect of a ship other than a Singapore ship by the Government of the country to which the ship belongs shall, subject to such regulations as the Minister may make in this behalf, have the same effect in Singapore as the corresponding certificate issued in respect of a Singapore ship under this Part.Issue of certificates to foreign ships in Singapore and to Singapore ships in foreign countries162.—

(1)

The Minister may, at the request of the Government of a country to which the Safety Convention applies, cause an appropriate Safety Convention certificate to be issued in respect of a ship registered in that country, if he is satisfied that such certificate can properly be issued, and where the certificate is issued at such request, it shall contain a statement that it has been so issued.(2) The Minister may request the Government of a country to which the Safety Convention applies to issue an appropriate Safety Convention certificate in respect of a Singapore ship and a certificate issued in pursuance of such a request on containing a statement that it has been so issued shall have effect for the purposes of this Ordinance as if it had been issued by the Minister.Delivery of certificates163.—

(1)

The Minister may require a certificate which has expired or been cancelled to be delivered up as he directs.(2) Any owner or master who fails without reasonable cause to comply with such requirement shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars.Penalty for forgery of certificate or declaration

164. Any person who —

(a)

knowingly and wilfully makes or assists in making or procures to be made, a false or fraudulent declaration of survey or certificate; or

(b)

forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering or procures to be fraudulently altered, any such declaration or certificate or anything contained in, or any signature to, any such declaration or certificate,shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years.Penalty for alteration in ship after certificate obtained

165. Any master who, after having obtained a certificate, knowingly or negligently, does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship or other matters to which the certificate relates, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years.Regulations166.—

(1)

The Minister may make such regulations as seem to him necessary or expedient for the purpose of carrying out the provisions of this Part.(2) Without prejudice to the generality of subsection (1) of this section, the Minister may by such regulations provide for —

(a)

the survey of ships and the issue of certificates;

(b)

the types and forms of certificates;

(c)

the construction and equipment of ships including the provision of life-saving appliances and radiotelegraphy and radiotelephony;

(d)

the safety of navigation;

(e)

the carriage of grain; and

(f)

the carriage of dangerous goods.(3) Such regulations shall in the case of ships and voyages to which the Safety Convention applies include such requirements as appear to the Minister to implement the provisions of the Safety Convention.(4) Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of any regulations made under this section shall be an offence and in respect of any such offence the offender shall be liable on conviction to a fine not exceeding one thousand dollars.”.