Singapore legislation
Clause 3
Clause 3
Repeal and re-enactment of sections 9 to 30
Sections 9 to 30 of the principal Act are repealed and the following sections substituted therefor:“Application of Part II9. This Part shall not apply to —
any fishing vessel exclusively employed in the fishing industry;
any pleasure craft;
any harbour craft, that is to say, any vessel used for any purpose within the port; and
any native sailing ship.Manning and certification10.—
The Minister may make regulations —
requiring ships to which this section applies to carry such number of qualified officers of any description, qualified doctors and such number of other seamen or qualified seamen of any description as may be specified in the regulations;
prescribing standards of competence to be attained and other conditions to be satisfied (subject to any exemptions allowed by or under the regulations) by officers and other seamen of any description in order to be qualified for the purposes of this section; and
providing that existing certificates shall, except in such cases as are specified in the regulations, be deemed for the purposes of this section to be issued in pursuance of this section and to confer on the persons to whom they are issued such qualifications as may be specified in the regulations.(2) In subsection (1) “existing certificate” means a certificate granted in pursuance of section 24 before the commencement of the Merchant Shipping (Amendment) Act 1984.(3) Regulations made under this section may make different provision for different descriptions of ships or for ships of the same description in different circumstances.(4) Without prejudice to the generality of subsection (1)(b), the conditions prescribed or specified under that subsection may include conditions as to nationality and regulations made for the purposes of that subsection may make provision for —
the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced;
the conduct of any examinations, the conditions for admission to them and the appointment and remuneration of examiners; and
the issue, form and recording of certificates and other documents,and different provision may be so made for different circumstances.(5) If a person makes a statement which he knows to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or another person a certificate or other document which may be issued under this section, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(6) A certificate issued or deemed to be issued under this section shall be admissible in evidence.Exemption
11. The Minister may, subject to such conditions as he may impose, exempt any ship or description of ships from any requirements of regulations made under section 10.Prohibition of going to sea undermanned12.—
Subject to section 11, if a ship to which this section applies goes to sea or attempts to go to sea without carrying such officers, doctors and other seamen as it is required to carry under section 10, the owner or master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and the ship, if in Singapore, may be detained.(2) References in this section to going to sea include, in the case of Singapore ships, references to going to sea from any country outside Singapore.Unqualified persons going to sea as qualified officers13.—
If a person goes to sea as a qualified doctor, officer or seaman of any description without being such a qualified doctor, officer or seaman, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(2) In this section “qualified” means qualified for the purposes of section 10.Production of certificates and other documents of qualification
14. Any person serving or engaged to serve in any ship to which this section applies and holding any certificate or other document which is evidence that he is qualified for the purposes of section 10 shall on demand produce it to the Director, Port Master, a surveyor of ships or a consular officer and (if he is not himself the master) to the master of the ship; and if he fails to do so without reasonable cause he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.Application of sections 10, 12 and 1415. Subject to section 9, sections 10, 12 and 14 shall apply to every Singapore ship and also to any ship which enters or leaves any port or place in Singapore.Recognition of certificates granted by foreign authorities
16. Every officer on board a ship registered elsewhere, who has received a certificate of competency granted or recognised by the competent authority of the country in which the ship is registered which the Minister is satisfied is of equivalent standard to any certificate of competency issued in pursuance of section 10, shall be deemed to be qualified for the purposes of that section in respect of the ship, provided that the certificate is valid and is of a grade appropriate to his station in the ship or of a higher grade.”.