Singapore legislation

Clause 29

of Maritime and Port Authority of Singapore Bill

Clause 29

Power to distrain for non-payment of dues, rates, etc.

(1)

If the master or owner of any vessel in respect of which any rates, charges, dues, fees, damages or penalties or other sums are payable under this Act or the regulations refuses or neglects to pay the same or any part thereof on demand, the Authority may, in addition to any other remedy which it may be entitled to use, distrain or arrest of its own authority the vessel and the bunkers, tackle, apparel or furniture belonging thereto or any part thereof, and detain the same until the amount so due is paid.

(2)

If any part of such rates, charges, dues, fees, damages or penalties or other sums, or of the costs of the distraint or arrest, or of the keeping of the vessel, bunkers, tackle, apparel or furniture belonging thereto remains unpaid for 14 days, the Authority may cause the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested to be sold or disposed of in such manner as it thinks fit and may recover, as a debt in any court of competent jurisdiction from the master or owner of the vessel, the expenses of such distraint, arrest, sale or disposal or attempted sale or disposal of the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested.

(3)

The proceeds of sale of the vessel and bunkers, tackle, apparel or furniture so distrained or arrested may be used by the Authority to satisfy those rates, charges, dues, fees, damages or penalties or other sums and costs, including costs of sale remaining unpaid, rendering the surplus, if any, to the master or owner of the vessel on demand and, in case no such demand is made within one year from the date of the disposal of the vessel and bunkers, tackle, apparel or furniture, by paying the surplus to the account of the Authority, whereupon all rights to the same by such person shall be extinguished.

(4)

If the Authority gives to the Port Master a notice stating that an amount therein specified is due in respect of rates, charges, dues, fees, damages or penalties or other sums payable under this Act or the regulations against the vessel or the owner, agent or master of the vessel, the Port Master shall not grant port clearance until the amount so chargeable has been paid or security has been given to the satisfaction of the Authority for the amount thereof.