Singapore legislation

Clause 23

of Merchant Shipping (Wreck Removal) Bill

Clause 23

Power to board and search ship

(1)

An authorised officer who has reason to believe that an offence has been committed under this Act may —

(a)

board any ship;

(b)

enter and search any place;

(c)

inspect and examine any ship or place;

(d)

summon any person who appears to be acquainted with the circumstances of the case before the authorised officer and examine that person orally;

(e)

require any person who appears to be acquainted with the circumstances of the case to furnish any information or produce any record or document (or copy of any record or document) in the possession or under the custody or control of that person;

(f)

seize any book, paper, document, record, electronic material or other thing found in the ship or place which may furnish evidence of the commission of an offence under this Act; and

(g)

make copies of, or take extracts from or samples of, such book, paper, document, record, electronic material or other thing furnished, produced or seized, as the case may be, under this subsection.

(2)

If a person summoned by an authorised officer under subsection (1)(d) fails to attend as summoned, the authorised officer may report such failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the summons.

(3)

A person examined under subsection (1)(d) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.

(4)

A statement made by a person examined under subsection (1)(d) must —

(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted for the person in a language that he or she understands; and

(d)

after correction (if necessary), be signed by the person.

(5)

Any person who —

(a)

assaults, hinders, impedes or obstructs the authorised officer in the performance of the authorised officer’s duties under this section;

(b)

wilfully misstates, or without lawful excuse refuses to give, any information when examined by an authorised officer under subsection (1)(d); or

(c)

without lawful excuse, refuses to furnish any information or produce any record or document (or a copy of any record or document) required of the person by an authorised officer under subsection (1)(e),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

In this section, “authorised officer” means the Director or an officer of the Authority who is authorised by the Director to exercise any of the powers mentioned in subsection (1).