Mr Deputy Speaker, Sir, I rise to speak in support of this Bill. Undoubtedly, it is an important piece of legislation which, when passed, will enable Singapore to give effect to the International Convention on Civil Liability for Oil Pollution Damage done in Brussels on 29th November 1969 and the Protocol thereto done in London on 19th November 1976. But before I deal with the various clauses of the Bill, I would like to make some general remarks. First of all, it is a fact that Singapore is located at a strategic point in the Straits of Malacca, and hence it lies at the crossroads of busy international sea-lanes. Singapore is the world's third largest port and a large number of ships come into our port and traverse our waters, or are harboured in our port. In a way, we can call it a port state. Also, we can call it a flag state as many ships have been registered with Singapore and are carrying our flag. But above all these, Singapore is a state whose economy also depends on maximum freedom of international navigation and communications, whether by air, sea or telecommunications, We have to bear all these important factors in mind as they affect our national interests. But, Sir, because we are a coastal state, a busy port and because of our strategic location, we are, therefore, very vulnerable to oil pollution by ships. The effects of oil pollution are too well known to all, especially the effects on fishing. And the precious little beaches that we have for recreation will also be adversely affected. In the long-term, the serious effects on ecology caused by oil pollution can upset the delicate life cycle that supports all life on earth. So it is both a national and an international problem. It is, therefore, both imperative and definitely in our interests to support measures which will provide for effective and remedial measures to combat oil pollution at sea. At the same time, we have also to look after our own national interests as dictated by our role as a major port and its vital importance to world shipping. Hence the measures to combat pollution must be proportionate to the problem. I say it must be effective but they must not be disguised to arbitrarily or unreasonably interfere with legitimate international shipping. Therefore, this Merchant Shipping (Oil Pollution) Bill, 1981, together with the Prevention of Pollution of the Sea (Amendment) Bill, 1981, take the approach of attaching liability on the basis of effects or harm or damage done within Singapore or Singapore waters. The important reason is that if only the territorial basis of jurisdiction is to be used for measuring liability, then ships will be liable only if they are physically within our territorial waters at the time of causing damage by pollution. Sir, this is clearly untenable, as the waters of the ocean know not nor respect any man-made boundaries. In other words, oil pollution occurring outside territorial seas can be brought by currents into territorial waters and beaches of one or more countries. Ships, therefore, should not be allowed to abuse the concept of freedom of the high seas by polluting the high seas. If the pollution they caused in the high seas subsequently cause damage to our state or other states, they must well know that they will be liable. This basic principle seems to be well covered in this Bill. But one major problem envisaged will be that of enforcement, investigation and establishment of facts. This is important if liability is going to be established. So can the Hon. Minister for Communications enlighten the House on whether we have adequate facilities for investigation and enforcement? Of course, in the case of a collision or disaster, the situation is well known and facts may not be disputed. However, it may be very different where vessels which are traversing our waters discharge oil indiscriminately. I say that we should have sufficient means to investigate and establish the facts. Otherwise, all these legislative provisions on liability will be rendered meaningless. Therefore, whatever efforts we take to ensure that our waters are free of pollution, as we are a coastal state, such efforts will be negated if there is no international co-operation. Similarly, because of tides and fast currents, pollution occurring in one place can be a cause of concern to countries in neighbouring places. What I have in mind is the close cooperation and coordination of the ASEAN countries in this context. May I ask the Hon. Minister how such a cooperation can be brought about? I am aware that the Third United Nations Law of the Sea Conference (UNCLOS III) has been going on for some years, and it is significant that this Conference is now presided over by Singapore's Permanent Representative to the United Nations. This draft Convention of the Law of the Sea which has emerged from the numerous sessions contains elaborate provisions for prevention, reduction and control of pollution of the marine environment. The provisions deal with enforcement by flag states, port states and coastal states. The concept of the Exclusive Economic Zone (EEZ) also complicates the issue. Hence, I do not intend to go into this in detail. But I have to mention them in order to highlight the global nature of pollution and the consequential need for international co-operation. Hence, the question to the Minister on how cooperation amongst ASEAN states can be achieved. Further to this, I would also like to ask the following questions:- 1 Under existing circumstances, how is compensation obtained? 2 What are the main causes of oil pollution in our waters? 3 Since we know that much money has been spent on the prevention and control of pollution, the House would welcome the Minister's disclosure as to how much has been spent and whether enough has been done? 4 Why is the Bill necessary and what is the intention of acceding to the CLC Convention? Sir, I now come to the various clauses of the Bill. Whilst the House is grateful to the Minister for his explanation of the provisions in the Bill, there are clarifications to be made. For example, clause 3 makes a ship owner liable for oil pollution damage in Singapore and for the cost of measures taken to prevent or minimize such damage resulting from the escape of oil from a ship while carrying oil in bulk as cargo. The question is: What about the discharge of u"d oil in this respect? The Minister mentioned just now that it pertains only to ships carrying oil in bulk as cargo. That is not the escape of oil from a ship while carrying oil in bulk as cargo, but a ship cleaning itself on a high sea. As I have said earlier, tides and fast currents can pollute our waters as such. As regards clause 4, the onus of proof lies on the owner; in other words, he will not be liable if he can show that the oil escaped as a result of an act of war, hostilities, or wilful act of a third party, or negligence of an authority responsible for navigational aids, In the case of a wilful act of a third party or negligence, the owner may try to establish that he is not liable. Therefore, I do not think that this clause is adequate enough. Clause 5 restricts the owner's liability. This is not clearly spelt out, especially clause 5(b) which states that: 'no servant or agent of the owner nor any person performing salvage or cleaning operations with the agreement of the owner shall be liable for any such damage or cost.' Well, I must add that this Bill is highly technical and though I have very limited knowledge of the technicalities of the Bill, can I have the Hon. Minister's assurance that this Bill has been carefully thought out and drafted accordingly? For example, clause 17(1) states that: 'The provisions of this Act shall not apply in relation to any warship or any ship for the time being used by the government of any State other than for commercial purposes.' Can the Hon. Minister clarify this? Also, if I may ask the Hon. Minister whether, in the enforcement of this Act, the authority, in this case the Port of Singapore Authority, has sufficient manpower as well as equipment and facilities to implement this Bill when passed, and, if necessary, to carry out the enforcement. If I can get the assurance, I will definitely give my full support to the Bill. 3.33 p.m.