Singapore legislation
Clause 26
Clause 26
New Parts V and VI
The principal Act is hereby amended by inserting immediately after section 47 thereof the following new Parts: —“PART VLIABILITY OF THE CORPORATION AT JURONG PORTInterpretation
48. In this Part, unless the context otherwise requires —“goods” includes animals, carcases, baggage and any other movable property of any kind whatsoever;“Jurong Port” means any place in the district of Jurong in Singapore which is owned by the Corporation and where facilities are provided by the Corporation for ships to load or unload;“owner”, —
when used in relation to goods, includes any consignor, consignee, shipper or agent of the owner for the sale, custody, loading, handling, discharge or delivery of such goods; and
when used in relation to any vessel, includes any partowner, charterer, operator, consignee or mortgagee in possession thereof or any duly authorised agent of any such person;“transhipment goods” means goods landed from a vessel and placed in the custody of the Corporation for the purpose of shipment on another vessel on a through bill of lading dated at the port of loading of such goods and showing that the destination is via Singapore, with the ultimate port of destination marked on each package or unit containing such goods and declared on a transhipment manifest lodged with the Corporation prior to or at the time such goods are place in its custody;“vessel” includes any ship or boat or aircushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel.Application of this Part
49. The provisions of this Part shall only apply to the Jurong Port and to any place or premises controlled or used by the Corporation for the purpose of providing and maintaining adequate and efficient port services and facilities in the Jurong Port.Loss or destruction of or damage to goods other than transhipment goods and goods accepted for storage
50. Neither the Corporation nor any person acting for or on behalf of the Corporation shall be liable —
for any loss caused to any person by reason of misdelivery, short delivery or non-delivery of any goods deposited with or placed in the custody or control of the Corporation, other than transhipment goods and goods accepted for storage by the Corporation under section 56 of this Act; or
for damage to or destruction of such goods as have been duly acknowledged by the Corporation to be in its custody in the sum of more than two thousand dollars per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Corporation, been declared in writing to the Corporation by the person delivering or causing the same to be delivered, and the Corporation shall not in any event be liable therefor where the value of any such goods has been mis-stated.Liability for loss under contract
51. Notwithstanding the provisions of section 50 of this Act, the Corporation shall, on application made to it by the owner of any vessel, enter into a contract with such owner whereby the Corporation shall accept liability for any loss caused by reason of short delivery by the Corporation of any goods deposited with or placed in the custody or control of the Corporation or any failure by the Corporation to deliver or account for them, and for the purposes of this section the Corpration may prescribe the terms and conditions of such contract and may, with the approval of the Minister, from time to time prescribe the rates to be levied:Provided that the Corporation may in its discretion refuse to enter into such contract unless such contract is in respect of all of the goods to be loaded into or discharged from a vessel, as the case may be.Loss or destruction of, or damage to, transhipment goods deposited with the Corporation
52. In respect of any transhipment goods delivered by any person to, or placed by any person in the custody of, the Corporation, the Corporation shall, from the time of acknowledgment of the receipt of such goods and until delivery of such goods alongside the on-carrying vessel for loading, be liable, subject to the provisions of section 53 of this Act, for the loss or destruction of, or damage to, such goods:Provided that the Corporation shall not be liable for any such loss, destruction or damage in a sum of more than two thousand dollars per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Corporation, been declared in writing to the Corporation by the person delivering or causing them to be delivered, and the Corporation shall not in any event be liable therefor where the value of any such goods has been mis-stated.Force majeure, etc.
53. The provisions of sections 50 and 52 of this Act shall not impose on the Corporation or any person duly authorised by it any liability for the loss or destruction of, or damage to, any goods arising from —
fire or flood, unless caused by the actual fault or privity of the Corporation; or
an act of God; or
an act of war or of public enemies; or
seizure under any legal process; or
quarantine restrictions; or
any act, omission or default of the owner or carrier of such goods; or
strikes, lock-outs or stoppages or restraints of labour from whatever cause, whether partial or general; or
riots and civil commotions; or
saving or attempting to save life or property; or
insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or packages; or
any inherent liability to wastage in bulk or weight, latent or inherent defect or natural deterioration; or
any deficiency in the contents of unbroken packages; or
the dangerous nature of such goods.Cargo subject to general or particular average54.—
The owner or master of any vessel discharging or intending to discharge any cargo which is the subject or likely to be the subject of a declaration of general or particular average into the premises of the Corporation shall inform the Corporation of the existence or likelihood of such declaration and of the particulars of the cargo affected or likely to be affected thereby prior to the commencement of such discharge.(2) The Corporation shall be exempt from all liability in respect of the discharge, reception, storage or removal of any cargo referred to in subsection (1) of this section.Corporation not responsible for acts of stevedore or workman
55. Any stevedore or workman whilst engaged in performing work in or in respect of any vessel shall, notwithstanding that his wage or remuneration for performing the said work is paid by the Corporation, be deemed to be the servant of the owner and master of such vessel and the Corporation shall be exempt from all liability for any loss or damage caused by any act, omission or default of such stevedore or workman.Saving56.—
Nothing in this Part shall preclude the Corporation from accepting goods for storage as well as liability for any loss, destruction or damage thereto.(2) Nothing in this Part shall affect any liability that may be imposed on the Corporation by any written law relating to compensation to workmen.PART VIMISCELLANEOUSSanction for prosecution
57. No court shall take cognizance of any offence under this Act or any rules or regulations made thereunder except with the sanction of the Public Prosecutor.Conduct of prosecution
58. Proceedings in respect of any offence under this Act or any rules or regulations made thereunder may be conducted by any officer of the Corporation or any other person authorised in writing in that behalf by the Chairman.Service of notices
59. Unless otherwise expressly provided, every notice, order or document required or authorised by this Act or any rules or regulations made thereunder to be served on the owner of a flat, house or building sold under the provisions of this Act shall be deemed to be sufficiently served —
if the same is delivered to such person or is delivered at the flat, house or building to some adult member or servant of his family; or
if it is sent to the person by registered post at his flat, house or building.”.