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In forceAmended2020 Revised Edition

Act of Parliament

Maritime Offences Act 2003

Feedback & supportGiving effect to conventions on unlawful acts against maritime safety

Official textFrom Singapore Statutes Online, unchanged

s 1Short title

This Act is the Maritime Offences Act 2003.

s 2Interpretation

In this Act, unless the context otherwise requires —“act of violence” means —

(a)

any act done in Singapore which constitutes the offence of murder, attempted murder, culpable homicide not amounting to murder, voluntarily causing grievous hurt, voluntarily causing hurt by dangerous weapons or means, or which constitutes an offence under —

(i)

section 4 of the Arms Offences Act 1973;

(ii)

section 3 or 4 of the Corrosive and Explosive Substances and Offensive Weapons Act 1958; or

(iii)

[Deleted by Act 3 of 2021 wef 01/07/2025]

(iv)

section 3 of the Kidnapping Act 1961; or

(b)

any act done outside Singapore which, if done in Singapore, would constitute an offence mentioned in paragraph (a);“Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done in Rome on 10 March 1988;“Convention country” means a country in respect of which the Convention is in force;“country” includes any territory;“fixed platform” means any artificial island, installation or structure permanently attached to the seabed for the purpose of exploration or exploitation of resources or for any other economic purpose;“naval service” includes military and air force services;“Protocol” means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done in Rome on 10 March 1988;“Protocol country” means a Convention country in respect of which the Protocol is in force;“relevant fixed platform offence” means —

(a)

an offence under section 8, 9 or 10;

(b)

conspiracy to commit any of those offences;

(c)

inciting another to commit any of those offences;

(d)

attempting to commit any of those offences; or

(e)

aiding, abetting, counselling or procuring the commission of any of those offences;“relevant maritime offence” means —

(a)

an offence under section 3, 4, 5 or 6;

(b)

conspiracy to commit any of those offences;

(c)

inciting another to commit any of those offences;

(d)

attempting to commit any of those offences; or

(e)

aiding, abetting, counselling or procuring the commission of any of those offences;“ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which —

(a)

permanently rests on, or is permanently attached to, the seabed; or

(b)

has been withdrawn from navigation or laid up;“unlawfully” means, in relation to the commission of an act —

(a)

in Singapore — so as to constitute an offence under any written law (apart from this Act) in force in Singapore; and

(b)

outside Singapore — so that the commission of the act, if it had been committed in Singapore, would have been an offence under any written law (apart from this Act) in force in Singapore if it had been committed in Singapore.

“act of violence” means —

(a)

any act done in Singapore which constitutes the offence of murder, attempted murder, culpable homicide not amounting to murder, voluntarily causing grievous hurt, voluntarily causing hurt by dangerous weapons or means, or which constitutes an offence under —

(i)

section 4 of the Arms Offences Act 1973;

(ii)

section 3 or 4 of the Corrosive and Explosive Substances and Offensive Weapons Act 1958; or

(iii)

[Deleted by Act 3 of 2021 wef 01/07/2025]

(iv)

section 3 of the Kidnapping Act 1961; or

(b)

any act done outside Singapore which, if done in Singapore, would constitute an offence mentioned in paragraph (a);

“Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done in Rome on 10 March 1988;

“Convention country” means a country in respect of which the Convention is in force;

“country” includes any territory;

“fixed platform” means any artificial island, installation or structure permanently attached to the seabed for the purpose of exploration or exploitation of resources or for any other economic purpose;

“naval service” includes military and air force services;

“Protocol” means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done in Rome on 10 March 1988;

“Protocol country” means a Convention country in respect of which the Protocol is in force;

“relevant fixed platform offence” means —

(a)

an offence under section 8, 9 or 10;

(b)

conspiracy to commit any of those offences;

(c)

inciting another to commit any of those offences;

(d)

attempting to commit any of those offences; or

(e)

aiding, abetting, counselling or procuring the commission of any of those offences;

“relevant maritime offence” means —

(a)

an offence under section 3, 4, 5 or 6;

(b)

conspiracy to commit any of those offences;

(c)

inciting another to commit any of those offences;

(d)

attempting to commit any of those offences; or

(e)

aiding, abetting, counselling or procuring the commission of any of those offences;

“ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which —

(a)

permanently rests on, or is permanently attached to, the seabed; or

(b)

has been withdrawn from navigation or laid up;

“unlawfully” means, in relation to the commission of an act —

(a)

in Singapore — so as to constitute an offence under any written law (apart from this Act) in force in Singapore; and

(b)

outside Singapore — so that the commission of the act, if it had been committed in Singapore, would have been an offence under any written law (apart from this Act) in force in Singapore if it had been committed in Singapore.

(1)

Subject to subsection (2), any person who unlawfully, by the use of force or by threats of any kind, seizes a ship or exercises control of a ship shall be guilty of an offence, whatever his or her nationality or citizenship, whatever the state in which the ship is registered and whether the ship is in Singapore or elsewhere.

(2)

Subsection (1) does not apply to any act committed in relation to a warship, or any other ship used as a naval auxiliary or in customs or law enforcement service, unless —

(a)

the person seizing or exercising control of the ship is a citizen of Singapore;

(b)

the act is committed in Singapore; or

(c)

the ship is used in the naval, customs or law enforcement service of Singapore.

(1)

Subject to subsection (5), any person who unlawfully and intentionally —

(a)

destroys a ship;

(b)

damages a ship or its cargo so as to endanger, or to be likely to endanger, the safe navigation of the ship; or

(c)

commits on board a ship an act of violence which is likely to endanger the safe navigation of the ship,shall be guilty of an offence.

(2)

Subject to subsection (5), any person who unlawfully and intentionally places, or causes to be placed, on a ship any device or substance which is likely to destroy the ship or is likely to so damage it or its cargo as to endanger its safe navigation shall be guilty of an offence.

(3)

Nothing in subsection (2) is to be construed as limiting the circumstances in which the commission of any act may —

(a)

constitute an offence under subsection (1); or

(b)

constitute attempting or conspiring to commit or aiding, abetting, counselling, procuring or inciting the commission of the offence.

(4)

Except as provided in subsection (5), subsections (1) and (2) apply whether any act mentioned in those subsections is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act and whatever the state in which the ship is registered.

(5)

Subsections (1) and (2) do not apply to any act committed in relation to a warship, or any other ship used as a naval auxiliary or in customs or law enforcement service, unless —

(a)

the person committing the act is a citizen of Singapore;

(b)

the act is committed in Singapore; or

(c)

the ship is used in the naval, customs or law enforcement service of Singapore.

(1)

Subject to subsection (6), any person who unlawfully and intentionally —

(a)

destroys or damages any property to which this section applies; or

(b)

seriously interferes with the operation of that property,where the destruction, damage or interference is likely to endanger the safe navigation of a ship, shall be guilty of an offence.

(2)

Subsection (1) applies to any property used for the provision of maritime navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether the property is on board a ship or elsewhere.

(3)

Subject to subsection (6), any person who intentionally communicates any information which is false in a material particular, where the communication of the information endangers the safe navigation of a ship, shall be guilty of an offence.

(4)

It is a defence for a person charged with an offence under subsection (3) to prove that —

(a)

he or she believed, and had reasonable grounds for believing, that the information was true; or

(b)

when he or she communicated the information, he or she was lawfully employed to perform duties which consisted of or included the communication of information and that he or she communicated the information in good faith in the performance of those duties.

(5)

Except as provided in subsection (6), subsections (1) and (3) apply whether any act mentioned in those subsections is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act and whatever the state in which the ship is registered.

(6)

Subsections (1) and (3) do not apply to any act committed in relation to a warship, or any other ship used as a naval auxiliary or in customs or law enforcement service, unless —

(a)

the person committing the act is a citizen of Singapore;

(b)

the act is committed in Singapore; or

(c)

the ship is used in the naval, customs or law enforcement service of Singapore.

(1)

A person shall be guilty of an offence if —

(a)

in order to compel any other person to do or abstain from doing any act, the person threatens that he or she or some other person will do in relation to any ship an act which is an offence under section 4(1); and

(b)

the making of that threat is likely to endanger the safe navigation of the ship.

(2)

Subject to subsection (4), a person shall be guilty of an offence if —

(a)

in order to compel any other person to do or abstain from doing any act, the person threatens that he or she or some other person will do an act which is an offence under section 5(1); and

(b)

the making of that threat is likely to endanger the safe navigation of any ship.

(3)

Except as provided in subsection (4), subsections (1) and (2) apply whether any act mentioned in those subsections is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act and whatever the state in which the ship is registered.

(4)

Section 4(5) applies for the purposes of subsection (1) as it applies for the purposes of section 4(1); and section 5(6) applies for the purposes of subsection (2) as it applies for the purposes of section 5(1).

(1)

Any act of violence done by any person in connection with an offence under section 3, 4 or 5 committed or attempted to be committed by him or her is deemed to have been committed in Singapore and constitutes an offence punishable under the law in force in Singapore applicable to it, wherever the act of violence was committed, whatever the state in which the ship concerned is registered (if any), and whatever the nationality or citizenship of the person committing or attempting to commit the act.

(2)

Subsection (1) is without prejudice to section 180 of the Merchant Shipping Act 1995.

(3)

Any person in Singapore who abets the commission elsewhere of any act which would —

(a)

but for section 3(2), be an offence under that section;

(b)

but for section 4(5), be an offence under that section;

(c)

but for section 5(6), be an offence under that section; or

(d)

but for section 6(4), be an offence under that section,shall be guilty of an offence.

(4)

Any person (whether in Singapore or elsewhere) who abets the commission (whether in Singapore or elsewhere) of any act which is an offence under section 3, 4, 5 or 6 shall be guilty of an offence.

(5)

Any person (whether in Singapore or elsewhere) who attempts to commit an offence under section 3, 4, 5 or 6, and in such attempt does any act towards the commission of the offence, shall be guilty of an offence and shall be punished with imprisonment for a term not exceeding 15 years.

(1)

Subject to subsection (2), any person who unlawfully, by the use of force or by threats of any kind, seizes a fixed platform or exercises control of a fixed platform, shall be guilty of an offence, whatever the nationality or citizenship of that person, and whether the fixed platform is in Singapore or elsewhere.

(2)

Subsection (1) does not apply to any act committed in relation to a fixed platform used as a naval auxiliary or in customs or law enforcement service, unless —

(a)

the person seizing or exercising control of the fixed platform is a citizen of Singapore;

(b)

the act is committed in Singapore; or

(c)

the fixed platform is used in the naval, customs or law enforcement service of Singapore.[7A

(1)

Subject to subsection (5), any person who unlawfully and intentionally does any of the following shall be guilty of an offence:

(a)

destroys a fixed platform;

(b)

damages a fixed platform so as to endanger, or to be likely to endanger, the safety of the fixed platform;

(c)

commits on board a fixed platform an act of violence which is likely to endanger the safety of the fixed platform.

(2)

Subject to subsection (5), any person who unlawfully and intentionally places, or causes to be placed, on a fixed platform any device or substance which is likely to destroy the fixed platform or is likely so to damage the fixed platform as to endanger the safety of the fixed platform shall be guilty of an offence.

(3)

Nothing in subsection (2) is to be construed as limiting the circumstances in which the commission of any act may —

(a)

constitute an offence under subsection (1); or

(b)

constitute attempting or conspiring to commit or aiding, abetting, counselling, procuring or inciting the commission of the offence.

(4)

Except as provided in subsection (5), subsections (1) and (2) apply whether any act mentioned in those subsections is committed in Singapore or elsewhere, and whatever the nationality or citizenship of the person committing the act.

(5)

Subsections (1) and (2) do not apply to any act committed in relation to a fixed platform used as a naval auxiliary or in customs or law enforcement service, unless —

(a)

the person committing the act is a citizen of Singapore;

(b)

the act is committed in Singapore; or

(c)

the fixed platform is used in the naval, customs or law enforcement service of Singapore.[7B

(1)

A person (A) shall be guilty of an offence if —

(a)

in order to compel any other person to do or abstain from doing any act, A threatens that A or some other person will do in relation to any fixed platform an act which is an offence under section 9(1); and

(b)

the making of that threat is likely to endanger the safety of the fixed platform.

(2)

Except as provided in subsection (3), subsection (1) applies whether any act mentioned in subsection (1) is committed in Singapore or elsewhere, and whatever the nationality or citizenship of the person committing the act.

(3)

Section 9(5) applies for the purposes of subsection (1) as it applies for the purposes of section 9(1).[7C

(1)

Any act of violence done by any person in connection with an offence under section 8 or 9 committed or attempted to be committed by that person is deemed to have been committed in Singapore and constitutes an offence punishable under the law in force in Singapore applicable to it, wherever the act of violence was committed, and whatever the nationality or citizenship of the person committing or attempting to commit the act.

(2)

A person in Singapore shall be guilty of an offence if the person abets the commission elsewhere of any act which would —

(a)

but for section 8(2), be an offence under section 8;

(b)

but for section 9(5), be an offence under section 9; or

(c)

but for section 10(3), be an offence under section 10.

(3)

Any person (whether in Singapore or elsewhere) who abets the commission (whether in Singapore or elsewhere) of any act which is an offence under section 8, 9 or 10 shall be guilty of an offence.

(4)

Any person (whether in Singapore or elsewhere) who attempts to commit an offence under section 8, 9 or 10, and in such attempt does any act towards the commission of the offence, shall be guilty of an offence and shall be punished with imprisonment for a term not exceeding 15 years.[7D