Merchant Shipping Act 1995 · 2020 Revised Edition · Part 4 · Crew Matters
88. Disposal of property of deceased crew members
Feedback & supportLast amended by an amending law of 2021. 4 amendments in all.
Where, on the death of a crew member, any property comes into the hands of the Director by virtue of section 87, the Director may satisfy out of them any expenses incurred by the Director in respect of the crew member or the crew member’s property.
If the value of the residue of the property does not exceed $5,000, the Director may at any time pay or deliver it to any of the persons mentioned in subsection (3) or distribute it among them, unless a grant of representation has then been made and the Director knows of it; and the Director is thereby discharged from any further liability in respect of the residue.
Director
“Director” means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
The persons referred to in subsection (2) are —
any person appearing to the Director to be a person named as the crew member’s next of kin in the crew agreement or seafarer’s employment agreement (as the case may be) in which the crew member’s name last appeared;
any person appearing to the Director to be the crew member’s widow or the crew member’s child;
any person appearing to the Director to be beneficially entitled, under a will or on intestacy, to the crew member’s estate or any part thereof; or
any person appearing to the Director to be a creditor of the crew member.
Where no claim to the property received by the Director is substantiated within one year after the receipt of the property by the Director, the Director must pay the property, the proceeds thereof, or the residue thereof, into the Consolidated Fund.
If any subsequent claim is made to such property, or the residue thereof, and is established to the satisfaction of the Director, the amount, or so much as appears to be due to the claimant, must be paid out of the Consolidated Fund.
If any claim is not established to the satisfaction of the Director, the claimant may apply by originating application to the General Division of the High Court, and the General Division of the High Court, after taking evidence orally or on affidavit, may make any order on the application that it thinks just.
court
“court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;
After the end of 6 years from the receipt of such property or proceeds thereof by the Director, no such claim may be made without the sanction of the Minister.
If it appears to the Director that any of the persons to whom any property may be paid or delivered under this section is resident in a country outside Singapore, the Director may pay or deliver the property to him or her by paying or delivering the property to a consular officer of that country for transmission to him or her.
consular officer
“consular officer” includes —(a)a consul, ambassador, high commissioner, commissioner or other head of a diplomatic mission;(b)a Minister;(c)a charge d’affairs; and(d)a counsellor, secretary or attache of an embassy or other mission;
If the property exceeds $5,000 in value, the Director shall pay and deliver the residue to the legal personal representative of the deceased.
In this section, “child” includes an adopted child.