/akn/sg/act/bill/1963/196

Merchant Shipping (Amendment) Ordinance

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Type
Bill
Status
In force
Enacted
1963
Sections
50

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About this bill

Merchant Shipping (Amendment) Ordinance is Singapore Bill, cited as Bill 196 1963, currently marked in force and first recorded in 1963.

Clause 1

Short title and commencement

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This Ordinance may be cited as the Merchant Shipping (Amendment) Ordinance, 1963, and shall come into operation on such date as the Yang di‐Pertuan Negara may by notification in the Gazette appoint.(2) The Yang di‐Pertuan Negara may appoint different days for the coming into operation of the different Parts or provisions of this Ordinance.

(1)

This Ordinance may be cited as the Merchant Shipping (Amendment) Ordinance, 1963, and shall come into operation on such date as the Yang di‐Pertuan Negara may by notification in the Gazette appoint.

Suggest a correction

(2)

The Yang di‐Pertuan Negara may appoint different days for the coming into operation of the different Parts or provisions of this Ordinance.

Suggest a correction

Clause 2

Amendment of section 3

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Section 3 of the Merchant Shipping Ordinance (hereinafter in this Ordinance referred to as the “principal Ordinance”) is hereby amended —

(a)

by inserting immediately after the definition of “deck passenger” appearing therein the following new definition: —“ “Director” means the Director of Marine appointed under section 9 of this Ordinance and includes the Deputy Director of Marine appointed under the said section;”;

(b)

by deleting the definition of “port” appearing therein and substituting therefor the following: —“ “port” shall have the same meaning as in the Port of Singapore Authority Ordinance, 1963 (Ord. of 1963);”;

(c)

by deleting the definition of “Port Officer” appearing therein; and

(d)

by deleting the definition of “Superintendent” appearing therein and substituting therefor the following: —“ “Superintendent” means the Superintendent of the Mercantile Marine Office referred to in section 43A of this Ordinance and includes any Deputy Superintendent appointed under the said section, or, if the context so requires, any Superintendent appointed under the Merchant Shipping Acts;”.

Clause 3

Repeal and re-enactment of section 9

Open as pageSuggest a correction

Section 9 of the principal Ordinance is hereby repealed and the following substituted therefor: —“Appointment of Director of Marine9.—

(1)

The Yang di‐Pertuan Negara may appoint a Director of Marine and a Deputy Director of Marine.(2) The Director may appoint so many other officers as he may think fit for the purpose of carrying out all or any of the powers conferred on the Director by or under this Ordinance.”.

Clause 4

New section 43A

Open as pageSuggest a correction

The principal Ordinance is hereby amended by inserting immediately after section 43 thereof the following new section: —“Mercantile Marine Office43A.—

(1)

The Minister may appoint a place, to be called “the Mercantile Marine Office”, and such other places as he may think fit to be called “Mercantile Marine Sub‐Offices”, at all of which places shall be conducted any business connected with the engagement and discharge in Singapore of seamen on board British ships and any foreign ships whose flag is not represented by a consular officer resident in Singapore.(2) The Director shall be the Superintendent of the Mercantile Marine Office.(3) The Superintendent may appoint such number of Deputy Superintendents as he may think fit, all of whom shall have and exercise all the powers conferred on the Superintendent by or under this Ordinance.(4) Where the Superintendent requires a seaman to produce a certificate of discharge from his last ship, such seaman shall not be engaged until he has produced such certificate or until he has given a satisfactory explanation to the Superintendent of the cause of such non‐production.”.

Clause 5

Amendment of section 44

Open as pageSuggest a correction

Section 44 of the principal Ordinance is hereby amended —

(a)

by deleting subsections (2) and (3) thereof; and

(b)

by renumbering the existing subsection (4) thereof as subsection (2).

Clause 6

Amendment of section 50

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Section 50 of the principal Ordinance is hereby amended —

(a)

by deleting the words “a Port Officer in the Colony” appearing in the fourth and fifth lines of subsection (1) thereof and substituting therefor the words “the Superintendent”;

(b)

by deleting the words “Port Officer” appearing in the first line of subsection (2) thereof and substituting therefor the word “Superintendent”; and

(c)

by deleting the words “at the Port Office” appearing in the fourth line of subsection (2) thereof and substituting therefor the words “at the office of the Director”.

Clause 7

Amendment of section 98

Open as pageSuggest a correction

Section 98 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the second line of subsection (1) thereof and substituting therefor the word “Superintendent”;

(b)

by deleting the words “Port Officer whether in that capacity” appearing in the third line of subsection (2) thereof and substituting therefor the expression “Director, whether in the capacity of Superintendent”; and

(c)

by deleting the expression “Port Officer, whether in that capacity” appearing in the eighth line of subsection (3) thereof and substituting therefor the expression “Director, whether in the capacity of Superintendent”.

Clause 8

Amendment of section 109

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Section 109 of the principal Ordinance is hereby amended by deleting the words “of a tonnage exceeding twenty-five tons” appearing in the first and second lines thereof.

Clause 9

Amendment of section 111

Open as pageSuggest a correction

Section 111 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer of the port where the ship is lying” appearing in the fourth line of subsection (2) thereof and substituting therefor the word “Superintendent”; and

(b)

by deleting the words “Port Officer” appearing in the second line of subsection (3) thereof and substituting therefor the word “Superintendent”.

Clause 10

Amendment of section 117

Open as pageSuggest a correction

Subsection (1) of section 117 of the principal Ordinance is hereby deleted and the following substituted therefor: —“(1) If a seaman or apprentice whilst on board ship states to the master of the ship his desire to make a complaint to the Superintendent against the master or any of the crew, the master shall, so soon as the service of the ship will permit, allow the complainant to go ashore or send him in proper custody so that he may be enabled to make his complaint.”.

Clause 12

Amendment of section 151

Open as pageSuggest a correction

Section 151 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officers” appearing in the marginal note thereto and in the heading immediately above and substituting therefor the words “the Superintendent”;

(b)

by deleting the words “Port Officers in the discharge of their” appearing in the first line thereof and substituting therefor the words “The Superintendent in the discharge of his”; and

(c)

by deleting the word “them” appearing in the fifth line of paragraph (c) thereof and substituting therefor the word “him”.

Clause 13

Amendment of section 152

Open as pageSuggest a correction

Section 152 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officers” appearing in the third and fourth lines of subsection (1) thereof and substituting therefor the words “the Superintendent”; and

(b)

by deleting the expression “Port Offices, and all Port Officers, their” appearing in the second and third lines of subsection (2) thereof and substituting therefor the expression “Mercantile Marine Office and all Mercantile Marine Sub‐Offices, and the Superintendent, his”.

Clause 14

Amendment of section 153

Open as pageSuggest a correction

Section 153 of the principal Ordinance is hereby amended by deleting the expression “a Port Office or before a Port Officer, shall pay to the Port Officer” appearing in the second and third lines thereof and substituting therefor the words “the Mercantile Marine Office, a Mercantile Marine Sub‐Office or before the Superintendent, shall pay to the Superintendent”.

Clause 15

Amendment of section 154

Open as pageSuggest a correction

Section 154 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the marginal note thereto and substituting therefor the expression “Superintendent, etc.”;

(b)

by deleting the expression “Any Port Officer, Deputy Port Officer” appearing in the first line thereof and substituting therefor the expression “The Superintendent, any Deputy Superintendent”; and

(c)

by deleting the words “any Port Office” appearing in the third line thereof and substituting therefor the words “the Mercantile Marine Office or any Mercantile Marine Sub‐Office”.

Clause 16

Amendment of section 161

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Subsection (1) of section 161 of the principal Ordinance is hereby deleted and the following substituted therefor: —“(1) The Minister shall transmit the passenger steamer’s certificate in duplicate to the Director.”.

Clause 17

Amendment of section 189

Open as pageSuggest a correction

Section 189 of the principal Ordinance is hereby amended —

(a)

by deleting the words “and discharge” appearing in the marginal note thereto;

(b)

by deleting subsection (1) thereof and substituting therefor the following: —“(1) The Director shall, having regard to the provisions of this Part, send any particulars which he deems important respecting any steamer carrying passengers which arrives in Singapore, to the appropriate officer at the port or place from which such steamer commenced her voyage.”; and

(c)

by deleting the words “Port Officer” appearing in the first line of subsection (2) thereof and substituting therefor the word “Director”.

Clause 18

Amendment of section 220

Open as pageSuggest a correction

Subsection (1) of section 220 of the principal Ordinance is hereby amended by deleting the words “Port Officer” appearing in the twelfth line thereof and substituting therefor the words “appropriate officer”.

Clause 19

Amendment of section 256

Open as pageSuggest a correction

Section 256 of the principal Ordinance is hereby amended —

(a)

by deleting the words “and discharge” appearing in the marginal note thereto;

(b)

by deleting subsection (1) thereof and substituting therefor the following: —“(1) The Director shall send any particulars which he deems important respecting any pilgrim ship which arrives in Singapore and the pilgrims carried therein to the appropriate officer at the port or place from which such pilgrim ship commenced her voyage.”; and

(c)

by deleting the words “Port Officer” appearing in the first line of subsection (2) thereof and substituting therefor the word “Director”.

Clause 20

Amendment of section 261

Open as pageSuggest a correction

Section 261 of the principal Ordinance is hereby amended —

(a)

by deleting the expression “, or with rules made under section 262 of this Ordinance” appearing in the sixth and seventh lines of subsection (1) thereof; and

(b)

by deleting the words “Port Officer at any port at which the vessel seeks to obtain a clearance” appearing in the second and third lines of subsection (3) thereof and substituting therefor the word “Director”.

Clause 21

Amendment of section 263

Open as pageSuggest a correction

Section 263 of the principal Ordinance is hereby amended by deleting the expression “such regulation not being inconsistent with any rule made under section 262,” appearing in the third and fourth lines thereof.

Clause 22

Amendment of section 266

Open as pageSuggest a correction

Section 266 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the marginal note thereto and substituting therefor the word “Director”; and

(b)

by deleting the expression “Port Officer, if she is in any port, or otherwise to the Master Attendant” appearing in the eighth and ninth lines of subsection (1) thereof and substituting therefor the word “Director”.

Clause 23

Amendment of section 271

Open as pageSuggest a correction

Subsection (3) of section 271 of the principal Ordinance is hereby amended by deleting the words “Port Officer of any port at which the ship seeks to obtain a clearance” appearing in the second and third lines thereof and substituting therefor the word “Director”.

Clause 24

Amendment of section 274

Open as pageSuggest a correction

Section 274 of the principal Ordinance is hereby amended —

(a)

by deleting the words “nearest Port Officer” appearing in the third and fourth lines of subsection (1) thereof and substituting therefor the word “Director”; and

(b)

by deleting the words “nearest Port Officer” appearing in the fourth line of subsection (4) thereof and substituting therefor the word “Director”.

Clause 25

Amendment of section 291

Open as pageSuggest a correction

Section 291 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the marginal note thereto and substituting therefor the word “Director”;

(b)

by deleting the words “Port Officer” appearing in the second line thereof and substituting therefor the word “Director” and

(c)

by inserting immediately after the word “port” appearing in the third line thereof the words “or place”.

Clause 26

Amendment of section 297

Open as pageSuggest a correction

Subsection (2) of section 297 of the principal Ordinance is hereby amended —

(a)

by deleting the colon appearing at the end thereof and substituting therefor a full‐stop; and

(b)

by deleting the proviso thereto.

Clause 27

Amendment of section 308

Open as pageSuggest a correction

Subsection (4) of section 308 of the principal Ordinance is hereby amended by deleting the words “Port Officer of the port where the ship was detained” appearing in the third line thereof and substituting therefor the word “Director”.

Clause 28

Amendment of section 314

Open as pageSuggest a correction

Subsection (1) of section 314 of the principal Ordinance is hereby deleted and the following substituted therefor: —“(1) Where a shipping casualty has occurred, a preliminary inquiry may be held, respecting the casualty, by the Director or any person appointed by him for the purpose.”.

Clause 29

Amendment of section 315

Open as pageSuggest a correction

Section 315 of the principal Ordinance is hereby amended —

(a)

by deleting the expression “of whom one shall, if possible, be the Port Officer, or a Commissioned Officer of Her Majesty’s Navy” appearing in the third, fourth and fifth lines of subsection (2) thereof;

(b)

by deleting the words “Port Officer” appearing in the first line of subsection (3) thereof and substituting therefor the word “Director”; and

(c)

by deleting subsection (11) thereof and substituting therefor the following: —“(11) Formal investigations into shipping casualties under this section shall be held in some suitable place to be appointed by the Minister.”.

Clause 30

Amendment of section 353

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Subsection (2) of section 353 of the principal Ordinance is hereby amended by deleting the words “any Port Office within the district” appearing in the third and fourth lines thereof and substituting therefor the words “the office of the Director”.

Clause 31

Amendment of section 356

Open as pageSuggest a correction

Section 356 of the principal Ordinance is hereby amended by deleting the words “in any Port Office within the district where the wreck was found or was seized by him” appearing in the second, third and fourth lines thereof and substituting therefor the words “at the office of the Director”.

Clause 32

Amendment of section 361

Open as pageSuggest a correction

Subsection (1) of section 361 of the principal Ordinance is hereby amended by deleting the first four lines thereof and substituting therefor the following: —“(1) Where any vessel is sunk, stranded or abandoned within the territorial waters of the State of Singapore but outside the limits of any port or of the Admiralty Waters within the meaning of the Admiralty Waters Ordinance (Cap. 72), in such manner as, in the opinion of the receiver, to be or likely to become an obstruction or danger to navigation, that receiver may —”.

Clause 33

New heading to Part XI

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Part XI of the principal Ordinance is hereby amended by deleting the headings “PORTS AND PORT OFFICERS.” and “PORT RULES.” appearing at the commencement thereof and substituting therefor the heading “CONTROL OF SHIPPING.”.

Clause 34

Amendment of section 418

Open as pageSuggest a correction

Section 418 of the principal Ordinance is hereby amended by inserting immediately after the word “foreign” appearing in the second line thereof the words “while such vessels are within the territorial waters of the State of Singapore”.

Clause 35

Amendment of section 420

Open as pageSuggest a correction

Section 420 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the marginal note thereto and substituting therefor the word “Director”; and

(b)

by deleting the words “The Port Officer may” appearing in the first and second lines thereof and substituting therefor the expression “The Director may, outside the limits of any port or of the Admiralty Waters within the meaning of the Admiralty Waters Ordinance (Cap. 72),”.

Clause 36

Amendment of section 421

Open as pageSuggest a correction

Section 421 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the marginal note thereto and substituting therefor the word “Director”;

(b)

by deleting the words “Port Officer” appearing in the second line of subsection (1) thereof and substituting therefor the word “Director”; and

(c)

by deleting the expression “or of any failure to comply with any rule made under section 419, the Port Officer” appearing in the first, second and third lines of subsection (2) thereof and substituting therefor the expression “, the Director”.

Clause 37

Amendment of section 423

Open as pageSuggest a correction

Section 423 of the principal Ordinance is hereby amended —

(a)

by renumbering the existing section as subsection (1);

(b)

by deleting the words “Port Office” appearing in the second line of paragraph (a) of subsection (1) thereof and substituting therefor the words “office of the Director”;

(c)

by deleting the words “Port Officer” appearing in the third line of paragraph (c) of subsection (1) thereof and substituting therefor the word “Superintendent”; and

(d)

by inserting immediately after subsection (1) thereof the following new subsection: —“(2) The master of any vessel who fails to comply with any of the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one hundred dollars.”.

Clause 38

Amendment of section 427

Open as pageSuggest a correction

Subsection (1) of section 427 of the principal Ordinance is hereby deleted and the following substituted therefor: —“(1) No ship, other than a ship referred to in subsection (2) of this section, shall leave any port or place in Singapore without the master obtaining a port clearance from the Director.”.

Clause 39

Repeal and re-enactment of section 442A

Open as pageSuggest a correction

Section 442A of the principal Ordinance is hereby repealed and the following substituted therefor: —“Discharging oil, etc. into territorial waters442A. No person shall discharge any oil, oily substance or oily liquid into the territorial waters of the State of Singapore without the written permission of the Director or appropriate statutory body or without lawful excuse, and any person who so discharges the same or causes the same to be so discharged and the master of any vessel from which the same is discharged shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars in addition to any expenses which are incurred in removing the same.”.

Clause 40

Amendment of section 445

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Subsection (2) of section 445 of the principal Ordinance is hereby amended by deleting the words “Master Attendant” appearing in the fourth line thereof and substituting therefor the expression “Seafarers’ Welfare Board constituted under the Seafarers’ Welfare Board Ordinance, 1956 (Ord. 34 of 1956)”.

Clause 41

Amendment of section 465

Open as pageSuggest a correction

Section 465 of the principal Ordinance is hereby amended —

(a)

by deleting the words “Port Officer” appearing in the marginal note thereto and substituting therefor the word “Director”; and

(b)

by deleting the words “Any Port Officer or” appearing in the first line of subsection (1) thereof and substituting therefor the words “The Director or any”.

Clause 42

Repeal and re-enactment of section 475

Open as pageSuggest a correction

Section 475 of the principal Ordinance is hereby repealed and the following substituted therefor: —“Persons appointed or authorised under this Ordinance to be deemed public servants

475. Every person appointed or authorised under this Ordinance for any of the purposes of this Ordinance, when acting in pursuance of any such purpose, shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 119).”.

Clause 43

Amendment of section 490

Open as pageSuggest a correction

Subsection (2) of section 490 of the principal Ordinance is hereby amended —

(a)

by deleting the expression “39 (3)” appearing in the second line thereof;

(b)

by deleting the expressions “262,” and “419,” appearing in the third line thereof; and

(c)

by deleting the expression “445 (9)” appearing in the fourth line thereof.

Clause 44

Amendment of section 498

Open as pageSuggest a correction

Subsection (1) of section 498 of the principal Ordinance is hereby amended by deleting the expression “Any Port Officer,” appearing in the first line thereof and substituting therefor the expression “The Director, any”.

Clause 45

Miscellaneous amendments

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The sections of the principal Ordinance set out in the First Schedule to this Ordinance are hereby amended by deleting the words “Master Attendant” wherever they appear therein and substituting therefor the word “Director”.

Clause 46

Miscellaneous amendments

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The sections of the principal Ordinance set out in the Second Schedule to this Ordinance are hereby amended by deleting the words “Port Officer”, “A Port Officer”, “a Port Officer”, “Each Port Officer”, “any Port Officer”, “such Port Officer” or “any such Port Officer”, as the case may be, wherever they appear therein or in the marginal notes thereto and substituting therefor the word or words “Director”, “The Director” or “the Director”, as the context requires.

Clause 47

Miscellaneous amendments

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The sections of the principal Ordinance set out in the Third Schedule to this Ordinance are hereby amended by deleting the words “Port Officer”, “A Port Officer”, “a Port Officer”, “nearest Port Officer” or “any Port Officer”, as the case may be, wherever they appear therein or in the marginal notes thereto and substituting therefor the word or words “Superintendent”, “The Superintendent” or “the Superintendent”, as the context requires.

Clause 48

Repeal

Open as pageSuggest a correction

The sections of the principal Ordinance set out in the Fourth Schedule to this Ordinance are hereby repealed.

Clause 49

New section 503

Open as pageSuggest a correction

The principal Ordinance is hereby amended by inserting immediately after section 502 thereof the following new section: —“References to Port Officer or Master Attendant to be construed as references to Director of Marine, references to Port Office as office of Director

503. Save as provided by any notification published in the Gazette under the provisions of paragraph (c) of subsection 6 of section 128 of the Port of Singapore Authority Ordinance, 1963 (Ord. of 1963), in any written law and in any document whatsoever, unless the context otherwise requires, any reference to the Port Officer or Master Attendant shall be construed as a reference to the Director of Marine, and any reference to the Port Office shall be construed as a reference to the office of the Director.”.

Clause 50

Amendment of Schedule B

Open as pageSuggest a correction

Schedule B to the principal Ordinance is hereby amended by deleting the words “under one hundred tons” appearing in the seventh item thereof.

Common questions

What is Merchant Shipping (Amendment) Ordinance?
Merchant Shipping (Amendment) Ordinance is Singapore Bill, cited as Bill 196 1963, currently marked in force and first recorded in 1963.
Is Merchant Shipping (Amendment) Ordinance still in force?
Yes — Merchant Shipping (Amendment) Ordinance is currently in force.
When did Merchant Shipping (Amendment) Ordinance take effect?
Merchant Shipping (Amendment) Ordinance was first recorded in 1963.
How many clauses does Merchant Shipping (Amendment) Ordinance have?
Merchant Shipping (Amendment) Ordinance contains 50 clauses.
Where can I read the official version of Merchant Shipping (Amendment) Ordinance?
The official text of Merchant Shipping (Amendment) Ordinance is published at sso.agc.gov.sg.