Merchant Shipping (Court of Survey) Rules

These Rules may be cited as the Merchant Shipping (Court of Survey) Rules.

In these Rules, unless the context otherwise requires,“Attorney-General” includes the Solicitor-General and any person authorised by either of them to act as his Deputy.

There shall be a Court of Survey in Singapore.

A copy of these Rules shall be kept at the office of the Registrar of the Court of Survey and at every Port Office, and may be perused thereat by the master or owner of any ship which may be provisionally detained under the Act and by any one deputed by him.

A notice shall be put up in some conspicuous place in the Port Office, containing the name of the Registrar of the Court of Survey for that Port, and the name of the street or place in which such Registrar’s office is situated.

Where the owner or master of a ship (referred to in these Rules as the appellant) desires to appeal to a Court of Survey, he shall file at the office of the Registrar of the Court of Survey for the port in which the ship is (referred to in these Rules as the Court) a notice in the Form 1 set out in the First Schedule.

Immediately upon the filing of the notice of appeal, the Registrar shall communicate the fact to the Minister, who shall thereupon inform him whether he intends to have the appeal heard by a Judge of the Supreme Court, and if the appeal is to be so heard the Registrar shall forthwith ascertain on what day such Judge will hear it.

If the Minister informs him that he does not intend to have the appeal heard by a Judge of the Supreme Court, the Registrar shall forthwith ascertain which of the other Judges of the Court will hear the appeal, and on what day.

On ascertaining when the hearing will take place, the Registrar shall, if there is a list of assessors for the Court, select therefrom the person who is, in his opinion, the best qualified to act as assessor on the appeal; or if there is no such list, he will take the instructions of the Judge as to the assessor to be appointed.

The Minister shall appoint the other assessor, and shall forthwith send the name and address of such assessor to the Registrar.

If the ship is a foreign ship, the Registrar shall give notice to the Consular Officer for the State to which the ship belongs, residing at or nearest to the place where the ship is detained, in order that, at the request of the appellant, some competent person may be selected by the Consular Officer to act as assessor in place of the assessor referred to in rule 9.

As soon as the Registrar has ascertained by whom the appeal will be heard, he shall summon the Court in the Form 2 set out in the First Schedule. He shall at the same time send notice thereof to the Attorney‑General and to the appellant, in the Form 3 set out in the First Schedule.

If the survey has been made on the complaint of any person (referred to in these Rules as the complainant) the Attorney-General shall send to him notice of the time and place appointed for the hearing.

Prior to the hearing, the Attorney-General shall forward to the Registrar, to be produced as evidence at the hearing, an official copy of the report of the surveyor.

The Court shall, if practicable, be summoned to hear the appeal on a day not later than 14 days from the filing of the notice of appeal.

The Attorney-General and the appellant shall be parties to the proceedings.

Any other person, on entering an appearance, may, by permission of the Judge, be made a party to the proceedings.

Either party may give to the other a notice in writing to produce such documents (saving all just exceptions) as relate to any matters in difference, and which are in the possession or control of such other party; and if the notice be not complied with, secondary evidence of the contents of the documents may be given by or on behalf of the party who gave the notice.

Either party may give to the other party a notice in writing to admit any documents (saving all just exceptions); and in case of neglect or refusal to admit after that notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, whatever the result may be, unless the Court is of opinion that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the officer by whom the costs are taxed, a saving of expense.

The Judge shall have power to issue subpoenas as nearly as may be in the form used in the Supreme Court and such subpoenas shall have effect, and may be served in any part of Singapore. The Judge shall have all the powers of a Judge of the Supreme Court to enforce the attendance of witnesses.

Affidavits and statutory declarations may by permission of the Judge (and saving all just exceptions) be used as evidence at the hearing if sworn or taken in the manner provided by the Evidence Act [Cap. 97].

The Judge may adjourn the Court from time to time and from place to place, as may be most convenient.

The Judge may deliver the decision of the Court either orally or in writing; and, if in writing, it may be sent or delivered to the respective parties, and it shall not be necessary to hold a Court merely for the purpose of giving the decision.

As soon as possible after the Court has come to its decision, the Judge shall issue an order for the release or detention (in either case either finally or on condition) of the vessel in the Form 4 set out in the First Schedule.

The Judge shall report to the Minister in the Form 5 set out in the First Schedule.

The Court may, if the parties consent thereto in writing, decide, whether costs or costs and damages are due, and to and from whom, and may assess the amount thereof.

The order for the payment of costs, or of costs and damages shall be in the Form 6 set out in the First Schedule.

Any notice, summons or other document issuing out of the Court may be served by registered post.

The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served.

There shall be paid to each assessor the sum of $16 for the first day of the hearing and the sum of $10 for each subsequent day or part thereof.

The fees to be taken in any proceedings before a Court of Survey shall be those set out in the Second Schedule. Such fees shall be taken in stamps to be impressed if possible on the documents to which they refer.