Carriage of Goods by Sea Act

(CHAPTER 33)

(Original Enactment: Act 30 of 1972)

REVISED EDITION 1985

(30th March 1987)

An Act to make further provision with respect to the carriage of goods by sea.

[16th January 1978]

Short title

1. This Act may be cited as the Carriage of Goods by Sea Act.

Application of Hague Rules as amended

2. In this Act, “Rules” means the International Convention for the unification of certain rules of law relating to bills of lading made at Brussels on 25th August 1924, as amended by the Protocol made at Brussels on 23rd February 1968, and which are set out in the Schedule.

Application of Rules

3.—(1) Subject to the provisions of this Act, the Rules have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Singapore to any other port whether in or outside Singapore.

(2) The Minister may, from time to time by order published in the Gazette, specify the respective amounts which for the purposes of paragraph 5 of Article IV of the Rules and of Article IV bis of the Rules are to be taken as equivalent to the sums expressed in francs which are mentioned in paragraph 5 (a) of Article IV.

[13/82]

Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply

4. There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

Statement as to application of Rules to be included in bills of lading

5. Every bill of lading or similar document of title issued in Singapore which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the Rules as applied by this Act.

Modification of Article VI of Rules in relation to local trade

6. Article VI of the Rules has effect in relation to —

(a)	the carriage of goods by sea in sailing ships carrying goods from any port in Singapore to any other port whether in or outside Singapore; and
(b)	the carriage of goods by sea in ships carrying goods from any port in Singapore to any other port in Singapore or to any port in Malaysia,

as though the Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the Article were omitted.

Modification of paragraphs 4 and 5 of Article III of Rules in relation to bulk cargoes

7. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

Saving and operation

8. Nothing in this Act shall affect the operation of sections 293 and 294 of the Merchant Shipping Act [Cap. 179] as amended by any subsequent Act, or the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels.

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