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Formal Consolidation |  2001 RevEd
Mode of exercise of admiralty jurisdiction
4.—(1)  Subject to section 5, the admiralty jurisdiction of the High Court may in all cases be invoked by an action in personam.
(2)  The admiralty jurisdiction of the High Court may in the cases mentioned in section 3(1)(a), (b), (c) and (r) be invoked by an action in rem against the ship or property in question.
(3)  In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, the admiralty jurisdiction of the High Court may be invoked by an action in rem against that ship, aircraft or property.
(4)  In the case of any such claim as is mentioned in section 3(1)(d) to (q), being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of the action arose, the owner or charterer of, or in possession or in control of, the ship, the admiralty jurisdiction of the High Court may (whether the claim gives rise to a maritime lien on the ship or not) be invoked by an action in rem against —
(a)that ship, if at the time when the action is brought it is beneficially owned as respects all the shares therein by that person; or
(b)any other ship which, at the time when the action is brought, is beneficially owned as aforesaid.
(5)  In the case of a claim in the nature of towage or pilotage in respect of an aircraft, the admiralty jurisdiction of the High Court may be invoked by an action in rem against that aircraft if at the time when the action is brought it is beneficially owned by the person who would be liable on the claim in an action in personam.
(6)  Notwithstanding anything in subsections (1) to (5), the admiralty jurisdiction of the High Court shall not be invoked by an action in rem in the case of any such claim as is mentioned in section 3(1)(n) unless the claim relates wholly or partly to wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages).
(7)  Where, in the exercise of its admiralty jurisdiction, the High Court orders any ship, aircraft or other property to be sold, the High Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.
(8)  In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam, it shall be assumed that he has his habitual residence or a place of business within Singapore.
Informal Consolidation | Amended Act 40 of 2019
Mode of exercise of admiralty jurisdiction
4.—(1)  Subject to section 5, the admiralty jurisdiction of the General Division of the High Court may in all cases be invoked by an action in personam.
[Act 40 of 2019 wef 02/01/2021]
(2)  The admiralty jurisdiction of the General Division of the High Court may in the cases mentioned in section 3(1)(a), (b), (c) and (r) be invoked by an action in rem against the ship or property in question.
[Act 40 of 2019 wef 02/01/2021]
(3)  In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, the admiralty jurisdiction of the General Division of the High Court may be invoked by an action in rem against that ship, aircraft or property.
[Act 40 of 2019 wef 02/01/2021]
(4)  In the case of any such claim as is mentioned in section 3(1)(d) to (q), where —
(a)the claim arises in connection with a ship; and
(b)the person who would be liable on the claim in an action in personam (referred to in this subsection as the relevant person) was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship,
an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the General Division of the High Court against —
(i)that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of that ship under a charter by demise; or
(ii)any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it.
[2/2004 wef 01/04/2004]
[Act 40 of 2019 wef 02/01/2021]
(5)  In the case of a claim in the nature of towage or pilotage in respect of an aircraft, the admiralty jurisdiction of the General Division of the High Court may be invoked by an action in rem against that aircraft if at the time when the action is brought it is beneficially owned by the person who would be liable on the claim in an action in personam.
[Act 40 of 2019 wef 02/01/2021]
(6)  Notwithstanding anything in subsections (1) to (5), the admiralty jurisdiction of the General Division of the High Court shall not be invoked by an action in rem in the case of any such claim as is mentioned in section 3(1)(n) unless the claim relates wholly or partly to wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages).
[Act 40 of 2019 wef 02/01/2021]
(7)  Where, in the exercise of its admiralty jurisdiction, the General Division of the High Court orders any ship, aircraft or other property to be sold, the General Division of the High Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.
[Act 40 of 2019 wef 02/01/2021]
(8)  In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam, it shall be assumed that he has his habitual residence or a place of business within Singapore.