Comparison View

Formal Consolidation |  1996 RevEd
Disposal of property of deceased seamen
88.—(1)  Where, on the death of a seaman, 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 seaman or his property.
(2)  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 shall thereby be discharged from any further liability in respect of the residue.
(3)  The persons referred to in subsection (2) are —
(a)any person appearing to the Director to be a person named as the seaman’s next of kin in the crew agreement in which the seaman’s name last appeared;
(b)any person appearing to the Director to be his widow or his child;
(c)any person appearing to the Director to be beneficially entitled, under a will or on intestacy, to the seaman’s estate or any part thereof; or
(d)any person appearing to the Director to be a creditor of the seaman.
(4)  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 shall pay the property, the proceeds thereof, or the residue thereof, into the Consolidated Fund.
(5)  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, shall be paid out of the Consolidated Fund.
(6)  If any claim is not established to the satisfaction of the Director, the claimant may apply by summons to the High Court, and the Court, after taking evidence orally or on affidavit, may make such order on the summons as it thinks just.
(7)  After the expiration of 6 years from the receipt of such property or proceeds thereof by the Director, no such claim shall be made without the sanction of the Minister.
(8)  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 them to him by paying or delivering them to a consular officer of that country for transmission to him.
(9)  If the property exceeds $5,000 in value, the Director shall pay and deliver the residue to the legal personal representative of the deceased.
(10)  In this section, “child” includes an adopted child.
Informal Consolidation | Amended S 1018/2020
Disposal of property of deceased crew members
88.—(1)  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 his property.
[Act 6 of 2014 wef 01/04/2014]
(2)  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 shall thereby be discharged from any further liability in respect of the residue.
(3)  The persons referred to in subsection (2) are —
(a)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;
[Act 6 of 2014 wef 01/04/2014]
(b)any person appearing to the Director to be his widow or his child;
(c)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
[Act 6 of 2014 wef 01/04/2014]
(d)any person appearing to the Director to be a creditor of the crew member.
[Act 6 of 2014 wef 01/04/2014]
(4)  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 shall pay the property, the proceeds thereof, or the residue thereof, into the Consolidated Fund.
(5)  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, shall be paid out of the Consolidated Fund.
(6)  If any claim is not established to the satisfaction of the Director, the claimant may apply by originating summons 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 such order on the application as it thinks just.
[42/2005 wef 01/01/2006]
[Act 40 of 2019 wef 02/01/2021]
(7)  After the expiration of 6 years from the receipt of such property or proceeds thereof by the Director, no such claim shall be made without the sanction of the Minister.
(8)  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 them to him by paying or delivering them to a consular officer of that country for transmission to him.
(9)  If the property exceeds $5,000 in value, the Director shall pay and deliver the residue to the legal personal representative of the deceased.
(10)  In this section, “child” includes an adopted child.