Merchant Shipping Act 1995
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Exemption of naval ships, etc.
4 Appointment of Director of Marine
5 Appointment of surveyors
6 Delegation of powers by Authority
Part 2 SINGAPORE REGISTRY
7 Application of this Part
8 Conditions for registration of ships
9 Register of Singapore ships
10 Marking of ship
11 Application for initial registry
12 Provisional registry
13 Entry of particulars in register
14 Fees and tonnage taxes on registration
15 Documents to be retained by Registrar
16 Certificate of registry
17 Use, custody and delivery up of certificate
18 Transfer of ship and registration of bill of sale
19 Transfer to person qualified to own Singapore ship
20 Transfer to person not qualified to own Singapore ship
21 Transmission of property in ship on marriage, bankruptcy, death, etc.
22 Order for sale on transmission to unqualified person
23 Transfer of ship or sale by order of court
24 Power of General Division of High Court to prohibit transfer
25 Mortgage of ship or share
26 Obligation of mortgagor before execution and registration of mortgage
27 Entry of discharge of mortgage
28 Priority of mortgages
29 Mortgagee not deemed to be owner
30 Powers of mortgagee
31 Transfer of mortgages
32 Transmission of interest in mortgage in certain circumstances
33 Notice of trusts not received and equities not excluded
34 Alteration of ship
35 Procedure for registry anew
36 National colours for Singapore ships
37 Penalty for not showing colours
38 Certified copy or transcript of register
39 Correction of errors in register
40 Rectification of register by General Division of High Court
41 Delivery up of certificate on loss, etc., of ship
42 Voluntary closure of registry
43 Power of Authority to close registry and cancel certificate of registry
44 Rules as to name of ship
45 Regulations on evidence of seaworthiness, etc.
Part 3 MANNING AND CERTIFICATION
46 Application of this Part
47 Manning and certification
48 Prohibition of going to sea undermanned
49 Unqualified persons going to sea as qualified officers
50 Production of certificates and other documents of qualification
51 Certificate obtained by fraud
Part 4 CREW MATTERS
52 Application of this Part and interpretation
53 Crew agreements
54 Regulations relating to crew agreements, engagement and discharge of seamen
55 Discharge of seamen when ship ceases to be registered in Singapore
56 Payment of seaman’s wages
57 Account of seaman’s wages
58 Regulations relating to wages and accounts
59 Settlement of disputes
60 Restriction on attachment or assignment of and charge upon crew member’s wages
61 Assignment or sale of salvage invalid
62 Allotment notes
63 Right of person named in allotment note to sue in own name
64 Right, or loss of right, to wages in certain circumstances
65 Compensation to crew member improperly discharged
66 Wages on termination of service by illness
67 Protection of certain rights and remedies
68 Remedies of master for remuneration, disbursements, etc.
69 Powers of court in case of unreasonable delay in paying crew member’s wages
70 Provisions and water
71 Complaints about provisions or water
72 Other complaints
73 Medical stores
74 Medical treatment on board ship
75 Expenses of medical treatment, etc., during voyage
76 Drunkenness, etc., on board ship
77 Continued or concerted disobedience, neglect of duty, etc.
78 Offences committed by certain other persons
79 Defence of drug or psychoactive substance taken for medical purposes
80 Disciplinary offences
81 Appeal against fine for disciplinary offences
82 Prohibition of double prosecution
83 Payment of fines for disciplinary offences
84 Civil liability for smuggling
85 Relief and repatriation of seaman left behind
86 Limit of employer’s liability under section 85
87 Custody, etc., of property of deceased crew members
88 Disposal of property of deceased crew members
89 Official and other logbooks
90 Discharge books
91 Returns of births and deaths in ships, etc.
92 Handing over of documents on change of master
93 Stowaways
94 Master’s power of arrest
95 Penalty for receiving remuneration from seamen for engagement
96 Restriction on employment of young persons on board ship
97 Extension to foreign ships
Part 5 SURVEY AND SAFETY
98 Application of this Part
99 Prohibition on going to sea without certificates
100 Powers of Authority to make regulations
101 Overloaded ships
102 Penalty for carrying passengers in excess
103 Observance of collision regulations
104 Defect or deficiency in ship, etc.
105 Cancellation of certificate or exemption certificate
106 Duty of ship to assist the other in case of collision
107 Report of accidents, etc., to Director
108 Appointment of inspector to report on accident, etc.
109 Notification of loss of ship
110 Owner and master liable in respect of unsafe ship
111 Crew member may claim discharge if ship is unsafe
112 Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness
113 Detention of unsafe ship
114 Owner liable for unsafe operation of ship
115 Conduct endangering ships, structures or individuals
116 Regulations for survey of ships and issue of certificates
Part 6 INQUIRIES AND INVESTIGATIONS
117 Inquiry into fitness or conduct of officers
118 Inquiries and investigations into shipping casualties
119 Formal investigations into shipping casualties
120 Re-hearing of and appeal from inquiries and investigations
121 Regulations as to inquiries, formal investigations and appeals
122 Failure to deliver cancelled or suspended certificate
123 Power to restore certificate
124 Payment to persons holding inquiries or investigations and assessors
Part 7 DELIVERY OF GOODS
125 Interpretation of this Part
126 Powers of shipowner to land goods
127 Lien for freight on landing goods
128 Discharge of lien
129 Provisions as to deposits by owners of goods
130 Sale of goods by wharfinger and warehouseman
131 Application of proceeds of sale
132 Wharfinger’s and warehouseman’s rent and expenses
133 Wharfinger’s and warehouseman’s protection
Part 8 LIABILITY OF SHIPOWNERS AND SALVORS FOR MARITIME CLAIMS
134 Interpretation of this Part
135 Exclusion of liability
136 Limitation of liability for maritime claims
137 General limits
138 Limit for passenger claims
139 Constitution and distribution of fund
140 Bar to other actions
141 Meaning of "State Party"
142 Units of Account
143 Amendment of First Schedule
144 Saving
Part 9 WRECK AND SALVAGE
145 Interpretation of this Part
145A Salvage Convention to have force of law
146 Receiver of wrecks
147 Duty of receiver in respect of ship in distress
148 Powers of receiver in case of ships in distress
149 Power to pass over adjoining lands
150 Power of receiver to suppress plunder and disorder by force
151 Exercise of powers of receiver in his or her absence
152 Examination in respect of ships in distress
153 Rules to be observed by persons finding wreck
154 Penalty for taking wreck at time of casualty
155 Notice of wreck to be given by receiver
156 Claims of owners to wreck
157 Immediate sale of wreck by receiver in certain cases
158 Right of Government to unclaimed wreck
159 Unclaimed wreck
160 Delivery of unclaimed wreck by receiver not to affect title
161 Removal of wreck by receiver
162 Powers of removal extend to tackle, cargo, etc.
163 Taking wreck to foreign port
164 Interfering with wrecked ship or wreck
165 Summary procedure for concealment of wreck
166 Recourse for life salvage payment
167 Salvage of cargo or wreck
168 Determination of salvage disputes
169 Determination of disputes as to salvage summarily
170 Appeal in case of salvage disputes
171 Valuation of property by receiver
172 Detention of property liable to salvage by receiver
173 Sale of detained property
174 Apportionment of salvage by receiver
175 Appointment of salvage by General Division of High Court
176 (Repealed)
177 Receiver’s fees
Part 10 LEGAL PROCEEDINGS
178 Provision as to jurisdiction in case of offences
179 Jurisdiction over ships lying off coast
180 Jurisdiction in case of offences on board ship
181 Presumption of jurisdiction
182 Court for trial of offences
183 Sums ordered to be paid leviable by distress on ship
184 Depositions to be received in evidence when witness cannot be produced
185 Proof of attestation not required
186 Admissibility of documents in evidence
187 Service of documents
188 Mode of making declarations
189 Continuing offences
190 Liability of beneficial owners
191 Offences by body corporate
192 Offences under this Act
193 Forgery, etc., of documents and fraudulent use
194 False declaration, etc.
195 Interfering with person in carrying out duty, etc.
196 Misleading officer, refusal to answer questions, produce documents, etc.
197 Offences relating to markings of ship
198 Unauthorised presence on board ship
199 Taking person performing duty to sea
200 General penalties
201 Persons appointed or authorised under this Act deemed public servants
202 Costs of detention of unsafe ships
203 Security for costs of detention of unsafe ships
204 Immunity of Government, Authority and their employees, etc.
Part 11 MISCELLANEOUS
205 Powers of Director, etc.
206 Powers of inspector
207 Power of arrest
208 Power of General Division of High Court to remove master
209 Enforcing detention of ship
210 Issue of new document
211 Issue of certified copies or extracts
212 Copy of Act and regulations to be kept on Singapore ships
213 Powers of Authority to prescribe fees, recovery of fees and application of moneys
214 Documents to be in approved form
215 Exemption
216 Regulations
217 Transitional provisions
Legislative History
Abbreviations
Comparative Table