Jurisdiction of Singapore courts and registration of foreign judgments
16.—(1) Section 3(1)(d) of the High Court (Admiralty Jurisdiction) Act (Cap. 123) shall be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Part.
(2) Where —
(a)
any oil is discharged or escapes from a ship but does not result in any damage caused by contamination in the territory of Singapore and no measures are reasonably taken to prevent or minimise such damage in that territory; or
(b)
any relevant threat of contamination arises but no measures are reasonably taken to prevent or minimise such damage in the territory of Singapore,
no court in Singapore shall entertain any action (whether in rem or in personam) to enforce a claim arising from any relevant damage or cost —
(i)
against the owner of the ship;
(ii)
against any person to whom paragraph (ii) of section 5(1) applies, unless any such damage or cost resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result; or
(iii)
against any person taking any of the measures referred to in subsection (3)(a) or (b), unless any such damage or cost resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.
(3) In subsection (2), “relevant damage or cost” means —
(a)
in relation to any discharge or escape referred to in subsection (2)(a), any damage caused in the territory of another Liability Convention country by contamination resulting from the discharge or escape, or any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country;
(b)
in relation to any threat of contamination referred to in subsection (2)(b), any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country; or
(c)
any damage caused by any measures referred to in paragraph (a) or (b).
(4) Part I of the Reciprocal Enforcement of Foreign Judgments Act (Cap.265) shall apply, whether or not it would so apply apart from this section, to any judgment given by a court in a Liability Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 3, and in its application to such a judgment that Part shall have effect with the omission of section 5(2) and (3) of that Act.