PART X
INSPECTIONS IN PORT
Application of this Part
57.  This Part shall apply to —
(a)any Singapore ship, ordinarily engaged in commercial activities; and
(b)any ship in Singapore, not being a Singapore ship, whether publicly or privately owned, ordinarily engaged in commercial activities.
Inspection of vessels in port
58.—(1)  A ship shall be subject to inspection by a surveyor of ships or any person duly authorised by the Director.
(2)  Subject to subsection (3), any such inspection shall be limited to verifying that there are carried on board the ship —
(a)a valid Maritime Labour Certificate or a valid interim Maritime Labour Certificate; and
(b)a valid Declaration of Maritime Labour Compliance,
issued under this Act in respect of a Singapore ship, or their equivalent issued under the national laws of the flag State of the ship if that ship is not a Singapore ship.
(3)  If any of the conditions mentioned in subsection (4) apply, the ship may be subject to a detailed inspection by a surveyor of ships or a person duly authorised by the Director, to determine whether the ship —
(a)being a Singapore ship, is in compliance with the requirements of this Act and other relevant written law; or
(b)being a ship that is not a Singapore ship, is in compliance with the requirements of the Convention.
(4)  The conditions referred to in subsection (3) are as follows:
(a)the documents referred to in subsection (2) are not produced;
(b)the documents referred to in subsection (2) are invalid, are not maintained, are falsely maintained, or do not contain particulars or information required by this Act or the Convention, as the case may be;
(c)there are clear grounds for believing that the working and living conditions on board the ship do not conform to the requirements of this Act or other relevant written law, or of the Convention, as the case may be;
(d)there are reasonable grounds for believing that the ship has changed flag for the purpose of avoiding compliance with this Act or the Convention, as the case may be;
(e)there is a complaint alleging that specific working and living conditions on board the ship do not comply with the requirements of this Act or other relevant written law, or of the Convention, as the case may be;
(f)the working and living conditions present could constitute a clear hazard to the safety, health or security of seafarers;
(g)the surveyor of ships or the person duly authorised by the Director has grounds to believe that any deficiencies present constitute a serious breach of the requirements of this Act or other relevant written law, or of the Convention, as the case may be.
(5)  In this section, “complaint” means any information submitted by any seafarer, professional body, association, trade union, or person with an interest in the safety of the ship or the safety and health of the seafarers on board any ship.
(6)  An inspection conducted on a ship that is not a Singapore ship pursuant to subsection (4)(a), (b), (c) or (d) shall in principle cover the matters specified in the Second Schedule.
(7)  An inspection conducted pursuant to subsection (4)(e) shall generally be limited to the scope of the complaint.
(8)  The surveyor of ships or the person duly authorised by the Director may for the purposes of an inspection —
(a)board any ship, without previous notice to the shipowner, master or person in charge of that ship, for the purposes of inspecting that ship;
(b)inspect any ship, after giving previous notice to the shipowner, master or person in charge of that ship;
(c)summon any person before him and require him to answer questions;
(d)require the production of any book, log book, certificate, register, document or other information relating to any ship;
(e)take samples of any products, cargo, drinking water, provisions, materials or substances used or handled in the possession of any person on board any ship, as may be necessary with a view to analysing these samples;
(f)require the display of notices, certificates or documents required by this Act or other relevant written law, or the Convention, as the case may be; and
(g)require rectification of deficiencies that may be identified in the seafarers’ working and living conditions on any ship.
(9)  Any sample taken under this section shall be disposed of and accounted for in such manner as the Director may direct.
Power to detain ships
59.—(1)  Where, following a more detailed inspection referred to in section 58(3), a ship is found not to conform to the requirements of this Act or other relevant written law, or of the Convention, as the case may be, and —
(a)the conditions on board are clearly hazardous to the safety, health or security of seafarers; or
(b)the non-conformity constitutes a serious or repeated breach of the requirements (inclusive of seafarers’ rights) of this Act or other relevant written law, or of the Convention, as the case may be,
the Director shall serve on the shipowner and the master of the ship, a notice of detention requiring that the ship shall not proceed to sea until any non-conformity that falls within the scope of paragraph (a) or (b) has been rectified, or until the Director has accepted a plan of action to rectify such non-conformity and is satisfied that the plan will be implemented in an expeditious manner.
(2)  If the ship, after service of the notice of detention, goes to sea before it is released by the Director, the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3)  If it is proven that a ship was unduly detained or delayed under this section, the Authority shall be liable to pay to the shipowner his costs of and incidental to the detention of the ship, and also compensation for any loss or damage sustained by him by reason of the detention.