PART XI | Offences by bodies corporate, etc. |
60.—(1) Where an offence under this Act committed by a body corporate is proved —| (a) | to have been committed with the consent or connivance of an officer; or | | (b) | to be attributable to any neglect on his part, |
| the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
| (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. |
(3) Where an offence under this Act committed by a partnership is proved —| (a) | to have been committed with the consent or connivance of a partner; or | | (b) | to be attributable to any neglect on his part, |
| the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —| (a) | to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or | | (b) | to be attributable to any neglect on the part of such officer or member, |
| the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(5) In this section —| “body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A); |
“officer” —| (a) | in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or | | (b) | in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; |
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| “partner” includes a person purporting to act as a partner. |
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| (6) The Authority may, with the approval of the Minister, by regulations, provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. |
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| Forgery, etc., of documents and fraudulent use |
61.—(1) Any person who forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures or suffers to be forged or fraudulently altered —| (a) | any seafarer’s employment agreement, certificate, declaration or other document prescribed by this Act (including replacement or certified copies thereof or certified extracts therefrom) or any entry or endorsement prescribed by this Act to be made in or on any of those documents; or | | (b) | any document produced to the Director for the purposes of obtaining for himself or any other person any certificate, book or other document issued under this Act (including replacement or certified copies thereof) or for the purposes of obtaining an entry or endorsement in or on any of those documents, |
| shall be guilty of an offence. |
(2) Any person who fraudulently uses or allows any other person to fraudulently use —| (a) | any of the documents mentioned in subsection (1) which is forged, altered or otherwise false or misleading in any material particular; or | | (b) | any of the documents mentioned in subsection (1)(a) which has expired or has been cancelled or suspended, or has become invalid for any reason, |
| shall be guilty of an offence. |
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| (3) Any person who fraudulently uses any document mentioned in subsection (1)(a) which is issued to or issued in relation to a person and he is not that person named in the document or to which the document relates, shall be guilty of an offence. |
| (4) Any person who allows any other person to fraudulently use any of the documents mentioned in subsection (1)(a) which is issued to or issued in relation to a person and that other person is not the person named in that document or to which the document relates, shall be guilty of an offence. |
| (5) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Document obtained by fraud |
| 62. The Director may cancel any certificate issued under this Act which is fraudulently obtained and the person to whom the certificate has been issued shall, upon being notified by the Director of its cancellation, forthwith deliver it or cause it to be delivered to the Director. |
| Interfering with person in carrying out duty, etc. |
63. Any person who —| (a) | by violence, threat or intimidation, hinders or interferes with or otherwise obstructs the master or an officer of a ship in performing his duty under this Act; or | | (b) | resists or wilfully obstructs, assaults, molests or otherwise intimidates a person who is carrying out or exercising any duty, function, right or power imposed on him by this Act, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Misleading officer, refusal to answer questions, produce documents, etc. |
64. Any person who —| (a) | misleads any other person on whom a duty, function or power is imposed on him under this Act in any material particular which is likely to affect the discharge thereof; | | (b) | refuses to answer any question lawfully put to him, or to produce documents in his possession or custody lawfully demanded of him; | | (c) | refuses to give all reasonable assistance to any person who is carrying out any duty, function or power imposed on him under this Act; or | | (d) | refuses to attend as a witness before the Director, an inspector, a surveyor of ships or a person duly authorised by the Director under section 58, or to furnish a sworn statement when required by the Director or an inspector, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Taking person performing duty to sea |
65.—(1) If any person performing his duties or functions under this Act is taken to sea in a ship without his consent, the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $10,000.| (2) Upon the conviction of the shipowner and master for an offence under subsection (1), the shipowner and the master shall be jointly and severally liable to pay all expenses incidental to the person’s return to duty. |
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| Provision as to jurisdiction in case of offences |
| 66. For the purpose of conferring jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the offence actually was committed or arose or in any place in which the offender or person complained against may be. |
| Jurisdiction in case of offences on board ship |
| 67. Where any person is charged with having committed any offence on board any Singapore ship on the high seas or elsewhere outside Singapore and that person is found within the jurisdiction of any court in Singapore which would have had cognizance of the offence if it had been committed on board a Singapore ship within the limits of its ordinary jurisdiction, that court shall have jurisdiction to try the offence as if it had been so committed. |
| 68. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence. |
69.—(1) The Director may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following sums:| (a) | one half of the amount of the maximum fine that is prescribed for the offence; | | (b) | a sum of $3,000. |
| (2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence. |
| (3) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. |
| (4) All sums collected under this section shall be paid to the Consolidated Fund. |
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| Sums ordered to be paid leviable by distress on ship |
| 70. Where any court has power to make an order directing payment to be made of any seafarer’s wages, fines or other sums of money, then, if the party so directed to pay the same is the shipowner employing the seafarer, and the same is not paid at the time and in the manner prescribed in the order, the court which made the order may, in addition to payment, direct the amount remaining unpaid to be levied by distress and sale of the ship and its equipment. |
| Depositions to be received in evidence when witness cannot be produced |
71.—(1) Whenever in the course of any legal proceedings instituted before any court, or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of that proceedings, then upon due proof that the witness cannot be found in Singapore, any deposition that the witness has previously made on oath in relation to the same subject-matter before any judge, magistrate or any consular officer elsewhere shall be admissible in evidence subject to the following provisions:| (a) | if the deposition was made in Singapore, it shall not be admissible in any proceedings instituted in Singapore; and | | (b) | if the proceedings are criminal, it shall not be admissible unless it was made in the presence of the person accused. |
| (2) A deposition so made shall be authenticated by the signature of the judge, magistrate or consular officer before whom it is made; and the judge, magistrate or consular officer shall certify, if the fact is so, that the accused was present at the taking thereof. |
| (3) A deposition so made shall be deemed to be duly authenticated if it purports to be signed by the judge, magistrate or consular officer before whom it is made. |
| (4) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition, and in any criminal proceedings a certificate under this section shall, unless the contrary is proved, be sufficient evidence of the accused having been present in the manner thereby certified. |
| (5) Nothing herein shall affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any written law or interfere with the practice of any court in which depositions not authenticated as hereinbefore mentioned are admissible. |
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| Proof of attestation not required |
| 72. Where any document is required by this Act to be executed in the presence of or to be attested by any witness, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness. |
| Admissibility of documents in evidence |
73.—(1) The following documents shall be admissible in evidence:| (a) | any register under Part II of the Merchant Shipping Act (Cap. 179) on its production from the custody of the Registrar of Singapore ships or other person having lawful custody thereof; | | (b) | a certificate of registry under Part II of the Merchant Shipping Act purporting to be signed by the Registrar of Singapore ships; | | (c) | any amendment to a certificate of registry purporting to be signed by the Registrar of Singapore ships; | | (d) | every declaration made in pursuance of Part II of the Merchant Shipping Act in respect of a Singapore ship; | | (e) | a declaration issued under section 50; | | (f) | a certificate issued or purported to be issued in accordance with sections 27, 51 and 52. |
| (2) The documents mentioned in subsection (1) shall, on their production from the proper custody, be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence, and, subject to all just exceptions, shall be evidence of the matters stated therein in pursuance of this Act or by any officer in pursuance of his duties as such officer. |
| (3) A copy of any such document or extract therefrom shall also be so admissible in evidence, if proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish such certified copy or extract to any person applying at a reasonable time for the certified copy or extract, upon payment of such fee as may be prescribed. |
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74.—(1) Where for the purposes of this Act, any document is to be served on any person, that document may be served —| (a) | in any case by delivering a copy thereof personally to the person to be served, or by leaving the copy at his last known place of residence or place of business; | | (b) | if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the document for him on board that ship with the person being or appearing to be in command or charge of the ship; and | | (c) | if the document is to be served on the master of a ship, where there is no master, and the ship is in Singapore, on the operator of the ship, or on some agent of the owner residing in Singapore, or by affixing a copy thereof at the means of access to the ship, or in any place on board the ship which appears to be frequented by people. |
| (2) Any person who obstructs the service on the master of a ship of any document shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
| (3) Any shipowner or master of the ship who is party or privy to such obstruction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Mode of making declarations |
75.—(1) Any declaration required by this Act may be made before the Director, a Justice of the Peace, a Commissioner for Oaths, a surveyor of ships or any other person authorised to take or receive a declaration by any law in force in Singapore.| (2) Any declaration required by this Act may be made on behalf of a body corporate by the director, manager, secretary or other officer, or any other agent of the body corporate authorised by the body corporate for that purpose. |
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| Director may authorise person to exercise powers and duties |
| 76. The powers conferred and the duties imposed on the Director under this Act may, subject to his directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director. |
| Protection from personal liability |
77. No liability shall lie personally against the Director or any member, officer or employee of the Authority acting under the direction of the Director or the Authority for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with —| (a) | the exercise or purported exercise of any power under this Act; | | (b) | the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act; or | | (c) | the compliance or purported compliance with this Act. |
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| Persons appointed or authorised under this Act deemed public servants |
| 78. Every person appointed or authorised under this Act for any of the purposes of this Act, when acting in pursuance of any such purpose, shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224). |
| Powers of Authority to prescribe fees, recovery of fees and application of moneys |
79.—(1) The Authority may, with the approval of the Minister, make regulations prescribing the fees to be paid in respect of the issue or recording of any certificate or other document or the doing of any other thing in pursuance of this Act.| (2) All fees prescribed under this Act shall be paid to the Authority. |
| (3) All fees due to or which may be recovered by the Authority under this Act shall, without prejudice to any other remedy, be recoverable in the same manner as salvage is recoverable. |
| (4) The Authority may, where it considers appropriate in a particular case, waive, refund or remit the whole or any part of any fee paid or payable to it. |
(5) For the purposes of this section, “fees” includes —| (a) | the fees in respect of any certificate or document issued under this Act; and | | (b) | the fees in respect of services rendered to or in relation to a ship by the Director or a person authorised by the Director. |
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| (6) All moneys recovered or received under this Act shall be paid to the Authority. |
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80.—(1) The Director may, on the application of any person, exempt that person from complying with any requirement of this Act or any regulations made under this Act.(2) An exemption under subsection (1) —| (a) | shall not be inconsistent with Singapore’s obligations under the Convention; | | (b) | may be granted subject to such terms or conditions as the Director considers appropriate; | | (c) | shall have effect for such period as the Director considers appropriate; and | | (d) | shall be in writing and sent by the Director to the person to whom the exemption is granted. |
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| (3) The Director shall notify any applicant in writing of its decision under subsection (1) not to grant an exemption. |
| (4) An exemption under subsection (1) shall, unless previously revoked in accordance with the terms of such exemption or under subsection (5), continue in force for such period as may be specified in the exemption. |
(5) The Director may, on the application of any person —| (a) | extend the period for which an exemption granted under subsection (1) has effect; | | (b) | vary or revoke any existing term or condition specified in an exemption granted under subsection (1); | | (c) | revoke, whether wholly or partly, any exemption granted to a person under subsection (1); or | | (d) | impose additional terms or conditions in an exemption granted under subsection (1). |
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81.—(1) The Minister may, after consulting the Authority, by order published in the Gazette, add to or amend any of the Schedules.| (2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient. |
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82.—(1) The Authority may, with the approval of the Minister, make such regulations as may be necessary or expedient —| (a) | for carrying out the purposes and provisions of this Act and for the due administration thereof; | | (b) | for prescribing anything which may be prescribed under this Act; and | | (c) | for the purpose of giving effect to any provision of the Convention which has not been given effect to in this Act. |
(2) Without prejudice to the generality of subsection (1), regulations may be made to —| (a) | prescribe the form of any document or certificate that may be required and to prescribe different forms for different circumstances; | | (b) | make different provision for different descriptions of persons or ships or for persons or ships of the same description in different circumstances; | | (c) | prescribe the standards of medical fitness and conditions to be satisfied by a seafarer; | | (d) | prescribe the conditions to be complied with for recognition of medical practitioners qualified to assess the medical fitness of seafarers and for medical certification; | | (e) | prescribe the contents of a medical fitness certificate; | | (f) | provide for the recognition by the Director of foreign medical fitness certificates on such conditions as the Director may determine; | | (g) | provide for the registration of provisions in a collective agreement or other agreement between a seafarer and shipowner setting out exceptions to hours of rest; | | (h) | regulate the conditions under which a young seafarer may be employed in night work; | | (i) | regulate the manner and method for calculating wages for normal hours of work and overtime; | | (j) | prescribe the information relating to wages that is to be provided to a seafarer; | | (k) | regulate the manner and method of payment and allotment of wages; | | (l) | prescribe the requirements for the repatriation of seafarers; | | (m) | provide for the recognition by the Director of foreign qualifications for qualified cooks on such conditions as the Director may determine; | | (n) | prescribe the requirements for the training of catering staff and persons processing food in the galley; | | (o) | regulate the issuance, cancellation, suspension and alteration of a certificate of proficiency as a ship’s cook; | | (p) | prescribe the costs of repatriation that may be recoverable by a seafarer from a shipowner; | | (q) | prescribe the standards of training of seafarers in medical care and medical first-aid, and to regulate the issuance of certificates of proficiency in relation thereto; | | (r) | prescribe the requirements for a medicine chest, medical equipment and medical guide to be carried on board a ship, and for their inspection and maintenance; | | (s) | define the types of injury or sickness of a seafarer that a shipowner may be liable to bear the costs or provide financial security for; | | (t) | prescribe the occupational safety and health programmes to be adopted on a ship, and to prescribe measures to prevent occupational accidents, injuries and diseases on board a ship; | | (u) | prescribe the standards relating to occupational safety and health on board a ship, having regard to recognised international standards; | | (v) | prescribe the requirements for the reporting of any occupational accident, injury or disease on board a ship; | | (w) | provide for the implementation of safeguards and safety measures on board Singapore ships and the duties of the shipowner, master or seafarers in relation to the implementation of the safeguards and safety measures; | | (x) | provide for the conduct of any risk assessment or safety and health arrangement on board Singapore ships and the duties of the shipowner, master or seafarers in relation to the conduct of the risk assessment or the safety and health arrangement; and | | (y) | regulate the keeping of records of any inspection conducted by a master under section 41(2). |
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| (3) The Authority may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations shall be an offence punishable with a fine not exceeding $10,000. |
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| Related amendments to Employment Act |
83. Section 2(1) of the Employment Act (Cap. 91, 2009 Ed.) is amended —| (a) | by deleting the word “seaman” in paragraph (a) of the definition of “employee” and substituting the word “seafarer”; | | (b) | by inserting, immediately after the definition of “salary”, the following definition:“ “seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —| (a) | a pilot; | | (b) | a port worker; | | (c) | a person temporarily employed on the ship during the period it is in port; and | | (d) | a person who is employed or engaged or works in any capacity on board a harbour craft or pleasure craft licensed under regulations made under section 41 of the Maritime and Port Authority of Singapore Act (Cap. 170A), when the harbour craft or pleasure craft is used within a port declared by the Minister under section 3 of that Act;”; and |
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| | (c) | by deleting the word “seaman” in paragraph (a) of the definition of “workman” and substituting the word “seafarer”. |
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| Related amendments to Merchant Shipping Act |
84.—(1) Section 2 of the Merchant Shipping Act (Cap. 179, 1996 Ed.) (referred to in this section as the principal Act) is amended —| (a) | by inserting, immediately after the definition of “court” in subsection (1), the following definition:“ “crew” means the following:| (a) | if the ship is a ship to which the Merchant Shipping (Maritime Labour Convention) Act 2014 applies, all the seafarers employed on board that ship; | | (b) | if the ship is not a ship mentioned in paragraph (a), the master and all the seamen employed on board that ship;”; |
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| | (b) | by inserting, immediately after the definition of “crew agreement” in subsection (1), the following definition:| “ “crew member” means a member of the crew;”; |
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| | (c) | by deleting the definition of “port of return” in subsection (1) and substituting the following definition:“ “port of return” means such port as is agreed upon by the crew member and his employer in the crew agreement or seafarer’s employment agreement, as the case may be, or otherwise, or, in the absence of agreement —| (a) | Singapore, in the case of a crew member who is resident in Singapore; or | | (b) | the port where the crew member was employed or joined the ship, in any other case;”; |
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| | (d) | by inserting, immediately after the definition of “sea” in subsection (1), the following definitions:| “ “seafarer” has the same meaning as in the Merchant Shipping (Maritime Labour Convention) Act 2014; |
| “seafarer’s employment agreement” has the same meaning as in the Merchant Shipping (Maritime Labour Convention) Act 2014;”; and |
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| | (e) | by deleting the word “seaman” in subsection (3)(a) and (b) and substituting in each case the words “crew member”. |
(2) Section 18(5) of the principal Act is amended by deleting paragraph (d) and substituting the following paragraph:| “(d) | any outstanding claim of any crew member of the ship in respect of wages which has been notified to the Director.”. |
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(3) Section 20(1) of the principal Act is amended by deleting paragraph (d) and substituting the following paragraph:| “(d) | any outstanding claim of any crew member of the ship in respect of wages which has been notified to the Director.”. |
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(4) Section 42(1) of the principal Act is amended by deleting paragraph (d) and substituting the following paragraph:| “(d) | outstanding claim of any crew member of the ship in respect of wages which has been notified to the Director.”. |
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(5) Section 52 of the principal Act is amended —| (a) | by inserting, immediately after subsection (1), the following subsection:| “(1A) Sections 53, 54, 55, 56, 57, 58, 59, 62, 63, 64, 72, 73, 74, 75(1), 80, 81, 82, 83, 85, 86, 95 and 96 shall not apply to any ship to which the Merchant Shipping (Maritime Labour Convention) Act 2014 applies.”; and |
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| | (b) | by deleting “71,” in subsection (3). |
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(6) Section 60 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears in subsection (1) and substituting in each case the words “crew member”; | | (b) | by inserting, immediately after the words “this Act” in subsection (2), the words “or the Merchant Shipping (Maritime Labour Convention) Act 2014”; and | | (c) | by deleting the marginal note and inserting the following section heading:| “Restriction on attachment or assignment of and charge upon crew member’s wages”. |
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| (7) Sections 61, 66 and 84 of the principal Act are amended by deleting the word “seaman” wherever it appears and substituting in each case the words “crew member”. |
(8) Section 65 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears and substituting in each case the words “crew member”; and | | (b) | by deleting the marginal note and inserting the following section heading:| “Compensation to crew member improperly discharged”. |
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(9) Section 67 of the principal Act is amended —| (a) | by deleting the words “lien, his remedies” in subsection (1) and substituting the words “lien and a crew member’s remedies”; and | | (b) | by deleting the word “seaman” in subsection (2) and substituting the words “crew member”. |
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(10) Section 69 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears and substituting in each case the words “crew member”; and | | (b) | by deleting the marginal note and inserting the following section heading:| “Powers of court in case of unreasonable delay in paying crew member’s wages”. |
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(11) Section 70 of the principal Act is amended —| (a) | by deleting subsection (1) and substituting the following subsections:“(1) The Authority may, with the approval of the Minister, make regulations —| (a) | requiring such provisions and drinking water to be provided for crew members employed on ships; | | (b) | providing for the quality, nutritional value and quantity of provisions and drinking water to be provided; | | (c) | regulating the storage and handling of provisions and drinking water; and | | (d) | regulating the organisation and equipment of the catering department. |
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| (1A) The owner and master of a ship shall ensure that provisions and drinking water provided in accordance with subsection (1) are provided free of charge to all crew members while they are on board.”; and |
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| | (b) | by deleting the word “seamen” in subsections (2), (3) and (4) and substituting in each case the words “crew members”. |
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| (12) Section 71 of the principal Act is amended by deleting the word “seamen” wherever it appears in subsections (1) and (2) and substituting in each case the words “crew members”. |
| (13) Section 84 of the principal Act is amended by deleting the word “seaman” and substituting the words “crew member”. |
(14) Section 87(1) of the principal Act is amended —| (a) | by deleting the word “seaman” in paragraphs (a) and (b) and substituting in each case the words “crew member”; | | (b) | by deleting the words “seaman’s death” in paragraph (c) and substituting the words “crew member’s death”; and | | (c) | by deleting the marginal note and inserting the following section heading:| “Custody, etc., of property of deceased crew members”. |
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(15) Section 88 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears in subsections (1) and (3)(d) and substituting in each case the words “crew member”; | | (b) | by deleting the words “seaman’s next of kin in the crew agreement in which the seaman’s name” in subsection (3)(a) and substituting the words “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”; | | (c) | by deleting the words “seaman’s estate” in subsection (3)(c) and substituting the words “crew member’s estate”; and | | (d) | by deleting the marginal note and inserting the following section heading:| “Disposal of property of deceased crew members”. |
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| (16) Section 100(2) of the principal Act is amended by inserting, immediately after the word “accommodation” in paragraph (b), the words “and recreational facilities”. |
(17) Section 111 of the principal Act is amended —| (a) | by deleting the words “the master or seaman” and substituting the words “a crew member”; | | (b) | by deleting the words “any master or seaman” and substituting the words “any crew member”; and | | (c) | by deleting the marginal note and inserting the following section heading:| “Crew member may claim discharge if ship is unsafe”. |
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| (18) Section 112(1) of the principal Act is amended by deleting the words “person employing the master and seamen and the master or any seaman thereof” and substituting the words “person employing the crew members and any crew member thereof”. |
(19) Section 115 of the principal Act is amended —| (a) | by deleting the words “the master of, or any seaman” in subsection (1) and substituting the words “any crew member”; | | (b) | by deleting the words “master or seaman” in subsection (3)(b) and substituting the words “crew member”; and | | (c) | by deleting the words “a master or seaman” in paragraph (a) of the definition of “duty” in subsection (7) and substituting the words “any crew member”. |
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(20) Section 183 of the principal Act is amended —| (a) | by deleting the words “master’s or seaman’s wages” and substituting the words “crew member’s wages”; and | | (b) | by deleting the words “master or seaman” and substituting the words “crew member”. |
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| (21) Section 203(2) of the principal Act is amended by deleting the word “seamen” and substituting the words “crew members”. |
| (22) Section 205(1) of the principal Act is amended by deleting the words “the crew and passengers of” in paragraph (d) and substituting the words “all persons on board”. |
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| Related amendments to Work Injury Compensation Act |
85.—(1) Section 2(1) of the Work Injury Compensation Act (Cap. 354, 2009 Ed.) is amended by deleting the words “meaning of the Merchant Shipping Act (Cap. 179) and includes the master of any such ship” in the definition of “seaman” and substituting the words “meanings of “crew” and “Singapore ship” in the Merchant Shipping Act (Cap. 179)”.(2) Section 20 of the Work Injury Compensation Act is amended —| (a) | by inserting, immediately after the words “or any part thereof” in paragraph (d), the words “(other than the Merchant Shipping (Maritime Labour Convention) Act 2014)”; and | | (b) | by deleting the full‑stop at the end of paragraph (d) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:| “(e) | where a seaman has received payment under section 35 of the Merchant Shipping (Maritime Labour Convention) Act 2014 for the cost of medical treatment in respect of any injury within the meaning of this Act, the amount of compensation payable to the seaman under section 14(2) for the cost of medical treatment in respect of that injury shall be reduced by the amount so received; | | (f) | where a seaman has received payment under section 36 of the Merchant Shipping (Maritime Labour Convention) Act 2014 for loss of earnings in respect of any injury within the meaning of this Act, the amount of compensation payable to the seaman under section 14A for any temporary incapacity resulting from that injury shall be reduced by the amount so received.”. |
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| Savings and transitional provisions |
86.—(1) Any seaman’s discharge book or any certificate of discharge issued under regulations made under section 54 of the Merchant Shipping Act before the appointed day shall be deemed to be a seafarer’s discharge book or a certificate of discharge issued under regulations made under section 14(13) of this Act.| (2) Where a seaman is discharged before the appointed day from a ship to which this Act applies, the Merchant Shipping Act in force immediately before the appointed day shall continue to apply in respect of any unpaid wages due to such seaman under a crew agreement relating to the ship. |
| (3) Notwithstanding section 84(5) of this Act, section 59 of the Merchant Shipping Act in force immediately before the appointed day shall continue to apply in respect of any dispute arising from a ship to which this Act applies, that was submitted to the Director for decision under section 59 of the Merchant Shipping Act before the appointed day. |
| (4) Where an allotment note is issued before the appointed day in accordance with regulations made under section 62 of the Merchant Shipping Act, in respect of wages which a seaman will become entitled in the course of his employment on a ship to which this Act applies, the Merchant Shipping Act in force immediately before the appointed day shall continue to apply in relation to such allotment note, including its enforcement. |
| (5) Notwithstanding section 84(5) of this Act, section 72 of the Merchant Shipping Act in force immediately before the appointed day shall continue to apply in relation to any complaint that was made by a seaman under section 72 of the Merchant Shipping Act before the appointed day. |
| (6) A certificate issued by a registered pharmacist under regulation 10 of the Merchant Shipping (Medical Stores) Regulations (Cap. 179, Rg 3) in respect of a ship to which this Act applies, before the appointed day, shall be deemed to have been issued under the corresponding provision of the regulations relating to medical stores made under section 82(2)(r) of this Act, and the certificate shall remain valid until the date of expiry of the certificate or the date of the next inspection, whichever is the earlier. |
| (7) Notwithstanding section 84(5) of this Act, where a seaman suffers sickness or an injury before the appointed day, section 75 of the Merchant Shipping Act in force immediately before the appointed day shall continue to apply in relation to the liability for expenses and compensation relating to such sickness or injury. |
| (8) Sections 35 and 36 of this Act shall apply in relation to a sickness or injury occurring on or after the appointed day. |
| (9) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such provisions of a savings or transitional nature consequent on the enactment of that provision as he may consider necessary or expedient. |
| (10) In this section, “appointed day” means the date of commencement of this Act. |
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