Courts (Admiralty Jurisdiction) Ordinance

Bill No. 153/1961

Read the first time on 20th November 1961.

An Ordinance to amend the law relating to Admiralty jurisdiction, legal proceedings in connection with ships and aircraft and the arrest of ships and other property and for purposes connected therewith and to repeal certain provisions of the Merchant Shipping Ordinance (Chapter 207 of the Revised Edition).

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1. This Ordinance may be cited as the Courts (Admiralty Jurisdiction) Ordinance, 1961, and shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.

Interpretation

2.—(1) In this Ordinance, unless the context otherwise requires —

“ship” includes any description of vessel used in navigation;

“goods” includes baggage;

“collision regulations” means regulations made under section 418 of the Merchant Shipping Act, 1894, and any rules made under section 262 of the Merchant Shipping Ordinance;

[57 and 58 Vict. c. 60.]

“master” has the same meaning as in the Merchant Shipping Ordinance (Cap. 207) and accordingly includes every person (except a pilot) having command or charge of a ship;

“towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is waterborne;

“the Rhine Navigation Convention” means the Convention of the 7th day of October, 1868, as revised by any subsequent Convention.

Admiralty Jurisdiction of the High Court

3.—(1) The Admiralty jurisdiction of the High Court shall be as follows, that is to say, jurisdiction to hear and determine any of the following questions or claims: —

(a)	any claim to the possession or ownership of a ship or to the ownership of any share therein;
(b)	any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;
(c)	any claim in respect of a mortgage of or charge on a ship or any share therein;
(d)	any claim for damage done by a ship;
(e)	any claim for damage received by a ship;
(f)	any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;
(g)	any claim for loss of or damage to goods carried in a ship;
(h)	any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
(i)	subject to the provisions of section 369 of the Merchant Shipping Ordinance (Cap. 207) (which requires salvage disputes to be determined summarily in certain cases), any claim in the nature of salvage (including any claim arising by virtue of the application, by or under section 51 of the Civil Aviation Act, 1949, as extended to Singapore by the Colonial Civil Aviation (Application of Act) Order, 1952, made under section 66 of that Act, of the law relating to salvage to aircraft and their apparel and cargo); [12, 13 and 14 Geo. 6 c. 67.]
(j)	any claim in the nature of towage in respect of a ship or an aircraft;
(k)	any claim in the nature of pilotage in respect of a ship or an aircraft;
(l)	any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
(m)	any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;
(n)	any claim by a master or member of the crew of a ship for wages and any claim by or in respect of a master or member of the crew of a ship for any money or property which, under any of the provisions of the Merchant Shipping Ordinance is recoverable as wages or in the court and in the manner in which wages may be recovered;
(o)	any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;
(p)	any claim arising out of an act which is or is claimed to be a general average act;
(q)	any claim arising out of bottomry;
(r)	any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty,

together with any other jurisdiction connected with ships or aircraft as may be vested in the High Court apart from this section.

(2) The jurisdiction of the High Court under paragraph (b) of subsection (1) of this section includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.

(3) The reference in paragraph (i) of subsection (1) of this section to claims in the nature of salvage includes a reference to such claims for services rendered in saving life from a ship or an aircraft or in preserving cargo, apparel or wreck as, under sections 367 and 368 of the Merchant Shipping Ordinance or any regulations made under Part V of the First Schedule to the Colonial Civil Aviation (Application of Act) Order, 1952, are authorised to be made in connection with a ship or an aircraft.

(4) The Preceding provisions of this section apply —

(a)	in relation to all ships or aircraft, whether British or not and whether registered or not and wherever the residence or domicile of their owners may be;
(b)	in relation to all claims, wheresoever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and
(c)	so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law:

Provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Ordinance.

Mode of exercise of Admiralty jurisdiction

4.—(1) Subject to the provisions of section 5 of this Ordinance, the Admiralty jurisdiction of the High Court may in all cases be invoked by an action in personam.

(2) The Admiralty jurisdiction of the High Court may in the cases mentioned in paragraphs (a) to (c) and (r) of subsection (1) of section 3 of this Ordinance be invoked by an action in rem against the ship or property in question.

(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, the Admiralty jurisdiction of the High Court may be invoked by an action in rem against that ship, aircraft or property.

(4) In the case of any such claim as is mentioned in paragraphs (d) to (q) of subsection (1) of section 3 of this Ordinance, being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of the action arose, the owner or charterer of, or in possession or in control of, the ship, the Admiralty jurisdiction of the High Court may (whether the claim gives rise to a maritime lien on the ship or not) be invoked by an action in rem against —

(a)	that ship, if at the time when the action is brought it is beneficially owned as respects all the shares therein by that person; or
(b)	any other ship which, at the time when the action is brought, is beneficially owned as aforesaid.

(5) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, the Admiralty jurisdiction of the High Court may be invoked by an action in rem against that aircraft if at the time when the action is brought it is beneficially owned by the person who would be liable on the claim in an action in personam.

(6) Notwithstanding anything in the preceding provisions of this section, the Admiralty jurisdiction of the High Court shall not be invoked by an action in rem in the case of any such claim as is mentioned in paragraph (n) of subsection (1) of section 3 of this Ordinance unless the claim relates wholly or partly to wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages).

(7) Where, in the exercise of its Admiralty jurisdiction, the High Court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.

(8) In determining for the purposes of subsections (4) and (5) of this section whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within the State of Singapore.

Jurisdiction in personam of courts in collision and other similar cases

5.—(1) No court shall entertain an action in personam to enforce a claim to which this section applies unless —

(a)	the defendant has his habitual residence or a place of business within the State of Singapore; or
(b)	the cause of action arose within inland waters of Singapore or within the limits of a port of Singapore; or
(c)	an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

In this subsection —

“inland waters” includes any part of the sea adjacent to the coast of the State of Singapore certified by the Secretary of State to be waters falling by international law to be within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters;

“port” means any port or place declared to be a port under section 6 of the Merchant Shipping Ordinance (Cap. 20), and includes all such navigable rivers and channels leading thereto as are declared to be part thereof under section 7 thereof and “limits of a port” means the limits thereof as defined in such declaration.

(2) No court shall entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside Singapore against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

(3) The preceding provisions of this section shall apply to counter-claims (not being counter-claims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counter-claim and the defendant to the counter-claim.

(4) The preceding provisions of this section shall not apply to any action or counter-claim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.

(5) Subject to the provisions of subsection (2) of this section, the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection.

(6) The claims to which this section applies are claims for damage, loss of life or personal injury arising out of a collision between ships or out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships or out of non-compliance, on the part of one or more of two or more ships, with the collision regulations.

Wages

6.—(1) Section 91 of the Merchant Shipping Ordinance (which imposes restrictions on suits for wages) is hereby repealed.

(2) Nothing in this Ordinance shall be construed as limiting the jurisdiction of the court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a British ship.

Courts not to have jurisdiction in cases falling within Rhine Conventions

7. No court shall have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions thereof and any proceedings to enforce such a claim which are commenced in any such court shall be set aside.

Repeal and saving

8.—(1) Section 480 of the Merchant Shipping Ordinance (which relates to the detention of ships in certain cases) is hereby repealed but nothing in this Ordinance shall affect the provisions of section 373 of the Merchant Shipping Ordinance (which relates to the power of a receiver of wreck to detain a ship in respect of a salvage claim).

(2) The provisions of paragraph (c) of section 17 of the Courts Ordinance (Cap. 3) shall have effect subject to the provisions of this Ordinance.

(3) Nothing in this Ordinance shall authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or of any cargo or other property belonging to the Crown.

In this subsection “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings assigned to them by subsection (2) of section 38 of the Crown Proceedings Act, 1947.

[10 and 11 Geo. 6 c. 44.]

Supplemental and transitional provisions

9. Nothing in any provision in this Ordinance or in any repeal consequential thereon shall affect proceedings in respect of any cause of action arising before the coming into operation thereof.

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