Merchant Shipping (Amendment) Bill

Bill No. 16/1970

Read the first time on 7th May 1970.
An Act to amend the Merchant Shipping Ordinance (Chapter 207 of the Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —
Short title and commencement
1.  This Act may be cited as the Merchant Shipping (Amendment) Act, 1970, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Repeal of section 2
2.  Section 2 of the Merchant Shipping Ordinance (hereinafter in this Act referred to as “the Ordinance”) is hereby repealed.
Amendment of section 3
3.  Paragraph (a) of section 3 of the Ordinance is hereby amended —
(a)by inserting immediately before the definition of “buoys and beacons” appearing therein the following new definition: —
“ “alteration” includes deterioration;”;
(b)by inserting immediately after the definition of “Consular Officer” appearing therein the following new definition: —
“ “country to which the Load Lines Convention applies” means —
(a)a country the government of which has been declared by the Minister, by notification in the Gazette, to have accepted the Load Lines Convention, and has not been so declared to have denounced that Convention; and
(b)a territory to which it has been so declared that the Load Lines Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend;”;
(c)by inserting immediately after the definition of “lighthouse” appearing therein the following new definitions: —
“ “load lines” means such lines as are referred to in paragraph (e) of subsection (2) of section 296 of this Ordinance;
“Load Lines Convention” means the International Convention on Load Lines signed in London on the 5th day of April, 1966, and the regulations annexed thereto;”; and
(d)by deleting the words “ship belonging to Her Majesty” appearing in the third line of the definition of “salvor” therein and substituting therefor the words “naval ship”.
Repeal and re-enactment of section 5
4.  Section 5 of the Ordinance is hereby repealed and the following substituted therefor: —
“Exemption of naval vessels
5.—(1)  Except in Part VIII or where the contrary intention appears, this Ordinance shall not apply to or in relation to a vessel belonging to the naval, military or air forces of Singapore or of any other country, including a foreign country.
(2)  This Ordinance shall, with the exception of Part III and except where special provision is made by rules made by the Minister, apply to all ships belonging to or in the employment of the Government, and in such application the word “Director” shall be read for “owner”.”.
Amendment of section 12
5.  Subsection (2) of section 12 of the Ordinance is hereby amended —
(a)by deleting the words “within the Colony” appearing at the end of paragraph (a) thereof; and
(b)by deleting the words “within the Colony while such ships are within the Colony” appearing at the end of paragraph (c) thereof and substituting therefor the words “in Singapore”.
Amendment of section 19
6.  Section 19 of the Ordinance is hereby amended —
(a)by deleting the expression “or under any written law in force before the first day of December, 1912,” appearing in the fourth and fifth lines thereof; and
(b)by deleting the expression “the Federation of Malaya, Sarawak, North Borneo” appearing in the ninth line thereof and substituting therefor the word “Malaysia”.
Amendment of section 28
7.  Section 28 of the Ordinance is hereby amended by deleting the expression “or of any written law in force before the first day of December, 1912,” appearing in the seventh and eighth lines thereof.
Amendment of section 29
8.  Subsection (1) of section 29 of the Ordinance is hereby amended by deleting the expression “or under any written law in force before the first day of December, 1912,” appearing in the second and third lines thereof.
Amendment of section 55
9.  Paragraph (c) of subsection (1) of section 55 of the Ordinance is hereby amended by deleting the word “Crown” appearing in the first line thereof and substituting therefor the word “Government”.
Amendment of section 65
10.  Subsection (1) of section 65 of the Ordinance is hereby amended by inserting immediately after the word “deliver” appearing in the second line thereof the words “to the seaman”.
Amendment of section 90
11.  Section 90 of the Ordinance is hereby amended by deleting the expression “in or near the place at which his service has terminated, or at which he has been discharged, or at which any person, on whom the claim is made, is or resides,” appearing in the fifth, sixth and seventh lines thereof.
Amendment of section 103
12.  Section 103 of the Ordinance is hereby amended —
(a)by deleting the word “Treasury” appearing at the end of subsection (1) thereof and substituting therefor the words “Consolidated Fund”; and
(b)by deleting the word “Treasury” appearing at the end of subsection (2) thereof and substituting therefor the words “Consolidated Fund”.
Amendment of section 106
13.  Section 106 of the Ordinance is hereby amended —
(a)by deleting the word “Crown” appearing in the third line of subsection (1) thereof and substituting therefor the word “Government”;
(b)by deleting the word “Crown” appearing in the fifth line of subsection (1) thereof and substituting therefor the words “Government of Singapore”;
(c)by deleting the word “Crown” appearing in the thirteenth line of subsection (1) thereof and substituting therefor the word “Government”;
(d)by deleting the expression “Crown, either under the Crown Suits Ordinance,” appearing in the third and fourth lines of subsection (2) thereof and substituting therefor the expression “Government, either under the Government Proceedings Ordinance, 1956,”;
(e)by deleting the marginal reference “Cap. 12.” to subsection (2) thereof and substituting therefor the expression “M. Ord. 58 of 1956 (RS (A) 25/ 66).”; and
(f)by deleting the word “Crown” appearing at the end of subsection (3) thereof and substituting therefor the word “Government”.
Amendment of section 111
14.  Subsection (2) of section 111 of the Ordinance is hereby amended by deleting the words “consignee thereof” appearing at the end thereof and substituting therefor the words “charterer of the ship”.
Amendment of section 114
15.  Section 114 of the Ordinance is hereby amended —
(a)by deleting the word “Crown” appearing in the fifth line of subsection (1) thereof and substituting therefor the word “Government”;
(b)by deleting the expression “Crown, either under the Crown Suits Ordinance” appearing in the ninth and tenth lines of subsection (2) thereof and substituting therefor the expression “Government, either under the Government Proceedings Ordinance, 1956”; and
(c)by deleting the marginal reference “Cap. 12.” to subsection (2) thereto and substituting therefor the expression “M. Ord. 58 of 1956 (RS (A) 25/ 66).”.
Amendment of section 124
16.  Subsection (1) of section 124 of the Ordinance is hereby amended by deleting the words “Her Majesty’s Service” appearing in the second and third lines thereof and substituting therefor the words “the service of the Government”.
Amendment of section 146
17.  Paragraph (c) of subsection (5) of section 146 of the Ordinance is hereby amended by deleting the words “Her Majesty’s” appearing in the second line thereof and substituting therefor the word “the”.
Amendment of section 147
18.  Paragraph (j) of subsection (1) of section 147 of the Ordinance is hereby amended by deleting the words “Her Majesty’s” appearing therein and substituting therefor the word “the”.
Amendment of section 162
19.  Subsection (2) of section 162 of the Ordinance is hereby amended by deleting the words “request on containing” appearing therein and substituting therefor the words “request and containing”.
Amendment of section 200
20.  Section 200 of the Ordinance is hereby amended by deleting paragraph (a) thereof and substituting therefor the following: —
“(a)that there is in force in respect of the ship a certificate or certificates as required by section 155 or, in the case of a ship belonging to a country to which the Safety Convention applies, a Safety Convention Certificate applicable to the voyage on which she is about to proceed;”.
Amendment of section 209
21.  Subsection (1) of section 209 of the Ordinance is hereby amended by deleting the words “Surveyor of Ships” appearing in the fourth line thereof and substituting therefor the word “Surveyor-General”.
Amendment of section 246
22.  Section 246 of the Ordinance is hereby amended —
(a)by deleting the words “Surveyor of Ships” appearing in the third line of subsection (1) thereof and substituting therefor the word “Surveyor-General”; and
(b)by deleting the words “the Surveyor of Ships” appearing in subsection (2) thereof and substituting therefor the words “a surveyor of ships”.
Repeal and re-enactment of sections 277 to 294
23.  Sections 277 to 294 of the Ordinance are hereby repealed and the following substituted therefor: —
“Load Line and Loading
Ships to which sections 278 to 296 apply
277.—(1)  The provisions of sections 278 to 296 of this Ordinance (hereinafter referred to in those sections as “the load line provisions”) shall apply to all ships except —
(a)ships of war;
(b)wooden ships of primitive build of less than two hundred tons gross tonnage not fitted with any mechanical means of propulsion;
(c)sailing ships under eighty tons plying solely on coasting trade voyages;
(d)ships solely employed in the fishing industry; and
(e)pleasure yachts not engaged in trade.
(2)  For the purposes of paragraph (c) of subsection (1) of this section, the expression “coasting trade voyage” shall mean a voyage in the course of which a ship does not proceed more than thirty miles from the coast of the Malay Peninsula.
Prohibition on proceeding to sea without certificates
278.—(1)  Subject to any exemptions conferred by or under the load line provisions, no ship shall proceed or attempt to proceed to sea from any port or place in Singapore, unless there is in force in respect of the ship —
(a)a load line certificate;
(b)a load line exemption certificate; or
(c)both a load line certificate and a load line exemption certificate,
being certificates which by their terms apply to the voyages on which the ship is about to proceed.
(2)  If any ship proceeds, or attempts to proceed, to sea in contravention of subsection (1) of this section the owner or the master of the ship shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars.
(3)  The master of a ship shall produce to the Director, at the time a clearance for the ship is demanded for an international voyage, a certificate required by subsection (1) of this section to be in force when the ship proceeds to sea; and a clearance shall not be granted, and the ship may be detained until the said certificate is so produced.
Survey and declaration of survey
279.—(1)  The owner, the master or the agent of a ship requiring the issue of any certificate referred to in section 278 of this Ordinance shall apply for the ship to be surveyed.
(2)  The surveyor conducting the survey shall, if satisfied that the ship complies with the relevant conditions laid down in the regulations made under section 296 of this Ordinance, complete a declaration of survey in a form approved by the Minister.
(3)  The declaration of survey shall be sent forthwith by the surveyor to the Minister.
Issue of certificates
280.  Upon receipt of the declaration of survey the Minister shall, if satisfied that the relevant provisions of this Ordinance and the regulations made thereunder have been complied with, issue the appropriate certificate.
Cancellation or suspension of certificates
281.—(1)  Any certificate issued under section 280 of this Ordinance may be cancelled or suspended by the Minister where he has reason to believe that —
(a)any declaration of survey on which the certificate was founded has been in any particular made fraudulently or erroneously;
(b)the certificate has otherwise been issued on false or erroneous information;
(c)since the making of the declaration of survey material alterations have taken place in the hull or superstructures of the ship which affect the position of load lines marked in accordance with regulations made under section 296 of this Ordinance; or
(d)the fittings and appliances for the protection of openings, the guardrails, the freeing ports, or the means of access to the crew’s quarters have not been maintained on the ship in as effective a condition as they were in when the certificate was issued.
(2)  In every such case, the Minister may require the owner to have the ship surveyed again and to obtain a further declaration of survey before the reissue of the certificate or the grant of fresh one in place of it.
Exemptions
282.—(1)  The Minister may exempt any ship or class of ships from the provisions of sections 278 to 296 of this Ordinance or any regulations made thereunder when he is satisfied that the sheltered nature and conditions of voyages undertaken by such ships make it unreasonable or impracticable to apply the said provisions of this Ordinance or the regulations made thereunder.
(2)  The Minister may exempt any ship which embodies features of a novel kind from any of the provisions of sections 278 to 296 of this Ordinance or any regulations made thereunder the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages.
(3)  The Minister may, in relation to a ship which does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, exempt the ship from the provisions of sections 278 to 296 of this Ordinance or any of the regulations made thereunder while the ship is engaged on that voyage.
(4)  The Director may, in relation to a ship to which the Load Lines Convention does not apply and not being a Singapore ship, exempt the ship from the provisions of sections 278 to 296 of this Ordinance or any regulations made thereunder when he is satisfied that the ship belongs to a class of ships which is exempted from the provisions of any law relating to load lines in force in the country in which the ship is registered and it would be unreasonable or impracticable to apply the provisions of sections 278 to 296 of this Ordinance or any regulations made thereunder to the ship.
(5)  Any exemption granted by the Minister under the provisions of this section may be granted subject to such conditions as the Minister thinks fit; and, where any such exemption is conferred subject to conditions, the exemption shall not have effect unless those conditions are complied with.
(6)  The owner, the agent or the master of a Singapore ship which has been granted an exemption by the Minister under the provisions of this section shall, on application to any person appointed in that behalf by the Minister, receive a certificate in the prescribed form to be called a load line exemption certificate.
Minister may authorise organisations to survey ships and issue certificates
283.—(1)  The Minister may approve any organisation for the purposes of surveying ships and issuing certificates under the load line provisions and any regulations made thereunder.
(2)  A certificate issued by any organisation approved by the Minister under subsection (1) of this section shall have effect for the purposes of this Ordinance as if it had been issued by the Minister.
Recognition of certificate issued outside Singapore
284.—(1)  A valid Load Lines Convention certificate issued in respect of a ship, not being a Singapore ship, by the government of the country to which the ship belongs or by any organisation or any body authorised by such government shall, subject to such regulations as the Minister may make in this behalf, have the same effect as the corresponding certificate issued in respect of a Singapore ship under section 280 of this Ordinance.
(2)  A certificate issued by the government of any country, any organisation or any body in respect of a ship to which the Load Lines Convention does not apply and which is not a Singapore ship, and accepted by the Director as equivalent to a corresponding certificate issued in respect of a Singapore ship under section 280 of this Ordinance shall have effect for the purposes of this Ordinance as if that certificate was issued under this Ordinance.
(3)  For the purposes of load line provisions “Load Lines Convention certificate” means a load line certificate issued as an International Load Line Certificate (1966) or an International Load Line Exemption Certificate (1966) in pursuance of the Load Lines Convention.
Issue of certificates to foreign ships in Singapore and to Singapore ships in foreign countries
285.—(1)  The Minister may, at the request of the government of a country to which the Load Lines Convention applies, cause an appropriate Load Lines Convention certificate to be issued in respect of a ship registered in that country if he is satisfied that such certificate can properly be issued, and where the certificate is issued at such request, it shall contain a statement that it has been so issued.
(2)  A certificate issued by the Minister under subsection (1) of this section shall have effect for the purposes of this Ordinance.
(3)  The Minister may request the government of a country to which the Load Lines Convention applies to issue an appropriate Load Lines Convention certificate in respect of a Singapore ship and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Ordinance as if it had been issued by the Minister.
Delivery of certificates
286.—(1)  The Minister may require a certificate issued under the load line provisions which has expired or been cancelled to be delivered up as he directs.
(2)  Any owner or master who fails without reasonable cause to comply with such a requirement shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars.
Penalty for forgery of certificate or declaration
287.  Any person who —
(a)knowingly and wilfully makes or assists in making or procures to be made, a false or fraudulent declaration of survey referred to in section 279 of this Ordinance or certificate referred to in section 278 of this Ordinance; or
(b)forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering or procures to be fraudulently altered, any such declaration or certificate or anything contained in, or any signature to, any such declaration or certificate,
shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years.
Penalty for alteration in ship after certificate obtained
288.  Any master who, after having obtained a certificate under the load line provisions knowingly or negligently, does or suffers to be done anything whereby the certificate bcomes inapplicable to the altered state of the ship or other matters to which the certificate relates, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years.
Publication of certificate and entry of particulars in official log-book
289.—(1)  Where a certificate is issued in respect of a ship under the load line provisions —
(a)the owner of the ship shall forthwith on receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the ship, and shall cause it to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use; and
(b)the master of the ship, before making any other entry in any official log-book relating to the ship, shall enter in it the particulars as to the position of the deck-line and the load lines which are specified in the certificate.
(2)  Before any Singapore ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master of the ship —
(a)shall enter in the official log-book such particulars relating to the depth to which the ship is for the time being loaded as may be prescribed by regulations made by the Minister under this Ordinance; and
(b)subject to subsection (3) of this section, shall cause a notice, in such form and containing such of those particulars as may be specified in those regulations for the purposes of this paragraph, to be posted up in some conspicuous place on board the ship,
and, where such a notice has been posted up, the master of the ship shall cause it to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place.
(3)  The Minister may exempt any class of ships from the requirements as to notices contained in subsection (2) of this section.
(4)  If the owner or the master of a ship fails to comply with any requirement imposed on him by subsections (1) and (2) of this section, he shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars.
Miscellaneous offences in relation to marks
290.  Where a Singapore ship is marked in accordance with any requirements as to marking imposed by or under the load line provisions or any regulations made thereunder, then if —
(a)the owner or the master of the ship fails without reasonable cause to keep the ship so marked; or
(b)any person conceals, removes, alters, defaces or obliterates, or causes or permits any person under his control to conceal, remove, alter, deface or obliterate, any mark with which the ship is so marked, except where he does so under the authority of a person empowered under the regulations made under section 296 of this Ordinance to authorise him in that behalf,
he shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars.
Submersion of load lines
291.—(1)  Where a Singapore ship is marked with load lines in accordance with the regulations made under section 296 of this Ordinance, the ship shall not be so loaded that —
(a)if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or
(b)in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.
(2)  If any ship is loaded in contravention of subsection (1) of this section, the owner or the master of the ship shall, subject to subsection (5) of this section, be guilty of an offence under this Ordinance and shall be liable on conviction —
(a)to a fine not exceeding two thousand dollars; and
(b)to such additional fine, not exceeding an amount calculated in accordance with subsection (3) of this section, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention.
(3)  Any additional fine imposed under paragraph (b) of subsection (2) of this section shall not exceed two thousand dollars for every complete inch, and for any fraction of an inch over and above one or more complete inches, by which —
(a)in a case falling within paragraph (a) of subsection (1) of this section, the appropriate load line on each side of the ship was submerged; or
(b)in a case falling within paragraph (b) of subsection (1) of this section, the appropriate load line on each side of the ship would have been submerged as therein mentioned,
and, if the amount by which that load line was or would have been submerged was less than a complete inch, any such additional fine shall not exceed two thousand dollars.
(4)  If the master of a ship takes the ship to sea when she is loaded in contravention of subsection (1) of this section, or if any other person, having reason to believe that the ship is so loaded, sends or is a party to sending her to sea, then, without prejudice to any fine to which he may be liable in respect of any offence under subsection (2) of this section, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.
(5)  Where a person is charged with an offence under subsection (2) of this section, it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
(6)  Without prejudice to any proceedings under subsections (2) to (5) of this section, any ship which is loaded in contravention of subsection (1) of this section may be detained by the Director until she ceases to be so loaded.
(7)  For the purposes of the application of this section to a ship in any circumstances prescribed by regulations made under section 296 of this Ordinance, the “appropriate load line” means the load line which, in accordance with those regulations, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.
Submersion of load lines on ships not registered in Singapore
292.—(1)  Where a ship, not being a Singapore ship, is within any port or place in Singapore, and is marked with load lines, the ship shall not be so loaded that —
(a)if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or
(b)in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.
(2)  Subsections (2), (3), (5) and (6) of section 291 of this Ordinance shall have effect for the purposes of this section as if any reference in those subsections to subsection (1) of that section, or to paragraph (a) or (b) of the said subsection (1), were a reference to subsection (1) of this section, or as the case may be, to the corresponding paragraph of subsection (1) of this section:
Provided that the ship shall not be detained, and no proceedings shall be brought by virtue of this subsection, unless the ship has been inspected by a surveyor of ships in pursuance of section 295 of this Ordinance.
(3)  In relation to a ship in respect of which a load line certificate is produced, “load line” in subsection (1) of this section means a line marked on the ship in the position of a load line specified in that certificate; and for the purposes of the application of the relevant provisions to such a ship in any circumstances for which a particular load line is specified in the certificate, “the appropriate load line” means the load line, which in accordance with the certificate, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.
(4)  Where a load line certificate is not produced in respect of a ship, then, for the purposes of the application of the relevant provisions to that ship in any circumstances prescribed by the regulations made under section 296 of this Ordinance, “the appropriate load line” means the load line which, in accordance with those regulations, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.
(5)  In subsections (3) and (4) of this section, “the relevant provisions” means the provisions of subsection (1) of this section and any provisions of section 291 of this Ordinance as applied by subsection (2) of this section.
Submersion of subdivision load lines
293.—(1)  Where —
(a)a passenger ship is within any port or place in Singapore and has been marked with subdivision load lines in accordance with any regulations made under this Ordinance or any law of any country made for the purpose of giving effect to the Safety Convention or the Load Lines Convention, that is to say, load lines indicating the depth to which the ship may be loaded having regard to the extent to which she is subdivided and to the space for the time being allotted to passengers; and
(b)the appropriate subdivision load line, that is to say, the subdivision load line appropriate to the space for the time being allotted to passengers on the ship, is lower than the load line indicating the maximum depth to which the ship is for the time being entitled under the load line provisions to be loaded,
the ship shall not be so loaded as to submerge in salt water the appropriate subdivision load line on each side of the ship when the ship has no list.
(2)  If a ship referred to in subsection (1) of this section is loaded in contravention of the provisions of this section, the owner or the master of the ship shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars and to such additional fine, not exceeding the amount calculated in accordance with subsection (3) of this section, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was, or would have been increased by reason of the contravention.
(3)  The additional fine shall not exceed two thousand dollars for every inch or fraction of an inch by which the appropriate subdivision load line on each side of the ship was submerged, or would have been submerged if the ship had had no list.
(4)  Without prejudice to any proceedings under subsections (1), (2) and (3) of this section, a ship which is loaded in contravention of the provisions of this section may be detained by the Director until she ceases to be so loaded.
Inspection of Singapore ships
294.—(1)  A surveyor of ships may inspect any Singapore ship for the purpose of seeing that the load line provisions have been complied with in respect of that ship.
(2)  For the purposes of any such inspection any such surveyor shall have all the powers of an inspector under this Ordinance.
Inspection of ships not registered in Singapore
295.—(1)  A surveyor of ships may go on board any ship, not being a Singapore ship, when within any port or place in Singapore, for the purpose of demanding the production of a load line certificate for the time being in force in respect of the ship.
(2)  If a valid load line certificate is produced to the surveyor on such demand, the surveyor’s powers of inspecting the ship shall be limited to seeing —
(a)that the ship is not loaded beyond the limits allowed by the certificate;
(b)that lines are marked on the ship in the positions of the load lines specified in the certificate;
(c)that no material alterations have taken place in the hull or superstructures of the ship which affect the position in which any of those lines ought to be marked; and
(d)that the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crew’s quarters are in as effective a condition as they were in when the certificate was issued.
(3)  If a valid load line certificate is not produced to the surveyor on such demand as aforesaid, the surveyor shall have the same power of inspecting the ship for the purpose of seeing that the load line provisions have been complied with, as if the ship were a Singapore ship.
Regulations
296.—(1)  The Minister may make such regulations as seem to him necessary or expedient for the purpose of carrying out the load line provisions.
(2)  Without prejudice to the generality of subsection (1) of this section, the Minister may by such regulations provide for —
(a)the survey and periodical inspection of ships and the issue of certificates;
(b)the types and forms of certificates;
(c)determining freeboards to be assigned from time to time to ships;
(d)determining, in relation to any ship, the deck which is to be taken to be the freeboard deck of the ship, and for requiring the position of that deck to be indicated on each side of the ship by a mark of a description prescribed by the regulations;
(e)determining, by reference to that mark and the freeboards for the time being assigned to a ship, the positions in which each side of the ship is to be marked with lines of a description prescribed by the regulations, indicating the various maximum depths to which the ship may be loaded in circumstances prescribed by the regulations;
(f)such requirements in respect of the hulls, superstructures, fittings and appliances of ships to which the load line provisions apply as appear to him to be relevant to the assignment of freeboards to ships; and
(g)the payment of fees for the issue of any certificates.
(3)  Such regulations shall in the case of ships and voyages to which the Load Lines Convention applies include such requirements as appear to the Minister necessary to implement the provisions of the Load Lines Convention.
(4)  Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of any regulations made under this section shall be an offence and in respect of any such offence the offender shall be liable on conviction to a fine not exceeding two thousand dollars.”.
Amendment of section 308
24.  Section 308 of the Ordinance is hereby amended —
(a)by deleting the word “Crown” wherever it appears therein and substituting therefor in each case the word “Government”; and
(b)by deleting the words “public revenue” appearing in the fifth and sixth lines of subsection (1) thereof and substituting therefor the words “Consolidated Fund”.
Amendment of section 309
25.  Section 309 of the Ordinance is hereby amended by deleting the word “Crown” wherever it appears in subsection (3) thereof and substituting therefor in each case the word “Government”.
Amendment of section 315
26.  Section 315 of the Ordinance is hereby amended by deleting the words “general revenue of the Colony” appearing at the end of subsection (8) thereof and substituting therefor the words “Consolidated Fund”.
Amendment of section 351
27.  Section 351 of the Ordinance is hereby amended by deleting the words “Her Majesty’s subjects” appearing in the last line of subsection (2) thereof and substituting therefor the word “persons”.
Amendment of section 352
28.  Section 352 of the Ordinance is hereby amended by deleting the expression “Commissioned Officer on full pay in the naval service of Her Majesty, or Commissioned Officer on full pay in the military service of Her Majesty” appearing in the fifth, sixth and seventh lines of subsection (1) thereof and substituting therefor the words “or commissioned officer on full pay in the armed forces”.
Amendment of section 359
29.  Section 359 of the Ordinance is hereby amended by deleting the expression “, or forfeitures to, the Crown within the Colony” appearing at the end of subsection (2) thereof and substituting therefor the words “the Government”.
Amendment of section 367
30.  Section 367 of the Ordinance is hereby amended by inserting immediately after the word “within” appearing in the second line of subsection (1) thereof the words “Singapore or”.
Amendment of section 370
31.  Section 370 of the Ordinance is hereby amended —
(a)by deleting subsection (1) thereof;
(b)by deleting the words “any such dispute” appearing in the second line of subsection (2) thereof and substituting therefor the words “a dispute as to salvage”; and
(c)by deleting the expression “(2)” appearing in the first line of subsection (2) thereof.
Amendment of section 421
32.  Section 421 of the Ordinance is hereby amended —
(a)by deleting the words “or any rule made under it” appearing in the third line of subsection (1) thereof; and
(b)by deleting the words “or rule” appearing in the fifth line of subsection (2) thereof.
Amendment of section 427
33.  Section 427 of the Ordinance is hereby amended —
(a)by deleting the expression “of Her Majesty, whether in the employment of the Government of the Colony or not,” appearing in the second, third and fourth lines of paragraph (a) of subsection (2) thereof and substituting therefor the words “or employment of the Government”; and
(b)by deleting the word “Colonial” appearing in the last line of subsection (4) thereof and substituting therefor the word “Singapore”.
Amendment of section 445
34.  Section 445 of the Ordinance is hereby amended by deleting the expression “of Her Majesty, whether in the employment of the Government of the Colony or not,” appearing in the third, fourth and fifth lines of paragraph (a) of the definition of “ship subject to this section” appearing in subsection (1) thereof and substituting therefor the words “or employment of the Government”.
Repeal of section 448
35.  Section 448 of the Ordinance is hereby repealed.
Amendment of section 453
36.  Subsection (3) of section 453 of the Ordinance is hereby amended —
(a)by deleting paragraphs (a) and (b) thereof; and
(b)by renumbering paragraphs (c), (d) and (e) thereof as paragraphs (a), (b) and (c) respectively.
Amendment of section 459
37.  Section 459 of the Ordinance is hereby amended by deleting the expression “(3)” appearing in the last line thereof and substituting therefor the expression “(4)”.
Amendment of section 462
38.  Section 462 of the Ordinance is hereby amended by deleting the word “Colonial” appearing in paragraph (f) thereof and substituting therefor the word “territorial”.
Amendment of section 463
39.  Section 463 of the Ordinance is hereby amended by deleting the word “to” appearing in the second line thereof and substituting therefor the word “and”.
Amendment of section 483
40.  Section 483 of the Ordinance is hereby amended by deleting the words “naval or military service of Her Majesty” appearing in the third and fourth lines of subsection (1) thereof and substituting therefor the words “armed forces”.
Amendment of section 494
41.  Section 494 of the Ordinance is hereby amended by deleting the words “of any of Her Majesty’s ships on full pay” appearing in the second and third lines of subsection (1) thereof and substituting therefor the words “on full pay in the armed forces”.
Repeal and re-enactment of section 500
42.  Section 500 of the Ordinance is hereby repealed and the following substituted therefor: —
“Fees
500.  The Minister may prescribe fees for the services performed by any surveyor of ships, radio surveyor or other officer in carrying out any of the powers conferred on the Director, and in carrying out any inspections and surveys under the provisions of this Ordinance and any rules or regulations made thereunder.”.
Repeal of Schedule A
43.  Schedule A of the Ordinance is hereby repealed.
Amendment of Schedule F
44.  Schedule F of the Ordinance is hereby amended by deleting the words “Registrar of Shipping” appearing under the heading “3. MISCELLANEOUS” thereof and substituting therefor the words “Director of Marine”.
Cesser of Order in Council
45.  The Merchant Shipping Load Line Convention (Straits Settlements) No. 1 Order, 1939, and the Merchant Shipping Load Line Convention (Straits Settlements) No. 2 Order, 1939, shall cease to have effect in Singapore.
[G.N. Nos. 3893/39 3894/39.]
Transitional provisions
46.—(1)  Certificates issued under the provisions of the Merchant Shipping Load Line Convention (Straits Settlements) No. 1 Order, 1939, the Merchant Shipping Load Line Convention (Straits Settlements) No. 2 Order, 1939, and sections 277 to 294 of the Ordinance repealed by this Act in respect of any ship shall, until revoked, remain in force and have effect as if they had been issued under the corresponding provisions of the Ordinance.
(2)  Any subsidiary legislation made or having effect as if made under any Order in Council or under sections 277 to 294 of the Ordinance repealed by this Act, shall, until revoked, have effect as if it had been made under the corresponding provisions of the Ordinance.
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Last updated 21 Nov 2024
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