Merchant Shipping (Amendment) Ordinance

Bill No. 171/1962

Read the first time on 14th March 1962.

An Ordinance to amend 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

1. This Ordinance may be cited as the Merchant Shipping (Amendment) Ordinance, 1962.

Repeal and re-enactment of section 412

2. Section 412 of the Merchant Shipping Ordinance is hereby repealed and the following substituted therefor: —

“Limitation of pilot’s liability by bond

412.—(1) A licensed pilot who has given a bond in accordance with subsection (2) of this section shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of such bond and the amount payable to him on account of pilotage in respect of the voyage in which he was engaged when he became so liable.

(2) Every licensed pilot shall give a bond in the sum of one thousand dollars in favour of the Pilot Board for the proper performance of his duties under this Part of this Ordinance and of rules made thereunder.

(3) Any bond by a licensed pilot in accordance with this section shall not be liable to stamp duty.

(4) Where any proceedings are taken against a licensed pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which such proceedings are taken may determine the amount of the pilot’s liability, and, upon payment by the pilot of such amount into court, may distribute such amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who have not submitted their claims within a certain time, and as to requiring security from the pilot, and as to payment of any costs as the court thinks fit.”.

New section 412A

3. The Merchant Shipping Ordinance is hereby amended by inserting immediately after section 412 thereof the following new section: —

“Pilot to be deemed to be the servant of the owner or master of a ship

412A. Any licensed pilot whilst engaged in any pilotage act shall, notwithstanding that he may be employed at a salary by a general employer, be deemed to be the servant only of the owner or master of the ship under pilotage and such general employer shall not be liable for any loss or damage occasioned by any act or default of such pilot.”.

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