6. The Ordinance is hereby amended by inserting immediately after section 503 thereof the following new Part: —“PART XIV 504. This Part shall come into operation on such date as the Minister may, by notification in the Gazette, appoint:| Provided that the Minister shall, in making such notification, prescribe a period during which no ship, being a ship required by section 505 of this Ordinance to be registered as a Singapore ship, and which, on the day appointed for the coming into operation of this Part is registered as a British or Malaysian ship, shall be deemed to be in breach of its obligation to register as a Singapore ship; and no fees shall be payable in respect of the transfer, within the period aforesaid, of any such ship from the British or Malaysian register to the register of Singapore ships established hereunder. |
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| Obligation to register Singapore ships |
505.—(1) Every ship owned wholly by citizens of Singapore or by bodies corporate established under, and subject to, the law of Singapore and having their principal place of business in Singapore, shall, unless exempted from registry, be registered under the provisions of this Part.| (2) If a ship required by this section to be registered is not so registered, she shall not be recognised as a Singapore ship. |
| (3) A ship required by this section to be registered may be detained until the master of the ship, if so required, produces the certificate of registry of the ship. |
| (4) The Minister may make rules with respect to the manner in which ships, or classes of ships, belonging to the Government or any statutory body, may be registered under this Part. |
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506.—(1) The following ships are exempted from registry under this Part: —| (a) | any ship not exceeding fifteen tons employed solely in navigation on the rivers or coasts of Singapore; | | (b) | any native sailing ship; | | (c) | any boat licensed under sections 453 and 454 of this Ordinance; | | (d) | any fishing vessel licensed under the Fisheries Act, 1966 (Act. 14 of 1966): |
| Provided that the Minister may, subject to such terms and conditions as he thinks fit to impose, exempt any ship or class of ships from registry. |
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| (2) Notice of every exemption under this section shall be published in the Gazette. |
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| Registrar of Singapore ships |
507.—(1) The Director shall be the Registrar of Singapore ships.| (2) The Registrar of Singapore ships (hereinafter in this Part referred to as “the Registrar”) shall not be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of Registrar unless the same has happened through his neglect or wilful act. |
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508. The Registrar shall keep a book to be called the “register book”, and entries in that book shall be made in accordance with the following provisions: —| (a) | the property in a ship shall be divided into sixty-four shares; | | (b) | subject to the provisions of this Part with respect to joint owners or owners by transmission, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship; but this provision shall not affect the beneficial title of any number of persons or of any company represented by or through any registered owner or joint owner; | | (c) | a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein; | | (d) | joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered; and | | (e) | a corporation may be registered as owner by its corporate name. |
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| Survey and measurement of ship |
| 509. Every Singapore ship shall before registry be surveyed by a Surveyor of Ships and her tonnage ascertained in accordance with the provisions of this Part, and the Surveyor shall grant his certificate specifying the ship’s tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Registrar, and such certificate shall be delivered to the Registrar before registry. |
510.—(1) Every Singapore ship shall before registry be marked permanently and conspicuously to the satisfaction of the Registrar as follows: —| (a) | her name shall be marked on each of her bows, and her name and the name of her port of registry shall be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than four inches, and of proportionate breadth; | | (b) | her official number and the number denoting her registered tonnage shall be cut in on her main beam; and | | (c) | a scale of feet denoting her draught of water shall be marked on each side of her stem and of her stern post in Roman capital letters or in figures, not less than six inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby, and those letters or figures shall be marked by being cut in and painted white or yellow on a dark ground or in such other way as the Registrar approves. |
| (2) The Registrar may exempt any class of ships from all or any of the requirements of this section. |
| (3) If the scale of feet showing the ship’s draught of water is in any respect inaccurate, so as to be likely to mislead, the owner of the ship shall be liable on conviction to a fine not exceeding one thousand dollars. |
| (4) The marks required by this section shall be permanently continued, and no alteration shall be made therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by this Part. |
| (5) If an owner or master of a Singapore ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces or obliterates or suffers any person under his control to conceal, remove, alter, deface or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, that owner, master or person shall be liable on conviction to a fine not exceeding one thousand dollars, and on a certificate from a Surveyor of Ships that a ship is insufficiently or inaccurately marked the ship may be detained until the insufficiency or inaccuracy has been remedied. |
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| 511. An application for registry of a ship shall be made in the case of individuals by the person requiring to be registered as owner, or by some one or more of the persons so requiring if more than one, or by his or their agent, and in the case of corporations by their agent, and the authority of the agent shall be testified by writing, if appointed by individuals, under the hands of the appointers, and, if appointed by a corporation, under the common seal of that corporation. |
| Declaration of ownership on registry |
512. A person shall not be entitled to be registered as owner of a Singapore ship or of a share therein until he, or in the case of a corporation the person authorised by this Part to make declarations on behalf of the corporation, has made and signed a declaration of ownership, referring to the ship as described in the certificate of the Surveyor, and containing the following particulars: —| (a) | a statement of his qualification to own a Singapore ship, or in the case of a corporation, of such circumstances of the constitution and business thereof as prove it to be qualified to own a Singapore ship; | | (b) | a statement of the time when and the place where the ship was built, or, if the time and place of building are unknown, a statement that the declarant does not know the time and place of her building; and, in addition thereto, in the case of a foreign ship, a statement of her foreign name, or, in the case of a ship condemned, a statement of the time, place and court at and by which she was condemned; | | (c) | a statement of the name of the master; | | (d) | a statement of the number of shares in the ship of which he or the corporation, as the case may be, is entitled to be registered as owner; and | | (e) | a declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share therein. |
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| Evidence on first registry |
513.—(1) On the first registry of a ship the following evidence shall be produced in addition to the declaration of ownership: —| (a) | in the case of a Commonwealth built ship, a builder’s certificate, that is to say, a certificate signed by the builder of the ship, and containing a true account of the proper denomination and of the tonnage of the ship, as estimated by him, and of the time when and the place where she was built, and of the name of the person (if any) on whose account the ship was built, and if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the applicant for registry; | | (b) | in the case of a foreign-built ship, the same evidence as in the case of a Commonwealth built ship, unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him, or that the builder’s certificate cannot be procured, in which case there shall be required only the bill of sale under which the ship, or a share therein, became vested in the applicant for registry; and | | (c) | in the case of a ship condemned by any competent court, an official copy of the condemnation. |
| (2) If the person granting a builder’s certificate under this section wilfully makes a false statement in that certificate he shall be liable on conviction to a fine not exceeding one thousand dollars. |
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| Entry of particulars in register book |
514. As soon as the requirements of this Part preliminary to registry have been complied with, the Registrar shall enter in the register book the following particulars respecting the ship, namely: —| (a) | the name of the ship and the name of the port to which she belongs; | | (b) | the details comprised in the Surveyor’s certificate; | | (c) | the particulars respecting her origin stated in the declaration of ownership; and | | (d) | the name and description of her registered owner or owners, and if there are more owners than one, the proportions in which they are interested in her. |
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| Documents to be retained by Registrar |
| 515. On the registry of a ship the Registrar shall retain in his possession the following documents, namely, the Surveyor’s certificate, the builder’s certificate, any bill of sale of the ship previously made, the copy of the condemnation (if any), and all declarations of ownership. |
| 516. The port of Singapore shall be deemed to be the port of registry to which every Singapore ship belongs. |
| 517. On completion of the registry of a Singapore ship, the Registrar shall grant a certificate of registry comprising the particulars respecting her entered in the register book, with the name of her master. |
518.—(1) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee or other person to, on, or in the ship.| (2) If any person, whether interested in the ship or not, refuses on request to deliver up the certificate of registry when in his possession or under his control to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to the Registrar, officer of customs, or other person entitled by law to require such delivery, any Magistrate may summon the person so refusing to appear before him, and to be examined touching such refusal, and unless it is proved to the satisfaction of the court that there was reasonable cause for such refusal, the offender shall be liable on conviction to a fine not exceeding one thousand dollars, but if it is shown to the court that the certificate is lost, the person summoned shall be discharged, and the court shall certify that the certificate of registry is lost. |
| (3) If the person so refusing is proved to have absconded, or if be persists in not delivering up the certificate, the court shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit. |
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| Penalty for use of improper certificate |
| 519. If the master or owner of a Singapore ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both, and the ship shall be subject to forfeiture. |
| Power to grant new certificate |
| 520. The Registrar may, on the delivery up to him of the certificate of registry of a ship, grant a new certificate in lieu thereof. |
| Provision for loss of certificate |
| 521. In the event of the certificate of registry of a Singapore ship being mislaid, lost or destroyed, the Registrar shall grant a new certificate of registry in lieu of her original certificate. |
| Endorsement of change of master on certificate |
522.—(1) Where the master of a registered Singapore ship is changed, the Registrar shall endorse and sign on the certificate of registry a memorandum of the change; and any person may refuse to admit any person to do any act there as master of a Singapore ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master.| (2) If the master of a registered Singapore ship is changed while the ship is at a port outside Singapore the proper officer at that port shall endorse and sign a memorandum of the change on the ship’s certificate of registry, unless the change has occurred in consequence of the removal of the master by a competent court in a Commonwealth country, or in consequence of the sentence of a competent naval court constituted under the law of a Commonwealth country, and that court has caused a memorandum of the change to be endorsed on the ship’s certificate of registry. |
| (3) Where any such proper officer makes an endorsement under this section, he shall forthwith notify the Registrar. |
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| Endorsement of change of ownership on certificate |
523.—(1) Whenever a change occurs in the registered ownership of a ship, the change of ownership shall be endorsed on her certificate of registry either by the Registrar, or by the proper officer of any port at which the ship arrives who has been advised of the change by the Registrar.| (2) The master shall, for the purpose of such endorsement by the Registrar, deliver the certificate of registry to him, forthwith after the change, if the change occurs when the ship is in Singapore, and if it occurs during her absence from Singapore and the endorsement under this section is not made before her return, then upon her first return to that port. |
| (3) The proper officer of any port, not being the ship’s port of registry, who is required to make an endorsement under this section may for that purpose require the master of the ship to deliver to him the ship’s certificate of registry, so that the ship be not thereby detained, and the master shall deliver the same accordingly. |
| (4) If the master fails to deliver to the Registrar the certificate of registry as required by this section he shall be liable on conviction to a fine not exceeding one thousand dollars. |
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| Delivery up of certificate of ship lost, etc. |
524.—(1) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing by reason of a transfer to persons not qualified to be owners of Singapore ships, or otherwise, to be a Singapore ship, every owner of the ship or any share in the ship shall, immediately on obtaining knowledge of the event, if no notice thereof has already been given to the Registrar, give notice thereof to the Registrar, who shall make an entry thereof in the register book and the registry of the ship in that book shall be considered as closed except so far as relates to any unsatisfied mortgages or existing certificates of mortgage entered therein.| (2) In any such case, except where the ship’s certificate of registry is lost or destroyed, the master of the ship shall, if the event occurs in port immediately, but if it occurs elsewhere then within ten days after his arrival in port, forward the certificate to the Registrar. |
| (3) If any such owner or master fails, without reasonable cause, to comply with this section, he shall be liable on conviction to a fine not exceeding one thousand dollars. |
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| Temporary passes in lieu of certificates of registry |
| 525. Where it appears to the Director that by reason of special circumstances it would be desirable that permission should be granted to any Singapore ship to pass, without being previously registered, from Singapore to any other port, the Director may grant a pass accordingly, and that pass shall, for the time and within the limits therein mentioned, have the same effect as a certificate of registry. |
| Provisional certificate for ship which in a foreign country becomes Singapore owned |
526.—(1) If, at a port in a country other than Singapore, a ship becomes the property of persons qualified to own a registered Singapore ship, and if some one or more of those persons declare to the proper officer at that port an intent to apply to have the ship registered in Singapore, or if the master of the ship makes such a declaration and declares therein that he is authorised by some one or more of the owners of the ship to make the declaration, the proper officer may grant to the master of the ship, on application by him, a provisional certificate, stating —| (a) | the name of the ship; | | (b) | the time and place of her purchase, and the names and addresses of the purchasers; | | (c) | the name of the master; and | | (d) | the best particulars respecting the tonnage, build and description of the ship which he is able to obtain, |
| and shall forthwith forward a copy of the certificate to the Registrar. |
| (2) A provisional certificate granted in accordance with subsection (1) of this section shall be deemed to be a certificate of registry until the expiry of six months from the date on which it was granted, or until the arrival of the ship in Singapore, whichever is the earlier date, and shall thereafter have no effect. |
| (3) The master of every ship in respect of which a provisional certificate is granted under this section shall, within ten days of the ship’s first arrival thereafter in Singapore deliver the certificate to the Registrar; and, if any master fails to comply with this subsection, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars. |
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| Transfer of ships or shares |
527.—(1) A registered Singapore ship or a share therein (when disposed of to a person qualified to own a Singapore ship) shall be transferred by bill of sale.| (2) The bill of sale shall contain such description of the ship as is contained in the Surveyor’s certificate, or some other description sufficient to identify the ship to the satisfaction of the Registrar, and shall subject to necessary modifications be in the form marked A in the first part of the First Schedule to the United Kingdom Merchant Shipping Act, 1894, or as near thereto as circumstances permit, and shall be executed by the transferor in the presence of, and be attested by, a witness or witnesses. [57 & 58 Vict. c. 60.] |
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528. Where a registered Singapore ship or a share therein is transferred the transferee shall not be entitled to be registered as owner thereof until he, or, in the case of a corporation, the person authorised by this Part to make declarations on behalf of the corporation, has made and signed a declaration (hereinafter in this Part called “a declaration of transfer”) referring to the ship, and containing —| (a) | a statement of the qualification of the transferee to own a Singapore ship, or if the transferee is a corporation, of such circumstances of the constitution and business thereof as prove it to be qualified to own a Singapore ship; and | | (b) | a declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share therein. |
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529.—(1) Every bill of sale for the transfer of a registered Singapore ship or of a share therein, when duly executed, shall be produced to the Registrar, with the declaration of transfer, and the Registrar shall thereupon enter in the register book the name of the transferee as owner of the ship or share, and shall endorse on the bill of sale the fact of that entry having been made, with the day and hour thereof.| (2) Bills of sale of a ship or of a share therein shall be entered in the register book in the order of their production to the Registrar. |
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| Transmission of property in ship on marriage, bankruptcy, death, etc. |
530.—(1) Where the property in a registered ship or share therein is transmitted to a person qualified to own a Singapore ship on the marriage, bankruptcy or death of any registered owner, or by any lawful means other than by a transfer under this Part —| (a) | that person shall authenticate the transmission by making and signing a declaration (hereinafter in this Part called “a declaration of transmission”) identifying the ship and containing the several statements hereinbefore required to be contained in a declaration of transfer, or as near thereto as circumstances admit, and also a statement of the manner in which and the person to whom the property has been transmitted; | | (b) | if the transmission takes place by virtue of marriage, the declaration shall be accompanied by a copy of the register of the marriage, or other legal evidence of the celebration thereof, and shall declare the identity of the female owner; | | (c) | if the transmission is consequent on bankruptcy, the declaration of transmission shall be accompanied by such evidence as is for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy; and | | (d) | if the transmission is consequent on death, the declaration of transmission shall be accompanied by the instrument of representation, or an official extract therefrom. |
| (2) The Registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there is more than one such person, shall enter the names of all those persons, but those persons, however numerous, shall, for the purpose of the provisions of this Part with respect to the number of persons entitled to be registered as owners, be considered as one person. |
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| Order for sale on transmission to unqualified person |
531.—(1) Where the property in a registered ship or share therein is transmitted on marriage, bankruptcy, death or otherwise to a person not qualified to own a Singapore ship the High Court may, on application by or on behalf of the unqualified person, order a sale of the property so transmitted, and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise as the court may direct.| (2) The court may require any evidence in support of the application it thinks requisite, and may make the order on any terms and conditions it thinks just, or may refuse to make the order, and generally may act in the case as the justice of the case requires. |
| (3) Every such application for sale shall be made within four weeks after the occurrence of the event on which the transmission has taken place, or within such further time (not exceeding in the whole one year from the date of the occurrence) as the court may allow. |
| (4) If such an application is not made within the time aforesaid, or if the court refuses an order for sale, the ship or share transmitted shall thereupon be subject to forfeiture under this Part. |
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| Transfer of ship or sale by order of court |
| 532. Where any court, whether under the preceding sections of this Ordinance or otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner thereof; and the Registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner. |
| Power of court to prohibit transfer |
| 533. The High Court may, if it thinks fit (without prejudice to the exercise of any other power of the court), on the application of any interested person make an order prohibiting for a time specified any dealing with a ship or any share therein, and the court may make the order on any terms or conditions it thinks just, or may refuse to make the order or may discharge the order when made, with or without costs, and generally may act in the case as the justice of the case requires; and the Registrar, without being made a party to the proceeding, shall on being served with the order or an official copy thereof obey the same. |
534. The provisions of sections 31 to 46 of the United Kingdom Merchant Shipping Act, 1894 (which relate to the mortgage and sale of British ships) shall, subject to any necessary modifications, apply to the mortgage and sale of Singapore ships registered under this Part: | Provided that any reference to the Commissioners of Customs therein shall be construed as a reference to the Registrar. |
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535.—(1) A Singapore ship shall not be described by any name other than that by which she is for the time being registered.| (2) The Registrar may refuse to register any ship by the name by which it is proposed to register that ship if it is already the name of a ship which is registered in Singapore, or at any other port within the Commonwealth, or if the name by which it is proposed to register that ship is so similar to the name of such a Singapore or Commonwealth ship as to be calculated to deceive. In the case of ships to which subsection (7) or (8) of this section applies, the Registrar may require the name of such a ship to be changed immediately the ship has been registered. |
| (3) A change shall not be made in the name of a Singapore ship without the previous written permission of the Registrar. |
| (4) Application for that permission shall be in writing, and if the Registrar is of opinion that the application is reasonable he may entertain it, and thereupon require notice thereof to be published in such form and manner as he thinks fit. |
| (5) On permission being granted to change the name, the ship’s name shall forthwith be altered in the register book, in the ship’s certificate of registry, and on her bows and stern. |
| (6) If it is shown to the satisfaction of the Registrar that the name of any Singapore ship has been changed without his permission he shall direct that her name be altered into that which she bore before the change, and the name shall be altered in the register book, in the ship’s certificate of registry, and on her bows and stern accordingly. |
| (7) Where a ship having once been registered has ceased to be so registered no person unless ignorant of the previous registry (proof whereof shall lie on him) shall apply to register, and the Registrar shall not knowingly register the ship, except by the name by which she was previously registered, unless with the previous written permission of the Minister. |
| (8) Where any ship, not having at any previous time been registered as a Singapore ship, becomes a Singapore ship, no person shall apply to register, and the Registrar shall not knowingly register the ship, except by the name which she bore immediately before becoming a Singapore ship, unless with the previous written permission of the Minister. |
| (9) If any person acts, or suffers any person under his control to act, in contravention of this section, or omits to do, or suffers any person under his control to omit to do, anything required by this section, he shall be liable on conviction to a fine not exceeding one thousand dollars, and (except in the case of an application being made under this section with respect to a ship which, not having at any previous time been registered as a Singapore ship, has become a Singapore ship) the ship may be detained until the provisions of this section are complied with. |
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536.—(1) When a registered Singapore ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made in Singapore, the Registrar, or, if it is made elsewhere, the proper officer of that port or the first port having a proper officer at which the ship arrives after the alteration, shall, on application being made to him, and on receipt of a certificate from the proper Surveyor stating the particulars of the alteration, either cause the alteration to be registered, or direct that the ship be registered anew.| (2) If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the owner of the ship shall be liable on conviction to a fine not exceeding one thousand dollars and in addition to a fine not exceeding fifty dollars for every day during which the offence continues after conviction. |
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| Regulations for registry of alteration |
537.—(1) For the purpose of the registry of an alteration in a Singapore ship, the ship’s certificate of registry shall be produced to the Registrar, and the Registrar shall, in his discretion, either retain the certificate of registry and grant a new certificate of registry containing a description of the ship as altered, or endorse and sign on the existing certificate a memorandum of the alteration.| (2) The particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made, shall be entered by the Registrar in his register book. |
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| Registry anew on change of ownership |
538.—(1) Where the ownership of any Singapore ship is changed, the Registrar may, on the application of the owners of the ship register the ship anew, although registration anew is not required under this Part.| (2) Where a ship is to be registered anew, the Registrar shall proceed as in the case of first registry, and on the delivery up to him of the existing certificate of registry, and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof. |
| (3) When a ship is registered anew, her former register shall be considered as closed, except so far as relates to any unsatisfied mortgage or existing certificates of sale or mortgage entered thereon, but the names of all persons appearing on the former register to be interested in the ship, as owners or mortgagees shall be entered on the new register, and the registry anew shall not in any way affect the rights of any of those persons. |
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| Restrictions on re-registration of abandoned ships |
| 539. Where a ship has ceased to be registered as a Singapore ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy or transfer to a person not qualified to own a Singapore ship, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a Surveyor of Ships and certified by him to be seaworthy. |
| Provision for cases of infancy or other incapacity |
| 540. Where by reason of infancy, lunacy, or any other cause any person interested in any ship or any share therein, is incapable of making any declaration or doing anything required or permitted by this Part to be made or done in connection with the registry of the ship or share, the guardian or committee, if any, of that person, or, if there is none, any person appointed on application made on behalf of the incapable person, or of any other person interested, by any court or judge having jurisdiction in respect of the property of incapable persons, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such act or thing in the name and on behalf of the incapable person; and all acts done by the substitute shall be as effectual as if done by the person for whom he is substituted. |
| Notice of trusts not received |
| 541. No notice of any trust, express, implied or constructive, shall be entered in the register book or be receivable by the Registrar, and, subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship or of a share therein shall have power absolutely to dispose in the manner in this Part provided of the ship or share, and to give effectual receipts for any money paid or advanced by way of consideration. |
542.—(1) Where any person is beneficially interested, otherwise than by way of mortgage, in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this or any other Ordinance on the owners of ships or shares therein, so nevertheless that proceedings may be taken for the enforcement of any such penalties against both or either of the aforesaid parties, with or without joining the other of them.| (2) The expression “beneficial interest” in this Part shall have in relation to Singapore ships the meaning given to it in section 57 of the United Kingdom Merchant Shipping Act, 1894. |
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| Ship’s managing owner or manager to be registered |
543.—(1) The Registrar shall record in the register book the name and address of the managing owner for the time being of every ship registered in Singapore.| (2) Where there is not a managing owner there shall be so registered the name of the ship’s husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; and any person whose name is so registered shall, for the purposes of this Ordinance, be under the same obligations, and subject to the same liabilities as if he were the managing owner. |
| (3) If default is made in complying with the provisions of this section the owner shall be liable on conviction, or if there are more owners than one each owner shall be liable on conviction in proportion to his interest in the ship, to a fine not exceeding in the whole one thousand dollars each time the ship leaves Singapore. |
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| Power of Registrar to dispense with declarations and other evidence |
| 544. When, under this Part, any person is required to make a declaration on behalf of himself or of any corporation, or any evidence is required to be produced to the Registrar, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the Registrar may, on the production of such other evidence, and subject to such terms as he may think fit, dispense with the declaration or evidence. |
| Mode of making declarations |
545.—(1) Declarations required by this Part shall be made before the Registrar, or a Magistrate, or a commissioner for oaths.| (2) Declarations required by this Part may be made on behalf of a corporation by the secretary or any other officer of the corporation authorised by the corporation for the purpose. |
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| Evidence of register book, certificate of registry, and other documents |
546.—(1) A person, on payment of a fee of one dollar, may on application to the Registrar at a reasonable time during the hours of his official attendance, inspect the register book.(2) The following documents shall be admissible in evidence in the manner provided by this Part, namely —| (a) | the register book under this Part on its production from the custody of the Registrar or other person having the lawful custody thereof; | | (b) | a certificate of registry under this Part purporting to be signed by the Registrar or other proper officer; | | (c) | an endorsement on a certificate of registry purporting to be signed by the Registrar or other proper officer; | | (d) | every declaration made in pursuance of this Part in respect of a Singapore ship. |
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| 547. The Registrar may, with the consent of the Minister, prescribe forms for the purposes of this Part. |
| 548. If any person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any of the following documents, namely, the register book, builder’s certificate, Surveyor’s certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale under this Part, or any entry or endorsement required by this Part to be made in or on any of those documents, that person shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand dollars, or to both. |
549.—(1) If any person in the case of any declaration made in the presence of or produced to the Registrar under this Part, or in any document or other evidence produced to the Registrar —| (a) | wilfully makes, or assists in making, or procures to be made any false statement concerning the title to or ownership of, or the interest existing in any ship, or any share in a ship; or | | (b) | utters, produces, or makes use of any declaration or document containing any such false statement knowing the same to be false, |
| he shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both. |
| (2) If any person wilfully makes a false declaration touching the qualification of himself or of any other person or of any corporation to own a Singapore ship or any share therein, he shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both, and that ship or share shall be subject to forfeiture under this Part, to the extent of the interest therein of the declarant, and also, unless it is proved that the declaration was made without authority, of any person or corporation on behalf of whom the declaration is made. |
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| Penalty for unduly assuming Singapore character |
550.—(1) If a person uses the Singapore flag and assumes the Singapore national character on board a ship owned in whole or in part by any persons not qualified to own a Singapore ship, for the purpose of making the ship appear to be a Singapore ship, the ship shall be subject to forfeiture under this Part, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.| (2) In any proceeding for enforcing any such forfeiture the burden of proving a title to use the Singapore flag and assume the Singapore national character shall lie upon the person using and assuming the same. |
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| Penalty for concealment of Singapore or assumption of foreign character |
| 551. If the master or owner of a Singapore ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the Singapore character of the ship from any person entitled to inquire into the same, or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid, the ship shall be subject to forfeiture under this Part and the master, if he commits or is privy to the commission of the offence, shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both. |
| Penalty for acquiring ownership if unqualified |
| 552. If an unqualified person acquires as owner, otherwise than by such transmission as hereinbefore provided for, any interest, either legal or beneficial, in a ship using a Singapore flag and assuming the Singapore character, that interest shall be subject to forfeiture under this Part. |
| Liabilities of ship not recognised as a Singapore ship |
| 553. Where it is declared by this Part that a Singapore ship shall not be recognised as a Singapore ship, that ship shall not be entitled to any benefits, privileges, advantages, or protection usually enjoyed by Singapore ships nor to use the Singapore flag or assume the Singapore national character, but so far as regards the payment of dues, the liability to fines and forfeiture, and the punishment of offences committed on board such ship, or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised Singapore ship. |
| National colours for Singapore ships, and penalty on carrying improper colours |
554.—(1) The Minister shall prescribe an ensign, which shall be the proper national colours for a registered Singapore ship.| (2) If any distinctive national colours other than the said ensign are hoisted on board any such ship without consent from the Minister, the master of the ship or the owner thereof if on board the same, and every other person hoisting the colours shall for such offence be liable on conviction to a fine not exceeding one thousand dollars. |
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| Penalty on ship not showing colours |
555.—(1) A Singapore ship shall hoist the proper national colours on entering or leaving any port.| (2) If default is made on board any such ship in complying with the provisions of this section, the master of the ship shall be liable on conviction to a fine not exceeding one thousand dollars. |
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| Proceedings on forfeiture of ship |
556.—(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part, the Director may seize and detain the ship, and bring her for adjudication before the High Court, and the court may thereupon adjudge the ship with her tackle, apparel and furniture to be forfeited and make such order in the case as to the court seems just, and may award to the officer bringing in the ship for adjudication such portion of the proceeds of the sale of the ship, or any share therein, as the court thinks fit.| (2) The Director shall not be responsible either civilly or criminally to any person whomsoever in respect of any such seizure or detention as aforesaid, notwithstanding that the ship has not been brought in for adjudication, or if so brought in is declared not liable to forfeiture, if it is shown to the satisfaction of the court before which any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown the court may award costs and damages to any party aggrieved, and make such other order in the premises as the court thinks just. |
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| Rules for ascertaining register tonnage |
557.—(1) The Minister may make regulations for ascertaining the register tonnage of ships.| (2) Until provision is made under subsection (1) of this section, the rules from time to time in force in the United Kingdom for ascertaining the tonnage of British ships, shall apply in lieu thereof. |
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| 558. Fees prescribed by the Minister under section 500 of this Ordinance shall apply to the registration and measurement of Singapore ships under this Part. ”. |
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