Merchant Shipping (Amendment) Bill

Bill No. 3/1973

Read the first time on 16th February 1973.

An Act to amend the Merchant Shipping Act (Chapter 172 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, 1973, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Paragraph (a) of section 2 of the Merchant Shipping Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended —

(a)

by inserting immediately after the definition of “alteration” appearing therein the following new definition: —

“ “Authority” means The Port of Singapore Authority established under the Port of Singapore Authority Act (Cap. 173);”;

(b)

by inserting immediately after the definition of “port” appearing therein the following new definition: —

“ “Port Master” means the Port Master appointed under section 35 of the Port of Singapore Authority Act and includes any Deputy Port Master appointed under that section;”; and

(c)

by deleting the definition of “vessel” appearing therein and substituting therefor the following: —

“ “vessel” includes any ship or boat or air cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel;”.

New section 8A

3. The principal Act is hereby amended by inserting immediately after section 8 thereof the following new section: —

“Delegation of powers

8A. The Authority may delegate to any of its officers all or any of the functions and powers conferred on the Authority by this Act.”.

Repeal of section 14

4. Section 14 of the principal Act is hereby repealed.

Amendment of section 17

5. Paragraph (a) of subsection (1) of section 17 of the principal Act is hereby amended —

(a)	by deleting the comma appearing at the end of sub-paragraph (viii) thereof and substituting therefor a semicolon; and
(b)	by deleting the expression “(ix) steersman;” appearing at the end thereof.

Amendment of section 21

6. Section 21 of the principal Act is hereby amended —

(a)	by deleting the expression “, helmsmen and steersmen” appearing in the second line of subsection (1) thereof and substituting therefor the words “and helmsmen”; and
(b)	by deleting the words “or steersmen” appearing in the second line of the proviso to subsection (3) thereof.

Amendment of section 23

7. Section 23 of the principal Act is hereby amended by deleting the expression “, lifeboatman or steersman” appearing in the second and third lines thereof and substituting therefor the words “or lifeboatman”.

Amendment of section 25

8. Subsection (2) of section 25 of the principal Act is hereby amended by deleting the expression “, steersman,” appearing in the second line thereof.

Amendment of section 163

9. Subsection (2) of section 163 of the principal Act is hereby amended by deleting the word “Director” appearing therein and substituting therefor the words “Port Master”.

Amendment of section 197

10. Subsection (2) of section 197 of the principal Act is hereby amended by deleting the word “Director” appearing in the first line thereof and substituting therefor the words “Port Master”.

Repeal and re-enactment of section 211

11. Section 211 of the principal Act is hereby repealed and the following substituted therefor: —

“Licences for brokers

211.—(1) No person may act as a pilgrim broker unless he has a valid licence granted by the Minister for that purpose.

(2) The said licence shall be granted on such conditions and subject to such restrictions and limitations as may be prescribed.

(3) The Minister may also require a licensee to enter into a bond which may be in the prescribed form with sureties in a sum of not less than five hundred dollars not to offend under this Part, and for the due performance and observance of the conditions of his licence.”.

Repeal and re-enactment of section 213

12. Section 213 of the principal Act is hereby repealed and the following substituted therefor: —

“Acting as pilgrim broker without licence

213. Any person who without a licence from the Minister acts as a pilgrim broker shall be liable for each offence to a fine not exceeding two thousand dollars.”.

Amendment of section 215

13. Section 215 of the principal Act is hereby amended —

(a)	by deleting the words “Deputy Commissioner of Police” appearing in the fifth line of subsection (1) thereof and substituting therefor the word “Minister”; and
(b)	by deleting the word “two” appearing in the second line of subsection (2) thereof and substituting therefor the word “five”.

Amendment of section 268

14. Section 268 of the principal Act is hereby amended by deleting the expression “steersman;” appearing in the nineteenth line of the definition “the holder of a local certificate” therein.

Repeal and re-enactment of section 305

15. Section 305 of the principal Act is hereby repealed and the following substituted therefor: —

“Receiver of wrecks

305. The Authority shall have the general supervision throughout Singapore over all matters relating to wrecks and may, by notification in the Gazette, appoint any person to be the receiver of wreck in any district and to perform the duties of receiver under this Part.”.

Amendment of section 306

16. Subsection (1) of section 306 of the principal Act is hereby amended by deleting the words “a British or foreign” appearing in the first line thereof and substituting therefor the word “any”.

Amendment of section 311

17. Section 311 of the principal Act is hereby amended —

(a)	by deleting the expression “, British or foreign,” appearing in the first line of subsection (1) thereof;
(b)	by deleting the word “Minister” appearing in the third line of subsection (2) thereof and substituting therefor the word “Authority”; and
(c)	by deleting the word “Director” appearing in the third line of subsection (2) thereof and substituting therefor the words “Port Master”.

Amendment of section 314

18. Section 314 of the principal Act is hereby amended by deleting the word “Director” appearing in the third line thereof and substituting therefor the words “Port Master”.

Amendment of section 316

19. Subsection (1) of section 316 of the principal Act is hereby amended by deleting the word “fifty” appearing in paragraph (a) thereof and substituting therefor the words “one thousand”.

New section 316A

20. The principal Act is hereby amended by inserting immediately above section 317 thereof appearing under the sub-heading “ Unclaimed Wreck” thereto the following new section: —

“Right of Government to unclaimed wreck

316A. The Government is entitled to all unclaimed wreck found in any part of Singapore except in places where the Government has granted to any person the right to that wreck.”.

Amendment of section 319

21. Section 319 of the principal Act is hereby amended —

(a)	by deleting the expression “or of the Admiralty Waters within the meaning of the Admiralty Waters Ordinance (1955 Ed. Cap. 72),” appearing in the third and fourth lines of subsection (1) thereof; and
(b)	by deleting the word “Minister” appearing at the end of subsection (3) thereof and substituting therefor the word “Authority”.

Amendment of section 324

22. Subsection (1) of section 324 of the principal Act is hereby deleted and the following substituted therefor: —

“(1) Where the services are rendered wholly or in part within Singapore in saving life from any vessel, or elsewhere in saving life from any Singapore vessel, there shall be payable to the salvor by the owner of the vessel, cargo or apparel saved, a reasonable amount of salvage to be determined in case of dispute in the manner hereinafter mentioned.”.

Amendment of section 327

23. Section 327 of the principal Act is hereby amended by deleting the words “not exceeding fifty dollars as the Minister” appearing in the fifth and sixth lines thereof and substituting therefor the words “as the Authority”.

Amendment of section 329

24. Subsection (3) of section 329 of the principal Act is hereby amended by deleting the word “Minister” appearing in the first line thereof and substituting therefor the word “Authority”.

Amendment of section 335

25. Section 335 of the principal Act is hereby amended —

(a)

by deleting the word “Minister” appearing in subsections (1) and (3) thereof and substituting therefor in each case the word “Authority”; and

(b)

by deleting subsection (4) thereof and substituting therefor the following: —

“(4) All fees received by a receiver in respect of services performed by him as receiver shall be accounted for to the Authority and shall form part of the funds of the Authority.”.

Repeal and re-enactment of section 336

26. Section 336 of the principal Act is hereby repealed and the following substituted therefor: —

“Application of Part X

336. This Part shall apply to all vessels which are within the territorial waters of Singapore.”.

Repeal and re-enactment of section 337

27. Section 337 of the principal Act is hereby repealed and the following substituted therefor: —

“Power of Port Master to give directions as to anchorage or berthage

337. The Director or the Port Master may, outside the limits of any port, direct where any vessel shall be berthed, moored or anchored, and may direct the removal of any vessel from one berth, station or anchorage to another berth, station or anchorage, and the time within which such removal is to be effected.”.

New section 337A

28. The principal Act is hereby amended by inserting immediately after section 337 thereof the following new section: —

“Power to prohibit vessels from entering Singapore

337A. The Director or the Port Master may prohibit any vessel from entering the territorial waters of Singapore if he is of the opinion that it would not be in the interests of Singapore for such vessel to enter or remain in Singapore.”.

Amendment of section 338

29. Section 338 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Any person who, without lawful excuse, refuses or neglects to obey any direction of the Director or the Port Master given under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars and to a further fine not exceeding five hundred dollars for every day during which the offence is continued after conviction.”; and

(b)

by inserting immediately after the word “Director” appearing in the first line of subsection (2) thereof the expression “or the Port Master, as the case may be,”.

Amendment of section 339

30. Section 339 of the principal Act is hereby amended —

(a)	by deleting the word “Director” appearing in the second line of paragraph (a) of subsection (1) thereof and substituting therefor the words “Port Master”; and
(b)	by deleting the words “one hundred” appearing at the end of subsection (2) thereof and substituting therefor the words “two thousand”.

Repeal and re-enactment of section 340

31. Section 340 of the principal Act is hereby repealed and the following substituted therefor: —

“No ship to leave port without port clearance

340.—(1) No ship, other than a ship referred to in subsection (2) of this section, shall leave any port or place in Singapore without the master obtaining a port clearance from the Port Master.

(2) This section shall not apply to —

(a)	any ship of war;
(b)	any ship belonging to or for the time being in the service or employment of the Government unless such vessel is carrying or habitually carries cargo or passengers for freight or fares; and
(c)	ships of a class which have been exempted from the operation of this section by the Minister.

(3) If any ship, not being exempted from the operation of this section, leaves or attempts to leave any port or place without a port clearance, the master of the ship and also the owner and any person who sends or attempts to send the ship to sea, if that owner or person is party or privy to the offence, shall be liable for each offence to a fine not exceeding two thousand dollars, and the ship, if she has not left Singapore waters, may be detained.”.

Amendment of section 341

32. Section 341 of the principal Act is hereby amended by deleting the word “Director” appearing in the third line of subsection (1) thereof and in the marginal note thereto and substituting therefor in each case the words “Port Master”.

Amendment of section 342

33. Subsections (2) and (3) of section 342 of the principal Act are hereby deleted and the following substituted therefor: —

“(2) Where under this Act or any other written law a ship is to be detained, the Port Master shall, and where under this Act or any other written law a ship may be detained, the Port Master may, refuse to issue a port clearance to that ship.

(3) The Port Master may refuse to issue a port clearance to any ship whose owner or master has not complied with, or has been charged with an offence under, any of the provisions of this Act or any other written law.”.

Amendment of section 343

34. Section 343 of the principal Act is hereby amended by deleting the word “Director” appearing in the first and in the fourth lines thereof and substituting therefor in each case the words “Port Master”.

Amendment of section 344

35. Section 344 of the principal Act is hereby amended by deleting the word “Director” appearing in the third line thereof and substituting therefor the words “Port Master”.

Amendment of section 346

36. Section 346 of the principal Act is hereby amended by deleting the word “hundred” appearing in the ninth line thereof and substituting therefor the word “thousand”.

Repeal of sections 349 to 360

37. Sections 349 to 360 of the principal Act are hereby repealed.

Amendment of section 361

38. Section 361 of the principal Act is hereby amended —

(a)	by inserting immediately after the word “Director” appearing in the first line of subsection (1) thereof the expression “, the Port Master”; and
(b)	by deleting the word “hundred” appearing in the third line of subsection (2) thereof and substituting therefor the word “thousand”.

Amendment of section 363

39. Section 363 of the principal Act is hereby amended —

(a)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) All acts, orders or directions by this Part authorised to be done or given by the Port Master may be done or given by any person in the employ of the Authority subject to his control and duly authorized by him.”;

(b)

by re-numbering the existing subsection (2) thereof as subsection (3).

Repeal and re-enactment of section 366

40. Section 366 of the principal Act is hereby repealed and the following substituted therefor: —

“Court for trial of offences

366. Unless the context otherwise requires, any offence under this Act or the Merchant Shipping Acts may be tried by a District Court or a Magistrate’s Court and such Court shall, notwithstanding the provisions of the Criminal Procedure Code (Cap. 113) and any other written law, have jurisdiction to impose the maximum penalty provided for by this Act and the Merchant Shipping Acts.”.

Amendment of section 367

41. Section 367 of the principal Act is hereby amended by inserting immediately after the expression “Director,” appearing in the fourth line thereof the expression “the Port Master,”.

Repeal of section 371

42. Section 371 of the principal Act and the sub-heading thereto are hereby repealed.

Amendment of section 390

43. Subsection (1) of section 390 of the principal Act is hereby amended by inserting immediately after the word “Director” appearing in the first line thereof the expression “, the Port Master”.

New section 391A

44. The principal Act is hereby amended by inserting immediately after section 391 thereof the following new section: —

“Protection to Authority

391A. The Authority and every officer of the Authority shall not be liable for any suit, claim or demand by reason of anything in good faith done or refused pursuant to this Act.”.

Transfer of Government employees

45.—(1) Upon the date of commencement of this Act such persons, as the Minister may think fit, who were employed by the Government prior to the date of commencement of this Act in the performance of —

(a)	the duties of the Director of Marine relating to wrecks and the control of shipping under Part X of the principal Act which was in force prior to the date of commencement of this Act; and
(b)	the duties relating to the maintenance and operation of boarding craft belonging to or used by the Government,

shall be transferred to the service of the Authority on terms as near as may be to those they had enjoyed immediately prior to the date of commencement of this Act and such terms, which shall be determined by the Authority, shall take into account salaries and conditions of service enjoyed by them when in the employ of the Government.

(2) The Minister shall make rules to provide for the payment to every person mentioned in subsection (1) of this section of benefits not less in value than the amount of any pension, gratuity or allowance for which such person or his dependants would have been eligible under the Pensions Act (Cap. 55) and the regulations made thereunder had he continued to be in the service of the Government. Nothing in such rules shall adversely affect any of the conditions that would have been applicable to such pension, gratuity or allowance under that Act or those regulations.

(3) Where any person who is transferred to the service of the Authority under the provisions of this Act is a contributor under the Widows’ and Orphans” Pension Act (Cap. 58) he shall for the purpose of that Act continue to make contributions under that Act as if he had not been transferred to the service of the Authority and for the purpose of that Act, his service with the Authority shall be deemed to be service with the Government.

(4) Nothing in this section shall preclude the secondment to the Authority of officers in the employment of the Government on such terms as may be agreed upon by the Government and the Authority.

Transitional provisions

46. In any written law and in any document whatsoever unless the context otherwise requires, any reference to the officer of the Government whose duty it is to grant port clearance to any vessel shall be construed as a reference to the Port Master.

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