| Carriage of Goods by Sea Bill |
Bill No. 34/1972
| Read the first time on 24th October 1972. |
| An Act to make further provision with respect to the carriage of goods by sea, and to repeal the Carriage of Goods by Sea Act (Chapter 184 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 Carriage of Goods by Sea Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. |
| Application of Hague Rules as amended |
| 2. In this Act, “the Rules” means the International Convention for the unification of certain rules of law relating to bills of lading made at Brussels on 25th August, 1924, as amended by the Protocol made at Brussels on 23rd February, 1968, and which are set out in the Schedule to this Act. |
| Application of Rules |
| 3. Subject to the provisions of this Act, the Rules have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Singapore to any other port whether in or outside Singapore. |
| Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply |
| 4. There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship. |
| Statement as to application of Rules to be included in bills of lading |
| 5. Every bill of lading or similar document of title issued in Singapore which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the Rules as applied by this Act. |
| Modification of Article VI of Rules in relation to local trade |
6. Article VI of the Rules has effect in relation to —
|
| Modification of Rules 4 and 5 of Article III in relation to bulk cargoes |
| 7. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper. |
| Saving and operation |
| 8. Nothing in this Act affects the operation of sections 294 and 295 of the Merchant Shipping Act as amended by any subsequent Act (Cap. 172), or the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels. |
| Repeal |
| 9. The Carriage of Goods by Sea Act (Cap. 184) is hereby repealed. |