5. Part XIV of the Ordinance is hereby repealed and the following substituted therefor: —“PART XIV Ships which may be registered |
504.—(1) Any ship over fifteen tons wherever built and whether owned by a citizen of Singapore or a body corporate established or registered in Singapore or by a citizen or national of any foreign country or a body corporate established or registered outside Singapore, may be registered as a Singapore ship under this Part.(2) 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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505. The following ships shall not be required to be registered: —(a) | any ship not exceeding fifteen tons; | (b) | any native sailing ship; | (c) | any boat licensed under section 454 of this Ordinance; and | (d) | any fishing vessel licensed under the Fisheries Act, 1966 (Act 14 of 1966). |
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Registrar of Singapore ships |
506.—(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 by him in his character as Registrar unless the same has happened through his neglect or wilful act. |
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507.—(1) An application for the registry of a ship shall be made in the case of individuals by the person applying to be registered as owner or by some one or more persons so applying 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.(2) The application shall be made in the prescribed form and shall be supported by a statutory declaration containing the following particulars relating to the ship: —(a) | the name of the ship and its net tonnage; | (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; | (c) | a statement as to the owner of the ship and his citizenship and if the ship is owned by more than one person, the number of shares each of them is entitled to; | (d) | a statement of the name of the master and his citizenship; and | (e) | a statement that to the best of his knowledge and belief no other person other than those declared is entitled as owner to any legal or beneficial interest in the ship or any share thereof. |
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508.—(1) The certificate of registry shall be in such form as may be prescribed by the Minister.(2) The certificate of registry shall state —(a) | the name of the owner of the ship, his occupation and address, and if there are more owners than one, the proportions in which they are interested in the ship; | (b) | the name of the master; | (c) | the date and place where the ship was built; and | (d) | the details given in the certificate of measurement. |
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(3) The Minister may by regulation prescribe the form of endorsements that may be made on the certificate of registry from time to time to record changes in the particulars without issue of a new certificate. |
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Survey and measurement of ship |
509.—(1) Every ship shall before registry be surveyed and measured by a surveyor of ships and her tonnage ascertained in accordance with the provisions of any regulations made under this Part.(2) The surveyor shall grant a certificate of measurement 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. |
(3) The certificate of measurement shall be delivered to the Registrar before registry. |
(4) Until provision is made by regulations made under this Part, the tonnage as ascertained under the rules and regulations of any maritime nation may be accepted as the tonnage of a Singapore ship, for the purposes of this Part. |
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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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Permanent certificate of registry |
511. Upon receipt of the application under section 507 of this Ordinance and upon payment of the initial registration fee provided for in section 512 of this Ordinance, the Registrar may issue a permanent certificate of registry for the ship but before doing so he shall satisfy himself —(a) | that any foreign certificate of registry or ship’s document for the ship has been lawfully cancelled or has been surrendered with the consent of the Government which issued it; | (b) | that the ship is in a seaworthy condition; | (c) | that a certificate of measurement for the ship has been issued under section 509 of this Ordinance; and | (d) | that the requirements of section 510 of this Ordinance as to the marking of the ship has been complied with. |
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Initial registration fee and annual tonnage tax |
512.—(1) An initial registration fee of Singapore two dollars and fifty cents per net ton and an annual tonnage tax of twenty cents per net ton shall be payable in respect of every Singapore ship. The said fee and tax shall not be increased for a period of twenty years from the date of initial registration of the ship:Provided that for any ship of less than five hundred net tons the registration fee and the annual tonnage tax shall be equal to that required for a ship of five hundred net tons. |
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(2) All unpaid fees and tonnage taxes due to the Registrar shall constitute a maritime lien on the ship, subject only to liens for wages and salaries. |
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Provisional certificate of registration |
513.—(1) The Registrar may if so requested by the applicant and on payment of the prescribed fee issue a provisional certificate of registration where he is satisfied —(a) | where the ship has a foreign certificate of registry, that such certificate has been cancelled or that the Government which issued it has consented to its surrender and cancellation and the certificate has been surrendered for cancellation or that steps have been taken to cause it to be so surrendered; | (b) | that the ship is in a seaworthy condition; and | (c) | that the marking of the ship as required under section 510 of this Ordinance has been made or that steps have been taken to cause them to be made as soon as the provisional certificate of registration is obtained. |
(2) If the owner of the ship fails within a period of thirty days after the issue of the provisional certificate to furnish satisfactory proof to the Registrar that the foreign certificate of registry of the ship has been surrendered for cancellation and that the provisions of section 510 of this Ordinance have been complied with or if within such period it is established that the owner will not or will not be able to comply with such requirements, the Registrar may cancel the provisional certificate of registration. |
(3) If the Registrar is satisfied after the issue of the provisional certificate of registration —(a) | that the foreign registry of the ship has been cancelled; | (b) | that the provisions of section 510 of this Ordinance as to the marking of the ship have been complied with; and | (c) | that the ship has been measured and surveyed and a certificate of measurement issued, |
he may, on surrender of such provisional certificate, issue a permanent certificate of registration. |
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(4) The fees payable shall be adjusted in accordance with the tonnage established by the certificate of measurement. |
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Provisional certificate where ship is in a foreign port |
514.—(1) Where the ship in respect of which a certificate of registry is applied for is in a port outside Singapore a provisional certificate of registration may be issued under section 513 of this Ordinance by the Registrar or a diplomatic or Consular Officer of Singapore.(2) A copy of any provisional certificate issued otherwise than by the Registrar shall be forthwith forwarded to the Registrar. |
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Form and duration of provisional certificate |
515.—(1) The provisional certificate shall be in such form as may be prescribed.(2) Unless sooner surrendered or invalidated a provisional certificate shall have effect for the period of one year from the date of issue and shall entitle the ship to the privileges of a Singapore ship. |
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Evidence on first registry |
516. On the registry of a ship which has not been previously registered under the laws of any country the person applying for the certificate of registry shall in addition to giving the particulars required under section 507 of this Ordinance produce a certificate signed by the master 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 such other circumstances as are usually descriptive of the identity of the ship. |
517. 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 whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship. |
Cancellation of certificate |
518. The Minister may cancel a Singapore ship’s certificate of registry or any other certificates held by the ship or impose such conditions as may be required on the grounds of failure to comply with any requirements contained in or made under this Ordinance, or any regulations made thereunder, or on the ground of failure to comply with the requirements of any international convention applicable to Singapore. |
519.—(1) A Singapore ship shall be transferred by a bill of sale.(2) The bill of sale shall be in the prescribed form and shall contain such description of the ship as is contained in the certificate of registry and shall be executed by the transferor in the presence of and be attested by a witness or witnesses. |
(3) Where a Singapore ship has been transferred without a change of flag she shall be registered anew under her former name and 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 as to registry being duly complied with, shall make such registry anew and grant a new certificate of registry thereof. |
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Transfer of ship to another flag |
520.—(1) The owner of a Singapore ship who wishes to transfer the ship to a foreign registry may do so if there are no claims outstanding against the ship in Singapore and on surrender of the certificate of registry to the Registrar or a diplomatic or Consular Officer of Singapore.(2) The owner shall submit to the Registrar a written application specifying the name of the ship, the reasons for the proposed transfer, the name and nationality of the proposed new owner and the name of the country to whose registry transfer is desired. |
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Transmission of property in ship on bankruptcy, death, etc |
521.—(1) Where the property in a Singapore ship is transmitted to a person on the 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 referred to as “a declaration of transmission”) identifying the ship and containing the several statements hereinbefore required to be contained in a bill of sale, 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 is consequent on bankruptcy, the declaration of transmission shall be accompanied by such evidence as if for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy; and | (c) | 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 provisions of this Part relating to the transfer of Singapore ships shall apply mutatis mutandis to the transmission of Singapore ships and the declaration of transmission shall be deemed to have the same effect as a bill of sale. |
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Transfer of ship or sale by order of court |
522. 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 |
523. 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 specified time 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. |
524.—(1) The Minister may make regulations under this Part to provide for the mortgage of Singapore ships.(2) Until provision is made by regulations made under this Part the provisions of sections 31 to 46 of the United Kingdom Merchant Shipping Act, 1894 (which relate to the mortgage of British ships) shall, subject to any necessary modifications, apply to the mortgage 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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[57 & 58 Vict. c. 60.] |
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525.—(1) A Singapore ship shall not be described by any name other than that by which she is for the time being registered.(2) A change shall not be made in the name of a Singapore ship without the previous written permission of the Registrar. |
(3) 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. |
(4) Any person who wishes to lodge an objection to the proposed change of name may do so in writing addressed to the Registrar to reach him not later than seven days from the date of the publication of the notice. |
(5) If the Registrar receives no objections to the proposed change of name or having received an objection does not uphold the objection, he may on payment of the prescribed fee approve the change of name. |
(6) On the approval of the change of name, the ship’s name shall be altered in the certificate of registry and on her bows and stern. |
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526.—(1) When a Singapore ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the certificate of registry, the owner shall apply for the ship to be registered anew.(2) The Registrar shall on receipt of the application and on production of a certificate from a surveyor stating the particulars of the alteration 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 as to registry being complied with, shall make such registry anew and grant a new certificate of registry containing a description of the ship as altered. |
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Crew list of Singapore ship |
527.—(1) The master of every Singapore ship engaged in home and local trade voyages shall be required to maintain on his crew list such percentage of seamen who are citizens of Singapore as may be pescribed by the Minister.(2) The master of every foreign-going Singapore ship shall be entitled to a refund of fifty per cent of the annual tonnage tax paid by him for any year if during the said year he maintains on his crew list twenty-five per cent or more of seamen who are citizens of Singapore. |
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National colours for Singapore ships |
528.—(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 the consent of 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 for not showing colours |
529.—(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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530.—(1) The Minister may make such regulations as he considers necessary or expedient to implement the provisions of this Part and in particular to prescribe fees payable and to prescribe all matters and forms required to be prescribed.(2) Without prejudice to the generality of subsection (1) of this section, the Minister may make regulations —(a) | for ascertaining the registered tonnage of ships; and | (b) | for establishing standards of sea-worthiness required for the registration of ships. |
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531. The Minister may, from time to time by order and either generally or for any period stated in such order and subject to such conditions as may in such order be stated, exempt from any of the provisions of this Part or any regulations made thereunder any person or class of persons or any ship or class or description of ships.”. |
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