Essential (Fishing Craft and Crew Pass) Regulations

Emergency (Essential Powers) Act

(CHAPTER 90, Section 2)

Rg 10

REVISED EDITION 1990

(25th March 1992)

[29th April 1965]

Citation

1. These Regulations may be cited as the Essential (Fishing Craft and Crew Pass) Regulations.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“master of a vessel” includes every person having command or charge of a vessel;

“member of the Security Forces” means any police officer or any member of the Singapore Armed Forces or of any visiting forces lawfully present in Singapore;

“Minister” means the Minister charged with the responsibility for defence;

“vessel” means such fishing craft as are specified in the First Schedule and includes any boat on tow to any such craft;

(2) The Minister may amend the First Schedule from time to time as he thinks fit.

Fishing craft and crew pass

3.—(1) Every master of a vessel shall whenever he takes the vessel out to sea have in his possession a valid pass issued under these Regulations (referred to in these Regulations as a pass) together with such certificates as may be issued under regulation 5.

(2) A pass may be obtained by the master of a vessel from the issuing authority upon application in that behalf being made in the Form 1 set out in the Second Schedule.

(3) The master of a vessel applying for a pass shall, in addition to furnishing the particulars required by that Form, produce to the issuing authority two copies each of the photographs of the vessel and of the members of the crew of the vessel, together with the national registration identity cards of such members for checking against the correctness of the particulars stated in that Form; and no pass shall be issued by an issuing authority until paragraphs (1) and (2) have been complied with and he is satisfied that the particulars stated in that Form are correct and that the national registration identity cards so produced are in order.

(4) For the purpose of paragraph (3), it shall, notwithstanding the provisions of any other written law to the contrary, be lawful for the master of a vessel to require his crew to place in his custody their national registration identity cards; and until the cards are returned to the crew, the master of the vessel shall be responsible for the custody thereof.

(5) A pass shall be in the Form 2 set out in the Second Schedule and shall be valid for a period of 6 months from the date of issue thereof.

Prohibition against taking identity cards to sea

4. No person who is the master of a vessel or a member of the crew thereof shall take to sea his national registration identity card.

Change in crew

5.—(1) Paragraph (2) or (3), as the case may be, shall apply whenever a master of a vessel intends to go to sea with a crew different from that notified in the pass (whether in number or identity).

(2) Where a change in the number or identity of the crew is of a temporary nature only, the master shall notify the issuing authority of the change; and the issuing authority shall, if he is satisfied as to the change, issue to the master a certificate of change in crew in the Form 3 set out in the Second Schedule.

(3) Where a change is permanent, the master shall produce to the issuing authority the pass together with two copies each of the photographs of any additional or replacement members of the crew and the national registration identity cards of such members; and the issuing authority shall, if he is satisfied that the particulars of the change are correct and that the national registration identity cards of any additional or replacement members of the crew are in order, make such deletion from, additions to or alterations in the pass as may be necessary and shall then return the pass to the master.

(4) If paragraphs (2) and (3) are not complied with by the master or if the particulars in the pass or in the certificate with respect to the crew on board the vessel are at any time found to be false, the issuing authority may cancel the pass; and such cancellation shall be without prejudice to any other proceedings that may be brought against the master.

(5) Where any pass has been cancelled under paragraph (4), the issuing authority shall not issue a new pass without first obtaining the approval of the Minister.

Unauthorised travel in vessels prohibited

6. No person shall travel on board a vessel unless his name and particulars are recorded in a pass or certificate issued in respect of that vessel.

Enforcement officers

7. Any person specified in the Third Schedule shall have power to stop and search a vessel whether within or without the territorial waters, and to arrest any person who is found contravening any of the provisions of these Regulations.

Delegation

8. The issuing authority may in writing delegate to any person all or any of the powers conferred on him by these Regulations except that conferred by regulation 5(4).

Extent of jurisdiction

9. Notwithstanding the provisions of any written law to the contrary any offence against these Regulations committed outside the territorial waters of Singapore shall be triable in any court in Singapore as if the offence had been committed in Singapore.

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