Merchant Shipping (Discharge Books) Regulations 1996

No. S 46

Merchant Shipping Act 1995

(Act 19 of 1995)

Merchant Shipping (Discharge Books) Regulations 1996

In exercise of the powers conferred by section 90 of the Merchant Shipping Act 1995, the Minister for Communications hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Discharge Books) Regulations 1996 and shall come into operation on 2nd February 1996.

Persons who may apply for discharge book

2. Every person who —

(a)	is a citizen or a permanent resident of Singapore; and
(b)	has undergone a course conducted by any approved training establishment or any approved apprenticeship scheme,

may apply for a discharge book.

Application for discharge book

3.—(1) A person applying for a discharge book shall —

(a)	make an application in accordance with paragraph (2);
(b)	unless it has been lost or destroyed, produce to the Director the last discharge book previously held by him; and
(c)	if the last discharge book previously held by him has been lost or destroyed, produce to the Director a statutory declaration to that effect.

(2) An application for the issue of a discharge book shall be made in writing to the Director and shall state the applicant’s name and the other particulars as set out in the Schedule.

(3) An applicant shall furnish to the Director a passport-size photograph of himself and such other documents as the Director may require for a proper consideration of the application.

Issue of discharge book

4. When a person applying for a discharge book has paid the prescribed fee, the Director shall issue to him a discharge book.

Form and contents of discharge book

5. A discharge book shall be in a book form and shall provide for there to be recorded in it from time to time, in relation to its holder, statements of the following particulars:

(a)	the particulars set out in the Schedule;
(b)	the name of each ship in which he is employed, its port of registry, official number and gross or nett registered tonnage, the capacity in which he is employed in the ship, the date on which and the place at which he begins to be so employed, and the description of each voyage and the date and place of his discharge; and
(c)	the dates and nature of training courses (including pre-sea training courses) he has attended and the certificates or other qualifications (if any) obtained.

Entries in discharge book

6.—(1) An entry in a discharge book of any of the particulars referred to in paragraph 5 may be made by the Director.

(2) Without prejudice to paragraph (1), an entry in a discharge book of any of the particulars referred to in regulation 5(b) may be made by —

(a)	the master of the ship in which the holder of the discharge book is employed; or
(b)	one of ship’s officer authorised by the master in that behalf.

(3) Any person authorised by this regulation to make an entry in a discharge book shall, upon the discharge book being produced to him for that purpose, make the entry unless the entry of the same particulars appears to have been duly made in the discharge book.

(4) A master who authorises an officer of his ship to make an entry in a discharge book on his behalf shall enter in the official log book the name and rank of the officer so authorised.

Correction of entries

7. The Director may at any time correct any entry in a discharge book.

Making of authorised entry, etc., in discharge book

8.—(1) No person other than a person authorised by regulation 6 or 7, acting in accordance with the provisions of those regulations, shall make any mark or entry upon, or erase, cancel or alter any mark or entry made upon or otherwise deface or destroy, a discharge book or any certificate of discharge.

(2) Any person who contravenes this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Production of discharge book

9.—(1) The holder of a discharge book shall produce it on demand at any time to —

(a)	the Director; or
(b)	the master of the ship in which the holder of the discharge book is employed.

(2) The holder of a discharge book who fails to produce it when required to do so in accordance with this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

Delivery of discharge book to Director

10.—(1) A master having possession of a discharge book issued to a person —

(a)	who has died, shall deliver it to the Director to whom he makes a return of that person’s death in accordance with the Merchant Shipping (Returns of Births and Deaths) Regulations 1996;
(b)	who is not present when he is discharged in Singapore, shall deliver it to the Director within 2 working days after the discharge or as soon as practicable thereafter;
(c)	who is left behind or not present when discharged in any country, shall deliver it to the Director within 21 days after that person is left behind or discharged or as soon as practicable thereafter.

(2) Any person other than a master having possession of a discharge book shall, immediately after he becomes aware that the holder has died, or been discharged from any ship, or been left behind in any country, deliver it to the Director.

(3) A person who fails to comply with the requirements of this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

Surrender of discharge book to Director

11.—(1) If it appears to the Director —

(a)	that the holder of a discharge book was not entitled to apply for it at the time it was issued to him; or
(b)	that the person having possession of a discharge book is not the holder thereof,

the person, including the holder, having possession of a discharge book shall, on demand made by the Director, surrender it to him.

(2) Any person who fails to comply with the requirements of this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

New discharge book

12. The holder of a discharge book may apply for a new discharge book when —

(a)	his discharge book is lost, destroyed or defaced; or
(b)	the spaces provided in it for entries of any particulars except those referred to in the Schedule have been filled up.

Discretion of Director in relation to issue, etc., of discharge book

13.—(1) Notwithstanding anything to the contrary contained in these Regulations, the Director may, if he thinks fit —

(a)

allow any person who does not satisfy the conditions specified in regulation 2 to apply for a discharge book;

(b)

refuse to issue a discharge book; or

(c)

require the holder of a discharge book to surrender it to him if the holder —

(i)	being a rating registered with the National Maritime Board, has his registration suspended or cancelled;
(ii)	being a certificated officer, has his certificate of competency suspended or cancelled; or
(iii)	in the opinion of the Director, is not a fit and proper person for employment on board a ship.

(2) The holder of a discharge book who fails to surrender his discharge book to the Director when required to do so under paragraph (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

Made this 30th day of January 1996.

TEO MING KIAN

Permanent Secretary,
Ministry of Communications,
Singapore.

[MARINE 0140/2B; AG/SL/10/92 Vol. 2]

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