Interpretation of this Part
Open ↗134. In this Part —“Convention” means the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims and set out in the First Schedule;
“ship” in the Convention includes —(a)
any air-cushion vehicle designed to operate in or over water while so operating; and
(b)
any structure (whether completed or in the course of completion) launched and intended for use in navigation as a ship or part of a ship.[56/2004; 3/2019]
Exclusion of liability
Open ↗135.—(1) Subject to subsection (3), the owner of a Singapore ship is not liable for any loss or damage —(a)
where any property on board the ship is lost or damaged by reason of fire on board the ship; or
(b)
where any gold, silver, watches, jewels or precious stones on board the ship are lost or damaged by reason of theft, robbery or other dishonest conduct and their nature and value were not at the time of shipment declared by their owner or shipper to the owner or master of the ship in the bill of lading or otherwise in writing.[56/2004]
(2) Subject to subsection (3), where the loss or damage arises from anything done or omitted by any person in his or her capacity as master or member of the crew or (otherwise than in that capacity) in the course of his or her employment as a servant of the owner of the ship, subsection (1) also excludes the liability of —(a)
the master, member of the crew or servant; and
(b)
in a case where the master or member of the crew is the servant of a person whose liability would not be excluded by that subsection apart from this paragraph, the person whose servant he or she is.[56/2004]
(3) This section does not exclude the liability of any person for any loss or damage resulting from any such personal act or omission of the person as is mentioned in Article 4 of the Convention.[56/2004]
(4) In this section, “owner”, in relation to a ship, includes any part owner and any charterer, manager or operator of the ship.[56/2004]
Limitation of liability for maritime claims
Open ↗136.—(1) Subject to this Part, the provisions of the Convention, other than paragraph 1(d) and (e) of Article 2 of the Convention, have the force of law in Singapore.[56/2004]
(2) In paragraph 2 of Article 2 of the Convention —(a)
the reference to paragraph 1 is a reference to paragraph 1(a), (b), (c) and (f) of that Article; and
(b)
the reference to paragraph 1(d), (e) and (f) is a reference to paragraph 1(f) of that Article.[3/2019]
(3) For the purposes of paragraph 3 of Article 6 of the Convention, a claim in respect of damage to harbour works, basins, waterways or aids to navigation has priority over any other claim under paragraph 1(b) of that Article.[56/2004]
(4) Despite paragraph 2 of Article 1 of the Convention, the right to limit liability under the Convention applies in relation to any ship whether seagoing or not, and “shipowner” in that paragraph has a corresponding meaning.[56/2004]
General limits
Open ↗137.—(1) In the application of Article 6 of the Convention —(a)
to a ship licensed as a harbour craft under the Maritime and Port Authority of Singapore Act 1996, that Article has effect as if the aggregate of the amounts in paragraph 1(a)(i) and (b)(i) referred to the sum insured under the policy of insurance for the time being required by the Port Master under that Act to be in force in relation to that harbour craft in respect of third party risks; and
(b)
to any other ship with a tonnage less than 300 tons, that Article has effect as if —(i)
paragraph 1(a)(i) referred to 166,667 Units of Account; and
(ii)
paragraph 1(b)(i) referred to 83,333 Units of Account.[56/2004]
(2) For the purposes of Article 6 of the Convention and subsection (1)(b), a ship’s tonnage is its gross tonnage calculated in such manner as may be prescribed by an order made by the Minister.[56/2004]
(3) Any order under this section must, so far as appears to the Minister to be practicable, give effect to the regulations in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.[56/2004]
Limit for passenger claims
Open ↗138. In the case of a passenger ship within the meaning of Part 5, the ship’s certificate mentioned in paragraph 1 of Article 7 of the Convention is the passenger ship’s certificate issued under or recognised by regulations made under section 100.[56/2004]
Constitution and distribution of fund
Open ↗139.—(1) The Authority may, from time to time, by order prescribe the rate of interest to be applied for the purposes of paragraph 1 of Article 11 of the Convention.[56/2004]
(2) Where a fund is constituted with the General Division of the High Court in accordance with Article 11 of the Convention for the payment of claims arising out of any occurrence, the General Division of the High Court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted.[56/2004; 40/2019]
(3) No lien or other right in respect of any ship or property is to affect the proportions in which under Article 12 of the Convention the fund is distributed among several claimants.[56/2004]
Bar to other actions
Open ↗140. Where the release of a ship or other property is ordered under paragraph 2 of Article 13 of the Convention, the person on whose application it is ordered to be released is deemed to have submitted to the jurisdiction of the General Division of the High Court to adjudicate on the claim for which the ship or property was arrested or attached.[56/2004; 40/2019]
Meaning of “State Party”
Open ↗141. The Minister may, by order in the Gazette, declare that any State specified in the order is, or was at a date specified in the order, a party to the Convention in respect of a particular country, and any such order is conclusive evidence that that State is, while the order remains in force, or was at that date, a party to the Convention in respect of that country.[56/2004]
Units of Account
Open ↗142.—(1) For the purposes of Article 6 of the Convention, the Authority may certify the respective amounts in Singapore dollar which are to be taken as equivalent for a particular day to the sums expressed in special drawing rights in that Article.[56/2004]
(2) A certificate given by the Authority under subsection (1) is conclusive evidence of the matters referred to in that subsection for the purposes of that Article; and a document purporting to be such a certificate must, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.[56/2004]
(3) The Authority may charge any fee that it may determine for any certificate given by it under this section.[56/2004]
Amendment of First Schedule
Open ↗143. The Minister may, by order in the Gazette, amend the First Schedule in accordance with any revision to the Convention or to any protocol to the Convention which may apply to Singapore from time to time.[56/2004; 3/2019]
Saving
Open ↗144.—(1) Nothing in section 5(a) or 16(b) or (c) of the Merchant Shipping (Miscellaneous Amendments) Act 2019 applies in relation to any liability arising out of an occurrence which took place before 29 December 2019, and this Act as in force immediately before that date continues to apply in relation to such an occurrence as if that provision had not been enacted.[3/2019]
(2) Nothing in section 16(a) of the Merchant Shipping (Miscellaneous Amendments) Act 2019 applies in relation to any liability arising out of an occurrence which took place before 24 July 2021, and this Act as in force immediately before that date continues to apply in relation to such an occurrence as if that provision had not been enacted.[3/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
