Offences by bodies corporate, etc.
60.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his or her part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his or her part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) The Authority may, with the approval of the Minister, by regulations, provide for the application of any provision of this section, with any modifications that the Authority considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
(6) In this section —“body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate — means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership) — means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
Forgery, etc., of documents and fraudulent use
61.—(1) Any person who forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures or suffers to be forged or fraudulently altered —(a)
any seafarer’s employment agreement, certificate, declaration or other document prescribed by this Act (including replacement or certified copies of those documents or certified extracts from those documents) or any entry or endorsement prescribed by this Act to be made in or on any of those documents; or
(b)
any document produced to the Director for the purposes of obtaining for the person or any other person any certificate, book or other document issued under this Act (including replacement or certified copies of those documents) or for the purposes of obtaining an entry or endorsement in or on any of those documents,
shall be guilty of an offence.
(2) Any person who fraudulently uses or allows any other person to fraudulently use —(a)
any of the documents mentioned in subsection (1) which is forged, altered or otherwise false or misleading in any material particular; or
(b)
any of the documents mentioned in subsection (1)(a) which has expired or has been cancelled or suspended, or has become invalid for any reason,
shall be guilty of an offence.
(3) Any person who fraudulently uses any document mentioned in subsection (1)(a) which is issued to or issued in relation to a person, and the firstmentioned person is not that person named in the document or to which the document relates, shall be guilty of an offence.
(4) Any person who allows any other person to fraudulently use any of the documents mentioned in subsection (1)(a) which is issued to or issued in relation to a person and that other person is not the person named in that document or to which the document relates, shall be guilty of an offence.
(5) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Document obtained by fraud
62. The Director may cancel any certificate issued under this Act which is fraudulently obtained and the person to whom the certificate has been issued must, on being notified by the Director of its cancellation, forthwith deliver it or cause it to be delivered to the Director.
Interfering with person in carrying out duty, etc.
63. Any person who —(a)
by violence, threat or intimidation hinders or interferes with or otherwise obstructs the master or an officer of a ship in performing his or her duty under this Act; or
(b)
resists or wilfully obstructs, assaults, molests or otherwise intimidates a person who is carrying out or exercising any duty, function, right or power imposed on that person by this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
Misleading officer, refusal to answer questions, produce documents, etc.
64. Any person who —(a)
misleads any other person on whom a duty, function or power is imposed under this Act in any material particular which is likely to affect the discharge thereof;
(b)
refuses to answer any question lawfully put to the person, or to produce documents in the person’s possession or custody lawfully demanded of the person;
(c)
refuses to give all reasonable assistance to any other person who is carrying out any duty, function or power imposed on the other person under this Act; or
(d)
refuses to attend as a witness before the Director, an inspector, a surveyor of ships or a person duly authorised by the Director under section 58, or to furnish a sworn statement when required by the Director or an inspector,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Taking person performing duty to sea
65.—(1) If any person performing his or her duties or functions under this Act is taken to sea in a ship without his or her consent, the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $10,000.
(2) Upon the conviction of the shipowner and the master for an offence under subsection (1), the shipowner and the master are jointly and severally liable to pay all expenses incidental to the person’s return to duty.
Provision as to jurisdiction in case of offences
66. For the purpose of conferring jurisdiction under this Act, every offence is deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the offence actually was committed or arose or in any place in which the offender or person complained against may be.
Jurisdiction in case of offences on board ship
67. Where any person is charged with having committed any offence on board any Singapore ship on the high seas or elsewhere outside Singapore and that person is found within the jurisdiction of any court in Singapore which would have had cognizance of the offence if it had been committed on board a Singapore ship within the limits of its ordinary jurisdiction, that court has jurisdiction to try the offence as if it had been so committed.
Jurisdiction of court
68. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
69.—(1) The Director may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following sums:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
a sum of $3,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) The Authority may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded.
(4) All sums collected under this section must be paid to the Consolidated Fund.
Sums ordered to be paid leviable by distress on ship
70. Where any court has power to make an order directing payment to be made of any seafarer’s wages, fines or other sums of money, then, if the party so directed to pay the same is the shipowner employing the seafarer, and the same is not paid at the time and in the manner prescribed in the order, the court which made the order may, in addition to payment, direct the amount remaining unpaid to be levied by distress and sale of the ship and its equipment.
Depositions to be received in evidence when witness cannot be produced
71.—(1) Whenever in the course of any legal proceedings instituted before any court, or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of that proceedings, then upon due proof that the witness cannot be found in Singapore, any deposition that the witness has previously made on oath in relation to the same subject matter before any judge, magistrate or any consular officer elsewhere is admissible in evidence subject to the following provisions:(a)
if the deposition was made in Singapore, it is not admissible in any proceedings instituted in Singapore; and
(b)
if the proceedings are criminal, it is not admissible unless it was made in the presence of the person accused.
(2) A deposition so made must be authenticated by the signature of the judge, magistrate or consular officer before whom it is made; and the judge, magistrate or consular officer must certify, if the fact is so, that the accused was present at the making of the deposition.
(3) A deposition so made is deemed to be duly authenticated if it purports to be signed by the judge, magistrate or consular officer before whom it is made.
(4) It is not necessary in any case to prove the signature or official character of the person appearing to have signed the deposition, and in any criminal proceedings a certificate under this section is, unless the contrary is proved, sufficient evidence of the accused having been present in the manner certified.
(5) This section does not affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any written law nor interfere with the practice of any court in which depositions not authenticated as mentioned in this section are admissible.
Proof of attestation not required
72. Where any document is required by this Act to be executed in the presence of or to be attested by any witness, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness.
Admissibility of documents in evidence
73.—(1) The following documents are admissible in evidence:(a)
any register under Part 2 of the Merchant Shipping Act 1995 on its production from the custody of the Registrar of Singapore ships or other person having lawful custody of it;
(b)
a certificate of registry under Part 2 of the Merchant Shipping Act 1995 purporting to be signed by the Registrar of Singapore ships;
(c)
any amendment to a certificate of registry purporting to be signed by the Registrar of Singapore ships;
(d)
every declaration made pursuant to Part 2 of the Merchant Shipping Act 1995 in respect of a Singapore ship;
(e)
a declaration issued under section 50;
(f)
a certificate issued or purporting to be issued in accordance with sections 27, 51 and 52.
(2) The documents mentioned in subsection (1) are, on their production from the proper custody, admissible in evidence in any court or before any person having by law or by consent of parties authority to receive evidence, and, subject to all just exceptions, are evidence of the matters stated in those documents pursuant to this Act or by any officer pursuant to his or her duties as such officer.
(3) A copy of any such document or extract from the document is also admissible in evidence, if it is proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer must furnish such certified copy or extract to any person applying at a reasonable time for the certified copy or extract, on payment of such fee as may be prescribed.
Service of documents
74.—(1) Where for the purposes of this Act, any document is to be served on any person, that document may be served —(a)
in any case — by delivering a copy of the document personally to the person to be served, or by leaving the copy at the person’s last known place of residence or place of business;
(b)
if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship — by leaving the document for the master or person on board that ship with any person being or appearing to be in command or charge of the ship; and
(c)
if the document is to be served on the master of a ship, where there is no master, and the ship is in Singapore — on the operator of the ship, or on some agent of the owner residing in Singapore, or by affixing a copy of the document at the means of access to the ship, or in any place on board the ship which appears to be frequented by people.
(2) Any person who obstructs the service on the master of a ship of any document shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(3) Any shipowner or master of the ship who is party or privy to such obstruction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
Mode of making declarations
75.—(1) Any declaration required by this Act may be made before the Director, a Justice of the Peace, a Commissioner for Oaths, a surveyor of ships or any other person authorised to take or receive a declaration by any law in force in Singapore.
(2) Any declaration required by this Act may be made on behalf of a body corporate by the director, manager, secretary or other officer, or any other agent of the body corporate authorised by the body corporate for that purpose.
Director may authorise person to exercise powers and duties
76. The powers conferred and the duties imposed on the Director under this Act may, subject to his or her directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director.
Protection from personal liability
77. No liability shall lie personally against the Director or any member, officer or employee of the Authority acting under the direction of the Director or the Authority for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with —(a)
the exercise or purported exercise of any power under this Act;
(b)
the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act; or
(c)
the compliance or purported compliance with this Act.
Persons appointed or authorised under Act deemed public servants
78. Every person appointed or authorised under this Act for any of the purposes of this Act, when acting pursuant to any such purpose, is deemed to be a public servant within the meaning of the Penal Code 1871.
Powers of Authority to prescribe fees, recovery of fees and application of moneys
79.—(1) The Authority may, with the approval of the Minister, make regulations prescribing the fees to be paid in respect of the issue or recording of any certificate or other document or the doing of any other thing pursuant to this Act.
(2) All fees prescribed under this Act must be paid to the Authority.
(3) All fees due to or which may be recovered by the Authority under this Act are, without affecting any other remedy, recoverable in the same manner as salvage is recoverable.
(4) The Authority may, where it considers appropriate in a particular case, waive, refund or remit the whole or any part of any fee paid or payable to it.
(5) All moneys recovered or received under this Act must be paid to the Authority.
(6) In this section, “fees” includes —(a)
the fees in respect of any certificate or document issued under this Act; and
(b)
the fees in respect of services rendered to or in relation to a ship by the Director or a person authorised by the Director.
Exemption on application
80.—(1) The Director may, on the application of any person, exempt that person from complying with any requirement of this Act or any regulations made under this Act.
(2) An exemption under subsection (1) —(a)
must not be inconsistent with Singapore’s obligations under the Convention;
(b)
may be granted subject to such terms or conditions as the Director considers appropriate;
(c)
has effect for such period as the Director considers appropriate; and
(d)
must be in writing and sent by the Director to the person to whom the exemption is granted.
(3) The Director must notify any applicant in writing of its decision under subsection (1) not to grant an exemption.
(4) An exemption under subsection (1), unless previously revoked in accordance with the terms of the exemption or under subsection (5), continues in force for the period specified in the exemption.
(5) The Director may, on the application of any person —(a)
extend the period for which an exemption granted under subsection (1) has effect;
(b)
vary or revoke any existing term or condition specified in an exemption granted under subsection (1);
(c)
revoke, whether wholly or partly, any exemption granted to a person under subsection (1); or
(d)
impose additional terms or conditions in an exemption granted under subsection (1).
Amendment of Schedules
81.—(1) The Minister may, after consulting the Authority, by order in the Gazette, add to or amend any of the Schedules.
(2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient.
Regulations
82.—(1) The Authority may, with the approval of the Minister, make any regulations that may be necessary or expedient —(a)
for carrying out the purposes and provisions of this Act and for the due administration of this Act;
(b)
for prescribing anything which may be prescribed under this Act; and
(c)
for the purpose of giving effect to any provision of the Convention which has not been given effect to in this Act.
(2) Without limiting subsection (1), regulations may be made to —(a)
prescribe the form of any document or certificate that may be required and to prescribe different forms for different circumstances;
(b)
make different provision for different descriptions of persons or ships or for persons or ships of the same description in different circumstances;
(c)
prescribe the standards of medical fitness and conditions to be satisfied by a seafarer;
(d)
prescribe the conditions to be complied with for recognition of medical practitioners qualified to assess the medical fitness of seafarers and for medical certification;
(e)
prescribe the contents of a medical fitness certificate;
(f)
provide for the recognition by the Director of foreign medical fitness certificates on such conditions as the Director may determine;
(g)
provide for the registration of provisions in a collective agreement or other agreement between a seafarer and shipowner setting out exceptions to hours of rest;
(h)
regulate the conditions under which a young seafarer may be employed in night work;
(i)
regulate the manner and method for calculating wages for normal hours of work and overtime;
(j)
prescribe the information relating to wages that is to be provided to a seafarer;
(k)
regulate the manner and method of payment and allotment of wages;
(l)
prescribe the requirements for the repatriation of seafarers;
(m)
provide for the recognition by the Director of foreign qualifications for qualified cooks on such conditions as the Director may determine;
(n)
prescribe the requirements for the training of catering staff and persons processing food in the galley;
(o)
regulate the issuance, cancellation, suspension and alteration of a certificate of proficiency as a ship’s cook;
(p)
prescribe the costs of repatriation that may be recoverable by a seafarer from a shipowner;
(q)
prescribe the standards of training of seafarers in medical care and medical first‑aid, and to regulate the issuance of certificates of proficiency in relation thereto;
(r)
prescribe the requirements for a medicine chest, medical equipment and medical guide to be carried on board a ship, and for their inspection and maintenance;
(s)
define the types of injury or sickness of a seafarer that a shipowner may be liable to bear the costs or provide financial security for;
(t)
prescribe the occupational safety and health programmes to be adopted on a ship, and measures to prevent occupational accidents, injuries and diseases on board a ship;
(u)
prescribe the standards relating to occupational safety and health on board a ship, having regard to recognised international standards;
(v)
prescribe the requirements for the reporting of any occupational accident, injury or disease on board a ship;
(w)
provide for the implementation of safeguards and safety measures on board Singapore ships and the duties of the shipowner, master or seafarers in relation to the implementation of the safeguards and safety measures;
(x)
provide for the conduct of any risk assessment or safety and health arrangement on board Singapore ships and the duties of the shipowner, master or seafarers in relation to the conduct of the risk assessment or the safety and health arrangement;
(y)
regulate the keeping of records of any inspection conducted by a master under section 41(2);
(z)
prescribe the terms and conditions that a contract of insurance or other financial security mentioned in section 34(2) must contain, including —(i)
terms and conditions relating to all or any of the following:(A)
scope of coverage;
(B)
right of seafarers covered by the contract of insurance or other financial security to claim under the contract of insurance or other financial security;
(C)
submission and handling of claims;
(D)
interim payments;
(E)
minimum service standards;
(ii)
a condition that the liability of the provider of the insurance or other financial security under the contract of insurance or other financial security will not cease before the end of the period of validity of the contract of insurance or other financial security, unless the provider has given the Director prior notice of the pending cessation of liability of such minimum length as may be prescribed; and
(iii)
any other term or condition necessary or desirable to ensure that the contract of insurance or other financial security meets the requirements of section 34;
(za)
prescribe the terms and conditions that a contract of insurance or other financial security mentioned in section 34(2) must not contain;
(zb)
provide that terms and conditions contained in a contract of insurance or financial security mentioned in section 34(2) in breach of any prescription mentioned in paragraph (za) are to be treated as having no effect;
(zc)
provide for —(i)
a certificate of the contract of insurance or other financial security mentioned in section 34(2) to be carried, and displayed, on board the ship to which the certificate relates; and
(ii)
the form of the certificate;
(zd)
require a shipowner to give prior notification of the cancellation or termination of the contract of insurance or other financial security mentioned in section 34(2) to the seafarers to whom the contract of insurance or other financial security relates; and
(ze)
require the person who provides insurance or other financial security under a contract of insurance or other financial security mentioned in section 34(2) to give notice to the Director if the contract of insurance or other financial security is cancelled or terminated.[29/2016]
(3) The Authority may, in making any regulations under this section, provide that any contravention of any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000.
Saving and transitional provisions
83.—(1) Any seaman’s discharge book or any certificate of discharge issued under regulations made under section 54 of the Merchant Shipping Act 1995 before 1 April 2014 is deemed to be a seafarer’s discharge book or a certificate of discharge issued under regulations made under section 14(14) of this Act.
(2) Where a seaman is discharged before 1 April 2014 from a ship to which this Act applies, the Merchant Shipping Act 1995 in force immediately before that date continues to apply in respect of any unpaid wages due to that seaman under a crew agreement relating to the ship.
(3) Where an allotment note is issued before 1 April 2014 in accordance with regulations made under section 62 of the Merchant Shipping Act 1995 in respect of wages which a seaman will become entitled in the course of employment on a ship to which this Act applies, the Merchant Shipping Act 1995 in force immediately before that date continues to apply in relation to the allotment note, including its enforcement.
(4) Where a seaman suffers sickness or an injury before 1 April 2014, section 75 of the Merchant Shipping Act 1995 in force immediately before that date continues to apply in relation to the liability for expenses and compensation relating to such sickness or injury.
(5) Sections 35 and 36 of this Act apply in relation to a sickness or injury occurring on or after 1 April 2014.[86
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
