Government ship
Open ↗20.—(1) Subject to subsection (3), nothing in this Act applies in relation to —(a)
any warship; or
(b)
any ship for the time being used by the government of any State otherwise than for commercial purposes.
(2) Section 15 does not apply to a ship that is owned by a State Party if there is carried on board the ship a certificate issued by the State Party stating —(a)
that the ship is owned by the State Party; and
(b)
that any liability under section 10 will be met up to the limit prescribed by section 12.
(3) Subject to subsection (2), Part 4 applies to a ship mentioned in subsection (1)(a) or (b) if specified in a notice under paragraph 3 of Article 4 of the Convention.
Power of arrest
Open ↗21. An officer of the Authority or a police officer who reasonably believes that a person has committed an offence under this Act may, without warrant, arrest that person and take that person before a Magistrate’s Court to be dealt with according to law.
Authority’s officers to exercise powers and duties
Open ↗22. The powers conferred and the duties imposed on the Director under this Act may, subject to the Director’s directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director.
Power to board and search ship
Open ↗23.—(1) An authorised officer who has reason to believe that an offence has been committed under this Act may —(a)
board any ship;
(b)
enter and search any place;
(c)
inspect and examine any ship or place;
(d)
summon any person who appears to be acquainted with the circumstances of the case before the authorised officer and examine that person orally;
(e)
require any person who appears to be acquainted with the circumstances of the case to provide any information or produce any record or document (or copy of any record or document) in the possession or under the custody or control of that person;
(f)
seize any book, paper, document, record, electronic material or other thing found in the ship or place which may provide evidence of the commission of an offence under this Act; and
(g)
make copies of, or take extracts from or samples of, any book, paper, document, record, electronic material or other thing provided, produced or seized (as the case may be) under this subsection.
(2) If a person summoned by an authorised officer under subsection (1)(d) fails to attend as summoned, the authorised officer may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the summons.
(3) A person examined under subsection (1)(d) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.
(4) A statement made by a person examined under subsection (1)(d) must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that he or she understands; and
(d)
after correction (if necessary), be signed by the person.
(5) Any person who —(a)
assaults, hinders, impedes or obstructs the authorised officer in the performance of the authorised officer’s duties under this section;
(b)
wilfully misstates, or without lawful excuse refuses to give, any information when examined by an authorised officer under subsection (1)(d); or
(c)
without lawful excuse, refuses to provide any information or produce any record or document (or a copy of any record or document) required of the person by an authorised officer under subsection (1)(e),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(6) In this section, “authorised officer” means the Director or an officer of the Authority who is authorised by the Director to exercise any of the powers mentioned in subsection (1).
Offences by corporations
Open ↗24.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
(6) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Offences by unincorporated associations or partnerships
Open ↗25.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
(6) In this section —“officer”, 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, and includes —(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Protection from personal liability
Open ↗26. 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 who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
Extra-territoriality
Open ↗27. Where an offence under section 4 or 15 is committed in relation to a Singapore ship outside Singapore, the master or the operator of the ship, or both (as the case may be) may be dealt with as if the offence has been committed in Singapore.
Composition of offences
Open ↗28.—(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:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$1,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
(4) The Director, and the members, officers and employees of the Authority, in relation to the administration, assessment and collection of the composition sums payable under this section, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply to such persons even though they are not or were not in the employment of the Government.
Exemption
Open ↗29. The Authority may, with the approval of the Minister, by order in the Gazette, exempt any person or ship, or class or description of persons or ships, from any provision of this Act, or any regulations made under this Act.
Amendment of Schedules
Open ↗30. The Minister may, by order in the Gazette —(a)
amend the First Schedule for the purpose of giving effect to the Convention, including any amendment to the Convention that is binding on Singapore; and
(b)
amend the Second Schedule.
Regulations
Open ↗31.—(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.
(2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:(a)
prescribe the fees to be paid for the purposes of this Act;
(b)
provide for the cancellation and delivery up to the Director of a certificate issued under section 16;
(c)
prescribe the offences under this Act that may be compounded;
(d)
provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both;
(e)
provide for any other matter which is required or authorised by any provision of this Act to be provided for by regulations.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
