SINGAPORE Law and Practice Contributed by: Mathiew Christophe Rajoo, Probin Dass and Tan Hui Tsing, DennisMathiew
1.7 Ship Ownership and Mortgages Registry Information regarding the ship and her mortgage status is available to the public, and this infor - mation may be obtained upon application and payment of a prescribed fee. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Wreck Removal The main sources of law dealing with wreck removal in Singapore may be found under Part 9 of the Merchant Shipping Act and the First Schedule to the Merchant Shipping (Wreck Removal) Act 2017, which gives effect to the Nairobi International Convention on the Remov - al of Wrecks, 2007 (for all Singapore-registered ships over 300 GT). Pollution As for pollution from a vessel, the International Convention for the Prevention of Pollution from Ships, 1973 (Annex I to Annex V) and the 1997 Protocol to the International Convention for the Prevention of Pollution from Ships (Annex VI) have been ratified by Singapore. The Singa - pore Parliament has thus included provisions to give effect to the International Convention for the Prevention of Pollution from Ships, 1973 as modified and added to by the Protocol of 1978 (MARPOL). The Prevention of Pollution of the Sea Act (Cap 243) empowers the MPA to take preventative measures against pollution. In addition, the Mer - chant Shipping (Civil Liability and Compensa - tion for Oil Pollution) Act (Cap 180) – which gives effect to the International Convention on Civil
minimum paid-up capital sum of SGD50,000. Owners of a Singapore-flagged ship must also appoint a commercial manager whose residence is in Singapore. Vessels that are still under con - struction cannot be registered. 1.5 Temporary Registration of Vessels In addition to the usual (permanent) registration, provisional registration of a vessel is permitted. Provisional registration is valid for one year, with - out the possibility of extension. The vessel must be transferred to the permanent register before the end of this period. No fee is charged for the transfer. Dual flagging is not permitted. Singapore-flagged vessels that are found to be dual-flagged will be deregistered as the vessel will not be allowed to remain in the Singapore Registry of Ships. 1.6 Registration of Mortgages A first priority statutory mortgage (in the form prescribed in the Singapore Merchant Ship - ping Act) must be registered with the Registry of Ships in Singapore. A charge under Section 131 of the Singapore Companies Act must also be registered with the Singapore Accounting & Corporate Regulatory Authority within 30 days of the creation of the first priority statutory mortgage. Documents required for the registration of a mortgage include an instrument of mortgage. If the vessel has a provisional registration where the original document of title to ownership has not been submitted, the mortgage will only be recorded upon confirmation by the mortgagee that they have signed the original documents.
486 CHAMBERS.COM
Powered by FlippingBook