SINGAPORE Law and Practice Contributed by: Mathiew Christophe Rajoo, Probin Dass and Tan Hui Tsing, DennisMathiew
vention and this includes the owner, charterer, manager and operator of the vessel. To establish a limitation fund, a summons appli - cation must be made, together with a supporting affidavit. Where an LOU is to be used, it would be prudent to annex the draft LOU to the appli - cation and the supporting affidavit will need to demonstrate the P&I club’s financial ability to meet its obligations under the LOU. The limitation fund is calculated according to the amended Convention on Limitation of Liability for Maritime Claims 1996 Protocol regime (2012 amendments). The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows. Claims for Loss of Life or Personal Injury (a) 3.02 million units of account for a ship with a tonnage not exceeding 2,000 tonnes. (b) For a ship with a tonnage in excess of 2,000 tonnes, the following amounts in addition to that mentioned in paragraph (a): • for each tonne from 2,001 to 30,000 tonnes, 1,208 units of account; • for each tonne from 30,001 to 70,000 tonnes, 906 units of account; and • for each tonne in excess of 70,000 tonnes, 604 units of account. Other Claims (a) 1.51 million units of account for a ship with a tonnage not exceeding 2,000 tonnes. (b) For a ship with a tonnage in excess of 2,000 tonnes, the following amounts in addition to that mentioned in paragraph (a):
• for each tonne from 2,001 to 30,000 tonnes, 604 units of account; • for each tonne from 30,001 to 70,000 tonnes, 453 units of account; and • for each tonne in excess of 70,000 tonnes, 302 units of account. However, if the ship is licensed as a harbour craft under the Maritime and Port Authority of Singa - pore Act 1996, limitation shall be as if the aggre - gate of units of account in relation to a claim for loss of life or personal injury or other claims for a ship with tonnage not exceeding 2,000 tonnes referred to the sum insured under the policy of insurance for third-party risks required by the Port Master in relation to that harbour craft. If the ship has a tonnage of less than 300 tonnes, limitation in relation to a claim for loss of life or personal injury shall be 166,667 units of account and 83,333 units of account in relation to other claims. 2.5 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention is applicable in Singapore. The local legislation enacting and giving effect to this convention is the Merchant Shipping (Maritime Labour Convention) Act. The Work Injury Compensation Act also applies, sub - ject to modification prescribed for the applica - tion to the seafarer, to claims for compensation resulting from injuries suffered arising out of and in the course of employment of seafarers. 3. Cargo Claims 3.1 Bills of Lading The Hague–Visby Rules are applicable and are in the Carriage of Goods by Sea Act 1972.
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