Maritime Law - Questions 50 - Part B

Singapore’s maritime law is principally within the cognisance of the Admiralty Court and necessarily includes:

The Rhine convention.

International aspects.

National aspects but not international aspects.

All IMO conventions.

A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in a manner and to the extend thereby agreed, against:

Marine losses incident to a marine adventure.

All losses related to the carriage of goods unless specified.

Marine losses that are a certainty.

All losses related to the carriage of goods that are a certainty.

Subsidiary or secondary legislation is to:

Supplements the primary legislation.

Supplements the MSA 179.

Supplements Prevention of Pollution of the Sea Act 1990.

Supplements any legislation.

Protocols are:

Multilateral treaty agreements adopted by the IMO.

Binding legal instruments which have to be ratified by the IMO.

Important treaty instruments made when major amendments are required to be made to a convention.

Resolutions made by the IMO Committees which have to be adopted by the Assembly.

Recommendations are not formal treaty documents and are:

Non-mandatory multi-lateral treaty documents to facilitate safety.

Additional clauses made binding on multi-lateral treaty documents.

Legal binding on governments only once they come into force after Ratification by the majority of IMO members.

Not legal binding on governments but provide guidance in framing national regulations and requirements.

An entry in the official log book made about complaints on food and water by three or more seamen need to be signed by the Master and witnessed by:

Any other officer.

Any other crew member.

One of the complainants.

A contract of marine insurance is based upon:

An offer and an acceptance.

Utmost good faith.

Subrogation.

Proximate cause.

When two or more policies are effected by or on behalf of the assured on the same adventure and the sums insured exceed the indemnity allowed by the MIA 1906, the assured is said to be:

Covered only if the proximate caused is one of the liabilities.

Covered only if the cause of loss is due to peril of the sea.

Over insured but is acceptable if the claim falls below the limit.

Over insured by the double insurance.

Where the contract is to insure the subject matter at and from one place to another or others, the policy is called a:

Composite policy.

Mixed policy.

Time policy.

Voyage policy.

The legal relationship between the master and his employer should be as follows:

The master is a servant and representative of the employer.

The master is a representative of the employer and custodian of his property.

The master is the agent of necessity.

The master is not just a representative of all parties but is the agent.

The implied warranty of seaworthiness is applicable to:

Time policies only.

Voyage policies only.

All insurance policies.

Any and all insurance policies.

The ___________ clause places a duty on the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of adverting or minimising a loss:

Sue and labour.

Preventive of damage.

Inchmaree.

Duty of the insurer.

Partial loss includes:

Salvage and general average and particular charges.

All claims but not salvage.

All charges related to the loss even if it is irretrievable deprivation.

All charges related to the marine adventure.

IMO’s convention regulations can only be enforced in any country when:

The country has ratified the convention and passed a law to give its effect.

Majority of the member states have ratified the convention.

A date has been specified to enforce the convention internationally.

Sufficient countries owning more than 50% of the world’s fleet have ratified the convention.

A warranty is a __________ made by the assured that some particular thing shall or shall not be done, or that some condition shall be fulfilled:

Undertaking.

Promise.

Declaration.

Liability

For death and injury of any crew on board Singapore ships, compensation shall be provided in accordance with the:

(i) International Labour Organisation Compensation Act;

(ii) Work Injury and Compensation Act;

(iii) Merchant Shipping Act 179;

(iv) Maritime and Port Authority Act.

(i) and (ii)

(i) only.

(i) and (iii).

(i), (ii), (iii) and (iv).

A liner service-run ship and not under charter ran aground in coastal waters. A salvage tug was called to re-float and tow her into a port of refuge. The salvage service can be claimable as a:

Particular Average claim.

General Average expense.

Particular charges or Sue and Labour expenses.

Salvage award.

A copy of a Certificate of Compliance on the voyage data recorder system which is issued by the testing facility shows that the system including all sensors have been subjected to a performance test to verify the accuracy, duration and recoverability of the recorded data. The performance test is to be conducted: A copy of a Certificate of Compliance on the voyage data recorder system which is issued by the testing facility shows that the system including all sensors have been subjected to a performance test to verify the accuracy, duration and recoverability of the recorded data. The performance test is to be conducted:

At six months interval.

Annually.

Before the commencement of the voyage.

At the termination of the voyage.

Salvage charges is:

Recoverable from all the parties who benefited from the salvage service.

Recoverable from the insurer when there is a third party interest.

Recoverable from P&I Club.

Recoverable only from the Hull and Machinery underwriter.

For a newly joined Chief Officer wanting to know about the Marpol 73/78 provisions aboard his tanker, the following document could be referred to:

International Oil Pollution Prevention Certificate.

Record for the Construction and Equipment of the International Oil Pollution Prevention Certificate.

Shipboard Oil Pollution Emergency Plan.

Tanker Operation and Equipment Manual.

When new voyage instructions require the ship to go to a war zone area, the Master could adopt the most appropriate options:

Request the Company to provide financial incentives to motivate the crew to continue and notify MPA at the earliest.

Land the reluctant crew at the nearest port and await for replacement.

Negotiate for a double payout of salaries.

Seek and act upon the advice of the Seamen’s union.

The International Lloyd's Standard Open Form of Salvage Agreement serves the ship owner and salver's interests by the following provisions:

(i) 'No cure – no pay' basis and salver's right of maritime lien on ship and/or cargo for the salvage award;

(ii) shipowner and salvor cannot negotiate on the salvage award;

(iii) authorised Arbitrators decide on the salvage award;

(iv) salvage award is dependant on the SCOPIC clause.

(i) and (iv).

(i) and (iii).

(i) and (iv).

(i), (ii), (iii) and (iv).

The general terms and conditions of the Articles of Agreement and regulations for maintaining discipline in accordance with the MSA179, are stipulated:

In the clauses attached to the AA.

In the Collective Agreement.

On the Form U of the AA.

On the front cover of the AA.

The charterer provides the manning, acts as the ship owner and pays for all running, management, insurance and incidental costs. This is known as a:

Demise charter.

Voyage charter.

Time charter.

Liner charter.

A loaded tanker runs aground in stormy weather and is in danger of breaking up. Which of the following will be recoverable under general average?

Lightering expenses for part of the cargo.

Machinery damaged in the act of re-floating the ship.

Scopic remuneration for salvage services in re-floating and minimising spread of pollution.

Any of the above.

At Common Law, the ship:

(i) must be absolutely seaworthy before proceeding on each voyage;

(ii) can only deviate to save life;

(iii) can deviate to save life, property and salvage;

(iv) will not be held liable for damage due to Force Majure.

(i) and (ii).

(ii) and (iii).

(iii) and (iv).

(i), (ii) and (iv).

Losses or claims which are not considered under General Average are: .

(i) hull damage due to grounding.

(ii) port of refuge expenses.

(iii) salvage expenses.

(iv) Scopic remuneration.

(i) and (ii).

(ii) and (iii)

(i) and (iv).

(iii) and (iv).

Actual Total loss is declared when the subject matter has been:

Damaged but can be repaired and brought back into service.

Destroyed.

Found to be deprived of.

Found to have been a maritime peril and has been declared.

The H&M insurance policy does not cover the ship owner against:

Actual total loss or constructive total loss of ship’s hull, machinery and equipment.

Accidental damage to the ship’s hull, machinery & equipment.

Bunker pollution expenses.

Three-fourths of his liability to owners of other vessels with which his ship collides.

The Haque-Visby Rules does not apply to:

Containerised cargoes being stowed under deck.

Live animals carried in the tween decks.

Live animals and deck cargo.

Containerised cargoes loaded on deck on container ships.

The Safety Management System is:

A system of checklists for the personnel to follow to avoid accidents

A quality management system.

A system to safeguard against all potential risks.

A structured and documented system for effective implementation of the safety and environmental protection policy.

Innocent Passage may be defined as:

Passage that is not prejudicial to the peace, good order or security of the state.

A passage that is transited unknowingly but not prejudicial to the state.

No threat to the sovereignty of any state either politically or not

Any activity not having a direct bearing on the passage.

The SCOPIC Clause:

(i) is supplementary to the Lloys’s Open Form of Salvage Agreement;

(ii) enables the salvor to claim remuneration from the Owners even if the salvage operations was unsuccessful;

(iii) provides award to any salvor for services rendered to minimise the spread of pollution;

(iv) if invoked by the salvor, owner’s P&I Club shall have to provide the financial security prior to the salvage operations.

(i) and (ii).

(ii) and (iii).

(i) and (iv).

(i) and (iii).

Port State Control verifies that the:

Condition of the ships and their equipment comply with the provisions of international conventions and codes.

Ships are manned and operated in compliance with the provisions of the international conventions and codes.

Condition of the ships and their equipment comply with the provisions of SOLAS and STCW.

Condition of the ships and their equipment comply with the provisions of international conventions and codes and that the ships are properly manned.

The document which is issued to cover the entire transport involving different modes of transportation is called:

Liner Bill of Lading.

Combined Transport Bill of Lading.

Sea Waybill.

Shipped Bill of Lading.

When new voyage instructions require the ship to go to a war zone area, the Master could adopt the most appropriate options:

Request the Company to provide financial incentives to motivate the crew to continue and notify MPA at the earliest.

Land the reluctant crew at the nearest port and await for replacement.

Negotiate for a double payout of salaries.

Seek and act upon the advice of the Seamen’s union.

The International Lloyd's Standard Open Form of Salvage Agreement serves the ship owner and salver's interests by the following provisions:

(i) 'No cure – no pay' basis and salver's right of maritime lien on ship and/or cargo for the salvage award;

(ii) shipowner and salvor cannot negotiate on the salvage award;

(iii) authorised Arbitrators decide on the salvage award;

(iv) salvage award is dependant on the SCOPIC clause.

(i) and (iv).

(i) and (iii).

(i) and (iv).

(i), (ii), (iii) and (iv).

The general terms and conditions of the Articles of Agreement and regulations for maintaining discipline in accordance with the MSA179, are stipulated:

In the clauses attached to the AA.

In the Collective Agreement.

On the Form U of the AA.

On the front cover of the AA.

The charterer provides the manning, acts as the ship owner and pays for all running, management, insurance and incidental costs. This is known as a:

Demise charter.

Voyage charter.

Time charter.

Liner charter.

A loaded tanker runs aground in stormy weather and is in danger of breaking up. Which of the following will be recoverable under general average?

Lightering expenses for part of the cargo.

Machinery damaged in the act of re-floating the ship.

Scopic remuneration for salvage services in re-floating and minimising spread of pollution.

Any of the above.

At Common Law, the ship:

(i) must be absolutely seaworthy before proceeding on each voyage;

(ii) can only deviate to save life;

(iii) can deviate to save life, property and salvage;

(iv) will not be held liable for damage due to Force Majure.

(i) and (ii).

(ii) and (iii).

(iii) and (iv).

(i), (ii) and (iv).

Losses or claims which are not considered under General Average are: .

(i) hull damage due to grounding.

(ii) port of refuge expenses.

(iii) salvage expenses.

(iv) Scopic remuneration.

(i) and (ii).

(ii) and (iii).

(i) and (iv).

(iii) and (iv).

Actual Total loss is declared when the subject matter has been:

Damaged but can be repaired and brought back into service.

Destroyed.

Found to be deprived of.

Found to have been a maritime peril and has been declared.

The H&M insurance policy does not cover the ship owner against:

Actual total loss or constructive total loss of ship’s hull, machinery and equipment.

Accidental damage to the ship’s hull, machinery & equipment.

Bunker pollution expenses.

Three-fourths of his liability to owners of other vessels with which his ship collides.

The Haque-Visby Rules does not apply to:

Containerised cargoes being stowed under deck.

Live animals carried in the tween decks.

Live animals and deck cargo.

Containerised cargoes loaded on deck on container ships.

The Safety Management System is:

A system of checklists for the personnel to follow to avoid accidents.

A quality management system.

A system to safeguard against all potential risks.

A structured and documented system for effective implementation of the safety and environmental protection policy.

Innocent Passage may be defined as:

Passage that is not prejudicial to the peace, good order or security of the state.

A passage that is transited unknowingly but not prejudicial to the state.

No threat to the sovereignty of any state either politically or not.

Any activity not having a direct bearing on the passage.

The SCOPIC Clause: (i) is supplementary to the Lloys’s Open Form of Salvage Agreement; (ii) enables the salvor to claim remuneration from the Owners even if the salvage operations was unsuccessful; (iii) provides award to any salvor for services rendered to minimise the spread of pollution; (iv) if invoked by the salvor, owner’s P&I Club shall have to provide the financial security prior to the salvage operations.

(i) and (ii).

(ii) and (iii).

(i) and (iv).

(i) and (iii).

Port State Control verifies that the:

Condition of the ships and their equipment comply with the provisions of international conventions and codes.

Ships are manned and operated in compliance with the provisions of the international conventions and codes.

Condition of the ships and their equipment comply with the provisions of SOLAS and STCW.

Condition of the ships and their equipment comply with the provisions of international conventions and codes and that the ships are properly manned.

The document which is issued to cover the entire transport involving different modes of transportation is called:

Liner Bill of Lading.

Combined Transport Bill of Lading.

Sea Waybill.

Shipped Bill of Lading.

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