Page:Maritime Offences Act 2003.pdf/6

Rh Other acts endangering or likely to endanger safe navigation

5.—(1) Subject to subsection (6), any person who unlawfully and intentionally—
 * (a) destroys or damages any property to which this section applies; or
 * (b) seriously interferes with the operation of that property,

where the destruction, damage or interference is likely to endanger the safe navigation of a ship, shall be guilty of an offence.

(2) Subsection (1) shall apply to any property used for the provision of maritime navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether the property is on board a ship or elsewhere.

(3) Subject to subsection (6), any person who intentionally communicates any information which is false in a material particular, where the communication of the information endangers the safe navigation of a ship, shall be guilty of an offence.

(4) It shall be a defence for a person charged with an offence under subsection (3) to prove that—
 * (a) he believed, and had reasonable grounds for believing, that the information was true; or
 * (b) when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in the performance of those duties.

(5) Except as provided in subsection (6), subsections (1) and (3) shall apply whether any act referred to in those subsections is committed in Singapore or elsewhere, whatever the nationality or citizenship of the person committing the act and whatever the state in which the ship is registered.

(6) Subsections (1) and (3) shall not apply to any act committed in relation to a warship, or any other ship used as a naval auxiliary or in customs or law enforcement service, unless—
 * (a) the person committing the act is a citizen of Singapore;
 * (b) the act is committed in Singapore; or