Customs Order, 2006 · As enacted · Part VI · General Provisions Affecting Vessels in Territorial Waters
41. Vessels in territorial waters
Official textFrom Attorney General's Chambers, unchanged
( 1)
The master of any vessel in territorial waters shall obey any signal made to him from a preventive or police vessel or any instruction given by an officer of customs or police officer in uniform from any other vessel or any place requiring him to stop or to heave to or to perform any other act.
master
"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
The master of any vessel found without lawful excuse in territorial waters or without a clearance for a customs port in Brunei Darussalam, or carrying cargo or passengers or both without a proper manifest of such, or found to have passed the customs port named in the papers of such vessel without having made entry and declared at such port, shall be guilty of an offence and liable on conviction to a nne not exceeding $8,000, imprisonment for a term not exceeding one year or both.
vessel
"vessel" includes any ship or boat or any other description of vessel used in navigation;
Any vessel found in the circumstances described in subsection (2) shall be liable to seizure by any officer of customs or police officer and shall be escorted to a convenient port in Brunei Darussalam and may there be detained by such officer of customs or police officer for a period not exceeding 14 days.
officer of customs
"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
Upon an application by the Attorney General or any senior officer of customs or police officer in any proceedings commenced against the master of such vessel/ or if no such proceedings are commenced, upon notice of such application being served on the master, owner or agent or affixed in some prominent place on such vessel, subsections ( 1) and (2) of section 357 of the
Criminal Procedure Code (Chapter 7) shall apply to such vessel and to its cargo and to everything on such vessel as if it were produced before the court as having been used in the commission of an offence and any court of competent jurisdiction may make any order for custody, sale, destruction or confiscation authorised under such subsections.
An appeal shall lie from any order of a court under subsection (4) at the instance of the master, owner or agent of such vessel as if from a conviction by such court.
Nothing contained in subsections (2) and (3) shall apply to -
{a}
any vessel the master of which satisfies the court that its entry into the waters of Brunei Darussalam was due to circumstances beyond his control and that its entry and the reason therefore was at the first possible opportunity reported to the nearest customs office or police station and that after such entry no person on board or connected with the vessel has done any act contrary to any written law; or
(b J any local craft if the person in charge thereof can show to the satisfaction of a senior officer of customs or the court that he has come from a place of departure from which it is unusual to grant or carry clearances or manifests.
local craft
"local craft" means any junk, tongkang, perahu, kumpit or other similar type of vessel, and any steam or motor vessel under 15 nett registered tons, and includes any type of motor vessel whether fitted with an inboard engine or an outboard motor;
Terms defined in s 2
customs port
Defined · s 2"customs port" means any port within the meaning of the Ports Act prescribed to be a customs port;
local craft
Defined · s 2"local craft" means any junk, tongkang, perahu, kumpit or other similar type of vessel, and any steam or motor vessel under 15 nett registered tons, and includes any type of motor vessel whether fitted with an inboard engine or an outboard motor;
master
Defined · s 2"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
officer of customs
Defined · s 2"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
vessel
Defined · s 2"vessel" includes any ship or boat or any other description of vessel used in navigation;
Part VII
Manifests
Part VIII
Warehousing
Part IX
Part C
Part X
Drawback
Part XI