Maritime Offences (Ships and Fixed Platforms) Act · s 2

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2.
Interpretation
In this Act, unless the context otherwise requires —
“act of violence” means —
(a) any act done in Brunei Darussalam which constitutes the offence of murder, attempted murder, culpable homicide, voluntarily causing grievous hurt, voluntarily causing hurt, wrongful restraint, criminal intimidation, wrongful confinement or kidnapping;
(b) carrying, possessing or having under control any arms, explosives or offensive weapons with the intention of committing an offence mentioned in paragraph (a); or
(c) any act done outside Brunei Darussalam which, if done in
Brunei Darussalam, would constitute an offence mentioned in paragraph (a) or (b);
“Convention” means the Convention for the Suppression of Unlawful
Acts against the Safety of Maritime Navigation done at Rome

Maritime Offences
(Ships and Fixed Platforms)
6
on 10th March 1988, as amended from time to time, as set out in
Schedule 1;
“Convention State” means a State Party to the Convention;
“fixed platform” means an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes;
“foreign state” means a state other than Brunei Darussalam;
“grievous hurt” has the same meaning as in section 322 of the
Penal Code (Chapter 22);
“hurt” has the same meaning as in section 321 of the Penal Code
(Chapter 22);
“Minister” means the Minister of Transport and Infocommunications;
“naval auxiliary” includes military and air force;
“Protocol” means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf done at Rome on 10th March 1988, as amended from time to time, as set out in Schedule 2;
“Protocol State” means a State Party to the Protocol;
“ship” means a vessel of any type whatsoever not permanently attached to the seabed or which has been withdrawn from navigation or laid up, including a dynamically supported craft, a submersible and any other floating craft;
“state” includes a territory;
“territorial sea” —
(a) in relation to Brunei Darussalam, has the meaning declared in section 2(1) of the Territorial Waters of Brunei Darusalam Act
(Chapter 138);
(b) in relation to any other state, is defined in accordance with international law;
“unlawfully” —
(a) in relation to the commission of an act in
Brunei Darussalam, means so as (apart from this Act) to constitute an offence under any written law in force in Brunei Darussalam; and

Maritime Offences
(Ships and Fixed Platforms)
(b) in relation to the commission of an act outside
Brunei Darussalam, means so that the commission of the act would
(apart from this Act) have been an offence under any written law in force in Brunei Darussalam if it had been committed in
Brunei Darussalam;
“warship” means a ship belonging to the armed forces of a state and bearing distinguishing external marks, under the command of an officer duly commissioned by the Government of that state, and manned by a crew which is under regular armed services discipline.

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s 2Interpretation

In this Act, unless the context otherwise requires —

“act of violence” means —

(a)

any act done in Brunei Darussalam which constitutes the offence of murder, attempted murder, culpable homicide, voluntarily causing grievous hurt, voluntarily causing hurt, wrongful restraint, criminal intimidation, wrongful confinement or kidnapping;

(b)

carrying, possessing or having under control any arms, explosives or offensive weapons with the intention of committing an offence mentioned in paragraph (a); or

(c)

any act done outside Brunei Darussalam which, if done in

Brunei Darussalam, would constitute an offence mentioned in paragraph (a) or (b);

“Convention” means the Convention for the Suppression of Unlawful

Acts against the Safety of Maritime Navigation done at Rome

Maritime Offences

(Ships and Fixed Platforms)

on 10th March 1988, as amended from time to time, as set out in

Schedule 1;

“Convention State” means a State Party to the Convention;

“fixed platform” means an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes;

“foreign state” means a state other than Brunei Darussalam;

“grievous hurt” has the same meaning as in section 322 of the

Penal Code (Chapter 22);

“hurt” has the same meaning as in section 321 of the Penal Code

(Chapter 22);

“Minister” means the Minister of Transport and Infocommunications;

“naval auxiliary” includes military and air force;

“Protocol” means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf done at Rome on 10th March 1988, as amended from time to time, as set out in Schedule 2;

“Protocol State” means a State Party to the Protocol;

“ship” means a vessel of any type whatsoever not permanently attached to the seabed or which has been withdrawn from navigation or laid up, including a dynamically supported craft, a submersible and any other floating craft;

“state” includes a territory;

“territorial sea” —

(a)

in relation to Brunei Darussalam, has the meaning declared in section 2(1) of the Territorial Waters of Brunei Darusalam Act

(Chapter 138);

(b)

in relation to any other state, is defined in accordance with international law;

“unlawfully” —

(a)

in relation to the commission of an act in

Brunei Darussalam, means so as (apart from this Act) to constitute an offence under any written law in force in Brunei Darussalam; and

Maritime Offences

(Ships and Fixed Platforms)

(b)

in relation to the commission of an act outside

Brunei Darussalam, means so that the commission of the act would

(apart from this Act) have been an offence under any written law in force in Brunei Darussalam if it had been committed in

Brunei Darussalam;

“warship” means a ship belonging to the armed forces of a state and bearing distinguishing external marks, under the command of an officer duly commissioned by the Government of that state, and manned by a crew which is under regular armed services discipline.