Maritime Offences (Ships and Fixed Platforms) Act · s 11

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11.
Master’s power of delivery
(1) If the master of a ship, wherever that ship may be, and whatever the state (if any) in which it may be registered, has reasonable grounds to believe that any person on board the ship has —
(a) committed any offence under section 5, 7, 8, 9 or 10;
(b) attempted to commit such offence; or
(c) abetted the commission of such offence, in relation to any ship other than a warship or other ship used as a naval auxiliary or in customs or law enforcement service, he may deliver that person to an appropriate officer in Brunei Darussalam or any other
Convention State.
(2) The master of a ship who intends to deliver any person under subsection (1) shall notify an appropriate officer —
(a) of his intention to so deliver that person; and
(b) of his reasons for intending to do so.
(3) A notification under subsection (2) shall be given —
(a) if it is reasonably practicable to do so, before the ship has entered the territorial sea of the state concerned; or
(b) in any other case, as soon as is reasonably practicable.
(4) When the master of a ship delivers any person under subsection (1), he shall —
(a) make to an appropriate officer of that state such oral or written statements relating to the alleged offence as that officer may reasonably require; and

Maritime Offences
(Ships and Fixed Platforms)
(b) deliver or make known to an appropriate officer of that state such other evidence relating to the alleged offence as is in his possession.
(5) A master of a ship who fails, without reasonable excuse, to comply with subsection (2) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $5,000.
(6) It is a defence for the master of a ship charged with an offence under subsection (5) for a contravention of subsection (2) to show that —
(a) he believed on reasonable grounds that the giving of a notification would endanger the safety of the ship; and
(b) except where the state concerned is Brunei Darussalam —
(i) he had notified some other competent authority in the state concerned within the time required by subsection (3); or
(ii) he had believed on reasonable grounds that the giving of a notification to any competent authority in that state would endanger the safety of the ship.
(7) In this section —
“appropriate officer” means —
(a) in relation to Brunei Darussalam, a police officer and any other person or class of person appointed by the Minister to be an appropriate officer for the purposes of this Act;
(b) in relation to any other Convention State, an officer designated by that Convention State to carry out the relevant duty of an appropriate officer under this section;
“master” includes every person, except a pilot, having command or charge of a ship.

Maritime Offences
(Ships and Fixed Platforms)

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s 11Master’s power of delivery

(1)

If the master of a ship, wherever that ship may be, and whatever the state (if any) in which it may be registered, has reasonable grounds to believe that any person on board the ship has —

(a)

committed any offence under section 5, 7, 8, 9 or 10;

(b)

attempted to commit such offence; or

(c)

abetted the commission of such offence, in relation to any ship other than a warship or other ship used as a naval auxiliary or in customs or law enforcement service, he may deliver that person to an appropriate officer in Brunei Darussalam or any other

Convention State.

(2)

The master of a ship who intends to deliver any person under subsection (1) shall notify an appropriate officer —

(a)

of his intention to so deliver that person; and

(b)

of his reasons for intending to do so.

(3)

A notification under subsection (2) shall be given —

(a)

if it is reasonably practicable to do so, before the ship has entered the territorial sea of the state concerned; or

(b)

in any other case, as soon as is reasonably practicable.

(4)

When the master of a ship delivers any person under subsection (1), he shall —

(a)

make to an appropriate officer of that state such oral or written statements relating to the alleged offence as that officer may reasonably require; and

Maritime Offences

(Ships and Fixed Platforms)

(b)

deliver or make known to an appropriate officer of that state such other evidence relating to the alleged offence as is in his possession.

(5)

A master of a ship who fails, without reasonable excuse, to comply with subsection (2) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $5,000.

(6)

It is a defence for the master of a ship charged with an offence under subsection (5) for a contravention of subsection (2) to show that —

(a)

he believed on reasonable grounds that the giving of a notification would endanger the safety of the ship; and

(b)

except where the state concerned is Brunei Darussalam —

(i)

he had notified some other competent authority in the state concerned within the time required by subsection (3); or

(ii)

he had believed on reasonable grounds that the giving of a notification to any competent authority in that state would endanger the safety of the ship.

(7)

In this section —

“appropriate officer” means —

(a)

in relation to Brunei Darussalam, a police officer and any other person or class of person appointed by the Minister to be an appropriate officer for the purposes of this Act;

(b)

in relation to any other Convention State, an officer designated by that Convention State to carry out the relevant duty of an appropriate officer under this section;

“master” includes every person, except a pilot, having command or charge of a ship.

Maritime Offences

(Ships and Fixed Platforms)