Maritime Offences (Ships and Fixed Platforms) Act · 2024 Revised Edition · Part · Offences
7. Destroying ships or fixed platforms or endangering their safety
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (5), a person who unlawfully and intentionally —
destroys a ship or a fixed platform;
damages a ship, its cargo or a fixed platform so as to endanger, or to be likely to endanger, the safe navigation of the ship, or as the case may be, the safety of the platform; or
commits on board a ship or on a fixed platform an act of violence which is likely to endanger the safe navigation of the ship, or as the case may be, the safety of the platform, is guilty of an offence.
Subject to subsection (5), a person who unlawfully and intentionally places, or causes to be placed, on a ship or fixed platform any device or substance which —
ship
“ship” means a vessel of any type whatsoever not permanently attached to the seabed or which has been withdrawn from navigation or laid up, including a dynamically supported craft, a submersible and any other floating craft;
in the case of a ship, is likely to destroy the ship or is likely so to damage it or its cargo as to endanger its safe navigation; or
Maritime Offences
(Ships and Fixed Platforms)
in the case of a fixed platform, is likely to destroy the fixed platform or so to damage it as to endanger its safety, is guilty of an offence.
Nothing in subsection (2) is to be construed as limiting the circumstances in which the commission of any act —
may constitute an offence under subsection (1); or
may constitute attempting or conspiring to commit or abetting the commission of the offence.
Except as provided by subsection (5), subsections (1) and (2)
apply whether any act referred to in those subsections is committed in
Brunei Darussalam or elsewhere, whatever the nationality of the person committing the act and in the case of a ship, whatever the state in which the ship is registered.
Subsections (1) and (2) do not apply in relation 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 —
warship
“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.
the person committing the act is a citizen of
Brunei Darussalam;
the act is committed in Brunei Darussalam; or
the ship is used in the naval, customs or law enforcement service of Brunei Darussalam.
Terms defined in s 2
act of violence
Defined · s 2“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);
fixed platform
Defined · s 2“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;
ship
Defined · s 2“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;
warship
Defined · s 2“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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