Maritime Offences (Ships and Fixed Platforms) Act · 2024 Revised Edition · Part · Offences
8. Other acts endangering or likely to endanger safe navigation
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (6), any person who unlawfully and intentionally —
destroys or damages any property to which this section applies; or
seriously interferes with the operation of that property, where the destruction, damage or interference is likely to endanger the safe navigation of a ship, is guilty of an offence.
Maritime Offences
(Ships and Fixed Platforms)
Subsection (1) applies 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 it is on board a ship or elsewhere.
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“ship” means a vessel of any type whatsoever not permanently attached to the seabed or which has been withdrawn from navigation or laid up, including a dynamically supported craft, a submersible and any other floating craft;
Subject to subsection (6), any person who intentionally communicates any information which he knows to be false in a material particular, where the communication of the information endangers the safe navigation of any ship, is guilty of an offence.
It shall be a defence for a person charged with an offence under subsection (3) to prove that, 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 performance of those duties.
Except as provided by subsection (6), subsections (1) and (3)
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.
For the purposes of subsections (1) and (3), any danger or likelihood of danger, to the safe navigation of a warship or any other ship used as a naval auxiliary or in customs or law enforcement service is to be disregarded 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
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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