Act · 1984 Revised Edition · 8 parts
Merchant Shipping Act
Part I
Official textFrom Attorney General's Chambers, unchanged
s 1
This Act may be cited as the Merchant Shipping Act and shall come into operation on such date as His Majesty The
Sultan and Yang Di-Pertuan may~ by notification in the
Government Gazzette, appoint, and different dates may be so appointed for different provisions of this Act or for differ-ent purposes of the same provision.
"alteration" includes deterioration ;
''animal'' means any animate thing of every kind except human beings ;
"bankruptcy" includes insolvency ;
"British ship" has the same meaning as in the Merchant
Shipping Acts .
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s. 30/1984
s. 23/1986
Short title and com-mencement
Interpre-tation
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Cap. 144
Merchant Shipping
"Brunei ship" means a ship owned wholly by Bruneis or by bodies corporate established under, and subject to, the law of Brunei and having their principal place of business in
Brunei ;
"Brunei licensed ship" means a ship licensed under Part IV ;
"collision regulations" means regulations from time to time in force under the provisions of section 103 ;
"consular officer" means in relation to a foreign country the officer recognised by His Majesty as a consular officer of that country ;
"court" in relation to any proceedings includes any court, judge or magistrate having jurisdiction in the matter to which the proceeding relates ;
"court of survey" means a court of survey appointed by His
Majesty under section 133 (l) ;
"crew agreement" means the agreement referred to in sec-tion 72 ;
"deck passenger" means a passenger for whom no accom-modation in any cabin, state-room or saloon is reserved ;
"Director" means the officer for the time being appointed to be the Director of Marine under the Ports Act or continued in office under that Act, and includes the Deputy Director of Marine appointed or continued in office under that Act ;
''functions'' includes powers and duties ;
''government surveyor'' means a surveyor appointed under section 209 ;
"hovercraft" means a vessel which is an air cushioned vehicle ;
Merchant Shipping
"inspector" means an inspector appointed under section 212;
"Load Lines Convention" means the International
Convention on Load Lines signed in London on 5th April 1966 and the regulations annexed there-to, and includes any amendment thereof and any international agreement from time to time super-seding the said Convention or regulations;
"master" includes every person, except a pilot, having command or charge of any ship;
"Merchant Shipping Acts" means the Merchant
Shipping Acts from time to time in force in the
United Kingdom;
"Minister" means the Minister of Communica-tions;
"officer" includes a master, mate, engineer, gun-ner, helmsman and engine driver;
"officers of the Marine Department" means the officers for the time being appointed to be officers of the Marine Department under the Ports Act or cap.
continued in office under that Act;
"passenger" means every person carried in a ship other than-
the master and crew or other persons em-ployed or engaged in any capacity on board a ship on the business of a ship; and
a child under one year of age;
"pilot" means any person not belonging to a ship who has the conduct thereof;
"port in Brunei" means any area in Brunei de-clared to be a port under the Ports Act;
cap. 144
"prescribed" means prescribed by regulation made by the Minister with the approval of His Majesty;
"premises" includes messuages, houses, buildings, lands, tenements, easements and hereditaments of 21
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Merchant Shipping any tenure, whether open or enclosed, whether permanently built on or not, whether public or private, whether on land or over water, and whether maintained or not under statutory author-ity;
"Preventing Collisions at Sea Convention" means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 signed in
London on 20th October 1972 and the regulations annexed thereto, and includes any amendment thereof and any international agreement from time to time superseding the said Convention or regula-tions;
"registered Brunei ship" means a ship registered under Part II;
"representation" means probate, administration, confirmation, or other instrument constituting a person the executor, administrator or other repre-sentative of a deceased person, and "legal personal representative" means the person so constituted executor, administrator or other representative of a deceased person;
"Safety Convention" means the International
Convention for the Safety of Life at Sea signed in
London on 1st Novetnber 1974 and includes any amendment thereof and any international agree-ment from time to time superseding the said Con-vention;
"sailing ship" means any ship not fitted with any mechanical means of propulsion;
"salvor" means, in the case of salvage services ren-dered by the officers and crew or part of the crew of any naval ship, the person in command of that ship;
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Merchant Shipping
"sea-going ship or vessel" means a ship or vessel going beyond port limits;
"seaman" includes every person, except masters and pilots, employed or engaged in any capacity on board any ship;
"seaplane" includes a flying boat and any other aircraft designed to manoeuvre on the water;
"ship" includes every description of vessel not propelled by oars;
"ship's boat" includes a life-raft;
"steamship" includes any vessel propelled by steam and, subject to any modification that may be prescribed, shall include a vessel propelled by elec-tricity or other mechanical power;
"tidal water" means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides;
"vessel" includes any ship or boat or air cushioned vehicle or floating rig or platform used in naviga-tion or in any other form of operations in any sea, river or other waters, or any other description of vessel;
"voyage" means the whole time and the whole distances between the ship's port or place of depar-ture and her final port or place of arrival; and
"wages" includes emoluments;
any reference to failure to do any act or thing shall include a reference to refusal to do that act or thing; and
any reference to this Act or any Part or sec-tion shall be deemed to include a reference to any regulation, rule or other instrument made under 23
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Application of Act
Application of Act to hovercraft and to certain structures, etc.
Merchant Shipping this Act or under the Part or section, as the case may be.
This Act shall not, except where otherwise spe-cially provided and subject to the provisions of subsection (2), apply to vessels belonging to or for the time being in the service of His Majesty or of the Government or to vessels of war of any country.
The Minister with the approval of His Majesty may by regulations direct that any provision of this Act shall apply to any such vessels referred to in subsection (1) as may be specified in the regulations.
Without prejudice to any other powers conferred by Qr under this Act, the Minister with the approval of His
Majesty may, if he thinks fit, and subject to such conditions as he may think fit to impose, exempt any vessel or any class of vessels from all or any of the requirements contained in or prescribed under this Act or dispense with the observ-ance of any such requirement in the case of any vessel or class of vessels.
The Minister with the approval of His Majesty may by regulations provide that, in their application to hovercraft or to persons, things and places connected with hovercraft, any of the provisions of this Act shall apply with such modifications as may seem to the Minister with the approval of His Majesty to be appropriate.
The Minister with the approval of His Majesty may by regulations provide that a thing designed or adapted for use at sea and described in the regulations is or is not be treated as a ship for the purposes of any provision specified in the regulations of this Act or any subsidiary legislation made thereunder; and such regulations may -
make different provision in relation to different occasions;
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Merchant Shipping
if they provide that a thing is to be treated as a ship for the purposes of a provision specified in the regulations provide that the provision shall have effect in relation to the thing with such mod-ifications as are so specified.
Part II
Brunei Registry
Part III
Part IV
Control and Licensing of Ships
Part VI
Part VII
Part VIII
Part IX