Merchant Shipping Act · s 80

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80.
Director and others to de-cide disputes about wages
(1) The Minister\with the approval of His Majesty Custodyand may make regulations -
~~~;:~~o~f deceased sea-
( a) providing for the custody of and dealing men with-
(i) any property left on board a registered Brunei ship by a seaman dying while or after being employed in the ship;
(ii) any property left in a country outside Brunei by a sean1an dying while or within 6 months after being employed in such a ship; and
(iii) any property left in a country outside Brunei by a Brunei dying while or within 6 months after being employed in a ship other than a registered Brunei ship,

Merchant Shipping until it is disposed of by or under the direction of the Direc-tor;
(b) providing for the recovery by the Director of any wages which, at the time of a seaman's death, were due to him in respect of his employ-ment in a registered Brunei ship;
(c) requiring the recording of particulars and the rendering of accounts;
(d) enabling the Director or any person having custody of a deceased seaman's property to sell it by auction or otherwise and account for the pro-ceeds.
(2) Subject to any regulations under subsection (1), the master of a registered Brunei ship having on board any property of a deceased seaman shall take charge of such property and, as soon as practicable, shall deliver such prop-erty to the Director and pay to the Director any money due to the deceased seaman in respect of unpaid wages or account for the same.
(3) Where any property of a deceased seaman comes into the hands of the Director, the Director, after deducting any expenses incurred in respect of that seaman or his prop-erty, shall deal with the residue as follows -
(a) if the value of the residue exceeds $5,000, he shall pay and deliver the residue to the legal per-sonal representative of the deceased; or
(b) if the value of the residue does not exceed
$5,000, the Director may as he thinks fit either pay or deliver the residue to any claimant who is proved to his satisfaction to be the widow or a child of the deceased or to be entitled to such residue either under the deceased's will (if any) or any
-

Merchant Shipping statute of distribution or otherwise, or to be a per-son entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liabil-ity in respect of the residue so paid or delivered; or
(c) he may, if he thinks fit, require representa-tion to be taken out, and pay and deliver the re-sidue to the legal personal representative of the deceased; or
(d) where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person.
( 4) Any person to whom any such residue is paid or delivered under subsection (3) shall apply the same in due course of administration.
ship.
(5) In this section "seaman" includes the master of a
Provisions, Health and Accommodation 61

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s 80Director and others to de-cide disputes about wages

(1)

The Minister\with the approval of His Majesty Custodyand may make regulations -

~~~;:~~o~f deceased sea-

( a) providing for the custody of and dealing men with-

(i)

any property left on board a registered Brunei ship by a seaman dying while or after being employed in the ship;

(ii)

any property left in a country outside Brunei by a sean1an dying while or within 6 months after being employed in such a ship; and

(iii)

any property left in a country outside Brunei by a Brunei dying while or within 6 months after being employed in a ship other than a registered Brunei ship,

Merchant Shipping until it is disposed of by or under the direction of the Direc-tor;

(b)

providing for the recovery by the Director of any wages which, at the time of a seaman's death, were due to him in respect of his employ-ment in a registered Brunei ship;

(c)

requiring the recording of particulars and the rendering of accounts;

(d)

enabling the Director or any person having custody of a deceased seaman's property to sell it by auction or otherwise and account for the pro-ceeds.

(2)

Subject to any regulations under subsection (1), the master of a registered Brunei ship having on board any property of a deceased seaman shall take charge of such property and, as soon as practicable, shall deliver such prop-erty to the Director and pay to the Director any money due to the deceased seaman in respect of unpaid wages or account for the same.

(3)

Where any property of a deceased seaman comes into the hands of the Director, the Director, after deducting any expenses incurred in respect of that seaman or his prop-erty, shall deal with the residue as follows -

(a)

if the value of the residue exceeds $5,000, he shall pay and deliver the residue to the legal per-sonal representative of the deceased; or

(b)

if the value of the residue does not exceed

$5,000, the Director may as he thinks fit either pay or deliver the residue to any claimant who is proved to his satisfaction to be the widow or a child of the deceased or to be entitled to such residue either under the deceased's will (if any) or any

(c)

he may, if he thinks fit, require representa-tion to be taken out, and pay and deliver the re-sidue to the legal personal representative of the deceased; or

(d)

where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person.

( 4) Any person to whom any such residue is paid or delivered under subsection (3) shall apply the same in due course of administration.

ship.

(5)

In this section "seaman" includes the master of a

Provisions, Health and Accommodation 61