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Repealed1984 Revised Edition
Contents

Part IV · Control and Licensing of Ships

117. Unseaworthy Ships

(1)

If

(a)

a ship in any port or place in Brunei; or

(b)

a registered Brunei ship which is in any other port or place, is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of under-manning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner of the ship shall each be guilty of an offence: Penalty, a fine and imprison-ment for 2 years.

(2)

It shall be a defence in proceedings for an off-ence under subsection {1) to prove that at the time of the alleged offence -

(a)

arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters aforesaid which are specified in the charge; or

(b)

it was reasonable not to have made such arrangements.

(3)

No proceedings for an offence under subsection

{1) shall be begun except by or with the consent of the

Attorney General.

91

Offence in re-spect of dangerously unsafe ship

92

Merchant Shipping

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Part VI

Part VII

Part VIII

Part IX

Liability of Carriers, Shipowners and Salvors

Schedules