Merchant Shipping Act · 1984 Revised Edition · Part II · Brunei Registry
Section 30
Official textFrom Attorney General's Chambers, unchanged
Where the property in a registered Brunei ship or share therein is transmitted to a person qualified to own a
Brunei ship on the bankruptcy or death of any registered owner, or by any lawful means other than by a transfer under this Part -
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Merchant Shipping
that person shall authenticate the transmis-sion by making and signing a declaration (herein-after in this Part referred to as .. a declaration of transmission") identifying the ship and containing the several statements hereinbefore required to be contained in a declaration of transfer. or as near thereto as circumstances admit. and also a state-ment of the manner in which and the person to whom the property has been transmitted;
if the transmission is consequent on bank-ruptcy, the declaration of transmission shall be accompanied by such evidence as is for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy; and
if the transmission is consequent on death, the declaration of transmission shall be accompa-nied by the instrument of representation, or an official extract therefrom.
The Registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and. where there is more than one such person, shall enter the names of all those persons, but those per-sons. however numerous, shall for the purpose of the provi-sions of this Part with respect to the number of persons entitled to be registered as owners, be considered as one person.
37 31.
( 1) Where the property in a registered Brunei ship or Order for h h
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d b k d h sale on trans-S are t eretn ts transmttte on an ruptcy or eat or mission to otherwise to a person not qualified to own a Brunei ship, the ~~~~~ified
High Court may, on application by or on behalf of the un-qualified person, order a sale of the property so transmitted, and direct that the proceeds of the sale, after deducting the
38
Transfer of ship or sale by order of court
Power of court to pro-hibit transfer
Merchant Shipping expenses thereof, be paid to the person entitled under such transmission or otherwise as the court may direct.
The court may require any evidence in support of the application it thinks requisite, and may make the order on any terms and conditions it thinks just, or may refuse to make the order, and generally may act in the case as the justice of the case requires.
Every such application for sale shall be made within 4 weeks after the occurrence of the event on which the transmission has taken place, or within such further time
(not exceeding in the whole one year from the date of the occurrence) as the court may allow.
( 4) If such an application is not made within the time aforesaid, or if the court refuses an order for sale, the ship or share transmitted shall thereupon be subject to forfeiture under this Part.
Part III
Part IV
Control and Licensing of Ships
Part VI
Part VII
Part VIII
Part IX