Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
15. Jurisdiction of Brunei Darussalam courts and registration of foreign judgments
Official textFrom Attorney General's Chambers, unchanged
Section 3(2)(d) of the Admiralty Jurisdiction Act (Chapter 179)
shall be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Part.
owner
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
Where —
any oil is discharged or escapes from a ship but does not result in any damage caused by contamination in the territory of
Brunei Darussalam and no measures are reasonably taken to prevent or minimise such damage in that territory; or
any relevant threat of contamination arises but no measures are reasonably taken to prevent or minimise such damage in the territory of Brunei Darussalam, no court in Brunei Darussalam shall entertain any action (whether in rem or in personam) to enforce a claim arising from any relevant damage or cost —
against the owner of the ship;
against any person to whom section 5(1)(ii) applies, unless any such damage or cost resulted from any thing done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result; or
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
against any person taking any of the measures referred to in subsection (3)(a) or (b), unless any such damage or cost resulted from any thing done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.
In subsection (2), “relevant damage or cost” means —
in relation to any discharge or escape referred to in subsection (2)(a), any damage caused in the territory of another
Liability Convention country by contamination resulting from that discharge or escape, or any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country;
in relation to any relevant threat of contamination referred to in subsection (2)(b), any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country; or
any damage caused by any measures referred to in paragraph (a) or (b).
Part I of the Reciprocal Enforcement of Foreign Judgments Act
(Chapter 177) applies, whether or not it would so apply apart from this section, to any judgment given by a court in a Liability Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 3, and in its application to such a judgment that Part shall have effect with the omission of section 5(2) and (3) of that Act.
Terms defined in this Act
discharge or escape
Defined · s 22“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from a ship;
Liability Convention country
Defined · s 2“Liability Convention country” means a country in respect of which the Liability Convention in force; Merchant Shipping (Civil Liability and Compensation for Oil Pollution)
oil
Defined · s 2“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of ship;
owner
Defined · s 2“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
Part
International Oil Pollution Compensation Fund
Part