Merchant Shipping Order, 2002 · As enacted · Part VII
Section 108
Official textFrom Attorney General's Chambers, unchanged
Every ship unless exempted shall be surveyed or inspected in the manner provided in this Order.
ship
"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
Subject to any exemption, no ship shall go to sea unless the owner or the master of the ship has been issued with certificates by the Director as to the surveys or inspections under this Order, the certificates being in force and applicable to the ship.
master
"master" includes every person, except a pilot, having command or charge of any ship;
If any ship goes or attempts to go to sea in contravention of this section-
{a)
in the case of a passenger ship, the owner or the master of the ship shall be guilty of an offence and liable on conviction to a fine not exceeding
passenger ship
"passenger ship" means a ship which carries more than 12 passengers;
$500 for every passenger on board the ship; and
passenger
"passenger" means a person carried on board a ship with the knowledge or consent of the owner, manager, charterer, operator, agent or master of the ship, not being- (a} a person employed or engaged in any capacity on board the ship on the business of the ship; (b) a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country or territory other than Brunei Darussalam) to convey persons left behind in any country or territory on being shipwrecked, distressed or by reason of circumstances that could not have been prevented or forestalled by the owner, manager, charterer, operator, agent or master of the ship; f (c) a person temporarily employed on the ship in port; or (d) a child below one year of age;
{b)
in the case of any other ship, the owner or the master of the ship shall be guilty of an offence and liable on conviction to a fine not exceeding
$10,000, and the ship may be detained until the certificates are produced to the Director.
Director
"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
Powers of Minister to make regulations.
Terms defined in s 2
Director
Defined · s 2"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
passenger
Defined · s 2"passenger" means a person carried on board a ship with the knowledge or consent of the owner, manager, charterer, operator, agent or master of the ship, not being- (a} a person employed or engaged in any capacity on board the ship on the business of the ship; (b) a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country or territory other than Brunei Darussalam) to convey persons left behind in any country or territory on being shipwrecked, distressed or by reason of circumstances that could not have been prevented or forestalled by the owner, manager, charterer, operator, agent or master of the ship; f (c) a person temporarily employed on the ship in port; or (d) a child below one year of age;
passenger ship
Defined · s 2"passenger ship" means a ship which carries more than 12 passengers;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
Part VIII
Part IX
Inquiries and Investigations
Part X