Merchant Shipping Order, 2002 · As enacted · Part VII
Section 119
Official textFrom Attorney General's Chambers, unchanged
If, having regard to the nature of the service for which it is intended
(a} a ship in a port in Brunei Darussalam; or
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;
a Brunei Darussalam ship which is in any other port, is an unsafe ship, that is to say, is by reason of any of the matters mentioned in subsection (2) not fit to go to sea without serious danger to human life, then, subject to subsection (3), the master and the owner of the ship shall each be guilty of an offence and liable on conviction to a fine not exceeding $50,000 or imprisonment for a term not exceeding 2 years or both.
453
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The matters referred to in subsection (1) are-fa}
the condition, or the suitability for its purpose, of -
the ship or its machinery or equipment; or
any part of the ship or its machinery or equipment;
{b)
undermanning;
{c)
overloading or unsafe or improper loading; and
{d)
any other matter relevant to the safety of the ship.
It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence -
fa}
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 falling within subsection (2)
which are specified in the charge; or 0
{b J it was reasonable not to have made such arrangements.
Master or seaman may claim discharge if ship is unsafe.
master
"master" includes every person, except a pilot, having command or charge of any ship;
Terms defined in s 2
Brunei Darussalam ship
Defined · s 2"Brunei Darussalam ship" means a ship registered provisionally or otherwise, under Part II and its registry is not closed or deemed to be closed or suspended under that Part;
equipment
Defined · s 2"equipment", in relation to a ship, includes every fitting, thing or article belonging to, on or in the ship used or to be used in connection with, or necessary for the navigation or safety of, the ship or persons on board or the prevention of pollution, whether or not the fitting, thing or article is prescribed by this Order and, in particular, includes machinery, boilers, cargo handling gear and any fitting, thing or article prescribed by this Order;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
port
Defined · s 2"port" means any area in Brunei Darussalam declared to be a port under the Ports Act;
seaman
Defined · s 2"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
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