Merchant Shipping Order, 2002 · As enacted · Part VII
Section 121
Official textFrom Attorney General's Chambers, unchanged
In every contract of service, express or implied, between the owner of a ship or the person employing the master and seamen and the master or any seaman thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that the owner of the ship and the master and every agent charged with the loading of the ship or the preparing of the ship for sea or the sending of the ship to sea shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep it in a seaworthy condition for the voyage during the voyage.
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;
Nothing in this section-
454
,e lOth. JUNE, 2002
fa}
shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable; or
{b)
shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part thereof is in Brunei Darussalam.
Detention of unsafe ship.
Terms defined in s 2
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
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;
voyage
Defined · s 2"voyage", in relation to a ship, means the whole time and the whole distance when the ship is at sea between the ship's port of departure and its port of arrival;
Part VIII
Part IX
Inquiries and Investigations
Part X