124. {1)

is in a port in Brunei Darussalam or within the seaward limits of the territorial waters of Brunei Darussalam while proceeding to or from any such port, unless the ship would not be in that port or, as the case may be, would not be so proceeding but for weather conditions or any other unavoidable circumstances.

the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment;

the death of or serious injury to any person; or

to preserve his ship or its machinery, navigational equipment or safety equipment, from loss, destruction or serious damage;

to prevent his ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board his ship, and either of the conditions specified in subsection {3) is satisfied with respect to that act or omission, he shall, subject to subsections (5) and {6), 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.

that the master or seaman in question was under the influence of drink or a drug at the time of the act or omission.

fails to discharge any of his duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things, he shall, subject to subsections (5) and (6), 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.

in the case of an offence under subsection (2), where the act or omission alleged against the defendant constituted a breach or neglect of duty, that the defendant took all reasonable steps to discharge that duty;

in the case of an offence under subsection (4), that the defendant took all reasonable precautions and exercised all due diligence to avoid the li commission of the offence; or

in the case of an offence under either of those subsections -

that he could have avoided committing the offence only by disobeying a lawful command; or

that in all the circumstances, the loss, destruction, damage, death or injury in question or, as the case may be, the likelihood of its being caused, either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by him.

of subsection (1), subsections (2) and (4) shall have effect as if sub-paragraph {i)

in relation to a master, includes his duty with respect to the good management of his ship and his duty with respect to the safety of operation of his ship, its machinery and equipment;