Merchant Shipping Order, 2002 · As enacted · Part XI
Section 158
Official textFrom Attorney General's Chambers, unchanged
Where any ship is sunk, stranded or abandoned within the territorial waters of Brunei Darussalam but outside the limits of any port in such a manner as, in the opinion of the receiver, to be or to be likely to become an obstruction or danger to navigation, the receiver may-fa} take possession of, and raise, remove or destroy the whole or any part oC the ship;
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;
light or buoy any such ship or part until the raising, removal or destruction thereof; and
sell, in such manner as the receiver thinks frt, any ship or part so raised or removed, and also any other property recovered in the exercise of his powers under this section, and out of the proceeds of the sale reimburse himself for the expenses incurred by him in relation thereto under this section, and he shall hold the surplus, if any, of the proceeds in trust for the persons entitled thereto.
A sale shall not, except in the case of any property which is of a perishable nature, or which would deteriorate in value by delay, be made under this section until at least 7 clear days' notice of the intended sale has been given by advertisement in a newspaper circulating in Brunei Darussalam.
At any time before any property is sold under this section, the owner thereof shall be entitled to have the property delivered to him on payment to the receiver of the fair market value thereof, to be ascertained by agreement between the receiver and the owner, or failing agreement, by some person to be named for the purpose by the Director.
Director
"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
The sum paid to the receiver as the value of any property under this section shall be deemed to be the proceeds of sale of that property.
Powers of removal extend to tackle, cargo etc.
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;
port
Defined · s 2"port" means any area in Brunei Darussalam declared to be a port under the Ports Act;
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;