Merchant Shipping Order, 2002 · As enacted · Part XII
182. Admissibility of documents in evidence
Official textFrom Attorney General's Chambers, unchanged
The following documents shall be admissible in evidence-
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(aJ any register under Part II on its production from the custody of the
Registrar or other person having lawful custody thereof;
(bJ a certificate of registry under Part II purporting to be signed by the
Registrar;
(cj any amendment to a certificate of registry purporting to be signed by the Registrar;
(d} every declaration made in pursuance of Part II in respect of a
Brunei Darussalam ship;
Brunei Darussalam ship
"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;
(ej a certificate issued or deemed to be issued in accordance with regulations made under section 47;
(fJ crew agreements and copies of entries given under Part V of additions to or changes in crew agreements;
(gJ documents purporting to be submissions to or decisions by the
Director under section 63;
Director
"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
I.
{h)
the official log-book kept under section 92 and, without prejudice to subsection (3), any document purporting to be a copy of an entry therein f and to be certified as a true copy by the master of the ship; and
master
"master" includes every person, except a pilot, having command or charge of any ship;
(i} returns or reports made under section 94.
The documents mentioned in subsection (1) shall, on their production from the proper custody, be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence and, subject to all just exceptions, shall be evidence of the matters stated therein in pursuance of this Order or by any officer in pursuance of his duties as such officer.
officer
"officer" includes a master, a mate, an engineer, a helmsman and an engine driver of any ship; t
A copy of any such document or extract therefrom shall also be so admissible in evidence, if proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish such certified copy or extract to any person applying at a reasonable time for the certified copy or extract, upon payment of such fee as may be prescribed.
prescribed
"prescribed" means prescribed by regulations made by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
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;
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;
officer
Defined · s 2"officer" includes a master, a mate, an engineer, a helmsman and an engine driver of any ship; t
prescribed
Defined · s 2"prescribed" means prescribed by regulations made by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
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;