Merchant Shipping Order, 2002 · As enacted · Part II · Brunei Darussalam Registry
22. Order for sale on transmission to unqualified person
Official textFrom Attorney General's Chambers, unchanged
( 1)
Where the property in a Brunei Darussalam ship or any share therein is transmitted on death or bankruptcy to a person not quali&ed to own a Brunei
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;
Darussalam ship, the High Court may, on the application by or on behalf of the unquali&ed person or any other person having an interest in the ship, order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or as the High Court otherwise directs.
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;
The High Court may require any evidence in support of the application it thinks requisite, and may make the order on any terms and conditions or may refuse to make the order, and generally may act in such manner as the High Court thinks just.
Every such application for sale shall be made within 60 days after the occurrence of the event on which the transmission has taken place, or within such longer period not exceeding in aggregate one year as the High Court may allow.
If such an application is not made within the period specified or allowed under subsection (3L or if the High Court refuses an order for sale, the registry of the ship shall be deemed to be closed jexcept in relation to any unsatisfred mortgages entered therein) and the Registrar shall make an entry thereof in the register.
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;
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;
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Employment of Seamen
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Inquiries and Investigations
Part X