Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
68. Right, or loss of right, to wages in certain circumstances
Official textFrom Attorney General's Chambers, unchanged
Where a ship is wrecked or lost, a seaman whose employment on the ship is thereby terminated before the date contemplated in the agreement under which he is so employed shall, subject to this section, be entitled to wages at the rate payable under the agreement at the date of the wreck or loss for every day on which he is unemployed in the 2 months following that date unless it is proved that he did not make reasonable efforts to save the ship and the persons and property carried in it.
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;
Where a ship is sold or ceases to be registered in Brunei Darussalam and a seaman's employment on the ship is thereby terminated before the date contemplated in the agreement under which he is so employed, then, unless otherwise provided in the agreement, the seaman shall, subject to subsection (3), be entitled to wages at the rate payable under the agreement at the date on which his employment is terminated for every day on which he is unemployed in the 2 months following that date.
seaman
"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;
A seaman shall not be entitled to wages by virtue of subsection (1) or (2)
for a day on which he was unemployed, if it is shown
{a} that the unemployment was not due to the wreck or loss of the ship or, as the case may be, the termination of his employment on the sale of the ship or its ceasing to be registered in Brunei Darussalam; or
{b} that the seaman was able to obtain suitable employment for that day but unreasonably refused to take it.
Terms defined in s 2
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;
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Inquiries and Investigations
Part X