Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
78. Expenses of medical treatment etc. during voyage
Official textFrom Attorney General's Chambers, unchanged
If a seaman, while employed on a ship, receives any surgical or medical treatment or such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency, the reasonable expenses thereof shall be borne by the person employing him, and if he 436
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;
lOth.
2002
dies while so employed and is buried or cremated outside his port of return, the expenses of his burial or cremation or the return of the body to his home shall also be borne by that person.
port of return
"port of return" means such port as is agreed upon by the master or seaman and his employer in the crew agreement or otherwise or, in the absence of agreement - (a} Muara or Kuala Belait, in the case of a master or seaman who is resident in Brunei Darussalam; or 404 (b) the port where the master or seaman was employed or joined the ship, in any other case;
A compensation shall be payable by the person employing the seaman for the death of or injury to the seaman employed on a Brunei Darussalam ship who is not covered under the Workmen's Compensation Act (Chapter 74) and such compensation shall not be less than that provided under that Act.
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;
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;
port of return
Defined · s 2"port of return" means such port as is agreed upon by the master or seaman and his employer in the crew agreement or otherwise or, in the absence of agreement - (a} Muara or Kuala Belait, in the case of a master or seaman who is resident in Brunei Darussalam; or 404 (b) the port where the master or seaman was employed or joined the ship, in any other case;
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;
voyage
Defined · s 2"voyage", in relation to a ship, means the whole time and the whole distance when the ship is at sea between the ship's port of departure and its port of arrival;
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Inquiries and Investigations
Part X