Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
88. Relief and repatriation of seaman left behind
Official textFrom Attorney General's Chambers, unchanged
( 1)
Where a person employed as a seaman on a ship is left behind in any country or territory or is taken to any country or territory on being shipwrecked,
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;
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BRUNEI DARUSSALAM GOVERNMENT GAZETTE the person who last employed him as a seaman shall make such provision for his return and for his relief and maintenance as may be required by regulations.
The regulations to be so made may include the repayment of expenses incurred in bringing a shipwrecked seaman ashore and maintaining him until he is brought ashore and the payment of the expenses of the burial or cremation of a seaman who dies before he can be returned.
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make regulations providing for the manner in which any wages due to any person left behind or taken to any country or territory as mentioned in subsection (1) and any property of his left on board the ship are to be dealt with.
Without prejudice to the generality of subsections (1), (2) and (3), regulations made under this section may make provision -
for requiring the master of any ship to convey a person to a place determined in accordance with the regulations and for enabling the Director to give the master directions for that purpose;
{b)
for the making of payments in respect of the conveyance of a person in accordance with the regulations; and
for the keeping of records and the rendering of accounts.
This section shall also apply to a person left behind on being discharged in pursuance of section 59, whether or not at the time he is left behind the ship is still registered in Brunei Darussalam.
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;
Limit of employer's liability under section 88.
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;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
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