Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
91. Disposal of property of deceased seamen
Official textFrom Attorney General's Chambers, unchanged
Where, on the death of a seaman, any property comes into the hands of the Director by virtue of section 90, the Director may satisfy out of them any expenses incurred by the Director in respect of the seaman or his property.
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;
If the value of the residue of the property does not exceed $5,000, the
Director may at any time pay or deliver it to any of the persons mentioned in subsection (3) or distribute it among them, unless a grant of representation has been made and the Director knows of it; and the Director shall thereby be discharged from any further liability in respect of the residue.
Director
"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
The persons referred to in subsection (2) are-
any person appearing to the Director to be a person named as the seaman's next of kin in the crew agreement in which the seaman's name last appeared;
any person appearing to the Director to be his widow or his child;
any person appearing to the Director to be benefi.cially entitled, under a will or on intestacy, to the seaman's estate or any part thereof; or
any person appearing to the Director to be a creditor of the seaman.
Where no claim to the property received by the Director is substantiated within one year after the receipt of the property by the Director, the
Director shall pay the property, the proceeds thereof, or the residue thereof, into the Consolidated Fund.
If any subsequent claim is made to such property, or the residue thereof, and is established to the satisfaction of the Director, the amount, or so much as appears to be due to the claimant, shall be paid out of the Consolidated
Fund.
If any claim is not established to the satisfaction of the Director, the claimant may apply by summons to the High Court, and the High Court may, after taking evidence orally or on affidavit, make such order on the summons as it thinks just.
After the expiration of 6 years from the receipt of such property or proceeds thereof by the Director, no such claim shall be made without the sanction of the Minister.
If it appears to the Director that any of the persons to whom any property may be paid or delivered under this section is resident in a country or territory outside Brunei Darussalam, the Director may pay or deliver them to him by paying or delivering them to a consular offi.cer of that country or territory for transmission to him.
If the property exceeds $5,000 in value, the Director shall pay and deliver the residue to the legal personal representative of the deceased.
In this section, "child" includes an adopted child.
Official and other log·books.
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;
representation
Defined · s 2"representation" means probate, administration, confirmation, or other instrument constituting a person the executor, administrator or other representative of a deceased person, and "legal personal representative" means the person so constituted executor, administrator or other representative of a deceased person;
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;
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Inquiries and Investigations
Part X