Laws
Merchant Shipping Order, 2002
Part IV
s 98

In forceAs enactedCurrent version · As enactedSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Merchant Shipping Order, 2002

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IPreliminary

1Citation and long title
2Interpretation
3Exemption of naval ships etc.
4Appointment of Director of Marine and other officers
5Appointment of surveyors

IIBrunei Darussalam Registry

6Application of this Part
7Conditions for registration of ships
8Registrar of Brunei Darussalam ships
9Marking of ship
10Application for initial registry
11Provisional registry
12Entry of particulars in register
13Fees and tonnage taxes on registration
14Documents to be retained by Registrar
15
16
17
18
19
20
21Transmission of property in ship on marriage, bankruptcy, death etc.
22Order for sale on transmission to unqualified person
23Transfer of ship or sale by order of court
24{1)
25
26Obligation of mortgagor before execution and registration of mortgage
27Entry of discharge of mortgage
28If there are more mortgages than one registered in respect of the same ship or share, the mortgagees shall, notwithstanding any express, im...
29Except as far as may be necessary for making a mortgaged ship or any share therein available as a security for the mortgage debt, the mortg...
30Powers of mortgagee
31
32(1)
33
34
35
36
37
38(1)
39(1)
40
42Voluntary closure of registry
43{ 1) The Registrar may close the registry of a Brunei Darussalam ship
44{1)
45Regulations on evidence of seaworthiness etc.

IIIManning and Certification

46Application of this Part
47Manning and certification
48Prohibition of going to sea undermanned
49Unqualified persons going to sea as qualified officers
50Production of certificates and other documents of qualification
51Certificate obtained by fraud

IVEmployment of Seamen

52Employment of seamen
53
54The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations for the purposes of this Part, and in p...
55
56
57Crew agreements
58Regulations relating to crew agreements, engagement and discharge of seamen
59Discharge of seamen when ship ceases to be registered in Brunei Darussalam
60(1)
61
62Regulations relating to wages and accounts
63Settlement of disputes
64
65Subject to this Order, an assignment or sale of salvage payable to a seaman made prior to the accruing thereof shall not bind the person ma...
66
67Right of person named in allotment note to sue in his own name
68Right, or loss of right, to wages in certain circumstances
69Compensation to seaman improperly discharged
70Protection of certain rights and remedies
71Remedies of master for remuneration, disbursements etc.
72Powers of court in case of unreasonable delay in paying seaman's wages
73Provisions and water
74\1) If 3 or more seamen employed on a ship consider that the provisions or water provided for the seamen employed on that ship are not in a...
75
76
77Medical treatment on board ship
78Expenses of medical treatment etc. during voyage
79Drunkenness etc. on board ship
80Continued or concerted disobedience, neglect of duty etc.
81Offences committed by certain other persons
82Defence of drug taken for medical purposes
83Disciplinary offences
84
85Prohibition of double prosecution
86
87Civil liability for smuggling
88Relief and repatriation of seaman left behind
89Where a person left behind in or taken to any country or territory as mentioned in subsection (1) of section 88 remains there after the end...
90Custody etc. of property of deceased seamen
91Disposal of property of deceased seamen
92
93Discharge books
94Returns of births and deaths in ships etc.
95Handing over of documents on change of master
96Stowaways
97Master's power of arrest
98Penalty for receiving remuneration from seamen for engagement
99
100The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations extend the application of all or any of t...

Part VI

101This Part shall not apply to any ship exceeding 100 tons. Conditions for licensing of ships.
102
103Every licence shall, unless the contrary is stated in regulations made under section 102 or in the licence, be valid for a period of one ye...
104Unless the contrary is shown, the persons whose names appear in the register shall, for the purposes of this Part and for all the purposes...
105The Director shall keep separate registers for each type of ship licensed. Issuance and cancellation of licence.
106

Part VII

107This Part shall, unless otherwise provided, apply to all Brunei Darussalam ships wherever they may be and to all ships in Brunei Darussalam...
108
109
110
111Penalty for carrying passengers in excess
112Observance of collision regulations
113
114(1)
115(1)
116{1)
117The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, appoint any person as an inspector to report to him - (a...
118
119
120If a ship is an unsafe ship, the master or seaman belonging to the ship shall not be deemed to have committed a breach of his agreement by...
121
122
123
124{1)
125

Part VIII

126
127Misconduct of person employed in lighthouse
128Prevention of false lights
129
130
131
132

IXInquiries and Investigations

133Inquiry into fitness or conduct of officers
134Inquiries and investigations into shipping casualties
135(1)
136(1) Where an inquiry or formal investigation has been held under section 135, His Majesty the Sultan and Yang Di-Pertuan may order the who...

137Regulations as to inquiries, formal investigations and appeals
138Failure to deliver cancelled or suspended certificate
139Where a certificate has been cancelled or suspended under this Part, the
140His Majesty the Sultan and Yang Di-Pertuan may direct such remuneration, if any, to be paid out of the Consolidated Fund to any person appo...

XLiabilities and Limitation of Liabilities

141Power of Minister to make regulations

Part XI

142In this Part, unless the context otherwise requires nreceiver 11 means a receiver of wreck; 11Salvage" includes all expenses properly incur...
143The Director shall have the general supervisiOn throughout Brunei Darussalam over all matters relating to wrecks and may, by notification i...
144
145
146(1)
147
148
149(1) Where any ship is or has been in distress on the coasts of Brunei
150(1)
151
152Where a receiver takes possession of any wreck, he shall within 48 hours cause to be posted at the office of the Director and, if he thinks...
153
154{1)
155The Government is entitled to all unclaimed wreck found in any part of Brunei Darussalam except in places where the Government has granted...
156
157Upon delivery of the wreck or payment of the proceeds of sale of the wreck by a receiver under this Part, the receiver shall be discharged...
158
159The provisions of this Part relating to removal of wrecks shall apply to every article or thing or collection of things being or forming pa...
160Any person who takes into any foreign port any ship, stranded, derelict or otherwise in distress found on or near the coasts of Brunei Darussalam, or any 473
161Interfering with wrecked ship or wreck
162Summary procedure for concealment of wreck
163
164Salvage of cargo or wreck
165Determination of salvage disputes
166A Court of a Magistrate may, for the purpose of determining a dispute as to salvage, call in to its assistance any person conversant with m...
167Where a dispute relating to salvage has been determined by a Court of a
168Valuation of property by receiver
169Detention of property liable to salvage by receiver
170Sale of detained property
171Apportionment of salvage by receiver
172Whenever the aggregate amount of salvage payable in respect of salvage service rendered in Brunei Darussalam has been finally ascertained a...
173Subject to this Order and any other written law in force in Brunei
174

Part XII

175For the purpose of giving jurisdiction under this Order, every offence shall be deemed to have been committed and, every cause of complaint...
176Where any place within which any court has jurisdiction either under this
177Where any person is charged with having committed any offence on board any Brunei Darussalam ship on the high seas or elsewhere outside Bru...
178Presumption of jurisdiction
179Court for trial of offences
180Where any court has power to make an order directing payment to be made of any master's or seaman's wages, fi.nes or other sums of money, t...
181Depositions to be received in evidence when witness cannot be produced
182Admissibility of documents in evidence
183Service of documents
184Mode of making declarations
185Continuing offences
186
187
188No person shall be charged with any offence under this Order except on the complaint or with the sanction of the Public Prosecutor, the Dir...
189Forgery etc. of documents and fraudulent use
190False declaration etc.
191Any person who-
192Any person who -
193
194Where a ship registered in Brunei Darussalam or elsewhere is in Brunei Darussalam and a person who is not authorised by law to do so -
195If any person performing his duties or functions under this Order is taken to sea in a ship without his consent, the owner and the master o...
196General penalties
197Persons appointed or authorised under this Order deemed public servants
198Costs of detention of unsafe ships
199Security for costs of detention of unsafe ships
200Immunity of Government, Director and their employees

Part XIII

201(1)
202An inspector and any person having the powers of such an inspector -
203(1)
204Power of High Court to remove master
205Power to prohibit ship from entering or direct ship to leave territorial waters of Brunei Darussalam
206Enforcing detention of ship
207Issue of new document
208Issue of certified copies or extracts
209Copy of Order and regulations to be kept on Brunei Darussalam ships
210Powers of Minister to prescribe fees, recovery of fees and application of moneys
211Documents to be in approved form
212Exemption
213Regulations
214Power to give effect to international agreements
10thJune, 2002

215Transitional provisions
216The Merchant Shipping Act is hereby repealed. Made this 3rd. day of Rabiulawal, 1423 Hijriah corresponding to the 16th. day of May, 2002 at...

Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen

98. Penalty for receiving remuneration from seamen for engagement

No plain-English summary for s 98 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

(1)

A person shall not demand or receive, directly or indirectly, from a seaman, or from a person seeking employment as a seaman, or from a person on his behalf, any remuneration whatever for providing him with employment.

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;

Open s 2

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a nne not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both.

Restriction on employment of young persons on board ship.

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;

Open s 2

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;
Open s 2
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;
Open s 2

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Part VI

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Part VII

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Part VIII

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Part IX

Inquiries and Investigations

Read on from Part IX

Part X

Liabilities and Limitation of Liabilities

Read on from Part X

Part XI

Read on from Part XI

Part XII

Read on from Part XII

Part XIII

Read on from Part XIII

Details

Merchant Shipping Order, 2002 · s 98

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Where this comes from

Attorney General's Chambers · Merchant Shipping Order, 2002, As enacted. Reader record updated on 2 Oct 2026.

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