Admiralty Jurisdiction Act

be construed as limiting thejurisdiction of the High Court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a Brunei Darussalam ship;

affect the provisions of the Merchant ShippingAct (Chapter

145) which confer power on a receiver of wreck to detain a ship in respect of a salvage claim; or

authorise proceedings in rem in respect of any claim against the Government, or the arrest, detention or sale of any of His

Majesty's ships or His Majesty the Sultan and Yang Di-Pertuan's aircraft or of any cargo or other property belonging to the

Government.

Admiralty Jurisdiction

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Admiralty jurisdiction of High Court.

jurisdiction to hear and determine any of the questions and claims mentioned in subsection (2);

jurisdiction in relation to any of the proceedings mentioned in subsection (3);

any other Admiralty jurisdiction which it had immediately before the commencement of this Act; and

any jurisdiction connected with ships or aircraft which is vested in the High Court apart from this section.

any claim to the possession or ownership of a ship or to the ownership of any share therein;

any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;

any claim in respect of a mortgage of or charge on a ship or any share therein;

any claim for damage received by a ship;

any claim for damage done by a ship;

any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or default of -

the owners, charterers or persons in possession or control of a ship; or

any claim for loss of or damage to goods carried in a ship;

any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

any claim in the nature of salvage (including any claim arising by virtue of the application, by or under any law, of the law relating to salvage to aircraft and their apparel and cargo);

any claim in the nature of towage in respect of a ship or an aircraft;

any claim in the nature of pilotage in respect of a ship or an aircraft;

any claim in respect of goods or materials supplied to a ship for her operation or maintenance;

any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;

any claim by a master or member of the crew of a ship for wages (including any sum alloted out of wages or adjudged by a superintendent to be due by way of wages);

any claim arising out of an act which is or is claimed to be a general average act;

any claim arising out of bottomry;

any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure.

any application to the High Court under the Merchant

Shipping Act (Chapter 145), other than an application under section 46 of that Act for the appointment of a person to act as a substitute for a person incapable of acting;

any action to enforce a claim for damage, loss of life or personalinjuryarisingoutof -

a collision between ships;

any action by shipowners or other persons under the

Merchant ShippingAct (Chapter 145)for the limitation of the amount of their liability in connection with a ship or other property.

in relation to all ships or aircraft, whether Bruneian or not and whether registered or not and wherever the residence or domicile of their owners may be;

in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and

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so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law.

or (r) of subsection (2) of section 3 or any such question as is mentioned in paragraph (b) of subsection (2) of section 3, an action in rem may be brought in the High Court against the ship or property in connection with which the claim or question arises.

of subsection (2) of section 3, where -

the claim arises in connection with a ship; and

the person who would be liable on the claim in an action in personam ("the relevant person") was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the High Court against -

that ship, if at the time when the action is brought the relevant person is either the beneficially owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or

to (q) of subsection (2) of section 3, a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of anyone such claim, of a writ naming more than 1 ship or of 2 or more writs each naming a different ship.

Actions in personam.

a collision between ships;

the carrying out of, or omission to carry out, a manoeuvre in the case of 1 or more of 2 or more ships; or

non-compliance, on the part of 1or more of 2 or more ships, with the collision regulations.

the defendant has his habitual residence or a place of business within Brunei Darussalam;

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the cause of action arose within inland waters of Brunei

Darussalam or within the limits of a port of Brunei Darussalam; or

an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

~

In this subsection -

"inland waters" includes any part of the sea adjacent to the coast of Brunei Darussalam certified by the Minister to be waters falling by international law to be treated as within the territorial sovereignty of His Majesty the Sultan and Yang Di-Pertuan apart from the operation of that law in relation to territorial waters;

"port" means any port, harbour, river, estuary,haven, dock, canal or other place so long as a person or body of persons is empowered by or under any law to make charges in respect of ships entering it or using the facilities therein, and "limits of a port" means the limits thereof as fixed by or under the law in question;

"charges" means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.