Section 3

of Admiralty Jurisdiction Act

ActIn forceProvision 3 of 6

Section 3

(1)

The Admiralty jurisdiction of the High Court shall be as follows-

(a)

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

(b)

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

(c)

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

(d)

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

(2)

The questions and claims referred to in paragraph (a) of subsection (1) are -

(a)

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

(b)

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

(c)

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

(d)

any claim for damage received by a ship;

(e)

any claim for damage done by a ship;

(f)

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 -

(i)

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

(ii)

the master or crew of ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,

B.L.R.

O. 1/2000

Admiralty Jurisdiction 2000Ed.

being an act, neglect or default in the navigation or management of a ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(g)

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

(h)

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;

(i)

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);

(j)

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

(k)

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

(I)

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

(m)

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

(n)

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);

(0)

any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;

(P)

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

(q)

any claim arising out of bottomry;

(r)

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.

(3)

The proceedings referred to in paragraph (b) of subsection (1)

are-Admiralty Jurisdiction

CAP. 179 5

(a)

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;

(b)

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

(i)

a collision between ships;

(ii)

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

(iii)

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

(c)

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.

(4)

The jurisdiction of the High Court under paragraph (b) of subsection (2) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.

(5)

The reference in paragraph (i) of subsection (2) to claims in the nature of salvage includes a reference to such claims for services rendered in saving life from a ship or an aircraft or in preserving cargo, apparel or wreck as, under the Merchant Shipping Act (Chapter 145) or any law relating to civil aviation are authorised to be made in connection with a ship or an aircraft.

(6)

The preceding provisions of this section apply -

(a)

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;

(b)

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

BLR.

O. 1/2000

Admiralty Jurisdiction 2000 Ed.

(c)

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.

(7)

Nothing in subsection (6) shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant ShippingAct (Chapter 145).

Mode of exercise of Admiralty jurisdiction.

Read in full context — Admiralty Jurisdiction Act →

Section 3

of Admiralty Jurisdiction Act

ActIn forceProvision 3 of 6

Section 3

(1)

The Admiralty jurisdiction of the High Court shall be as follows-

(a)

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

(b)

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

(c)

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

(d)

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

(2)

The questions and claims referred to in paragraph (a) of subsection (1) are -

(a)

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

(b)

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

(c)

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

(d)

any claim for damage received by a ship;

(e)

any claim for damage done by a ship;

(f)

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 -

(i)

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

(ii)

the master or crew of ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,

B.L.R.

O. 1/2000

Admiralty Jurisdiction 2000Ed.

(g)

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

(h)

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;

(i)

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);

(j)

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

(k)

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

(I)

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

(m)

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

(n)

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);

(0)

any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;

(P)

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

(q)

any claim arising out of bottomry;

(r)

(3)

The proceedings referred to in paragraph (b) of subsection (1)

are-Admiralty Jurisdiction

CAP. 179 5

(a)

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;

(b)

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

(i)

a collision between ships;

(ii)

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

(iii)

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

(c)

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.

(4)

(5)

(6)

The preceding provisions of this section apply -

(a)

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;

(b)

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

BLR.

O. 1/2000

Admiralty Jurisdiction 2000 Ed.

(c)

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.

(7)

Nothing in subsection (6) shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant ShippingAct (Chapter 145).

Mode of exercise of Admiralty jurisdiction.

Read in full context — Admiralty Jurisdiction Act →