Section 118
Powertode-
(1)
Where a Brunei ship, being in the waters of tain unsafe ship. and pro-Brunei, is an unsafe ship, that is to say, is, by reason of the cedure for defective condition of her hull, equipment or machinery or such deten-tion by reason of under-manning or by reason of overloading or improper loading, unfit to go to sea without serious damage to human life, having regard to the nature of the service for which she is intended, such ship (hereinafter described as unsafe) may be provisionally detained for the purpose of being surveyed or for ascertaining the sufficiency of her crew and either finally detained or released as follows-
(a)
the Director, if he has reason to believe, on complaint or otherwise, that a Brunei ship is un-safe, may order the provisional detention of such ship for the purpose of being surveyed or for ascer-taining the sufficiency of her crew;
(b)
when a ship has been provisionally de-tained, there shall be forthwith served on the mas-ter of the ship a written statement of the grounds of detention, and the Director may, if he thinks fit, appoint some competent person or persons to sur-vey and report thereon to him;
(c)
the Director on receiving the report may either order the ship to be released or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely, or until the per-formance of such conditions with respect to the execution of repairs or alterations or the unloading or reloading of cargo or the manning of the ship as the Director thinks necessary for the protection of hun1an life, and he n1ay vary or add to any such order;
(d)
before the order for final detention is made, a copy of the report shall be served upon the mas-ter of the ship, and within 7 days after such service, the owner or master of the ship may appeal to a court of survey;
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Merchant Shipping
(e)
where a ship has been provisionally de-tained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes that survey, may require that he shall be accompanied by such person of nautical, engineering or other special skill and ex-perience to be approved by the Director as the owner or master may select, and in the case, if the surveyor and that person agree, the Director shall cause the ship to be detained or released accor-dingly, but if they differ, the Director may act as if the requisition had not appeal touching the report of the surveyor as is before provided by this sec-tion;
(f)
where a ship is provisionally detained, the
Director may at any time, if he thinks it expedient, refer the matter to the court of survey;
(g)
the Director may at any time if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions.
(2)
a ship detained under this section shall not be released by virtue of her Brunei register being subsequently closed.