Section 122
Section 122
(1)
Where a foreign ship (not being a Brunei licensed ship) whilst in the waters of Brunei is unsafe by reason of the defective condition of her hull, equipment or machin-ery, or by reason of undermanning or of overloading or improper loading, the provisions of this Part with respect to the detention of ships shall apply to that foreign ship as if she were a Brunei ship, with the following modifications -
(a)
a copy of the order for the provisional de-tention of the ship shall be forthwith served on the consular officer for the country to which the ship belongs as well as on the master of the ship;
(b)
where a ship has been provisionally de-tained, the consular officer on the request of the owner or master of the ship and if there is no such consular officer the owner or master of the ship, may require that the person, if any, appointed by the Director to survey the ship shall be accompa-nied by such person as such officer, or owner or master, as the case may be, may select and in that case, if the surveyor and such person agree, the
Director shall cause the ship to be detained or re-leased accordingly, but if they differ, the Director 95
Supplementary provisions as to detention of ships
Application to foreign ships of pro-visions as to detention
96
Obligation of ship owner to crew with re-spect to use reasonable efforts to se-cure sea-worthiness
Merchant Shipping may act as if the requisition had not been made and the owner and master shall have the like appeal to a court of survey touching the report of the surveyor as is hereinbefore provided in the case of a Brunei ship;
(c)
where the owner or master of the ship appeals to the court of survey, the consular officer, on the request of such owner or master, may nominate any competent person or persons, not exceeding 2, to be members of the court of survey and His Majesty may appoint such person or per-sons to be members of the court of survey pursuant to section 133 (1).
(2)
Nothing in this section shall affect any such fore-ign ship not bound to Brunei which comes into the waters of
Brunei for any purpose other than that of embarking or landing passengers or taking in or discharging cargo or tak-ing in bunkers.