Section 26
Section 26
(1)
If, at a port in a country other than Brunei where there is for the time being an authorised officer, a ship becomes the property of persons qualified to own a reg-istered Brunei ship, and if some one or more of those per-sons declare to the authorised officer at that port an intent to apply to have the ship registered in Brunei, or if the master of the ship makes such a declaration and declares therein that he is authorised by some one or more of the owners of the ship to make the declaration, the authorised officer may grant to the master of the ship, on application by him, a provisional certificate, stating-
(a)
the name of the ship;
(b)
the time and place of her purchase, and the names and addresses of the purchasers;
(c)
the name of the master; and
Merchant Shipping
(d)
the best particulars respecting the tonnage, build and description of the ship which he is able to obtain, and shall forthwith forward a copy of the certificate to the
Registrar.
(2)
A provisional certificate granted in accordance with subsection (1) shall be deemed to be a certificate of registry until the expiry of 6 months from the date on which it was granted, or until the arrival of the ship in Brunei, whichever earlier date, and shall thereafter have no effect.
(3)
The master of every ship in respect of which a provisional certificate is granted under this section shall, within 10 days of the ship's first arrival thereafter in Brunei deliver the certificate to the Registrar; and, if any master fails to comply with this subsection, he shall be guilty of an offence: Penalty, a fine of $2,000.
( 4) In this section "authorised officer" means, in re-lation to any port in a country other than Brunei, such person, if any, as the Director may, in his absolute discre-tion, authorise in writing, to perform for the time being the functions of an authorised person under subsection (1) in that port.
Transfers and Transmissions 27.
(1)
A registered Brunei ship or a share therein (when disposed of to a person qualified to own a Brunei ship) shall be transferred by a bill of sale.
(2)
The bill of sale shall be in the prescribed form or as near thereto as circumstances permit and shall contain such description of the ship as is contained in the govern-ment surveyor's certificate, or some other description suf-ficient to identify the ship to the satisfaction of the Reg-istrar, and shall be executed by the transferor in the pre-sence of, and he attested by, a witness or witnesses.
35
Transfer of ships or shares
36
Declaration of transfer
Registry of transfer
Transmission of property in ship on bank-ruptcy or death, etc.
Merchant Shipping 28.
Where a registered Brunei ship or a share therein is transferred the transferee shall not be entitled to be reg-istered as owner thereof until he, or, in the case of a cor-poration, the person authorised by this Part to make dec-larations on behalf of the corporation, has made and signed a declaration (hereinafter in this Part referred to as "a dec-laration of transfer") referring to the ship, and contain-tog-
(a)
a statement of the qualification of the trans-feree to own a Brunei ship, or if the transferee is a corporation, of such circumstances of the constitu-tion and business thereof as prove it to be qualified to own a Brunei ship; and
(b)
a declaration that, to the best of his know-ledge and belief, no unqualified person or body of persons is entitled as owner to any legal or bene-ficial interest in the ship or any share therein.