Section 58

If a person uses the Brunei flag and assumes the

Brunei national character on board a ship owned in whole or in part by any person not qualified to own a Brunei ship, for the purpose of making the ship appear to be a Brunei ship, the ship shall be subject to forfeiture under this Part, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

In any proceeding for enforcing any such forfei-ture the burden of proving a title to use the Brunei flag and assume the Brunei national character shall lie upon the per-son using and assuming the same.