Section 63

A Brunei ship shall hoist the proper national col-ours on entering or leaving any Brunei or foreign port.

If default is made on board any such ship in com-plying with the provisions of this section, the master of the ship shall be guilty of an offence: Penalty, a fine of $1,000.

Forfeiture of Ship 64.

Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part, the Director may seize and detain the ship, and bring her for adjudication before the High Court, and the court may thereupon adjudge the ship with her tackle, apparel and furniture to be forfeited and made such order in the case as to the court seems just, and may award to the officer bring-ing in the ship for adjudication such portion of the proceeds of the sale of the ship, or any share therein, as the court thinks fit.

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Merchant Shipping

The Director shall not be responsible either civil-ly or criminally to any person whomsoever in respect of any such seizure or detention as aforesaid, notwithstanding that the ship has not been brought in for adjudication, or if so brought in is declared not liable to forfeiture, if it is shown to the satisfaction of the court before which any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown the court may award costs and damages to any party aggrieved, and make such other order in the premises as the court thinks just.

Measurement of Ships and Tonnage

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51 65.

The Minister,Cwith the approval of His Majesty Ascertain- .

may make regulations for ascertaining the tonnage of ships :~;~ ~~~~~~~

to be registered under this Part.

Regulations under this section -

Regulations under this section may make provi-sion for assigning to a ship, either instead of or as an alterna-tive to the tonnage ascertained in accordance with the other provisions of the regulations, a lower tonnage applicable where the ship is not loaded to the full depth to which it can be safely loaded, and for indicating on the ship, by such mark as may be specified in the regulations, that such a

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Tonnage once ascer-tained and registered to be the ton-nage of a ship

Merchant Shipping lower tonnage has been assigned to it and, where it has been assigned to it as an alternative, the depth to which the ship may be loaded for the lower tonnage to be applicable.

( 4) Regulations under this section may provide for the measurement and survey of ships to be undertaken, in such circumstances as may be specified in the regulations and notwithstanding section 9, by persons appointed by such organisations as m~ be authorised in that behalf by the Minister{~itll't'hef\J~pp~oval of His Majesty; and such regulations may make provision for the payment to persons appointed in pursuance of this subsection .of. such fees as

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may be determined by the Minister.(witn tlie approval of His

Majesty.

( 5) Regulations under this section may make provi-sion for the alteration (notwithstanding section 66) of the particulars relating to the registered tonnage of a ship.

( 6) Regulations under this section may provide for the issue by the Director or by persons appointed by such organisations as. m~ be authorised in that behalf by the

Minister(wifhffiero;pproval of His Majesty of certificates of the registered tonnage of any ship or of the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in Brunei, and for the cancellation and delivery up of such certificates in such cir-cumstances as may be prescribed by the regulations.

Except in so far as provision is made under this section, the rules from time to time in force in the United

Kingdom for ascertaining the tonnage of British ships shall apply in Brunei so far as the circumstances may render necessary.