Section 79
Section 79
(1)
Any dispute relating to the amount payable to a seaman employed under a crew agreement may be submit-ted by the parties to the Director, or to such other person as the Director may in writing appoint, for decision; but the
Director or such other person shall not be bound to accept the submission or, if he has accepted it, to decide the dis-pute, if he is of opinion that the dispute, whether by reason of the amount involved or for any other reason, ought not to be decided by him.
(2)
The decision of the Director or such other person on a dispute submitted to him under this section shall be final and shall not be subject to appeal to or review in any court.
Property of deceased seamen 63
Power of
Director and others to de-cide disputes about wages 80.
(1)
The Minister\with the approval of His Majesty Custodyand may make regulations -
~~~;:~~o~f deceased sea-
( a) providing for the custody of and dealing men with-
(i)
any property left on board a registered Brunei ship by a seaman dying while or after being employed in the ship;
(ii)
any property left in a country outside Brunei by a sean1an dying while or within 6 months after being employed in such a ship; and
(iii)
any property left in a country outside Brunei by a Brunei dying while or within 6 months after being employed in a ship other than a registered Brunei ship,
B. L.R.O. 111984
64
Merchant Shipping until it is disposed of by or under the direction of the Direc-tor;
(b)
providing for the recovery by the Director of any wages which, at the time of a seaman's death, were due to him in respect of his employ-ment in a registered Brunei ship;
(c)
requiring the recording of particulars and the rendering of accounts;
(d)
enabling the Director or any person having custody of a deceased seaman's property to sell it by auction or otherwise and account for the pro-ceeds.
(2)
Subject to any regulations under subsection (1), the master of a registered Brunei ship having on board any property of a deceased seaman shall take charge of such property and, as soon as practicable, shall deliver such prop-erty to the Director and pay to the Director any money due to the deceased seaman in respect of unpaid wages or account for the same.
(3)
Where any property of a deceased seaman comes into the hands of the Director, the Director, after deducting any expenses incurred in respect of that seaman or his prop-erty, shall deal with the residue as follows -
(a)
if the value of the residue exceeds $5,000, he shall pay and deliver the residue to the legal per-sonal representative of the deceased; or
(b)
if the value of the residue does not exceed
$5,000, the Director may as he thinks fit either pay or deliver the residue to any claimant who is proved to his satisfaction to be the widow or a child of the deceased or to be entitled to such residue either under the deceased's will (if any) or any
-
Merchant Shipping statute of distribution or otherwise, or to be a per-son entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liabil-ity in respect of the residue so paid or delivered; or
(c)
he may, if he thinks fit, require representa-tion to be taken out, and pay and deliver the re-sidue to the legal personal representative of the deceased; or
(d)
where it appears to the Director that any person to whom any money or other property of a deceased seaman may be paid or delivered as aforesaid is resident in a foreign state, he may pay or deliver the money or property to a consular officer of that state on behalf of that person.
( 4) Any person to whom any such residue is paid or delivered under subsection (3) shall apply the same in due course of administration.
ship.
(5)
In this section "seaman" includes the master of a
Provisions, Health and Accommodation 61
Gnul/ ttntrc1 {/ o~s 81.
(1)
The Minister~with the approval of His Majesty may make regulations
(a)
requiring such provisions and water to be provided for seamen employed in registered
Brunei ships and such equipment for weighing and measuring the same as may be specified in the reg-ulations;
(b)
requiring such medicines and other medical stores and appliances (including instructions and advice) as may be specified in the regulations to be carried in registered Brunei ships;
65
Provisions, water and medical stores
66
Merchant Shipping
(c)
empowering such persons as may be spe-cified in the regulations to inspect the provisions, water or medical stores carried in ships;
and the regulations may make different provision for diffe-rent ships or description of ships, for different circumstances and for different descriptions of seamen.
(2)
Subject to any regulations made under subsection (1), every registered Brunei ship shall, on com-mencing a voyage, have on board such provisions and quantity of water as, having regard to the nature of the voyage and the needs of the crew, is adequate and reason-able.
(3)
If a person empowered under this Act to inspect the provisions, water or medical stores carried in a ship is not satisfied that the ship carries the provisions, water or medical stores which it is required to carry by this section or any regulations made thereunder, the ship, if in Brunei, may be detained.
Medical 82.
Where a registered Brunei ship does not carry a
~~::d:hi~on medical practitioner among the crew employed in it the master shall make arrangements for securing that any medical attention on board the ship is given either by him or under his supervision by a person appointed by him for the purpose.
Expenses of medical treat-ment etc.
during voyage