Section 85
Discipline
(1)
Any master or seaman employed in a registered
. Brunei ship who by wilful breach of duty or by neglect of duty or by reason of drunkenness or being under the influence of drugs -
(a)
does any act tending to the immediate loss, destruction or serious damage of the ship or its machinery, navigational equipment or safety equipment or tending immediately to endanger the life of, or to cause serious injury to, a person be-longing to or on board the ship; or
(b)
refuses or omits to do any lawful act proper-ly required of him to preserve the ship or its machinery, navigational equipment or safety equipment from immediate loss, destruction or se-rious damage or to preserve any person belonging to or on board the ship from immediate danger of death or serious injury.
shall be guilty of an offence: Penalty, a fine of $2,000 and imprisonment for 2 years.
(2)
Any seamen employed tn a registered Brunei ship who-
(a)
deserts from his ship;
(b)
neglects or refuses without reasonable cause to join his ship or to proceed to sea in his ship or is absent without leave at any time within 24 hours of the ship's sailing from a port; or is absent at any time without leave and the ship is thereby delayed or goes to sea without him;
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Merchant Shipping
(c)
quits his ship without leave after the ship's arrival and before the ship is placed in security;
(d)
is, while on duty, under the influence of drink or a drug to such an extent that his capacity to carry out his duties is impaired;
(e)
persistently and wilfully neglects his duty or persistently and wilfully disobeys his lawful com-mands;
(f)
assaults the master or any officer of the ship;
(g)
combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of a voyage;
(h)
wilfully damages the ship or dishonestly appropriate or converts to his own use or wilfully damages any of the stores or cargo, shall be guilty of an offence: Penalty, a fine of $200 and imprisonment for 2 months.
(3)
In proceedings for an offence under this section it shall be a defence to prove that at the time of the act or omission alleged· against the defendant he was under the influence of a drug taken by him for medical purposes and either that he took it on medical advice or that he had no reason to believe that the drug might have the influence it had.
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( 4) The Ministerlwith the approval of His Majesty may direct, by notification in the Government Gazette, that subsections (1) and (2) or any part or parts thereof shall apply in the case of such ships other than registered Brunei ships and in such circumstances as may be specified in such direction.
69
70
Arrest and detention of seamen who desert, etc.
Unauthorised presence on board ship
Merchant Shipping
( 5) A seaman imprisoned under this section may by direction of a magistrate be sent on board his ship.
(6)
For the purpose of maintaini~g ~~sc;Af?ll1lS,l)·,~H board registered Brunei ships the Ministe~with the ~pproval of His Majesty may make regulations specifying any miscon-duct on board as a disciplinary offence and -
(a)
enabling the master, or such officer as may under the regulations be required or authorised to exercise the powers of the master, to impose fines on seamen committing disciplinary offences;
(b)
specifying the maximum amount of any fine;
(c)
enabling the master to remit the whole or part of any fine;
(d)
prescribing the procedure to be followed in dealing with disciplinary offences; and
(e)
providing for an appeal against a fine.
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