Section 2
( 1)
of Merchant Shipping Order, 2002
In this Order, unless the context otherwise requires -
"alteration" includes deterioration;
"bankruptcy" includes insolvency;
"beneficial interest" includes interests arising under contract and other equitable interests;
"Brunei Darussalam licensed ship" means a ship licensed under Part VI;
"Brunei Darussalam ship" means a ship registered provisionally or otherwise, under Part II and its registry is not closed or deemed to be closed or suspended under that Part;
"cargo ship" means any ship which is not a passenger ship;
"certificated officer" means any officer holding a certificate issued or deemed to have been issued in accordance with regulations made under section 47;
"collision regulations" means regulations made under section 109;
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"consular officer" includes -
{a}
a consul, ambassador, high commissioner, commissioner or other head of a diplomatic mission;
{b)
a Minister;
{c)
a charge d'affairs; and
{d)
a counselor, secretary or attache of an embassy or other mission;
"court" in relation to any proceedings, includes any court, judge or magistrate having jurisdiction in the matter to which the proceedings relates;
"crew agreement" means an agreement made pursuant to section 57;
"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
"effects" includes clothes and documents;
"equipment", in relation to a ship, includes every fitting, thing or article belonging to, on or in the ship used or to be used in connection with, or necessary for the navigation or safety of, the ship or persons on board or the prevention of pollution, whether or not the fitting, thing or article is prescribed by this Order and, in particular, includes machinery, boilers, cargo handling gear and any fitting, thing or article prescribed by this Order;
"functions" include powers and duties;
"harbour craft" means any ship that is used solely within the limits of the port declared under the Ports Act (Chapter 144);
"load line" means a line indicating the maximum depth to which a ship, other than a passenger ship, may be loaded in circumstances prescribed by regulations made under section 109 and determined in accordance with those regulations;
"master" includes every person, except a pilot, having command or charge of any ship;
"Minister" means the Minister of Communications;
"name" includes a surname;
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"officer" includes a master, a mate, an engineer, a helmsman and an engine driver of any ship;
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"officers of the Marine Department" means the officers for the time being appointed to be officers of the Marine Department under section 4;
"passenger" means a person carried on board a ship with the knowledge or consent of the owner, manager, charterer, operator, agent or master of the ship, not being-
(a} a person employed or engaged in any capacity on board the ship on the business of the ship;
(b)
a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country or territory other than Brunei Darussalam) to convey persons left behind in any country or territory on being shipwrecked, distressed or by reason of circumstances that could not have been prevented or forestalled by the owner, manager, charterer, operator, agent or master of the ship;
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(c)
a person temporarily employed on the ship in port; or
(d)
a child below one year of age;
"passenger ship" means a ship which carries more than 12 passengers;
"pilot" means any person who does not belong to, but has the conduct of, a ship;
"pleasure craft" means any ship used exclusively for owner's pleasure and not offered or used for hire or reward;
"port" means any area in Brunei Darussalam declared to be a port under the Ports Act (Chapter 144);
"Port Health Officer" means any person appointed under the
Quarantine and Prevention of Disease Act (Chapter 47);
"port of return" means such port as is agreed upon by the master or seaman and his employer in the crew agreement or otherwise or, in the absence of agreement -
(a}
Muara or Kuala Belait, in the case of a master or seaman who is resident in Brunei Darussalam; or 404
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(b)
the port where the master or seaman was employed or joined the ship, in any other case;
"premises" includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether opened or enclosed, whether permanently built on or not, whether public or private, whether on land or on water, and whether maintained or not under statutory authority;
"prescribed" means prescribed by regulations made by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
"Registrar" means the Registrar of Brunei Darussalam ships;
"repealed Act" means the Merchant Shipping Act (Chapter 145)
repealed by this Order;
"representation" means probate, administration, confirmation, or other instrument constituting a person the executor, administrator or other representative of a deceased person, and "legal personal representative"
means the person so constituted executor, administrator or other representative of a deceased person;
"salvor", in relation to salvage services rendered by the officers or crew or part of the crew of any naval ship, means the person in command of that ship;
"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than-
(a} the master of the ship;
(b)
a pilot; or
(c)
a person temporarily employed on the ship in port;
"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes -
(a} a barge, lighter or other floating vessel; and
(b)
an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
"subdivision load line" means a line indicating the maximum depth to which a passenger ship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to
BRUNEI DARUSSALAM GOVERNMENT GAZETTE passengers as determined in accordance with regulations made under section 109;
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"surveyor" means a surveyor appointed under section 5;
"tons" means gross tonnage;
"voyage", in relation to a ship, means the whole time and the whole distance when the ship is at sea between the ship's port of departure and its port of arrival;
"wages" includes emoluments;
"young person" means any person who has not attained the age of 18 years.
(2)
References in this Order-
{a}
to a failure to do any act or thing include references to a refusal or neglect to do that act or thing;
(b)
to going to sea include, in the case of a Brunei Darussalam ship, references to going to sea from any country or territory outside Brunei
Darussalam;
(c)
to dying in a ship include references to dying in a ship's boat or life raft and to being lost from a ship, ship's boat or life raft;
{d)
to the date of commencement of this Order are to the date of commencement of the main substantive provisions of this Order; and
{e)
to this Order include references to regulations made under this
Order.
(3)
For the purposes of this Order-
{a}
a seaman is discharged from a ship when his employment on that ship is terminated;
(b)
a seaman is discharged from a ship in any country or territory and left there shall be deemed to be left behind in that country or territory notwithstanding that the ship also remains there; and
{c)
a ship shall be deemed to have gone to sea if it has got under way for any purpose except for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.
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