Section 40
of Merchant Shipping Order, 2002
Section 40
(1)
Any person who is aggrieved by any incorrect entry or omission in the register of a Brunei Darussalam ship may apply to the High Court for rectification of the register and the High Court may make such order as it thinks fit directing the rectification of the register.
(2)
The High Court may, in proceedings under this section, decide any question that is necessary or expedient to decide in connection with the rectification of the register.
(3)
Notice of an application under this section by a person aggrieved shall be served on the Registrar, who may appear and be heard, and shall appear if so directed by the High Court.
(4)
An official copy of an order under this section shall be served on the
Registrar who shall, upon receipt of the order, rectify the register accordingly.
Delivery up of certificate on loss etc. of ship.
e 41.
(1)
Where a Brunei Darussalam ship is actually or constructively lost, taken by the enemy, burnt or broken up, every owner of the ship or any share therein shall, immediately on having knowledge of the event, if no notice thereof has already been given to the Registrar, give notice thereof to the Registrar, and the
Registrar shall make an entry thereof in the register and the registry of the ship shall be deemed to be closed except in relation to any unsatisfied mortgages entered therein.
(2)
In any such case, except where the ship's certificate of registry is lost or destroyed, the owner or the master of the ship shall, within 30 days of the event, deliver the certificate to the Registrar.
(3)
Any owner or master of a ship who fails, without reasonable cause, to comply with subsection ( 1) or (2) shall be guilty of an offence and liable on conviction to a nne not exceeding $5,000.
Voluntary closure of registry.