Section 23
Section 23
(1)
Subject to the provisions of subsection (3), this
Act shall apply to masters and seamen where such persons are workmen within the meaning of this Act, and are mem-bers of the crew of any registered Brunei ship, or of any other Brunei ship of which the owner, of (if there is more than one owner) the managing owner, or manager resides or has his principal place of business in Brunei, subject to the following modifications -
(a)
the notice of the accident and the claim for compensation may, except where the person in-jured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship, it shall not be necessary to give any notice of the accident;
(b)
in the case of the death of the master or seaman, the application for compensation shall be made within 3 months after news of the death has been received by the claimant;
(c)
where the injured master or seaman is dis-charged or left behind in a port or place outside
Brunei, depositions respecting the circumstances and nature of injury may be taken by any judge or magistrate in any part of the Commonwealth, or by any Brunei consular officer elsewhere, and if so
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taken shall be transmitted by the person by whom
......._ .
they were taken to the Minister, and such deposi-tions or certified copies thereof shall in any pro-
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Workmen's Compensation ceedings for enforcing the claim be admissable in evidence as provided in section 209 of the Mer-chant Shipping Act, and that section shall apply Cap.
accordingly;
(d)
in the case of the death of a master or sea-man leaving no dependants, no compensation shall be payable, if the employer is under the Merchant
Shipping Act liable to pay the expenses of burial;
cap. 145
(e)
the periodical payment shall not be payable in respect of any period during which the employer is under the Merchant Shipping Act liable to de-Cap. t45
fray the expenses of maintenance of the injured master or seaman;
(f)
proceedings for the recovery of compensa-tion by dependants of masters or seamen lost with their ship with all hands shall be maintainable if the application is made within 6 months of the date at which the ship is deemed to have been lost with all hands;
(g)
for the purposes of paragraph (f) a ship shall be deemed to have been lost with all hands if the Director of Marine shall so declare by notifica-tion in the Government Gazette after such enquiry as he shal1 think fit, and the date of such loss shall be deemed to be the date of publication of such notification.
(2)
Subject to the provisions of subsection (3), this
Act shall also apply to any person, not being a master or seaman, employed on board any such ship as is mentioned in this section, if he is so employed for the purposes of the 35
B.L.R.O. I/1984
36
Workmen's Compensation ship or of any passengers or cargo or mails carried by the
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ship, and if he is otherwise a workman within the meaning of this Act.
(3)
This Act shall not apply-
(a)
to members of the crew of a Brunei ship registered or licensed outside Brunei if in the place of registration or licensing of the ship a law relating to workmen's compensation is in force and applies to the members of such crew;
(b)
to such members of the crew of a fishing vessel as are remunerated wholly or mainly by shares in the profits or the gross earnings of the working of such vessel, except in such cases and subject to such modifications as His Majesty in
Council may by order provide.
( 4) In this section, "Brunei ship", "master", "sea-man" and "ship" have the respective meanings assigned to those expressions by the Merchant Shipping Act.