Maritime Law in Malaysia
Content
Implementation of Maritime Laws in Malaysia
Problems and the Future Trend in Malaysia
Contents
• Situation Background • Current Problems • Future Trend
Maritime Law in Malaysia
• Merchant Shipping Ordinance 1952 • Merchant Shipping Order 1984 • Merchant Vessel Ordinance 1960
Maritime Law in Malaysia
• Akta Pengangkutan Kargo Melalui Laut 1950 [Akta 527] Ordinan Perkapalan Saudagar 1952 [Ord. 70/1952] • Akta Dius Api Persekutuan 1953 [Akta 243] • Akta Suruhanjaya Pelabuhan Pulau Pinang 1955 [Akta 140] • Akta Pihak Berkuasa Pelabuhan 1963 [Akta 488] • Akta Lembaga Pelabuhan Bintulu 1981 [Akta 243] • Akta (Penswastaan) Pelabuhan 1990 [Akta 422] • Akta Pendaftaran Kapal Layar Antarabangsa Langkawi 2003 [Akta 630]
Other related Federal Law
• • • • • Fisheries Act 1985 Environment Quality Act 1974 EEZ Act 1984 Customs Act 1967 Immigration Act 1959/53
Maritime Law agencies
• Marine Department (Jabatan Laut) • Agensi Penguatkuasaan Maritim Malaysia (MMEA) • Marine Police (Polis Diraja Malaysia) • Jabatan Kastam & Eksais Diraja • Jabatan Alam Sekitar • Royal Malaysian Navy (TLDM) • Jabatan Perikanan Malaysia
Jabatan Laut Roles & Functions
• • • • Marine Department Under MoT As the Maritime Administrator for Malaysia To ensure ships under flag comply with Malaysia laws and regulations • To ensure ships under flag are periodically surveyed
Jabatan Laut Roles & Functions
• To ensure ships under flag carry on board documents • To ensure the owners under flag comply with principles of registration of ships • Separated into Jabatan Laut Semenanjung Malaysia, Jabatan Laut Serawak and Jabatan Laut Sabah
MMEA Roles & Functions
• It is tasked with enforcing national and international laws • Coordinates search and rescue operations • Other matters incidental to maritime enforcement in the Malaysian Maritime Zone and on the high seas
MMEA Roles & Functions
• In times of war, special crisis or emergency, the Agency may be placed under the command of the Malaysia Armed Forces by order of Minister • Prevent and suppress the commission of an offence – drug, piracy etc • Carry out air and coastal surveillance • Provide training
Operation Area
Operation Area
Marine Police Roles & Functions
• Established in 1940 • Safeguard the nation’s water • Including protecting the nation waters any type of threat in Malaysian waters (up to 9.5km offshore), islands, rivers, lakes, major shipping ports and dams. • protecting Malaysia’s waters from outside threats(from pirated, smugglers, drug and human traffickers and terrorism) and safety for communities near the coastlines and on islands
Royal Malaysian Customs Dept
• Collect tax and revenue efficiently (main revenue collector) • enforcement against smuggling and irregularities. • Carry out operations to eradicate smuggling in an integrated and coordinated manner through land and sea patrols, road blocks and inspection of suspected premises and outlets.
Jabatan Alam & Sekitar Roles & Functions
• To administer and enforce the Environmental Quality Act, 1974 and Section IV of the Exclusive Economic Zone Act, 1984 • Pollution Control and Prevention _ EQA, 1974 & Subsidiary Legislation • Sustainable development thru conversation of resources – Environmental Impact Assessment (EIA)
Royal Malaysian Navy Roles & Functions
• Protecting the sovereignty of nation’s seas • Ensuring its security • Aiding maritime agencies in combating piracy and enforcement of laws in the EEZ
Jabatan Perikanan Malaysia Roles & Functions
• Also known as Fisheries Department • Responsible for administration and developing the national fishing industry • Permit and licensing
Problems in Malaysia
• Too many agencies • No Admiralty court – Commercial Division of the High Court • Lack in numbers of Maritime lawyers and arbitrators • Old law of MSO (1952) • Slow process of ratification of new amendments and international law into the ordinance.
Problems in Malaysia
• Agencies equipped with old equipment • No common law
Future Trend?
• Establishment of an admiralty court • Developing Malaysian capabilities and competency in Maritime Arbitration • One maritime agency for Malaysia taking the US Coast Guard as a model • More and more maritime lawyers and arbitrators evolved in Malaysia
Future Trend?
• • • • • One common and up to date maritime law Well equipped agency More involvement from research institutes More talks between various agencies Usage of IT in the enforcement
Current situation
• New Admiralty Court – 30th Sept 2010 - To handle and resolve maritime industry disputes ( target – 9 months) • Shipping and Admiralty Law Committee (SALC) – training, review, propose
Arbitration
• Kuala Lumpur Regional Centre for Arbitration. • save cost and time by using this arbitration service rather than going through court proceedings. • The Arbitration Act 2005 replaces the Arbitration Act 1952. • Malaysian Court cannot intervene in the trial of any disputes.
Arbitration
• The Arbitration Ordinance XIII of 1809 of the Straits Settlements was Malaysia’s first piece of arbitration legislation. • British North Borneo and Sarawak adopted the English Arbitration Act of 1952 as their respective Ordinance in 1952. • On 1 November 1972, Malaysia adopted this arbitration laws and became known as the Arbitration Act 1952
Admiralty Court
• Malaysian Admiralty Court – 1st Oct 2010 • Two Commercial High Court Judges • One-stop-center to deal with maritime issues • Significant expansion of commerce in oil, gas and shipping sectors
Marine Police
• Marine Operations Force established 62 years ago in September 1947 has stopped it operation – 1st Sept 2012 • islands, rivers, lakes, major shipping ports and dams. • all its asset will be given to APMM
Problems and the Future Trend in Malaysia
Contents
• Situation Background • Current Problems • Future Trend
Maritime Law in Malaysia
• Merchant Shipping Ordinance 1952 • Merchant Shipping Order 1984 • Merchant Vessel Ordinance 1960
Maritime Law in Malaysia
• Akta Pengangkutan Kargo Melalui Laut 1950 [Akta 527] Ordinan Perkapalan Saudagar 1952 [Ord. 70/1952] • Akta Dius Api Persekutuan 1953 [Akta 243] • Akta Suruhanjaya Pelabuhan Pulau Pinang 1955 [Akta 140] • Akta Pihak Berkuasa Pelabuhan 1963 [Akta 488] • Akta Lembaga Pelabuhan Bintulu 1981 [Akta 243] • Akta (Penswastaan) Pelabuhan 1990 [Akta 422] • Akta Pendaftaran Kapal Layar Antarabangsa Langkawi 2003 [Akta 630]
Other related Federal Law
• • • • • Fisheries Act 1985 Environment Quality Act 1974 EEZ Act 1984 Customs Act 1967 Immigration Act 1959/53
Maritime Law agencies
• Marine Department (Jabatan Laut) • Agensi Penguatkuasaan Maritim Malaysia (MMEA) • Marine Police (Polis Diraja Malaysia) • Jabatan Kastam & Eksais Diraja • Jabatan Alam Sekitar • Royal Malaysian Navy (TLDM) • Jabatan Perikanan Malaysia
Jabatan Laut Roles & Functions
• • • • Marine Department Under MoT As the Maritime Administrator for Malaysia To ensure ships under flag comply with Malaysia laws and regulations • To ensure ships under flag are periodically surveyed
Jabatan Laut Roles & Functions
• To ensure ships under flag carry on board documents • To ensure the owners under flag comply with principles of registration of ships • Separated into Jabatan Laut Semenanjung Malaysia, Jabatan Laut Serawak and Jabatan Laut Sabah
MMEA Roles & Functions
• It is tasked with enforcing national and international laws • Coordinates search and rescue operations • Other matters incidental to maritime enforcement in the Malaysian Maritime Zone and on the high seas
MMEA Roles & Functions
• In times of war, special crisis or emergency, the Agency may be placed under the command of the Malaysia Armed Forces by order of Minister • Prevent and suppress the commission of an offence – drug, piracy etc • Carry out air and coastal surveillance • Provide training
Operation Area
Operation Area
Marine Police Roles & Functions
• Established in 1940 • Safeguard the nation’s water • Including protecting the nation waters any type of threat in Malaysian waters (up to 9.5km offshore), islands, rivers, lakes, major shipping ports and dams. • protecting Malaysia’s waters from outside threats(from pirated, smugglers, drug and human traffickers and terrorism) and safety for communities near the coastlines and on islands
Royal Malaysian Customs Dept
• Collect tax and revenue efficiently (main revenue collector) • enforcement against smuggling and irregularities. • Carry out operations to eradicate smuggling in an integrated and coordinated manner through land and sea patrols, road blocks and inspection of suspected premises and outlets.
Jabatan Alam & Sekitar Roles & Functions
• To administer and enforce the Environmental Quality Act, 1974 and Section IV of the Exclusive Economic Zone Act, 1984 • Pollution Control and Prevention _ EQA, 1974 & Subsidiary Legislation • Sustainable development thru conversation of resources – Environmental Impact Assessment (EIA)
Royal Malaysian Navy Roles & Functions
• Protecting the sovereignty of nation’s seas • Ensuring its security • Aiding maritime agencies in combating piracy and enforcement of laws in the EEZ
Jabatan Perikanan Malaysia Roles & Functions
• Also known as Fisheries Department • Responsible for administration and developing the national fishing industry • Permit and licensing
Problems in Malaysia
• Too many agencies • No Admiralty court – Commercial Division of the High Court • Lack in numbers of Maritime lawyers and arbitrators • Old law of MSO (1952) • Slow process of ratification of new amendments and international law into the ordinance.
Problems in Malaysia
• Agencies equipped with old equipment • No common law
Future Trend?
• Establishment of an admiralty court • Developing Malaysian capabilities and competency in Maritime Arbitration • One maritime agency for Malaysia taking the US Coast Guard as a model • More and more maritime lawyers and arbitrators evolved in Malaysia
Future Trend?
• • • • • One common and up to date maritime law Well equipped agency More involvement from research institutes More talks between various agencies Usage of IT in the enforcement
Current situation
• New Admiralty Court – 30th Sept 2010 - To handle and resolve maritime industry disputes ( target – 9 months) • Shipping and Admiralty Law Committee (SALC) – training, review, propose
Arbitration
• Kuala Lumpur Regional Centre for Arbitration. • save cost and time by using this arbitration service rather than going through court proceedings. • The Arbitration Act 2005 replaces the Arbitration Act 1952. • Malaysian Court cannot intervene in the trial of any disputes.
Arbitration
• The Arbitration Ordinance XIII of 1809 of the Straits Settlements was Malaysia’s first piece of arbitration legislation. • British North Borneo and Sarawak adopted the English Arbitration Act of 1952 as their respective Ordinance in 1952. • On 1 November 1972, Malaysia adopted this arbitration laws and became known as the Arbitration Act 1952
Admiralty Court
• Malaysian Admiralty Court – 1st Oct 2010 • Two Commercial High Court Judges • One-stop-center to deal with maritime issues • Significant expansion of commerce in oil, gas and shipping sectors
Marine Police
• Marine Operations Force established 62 years ago in September 1947 has stopped it operation – 1st Sept 2012 • islands, rivers, lakes, major shipping ports and dams. • all its asset will be given to APMM
