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]
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
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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 Areas
Operation Areas
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 off-shore),
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?
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•
•
•
•
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.
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