Maritime Law in Malaysia

Published on May 2016 | Categories: Types, School Work | Downloads: 62 | Comments: 0 | Views: 318
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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 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?






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

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