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