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 nations 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 Malaysias 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 nations 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 Malaysias 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