CHAPTER II

REGISTRATION OF SHIPS

2.1 Definition of Ship

In Section 2(2) of the Myanmar Merchant Shipping Act, M.S.A 1923,
foreign going ship means a ship, not being a home-trade ship, employed in
trading between any port in the Union of Myanmar and any other port or place.
In Section 2(9) Steam – ship means every description of vessel used in
navigation and propelled wholly or in part by the agency of steam.
In Section 3(7) of the Ports Act 1908, the Vessel includes anything
made for the conveyance by water of human beings or property.

In British Merchant Shipping Act, 1894 does not expressly provide

when a ship must be registered. In Section 2 only says that every British ship
requires registration, and according to Section 742 of the Act, a ship includes
every description of vessel used in navigation not propelled by oars.
The Administration of Ship Act, 1954
Thus all sea-going vessels not propelled by oars are bound to register,
the exemption being based on the fact that such boats are no longer used for
sea-going traffic.
Finally, lighters, barges and other like vessels used exclusively in not-
tidal waters except harbours, are exempt from registration.
Myanmar Merchant Shipping Act -
propelled -
steam -
conveyance -
Yangon Ports Act -
 26

oars -

2.2 Kinds of Ships

There are so many kinds of ships they are: -
(1) Steam Ship
(2) Motor Vessel
(3) Motor Tanker
(4) General Cargo Ship
(5) Roll on Roll of ship (Ro Ro ship)
(6) Refer ship (Refrigerated Cargo Vessel)
(7) Container Ship
(8) Bulk Carrier
(9) Passenger Ship
(10) Lighter Abroad Ship System
(11) Fishing Vessel
(12) Trawler
(13) Sailing Vessel
(14) Man of War
(15) Tug

2.3 The Purpose of Registration

Registration of ship was first made compulsory by the Navigation Act
1660 though the purpose of those Acts was to restrict commerce by sea to
English ships, the building of English ships to English builders and managing
and command of them to English sailors.
The purpose of the shipping register is to provide a record of ship
enjoying the privileges of British ships to enable administrative regulations to
be enforced, and to evidence the title of owners where the ship is of some
value. Accordingly, compulsion to register only exists where at least one of
those considerations prevails.
The same reason for which ownership of British ships is limited to
British subjects or corporations makers it imperative that a record of British
 27

ships be kept. To achieve a purpose the Register of British Ships has been
created. This is used as evidence of the right to fly the flag of State as well as
of the right of ownership and mortgages.
Navigation Act -
the right to fly the flag of State -

ownership -
mortgages -

2.3.1 The Evidence of the Right to fly the Flag of State

Ships are liable to be removed from the control of any particular state,
for international law recognizes the doctrine of the freedom of the High Seas,
which means that no maritime state must extend its jurisdiction beyond its
territorial waters, or Exclusive Economic Zone. But no national jurisdiction
extends to the High Seas.
In British Nationality Act 1948, Section 53 (5) says that it must be
possible to say in what country a person born on board a ship is deemed to be
born. Again where in time of war or disorder merchantmen are interfered with
protection by national warships is granted but, cannot be granted
indiscriminately.
To obviate these difficulties ships are accorded a nationality, like person
and corporations: British merchantmen at sea represent, as it were British
territory and are amenable to British jurisdiction. It is understandable that a
country wishes to keep a cheek on such floating territory which it is thought
can only be successfully effected so long as it is owned by its own nationals.
So that a British ship is entitled to fly the national flag, and where this
flag used otherwise, the ship is for forfeited under the Section 69 of the
Merchant Shipping Act, 1894.
Also in Convention on the High Seas, done at Geneva, on 29th April,
1958 Article 5 says that:
 28

(1) Each State shall fix the condition for the grant of its nationality to
ships, for registration of ships in its territory, and for the right to
fly its flag. Ships have national of the State whose flag they are
entitled to fly. There must exist a genuine link between the State
and the ship; in particular, the State must effectively exercise its
jurisdiction and control in administrative, technical and social
matters over ships flying its flag.
(2) Each State shall issue to ships which it has granted the right to fly
its flag document the effect.
In Article 6 (1), Ships shall sail under the flag of one State only and,
save in exceptional cases expressly provided for the international treaties or in
these articles, shall be subject to its exclusive jurisdiction on the High Seas. A
ship may not change its flag during a voyage or while in a port of call, save in
the case of a real transfer of ownership or change of registry.
A ship which sails under the flags of two or more States, using them
according to convenience, may not claim any of the nationalities in question
with respect to any other States, and may be assimilated to a ship without
nationally.
In UN Convention on the Law of the Sea 1982, Article 90 says that
(Nationality of Ship) every State shall fix the conditions for the grant of its
nationality of ship, for the registration of ships in its territory, and of the right
to fly the flag. Ships have the nationality of the State whose flag they are
entitled to fly. There must exist a genuine link between the State and the ship.
According to Article 92, double nationality and thus double registration
must be avoided. In order to ensure a ship does not fall under the jurisdiction of
more than one State.
The subject of the conditions required for registration of ships was
discussed by UNCTAD'S committee on shipping in connection with the
question of open registries.
 29

In February 1986, the Convention on Conditions for Registration of the

Ship was adopted. It introduces detailed rights and responsibilities of flag State
and new standard of accountability ships and their owners and operators.
The Convention applies to ships of 500 arts and more which are used for
international seaborne trade. For the first time the elements of the genuine link
between a ship and its flag.
In Article 92 provides (Status of Ship) that –
(1) Ships shall sail under the flag of one State only and, save in
exceptional cases expressly provided for the international treaties
or in this Convention, shall be subject to its exclusive jurisdiction
on the High Seas. A ship may not change its flag during a voyage
or while in a port of call, save in the case of a real transfer of
ownership or change of registry.
(2) A ship which sails under the flags of two or more States, using
them according to convenience, may not claim any of the
nationalities in question with respect to any of the State, and may
be assimilated to a ship without nationality.
In Article 94 provides duties of the flag State that:-
(1) Every State shall effectively exercise its jurisdiction and control
in administrative, technical and social matters over ships flying
its flag.
(2) In particular every State shall:-
(a) maintain a register of ships containing the name
and particulars of ships flying its flag, except those
which are excluded from generally accepted
international regulations on account of their small
size, and
(b) assume jurisdiction under its internal laws over
each ship flying its flag and its master, officers and
crew in respect of administrative, technical and
social matter concerning the ship.
 30

freedom of the High Seas -

territorial waters -
Exclusive Economic Zone -
national jurisdiction -
British Nationality Act -
UN Convention on the Law of the Sea 1982 -

2.3.2 The Evidence of the Right of Ownership

In "The Bineta"
By Section 48 (2) of the Sale of Goods Act 1893, "where and unpaid
seller who has exercised his right of lien ………..resells the goods, the buyer
acquires a good title there to as against the original buyer."
A yacht was sold by Miss Simonds to a Mr. Garthwaite in June, 1963
and the vessel was registered in his name. He defaulted in the payment of the
price, and she retained possession of the yacht in exercise of her unpaid seller's
lien. In March 1965, she sold her to Mr.Dalby. Mr. Dalby sought a declaration
that he was the owner of the yacht and was entitled to be registered as such in
place of Mr. Garthwaite under the Merchant Shipping Act 1894, because Miss
Simonds could vest a good title in him under Section 48 (2) of the Sale of
Goods Act 1893. Held, by the probate Divorce and Admiralty Division, that the
declaration would be made accordingly.
Brandon, J, (at Page 420)
I consider that Miss Simonds had power to resell the ship under the Sale
of Goods Act 1893. The plaintiff acquired a good title from the bill of sale
which she gave him. He is therefore the owner of the ship and is entitled to be
registered as such under the Merchant Shipping Act 1894.
In Secpter, the owner of a vessel registered in Great British had the
vessel removed from the British register on representing that he was sold the
vessel to a foreigner. The vessel was then registered in a foreign register and
 31

sailed under a foreign flag. In fact the former owner continued to receive the
profits from the vessel and in fact still owned her. Held, the vessel could be
forfeited.
unpaid seller -
right of lien -
possession -
declaration -

2.3.3 The Evidence of the Right of Mortgage

Under Section 31 of the Merchant Shipping Act, it is stated that a
registered ship or share therein may be made a security for a loan or other
valuable consideration.
By Section 1(1) of the Administration of Justice Act 1956, it is stated
that the Admiralty Jurisdiction of the High Court includes the right to hear and
determine:-
(c) any claim in respect of a mortgage or charge on a
ship or any share therein. This jurisdiction covers
mortgages in relation to both registered and
unregistered ships.

2.4 Effect of Registration

According to its purpose the registration of a ship has a dual effect. It
entitles to all the privileges of a British ship, but an owner cannot, by failing to
register, evade duties east on such vessels. Indeed, an essential object of
registration is the enforcement of such duties. At regards fines and forfeiture,
the payment of dues, and the punishment of offences committed or board, or by
persons belonging to her, non-registered ships are nevertheless regarded as
British. Thus owners prevented from creating a private no man's land where
they might be exempt from any national jurisdiction.
Apart from these public matters registration is also important as proof of
title. It is not conclusive but furnishes at least prima-facie evidence of the
registered owner being the true owner, thus resulting in a shifting of the burden
 32

of proof whatever, without being registered, claims ownership must displace

that prima-facie evidence.
proof of title -
prima-facie evidence -

2.5 The Myanmar Registration of Ships Act

(India Act X. 1841) (5th July, 1841)
(1) (No ship shall be deemed a registered ship, except as regards ships
registered before the coming into operation of the Constitution).
Unless the person or persons claiming property therein shall have
caused the same to have been registered at someone of the ports
hereinafter mentioned and shall have obtained a certificate of such
registry from the person or persons authorized to make such registry
and grant such certificate as hereinafter directed, the form of which
certificate shall be as "This is to certify that in pursuance of the
Myanmar Registration of Ships At (here insert the names and
occupation and residence of subscribing owners) having made and
subscribed the declaration required by the said Act and having
declared that (he or they) together with (names, occupations and
residence of non-subscribing owners) (is or are) sole
owner or owners, in the proportions specified on the back hereof, of
the ship called the (ship's name) of (place at which the vessel shall be
registered), which is of the burden of (number of tons), and whereof
(master's name) is master, and that the said ship was (When and
where built), and (name and employment of surveying officer)
having certified to us that the said ship has (number) decks and
(number) masts, that her (here insert measurements as ascertained by
the rules hereinafter mentioned), that she is (how rigged) rigged)
rigged with a (standing or running) bowsprit, is (description of stern)
sterned, (carvel or clincher) built, has (Whether any or no) gallery,
and (Kind of head, if any) head: and the said subscribing owners
 33

having consented and agreed to the above description, the said called
the (name) has been duly registered at the port of (name of port)
Certificated under our hands at the custom-house, in the said port of
(name of port), this (date) day of (name of month) in the year (Words
at length).
(Signed) --------, Collector or Registrar of Shipping."
And on the back of such certificate of registry there shall be an account
of the parts of shares held by each of the owners mentioned and described in
such certificate, in the form and manner following:-

Names of several owners Number of shares held by

Within mentioned. each owner.
Name … …. ….. Thirty-two
Name … …. ….. Sixteen.
Name … …. ….. Eight
etc … etc … (Signed) … … …, Collector.

surveying officer -
decks -
masts -
bowsprit -
stern -
carvel -

(2) The ports at which registration shall be made shall be such places
as the President of the Union may, from time to time, declare to
be registering ports under this Act.
Provided that ships built at any place other that any or such ports shall
be allowed to make their first voyage to any of such ports, being the ports at
which it is intended they shall be registered, under a certificate to be granted by
the Deputy Commissioner at the place where the ship is built, which certificate
shall contain all the particulars with regard to the ownership and description of
the ships contained in a certificate of registry, and shall specify the ports at
 34

which it is intended that they shall respectively be registered and which

certificate shall have all the effect of a certificate of registry under this Act
during the first voyage from the place of building to the ports at which the
ships shall be afterward registered.
Provided that such ships to proceeding on their first voyage as aforesaid
shall be deemed (registered ships) only whilst duly prosecuting such first
voyage for the purpose of registry, and, if they be not registered within a
reasonable time after their arrival at the port of registry, the owner or owners or
master or other person having or taking the command or charge of such ships,
shall be liable, on conviction before a Magistrate of the first class, to a fine not
exceeding 75,000 Kyats.
from time to time -
voyage -
Magistrate of the first class -
(3) The persons authorize to make such registry, and to grant such
certificates as aforesaid shall be such persons as the President of
the Union may, from time to time, appoint.
(4) At every port where registry shall be made in pursuance of this
Act a book shall be kept by the registering-officer, in which all
the particulars contained in the form of the certificate of the
registry shall be duly entered; and every registry shall be
numbered in progression, beginning such progressive numeration
at commencement of each and every year. And such registering
officer shall forthwith, or within one month at the furthers, sent to
the president of the Union a true and exact copy, together with
the number of every certificate which shall be by him so granted.
registering-officer -

numeration -
 35

(5) No registry shall be made or certificate by granted, until the

following declaration be made or subscribed before the
registering officer by the owner or major part of the owners of the
ship required to be registered:-
"I.A.B. of (place of residence and occupation) do truly declare
that the ship (name) of (port or place) whereof (master's name) is
at present master, being (Kind of build, burden, etcetera, as
described in the certificate of the surveying-officer) was (when
and where) built, and that I, the said (A.B), and the other owners
(names and occupations, if any, and where they respectively
reside), an (or are) sole owner (or owners) of the said ship and
that no other person whatever has any right, title, interest, share
or property therein or there to; and that I, the said (A.B), and the
said other owners (if any), am (or, are) truly and bona fides
(citizen of the Union) or (citizens of the Union) and that no
person not being a (citizen of the Union) directly or indirectly,
has any share or part interest in the said ship."
title -
bona fides -
Provided that if the registering officer shall see occasion to doubt the
truth of the facts contained in the above declaration, he shall not deem such
declaration to be conclusive, but may refuse the registry or certificate, and his
discretion exercise in this behalf shall be subject only to an appeal to the
President of the Union.
(A). Notwithstanding anything contained in Section 1 and Section
5 temporary registration may be grated, with the approval of the
authorized to ships bare boat chartered by an authorized
organization or to ship character for a similar purpose in
accordance with international practice.
 36

appeal -
temporary registration -
approval -

(6) In case the required number of joint owners of any ship shall not
personally attend to make and subscribe the declaration herein
before directed to be made and subscribed, then and in such case
such owner or owner as shall personally attended and make and
subscribe the declarations aforesaid shall further declare that the
part owner or part owners of such ship then absent is or are not
resident within twenty miles of such port or place and has or have
not to the best of his or their knowledge or belief willfully
absented himself or themselves in order to avoid the making of
the declaration here in before directed to be made and subscribed,
on is or are prevented by illness from attending to make and
subscribe the said declaration.
willfully - .
avoid -
(7) And in order to enable the registering officer to grant a certificate
truly and accurately describing every ship to be registered in
pursuance of this Act, and also to enable all other officers of
custom son due examination, to discover whether any such ship is
the same with that for which a certificate is alleged to have been
granted. It is hereby enacted that: -
Previous to the registering or granting of any certificate of
registry as aforesaid someone or more person or person appointed
by the President of the Union, taking to his or their assistance, if
he or they shall judge it necessary one or more person or persons
skilled in the building and measurement of ships, shall go no
board of very such ship that is to be registered and shall strictly
 37

and accurately examine and measure every such ship as to all and
every particular contained in the form of the certificate
hereinbefore directed in the presence of the master, or of any
other person who shall be appointed for that purpose on the part
of the owner or owners, or in his or their absence by the said
master, and shall deliver a true and just account in writing of all
such particulars of the build description and measurement of
every such ship as are specified in the form of the certificate
above recited to the officer authorized to make such registry and
grant such certificate of registry as aforesaid; and the said master
or other person attending on the part of the owner or owners is
hereby required to sign his name also to the truth thereof
provided such master or other person shall consent and agree to
the several particulars set forth and described therein.

(8) The certificate of the surveying shall be in such form as the

President of the Union may from time to time prescribe, and such
certificate shall be delivered to the registering officer before
registry.
(9) The tonnage of a ship required by law to be registered shall,
previous to her being registered be measured and ascertained
according to the Merchant Shipping Law for the time being in
force.
(10) (a) A Myanmar ship or any share therein shall be transferred by
a bill of sale.
(b) The bill of sale for the transfer of a ship or any share therein
to a person qualified to own a Myanmar ship shall be in the
prescribed form and shall contain in the register and shall be
executed by the transferor in the presence of and be attested
by two witnesses.
 38

(c) Every bill of sale be produced to the registering-officer and

the registering shall thereupon enter in the register the name
of the transferee and shall endorse on the bill of sale the fact
of that entry having been made with the date and time
thereof.
(d) Bills of sale shall be entered in the register in the order of
their production to the registering-officer.
(e) The registering-officer shall not make an entry under this
section in respect of any ship if there is: -
(1) any unsatisfied mortgage entered in its register, unless,
where the ship or any share therein in transferred to a person
qualified to own a Myanmar ship, the mortgagee has given
his consent in writing;
(2) any subsisting entry made by an order of the Supreme
Court Prohibiting any dealing with the ship.
(f) Sub-section (e) shall not apply in respect of a bill of sale
executed pursuant to an order of the Supreme Court for the
sale of a Myanmar ship or any share therein.
tonnage -
Merchant Shipping Law -
a bill of sale -
witnesses -
transferee -
endorse -
mortgagee -
Supreme Court -
(11) (a) The owner of a Myanmar ship may make a written
application to close its registry if there is no: -
(1) unsatisfied mortgage entered in its register:
 39

(2) subsisting entry made by an order of the Supreme Court

prohibiting any dealing with the ship.
(b) The application shall specify the name of the ship, the
intended port and country of registry (if applicable) or
otherwise the reason for the closure and shall be submitted
to the registering-officer together with the certificate of
registry of the ship.
(c) On receipt of the application and the certificate of registry,
the registering-officer shall, if he is satisfied of the matters
mentioned in sub-section (a), close the registry of the ship
and make an entry thereof in the register.
(12) The true amount of the register tonnage of every ship be deeply
carved or cut in figures of at least three inches in length on the
main beam of every such ship prior to her being registered.
(13) (a) A Myanmar ship or any share therein may be made a
security for a loan or other valuable consideration, and the
instrument creating the security (referred to in this Act as a
mortgage) shall be in the prescribed form or as near thereto
as circumstances permit, and on production of that
instrument the registering-officer shall record it in the
register.
(b) Mortgages shall be recorded by the registering-officer in
time, in which they are produced to him for that purpose,
and the registering-officer shall endorse and sign a
memorandum on each mortgage stating the date and time of
that record.
beam -

memorandum -
 40

(14) Whenever the register tonnage of any ship shall have been
ascertained according to the said rules and orders, such account
of register tonnage shall ever after be deemed the register tonnage
of such ship, and shall be repeated in every subsequence registry
of such ship, unless it shall happen that any alteration has been
made in the form of burden of such or it shall be discovered that
the register tonnage of such ship has been erroneously taken and
computed.
(15) If such certificate as aforesaid shall be sold, lent or otherwise
disposed of to any person other than the ship for which it is
granted; such certificate shall thence-forth be void, and the
master or any owner of the ship who shall be proved to have sold,
lent or disposed of such certificate, or made use of the same as
aforesaid, or shall have concurred in or been privy to the
committing of any such offence, shall be liable, on conviction
before a Magistrate of the first class, to fine not exceeding
150,000 kyats.
burden -
erroneously -
privy -
offence -
conviction -
And in case such ship shall be lost or taken by the enemy, burnt or
broken up, or otherwise prevented from returning to the port at which she is
registered, or shall on any account have lost and forfeited the privileges of a
(registered ship) or shall have been seized and legally condemned for illicit
trading, or shall have been taken in execution for debt and sold by due process
of law or shall have been sold to the Government, or shall under any
circumstances have been registered de novo, the certificate if preserved, shall
be delivered up, within one month after the arrival of the master in any port or
 41

place in the Union of Myanmar to the registering-officer at such port in default

whereof the master or any of the owners shall be liable on conviction before a
Magistrate of the first class to a fine not exceeding 75,000 kyats.
And if any person not being a (citizen of the Union) shall purchased or
otherwise become entitled to the whole or to any part or share of or any interest
in such ship and the same be within the limits of any port of the Union of
Myanmar, then and in such case the certificate of registry shall, within seven
days after such purchase or transfer of property in such ship, be delivered up to
the registering-officer at such port, and if such ship shall be in any place not
within the Union of Myanmar when such purchase or transfer of property shall
take place, then the certificate shall be delivered up within fourteen days after
the arrival of such ship or of the master thereof in any port of the Union of
Myanmar to the registering-officer at such port, in default whereof the master
of any of the owners shall be liable on conviction to fine not exceeding 75,000
kyats.
burnt -
condemned -
illicit trading -
de novo -
(16) When and so often as the master of any ship registered in manner
hereinbefore directed shall be changed, the master or owner of
such ship deliver to the person hereinbefore authorized to make
such registry and grant such certificates of registry at the port
where such changes shall take place if it be a port within the
Union of Myanmar the certificate of registry belonging to such
ship, who shall thereupon endorse and subscribe a memorandum
of such, and shall forthwith give notice of the same to the proper
officer of the port or place where such ship was last registered
pursuant to this Acts, who shall likewise make a memorandum of
the same in the book of registers which is hereby required to be
 42

kept, and shall forthwith give notice thereof in like manner as of

the original entry. But if the change do not take place in any port
within the Union of Myanmar, then such delivery, memorandum
and endorsement shall be made and notice given at the first port
within the Union of Myanmar at which the new master shall
arrive after such change. In default of which delivery of the
certificate such new master or nay of the owners shall be liable,
on conviction, to fine not exceeding 75,000 Kyats.
(17) If shall not be lawful for any owner of any ship to give any name
to such ship other than that by which she was first registered in
pursuance of this Act, and the owner of every ship which shall be
so registered shall before such ship after such registry shall being
to take in any cargo, paint or cause to be painted, in white or
yellow letters of a length of not less than four inches upon a black
ground on some conspicuous part of the stem, the name by which
such ship shall have been registered pursuant to this Act, and the
port to which the belongs, in a distinct and legible manner, and
shall so keep and preserve the same.
pursuant -
default -
fine -
lawful -
conspicuous -
legible -
And if such owner or master or other person having or taking the charge
or command or such ship shall as aforesaid, or shall willfully alter, cause,
obliterate or in any wise hide or conceal, or cause or procure or permit the same
to be done, or shall in any written or printed paper or other document describe
such ship by any name other than that by which she was first registered
pursuant to this Act or shall verbally describe or cause or procure or permit
 43

such ship to be described by any other name to any officer of revenue in the
due execution of this duty, then and in every such case the certificate of
registry shall thenceforth become void, and such owner, or master or other
person having or taking the charge or command of such ship shall be liable, on
conviction by a Magistrate of the first class, to a fine not exceeding kyats
75,000.
(a) Every ship shall, before registry, be marked permanently
and conspicuously to the satisfaction of the registering-
officer as follows:
(1) Its name shall be marked on each of its bows, and its name
and the name of its port of registry shall be marked on its
stern, on a dark ground in white or yellow letters or on a light
ground in black letters, such letters to be of a length not less
than one decimeter and of proportionate breadth;
(2) Its official number shall be cut in on its main beam; and
(3) a scale of decimetres, or of metres and decimeters, denoting
its draught of water shall be marked on each side of its stern
and of its stern post:
(i) in figures at two-decimeter intervals, if the scale is
in decimeters;
(ii) in figures at each metre interval and at intervening
two-decimetres intervals, if the scale is in metres
and decimeters; and
(iii) the capital letter "M" being placed after each metre
figure; the top figure of the scale showing both the
metre and (except where it marks a full metre
interval) the decimetre figure; the lower line of
figures. or figures and letters (as the case may be),
coinciding with the draught line denoted thereby,
the figures and letters being not less than one
decimeter in length and being marked by being cut
 44

in and painted white or yellow on a dark ground, or

in such other way as the Director-General of the
Department of Marine Administration may
approve.
(b) The registering-officer may exempt any ship or class of
ships from all or any of the requirements of subsection (a)
(c) If the owner or master of ship or other person having or
taking the charge or command of such ship shall permit such
ship to begin to take in cargo before the name of such ship
has been so painted as aforesaid, or shall willfully alter,
erase, obliterate or in any wise hide or conceal, or cause or
procure or permit the same to be done, or shall in any
written or printed paper or other document describe such
ship by any name other than that by which she was first
registered pursuant to this Act, or shall verbally describe or
cause or procure or permit such ship to be described by any
other name to any officer of revenue in the due execution of
his duty, then and in every such case the certificate of
registry shall thenceforth become void, and such owner, or
master or other person having or taking the charge or
command of such ship shall be liable, on conviction to a fine
not exceeding kyats 150,000.
obliterate -
conceal -
decimeter -
Director-General -
Department of Marine Administration -

(18) Every person who shall apply for a certificate of the registry of
any ship shall produce to the person authorized to grant such
 45

certificate a true and full particular under the band of the builder
of such ship, or in case the want of such certificate can be
satisfactorily accounted for, the to produce other sufficient
evidence of the proper denomination, and of the time when, and
the place where, such ship was built, and also an exact account of
the tonnage of such ship, and shall also make and subscribe a
declaration before the person or persons hereinbefore authorized
to grant such certificate that the ship for which such certificate is
required is the same with that which is so described by the
builder as aforesaid.
(19) (a) If the certificate of registry of any ship-shall be lost or
mislaid, so that the same cannot be found or obtained for the use
of such ship when needful and proof thereof shall be made to the
satisfaction of the registering-officer of the port at which the ship
is registered, such officer shall, where the certificate shall have
been lost or mislaid, permit such ship to be "registered de novo",
a certificate thereof to be granted.
Provided always that if such ship be absent and far distant from the port
to which she belongs or by reason of the absence of owner or owners, or of any
other impediment, registry of the same cannot then be made in sufficient time,
such registering officer shall and may grant a licence for the present use of such
ship, which licence shall force and virtue as a certificate of registry granted
under this Act.
Provided always that, if the certificate of registry, shall at any time
afterwards be found, the same shall be forthwith delivered to the proper
officers of customs to be cancelled, and that no illegal use be made of the same,
in default whereof the original certificate and the renewed certificate and
licence shall thenceforth become void, and any person willfully detaining t he
certificate so required to be cancelled, or making any illegal use thereof shall
be liable on conviction to fine not exceeding kyats 75,000.
 46

(b) The certificate of registry of a ship shall be used only for the
lawful navigation of the ship and shall not be subject to
detention by reason of any title, lien, charge or interest
whatsoever had or claimed by any owner, mortgagee or
other person to, on or in the ship.
(c) If any person, whether interested in the ship or not refuses,
without reasonable cause, on request to deliver up the
certificate of registry when in his possession or under his
control to the person entitled to the custody thereof for the
purposes of the lawful navigation of the ship, or to the
registering-officer, or to any other person entitled by law to
require such delivery, he shall be guilty of an offence and
shall be liable, on conviction to a fine not exceeding kyats
75,000.
(d) Where the registry of a ship is closed or deemed to be closed
under this Act, the registered owner of the ship at the time
of the closure shall deliver up the certificate of registry to
the registering-officer for cancellation within 60 days of the
closure and if he fails, without reasonable cause, to deliver
up the certificate of registry within that periods, he shall be
guilty of an offence and shall be liable, on conviction to a
fine not exceeding kyats 75,000.
(e) If any person uses or attempts to use for the navigation of a
ship a certificate of registry which is not legally granted in
respect of the ship or the registry of which has been closed
or deemed to be closed, he shall be guilty of an offence and
shall be liable, on conviction to a fine not exceeding kyats
75,000.
needful -
mislaid -
impediment -
 47

(20) In case any person who shall have received or obtained by any
means or for any purpose whatever the certificate of the registry
of any such ship (whether such person shall claim to be the
master or to be the owner or one of the owners of such ship or
not), shall willfully detain and refuse to deliver up the same to the
proper officers to customs, for the purposes of such ship, as
occasion shall require, or to the person having the actual
command, possession and management of such ship as the
ostensible and reputed master, or as the ostensible and reputed
owner thereof, if shall be lawful for any such as mentioned
person to make complaint on oath of such detainer and refusal to
any Magistrate of the first class having jurisdiction at the place
where such detainer and refusal shall be;
and on such complaint the said Magistrate shall by warrant cause the person so
complained against to be brought before him to be examined touching such
detainer and refusal; and if it shall appear to the said Magistrate on examination
of such person or otherwise that the said certificate of registry is willfully
detained by the said person, such person shall be subject on conviction before
such Magistrate to a fine not exceeding 15,000 kyats, and the said, Magistrate
shall certify the aforesaid detainer, refusal and conviction to the person or
persons who granted such certificate of registry for such ship, who shall on the
terms and conditions of law being complied with make registry of such ship de
novo, and grant a certificate thereof conformably to law, notifying on the back
of such certificate the ground upon which the ship was so registered de novo;
and if the person who shall have detained and refused to deliver up such
certificate of registry as aforesaid, or shall be verily believed to have detained
the same, shall have absconded do that the said warrant of the Magistrate
cannot be executed upon him, and proof thereof shall be made to the
satisfaction of the registering-officer of the port at which the ship was
registered, it shall be lawful for the said officer to permit such ship to be
registered de novo, or otherwise, in his discretion, to grant a licence for the
 48

present use of such ship in like manner as is hereinbefore provided in the case
wherein the certificate of registry is lost or mislaid.
ostensible and reputed master -
jurisdiction -
(21) If any ship, after she have been registered pursuant to the
directions of this Act, shall in any manner whatever be altered so
as no to correspond with all the particulars contained in the
certificate of her registry or if any alternation shall take place in
the ownership of any ship or any share or shares thereof, in such
cases such ship shall be registered do novo in manner
hereinbefore required as soon as she return to the port to which
she longs, or to any other port within the Union of Myanmar, on
failure whereof such ship shall be deemed to be a ship not duly
registered, and any person making use of a certificate for the
purpose of any ship which has been granted in respect of the
same, after the same ought to have been registered de novo shall
be liable on conviction to fine not exceeding kyats 75,000.
(22) The registering-officer at any port shall upon reasonable request
by any person, produce for his inspection any declaration made
by any owner and any register or entry in any book of registry
required, and shall permit such person to take a copy or an extract
thereof.
(23) If any person shall falsely make declaration, to any of the matters
hereinbefore required to be verified by declaration, or if any
person or persons shall counterfeited, erased, alter or falsified any
certificated or other instrument in writing required to be obtained,
granted or produced by this Act, or shall knowingly of willfully
make use of any certificate or other instrument so counterfeited,
erased, altered, falsified, or shall willfully grant such certificate
or other instrument in writing knowing it to be false such person
shall for every such offence be liable, on conviction by a
 49

Magistrate of the first class, to a fine not exceeding 150,000 kyats

and, if any such offence be committed by the owner of any ship,
the certificate of such ship shall thenceforth be void.
counterfeited -
falsified -
void -
(1) In imposing a punishment of fine on the convicted person who is
not a citizen of the Union of Myanmar under this Act, it shall be
paid in foreign currency equivalent to the amount in Myanmar
currency as determined by the Government.
(2) The fees demandable in respect of the granting any certificate or
pass under this Act shall be fixed time to time according to the
direction of the President of the Union, but so that the same shall
not exceed the amount of fees now payable for registering or
granting passes to ships.
(a) The fees demandable in respect of the granting any
certificate or pass under this Act for a foreign ship, shall be
paid according to the rates prescribed for this purpose by the
Ministry of Transport by notification.
(b) The fees for the initial registration or registration anew of a
Myanmar ship registered under this Act shall be Kyats 100
per gross ton of the ship.
(c) All unpaid fees in respect of any ship due to the registering-
officer shall constitute a maritime lien on the ship, subject
only to liens for wages.
(d) The Ministry of Transport may, with the approval of
Government either generally or on specific occasions reduce
the fees prescribed under this section.
(3) All ship registered under this Act shall deemed to belong to the
ports at which they shall be respectively registered.
(4) For the implementation of the provisions of this Act: -
 50

(a) the Ministry of Transport may, with the approval of the

Government issue necessary rules and procedures;
(b) The Ministry of Transport and the Department of Marine
Administration may issue necessary notifications, orders
and directives.
demandable -
Ministry of Transport -
maritime lien -