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Q. WHAT IS OFFICIAL LOGBOOK’?
Q. WHAT ENTRIES ARE MADE IN IT? GIVE AN EXAMPLE OF SUCH AN ENTRY?
Official logbook
[Link] per MSO 1952, section 198: - An Official Logbook is an official document approved by the Director of
marine to be kept in every ship.
[Link] Director of marine shall approve forms of official logbooks, which may be different for different classes
of ships, so that each such form shall contain proper spaces for the entries required by this ordinance.
[Link] official log may, at the discretion of the master or owner, be kept distinct from, or united with, the
ordinary ship’s log, so that in all cases the spaces in the official logbook be duly filled up.
[Link] entry in official log book shall be made as soon as possible after the occurrence to which it relates, if
not made on same day; and if made in respect of an occurrence happening before the arrival of the ship at
her final discharge port shall not be made more than twenty-four hours after that [Link] further entry
shall be made after the book is delivered to the authority
[Link] entry in the official logbook shall be signed by the master and by the mate or some other of the
crew; and also-
●If it is an entry of illness, injury or death, shall be signed by the surgeon or medical practitioner on board
●If it is an entry of wages due to or of the sale of the effects of, a seaman or apprentice who dies, shall be
signed by the mate and by some member of the crew besides the master
[Link] entry made in an official logbook in manner provided by this ordinance shall be admissible in
evidence.
[Link] logbook shall be delivered to the port office or superintendent in 48 hours after the article of
agreement is closed or after the last crew member is discharged as provided under section [512(1)].
[Link] the book is lost or destroyed, the master shall furnish a report to the port officer including any entries
relating to injury, death or fines imposed. If by reason of transfer of ownership or change of employment of
the vessel, the book shall be delivered within one month by the master or owner after such cessation [202]
[Link] proceedings may be instituted against any failure to comply with the requirements of the MSO 1952.
Entries required in official logbook
As per MSO 1952, section 199-
The master of a ship for which an official log is required BY this ordinance shall enter or cause to be entered
in the official logbook the following matters: -
[Link] On/Signed Off crew: While joining/ leaving the vessel entries shall be made in [Link] capacity in
which engaged,
[Link] Line details; Date of departure from and arrival at each dock, wharf, harbor or other place with the
draught of water and freeboard upon every occasion of the ships proceeding to sea (draft- fwd., aft., Port,
stbd. And mean, Water density) signed by Mate and Master,
[Link] conviction by a legal tribunal of a member of his crew and the punishment inflicted;
[Link] offence committed by a member of his crew for which it is intended to prosecute, or to enforce a
forfeiture, or to exact a fine, together with such statement concerning the copy or reading over of that entry,
and concerning the reply (if any) made to the charge, as is by this ordinance required;
[Link] offence for which punishment is inflicted on board and the punishment inflected;
6.A statement of the conduct, character and qualifications of each his crew, or a statement that he declines
to give an opinion on those particulars;
[Link] case of illness, or injury happening to a member of the crew, with the nature thereof, and the
medical treatment adopted (if any)
[Link] case of death happening on board and the cause thereof;
[Link] berth happening on board, with the sex of the infant and the names of the parents;
[Link] marriage taking place on board, with the names and ages of the parties;
[Link] name of every seaman or apprentice who ceases to be a member of the crew, otherwise than by
death, with the place, time, manner and cause thereof;
[Link] wages due to any seaman or apprentice who dies during the voyage and the gross amount of all
deductions to be made therefrom;
[Link] sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of
each article sold and the sum received for it;

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[Link] collision with any other ship, and the circumstances under which the same occurred;
[Link] casualty or accident of which a report is required to be made under this ordinance
[Link] of boat Drill, fire drill and inspection of safety equipment [259] signed by Mate and Master.
[Link] relating to the operation of the radio installation, and the maintenance of the radio service.
[262-4(c)]
[Link] of inspections of crew accommodation [169] signed by Mate and Master.
Q. WHAT OLB ENTRY MUST BE MADE ON THE CHANGE OF MASTER?
1. The off-signing Master should make an entry (Entry no. 4) in the narrative section to the effect that he has
delivered to me (in coming master) all documents relating to the ship and the crew, and both he and I would
sign this entry.
2. I would add my name and certificate number to the list on the front cover.
Q. A) WHO CAN DEMAND TO SEE YOUR OFFICIAL LOGBOOK?
B) HOW WOULD YOU CORRECT AN ERRONEOUS ENTRY IN THE OLB?
A) To the designated authority (the director of marine); a port officer; or any person authorised in writing by
the designated authority. In practice I would show it also to any foreign state or harbour official who demanded
to see it, because local law may require this.
b) With a further entry. I would leave the incorrect entry as it is and make a new entry referring to the mistake,
e.g. “In previous entry, for smith read Jones”
Q. WHAT IS CREW AGREEMENT OR ARTICLES (AOA)?
This is a signed agreement between the master and the crew which facilitates the crew worthy of Food,
Wages, Medical facilities, Cabin facility, Voyage limit, Area of voyage.
Before opening AOA, master must ensure-
●Terms and conditions of AOA is understood by all crews
●A memorandum is signed ●Change of crews ENG-2A form is endorsed
●New AOA effected before expiry date of AOA
Q. AOA TYPE?
i) Voyage agreement:
A crew agreement which expires at the end of one round voyage, e.g. from a UK port to Far East ports and
back to the UK.
ii) Running agreement:
A crew agreement extending over two or more voyages. Running agreements were originally intended for
use in ships trading to foreign ports but making frequent return to the UK and were restricted to six months
in duration. Nowadays 12 months running agreement may be used in most UK ships trading in the Unlimited
area whether they return to the UK or not.
iii) Indefinite agreement:
A crew agreement that runs without limit of time and which may be terminated at any time by a party to it.
Q, AOA IS EXPIRING IN MID SEA WHAT WILL BE THE ACTION AS MASTER?
Closing old article of agreement and opening a new one
Q. WHAT ARE THE CONTENT OF AOA?
Content of AOA
a) Name of the ship, official no, POR
b) Nature, duration of voyage, maximum duration of voyage, voyage area limit
c) Name and capacity of seaman
d) Amount of wages
e) Scale of provision
f) Crew Conduct and fine for misconduct
g) Compensation for accidental injury and death
h) Advance on board, shore leaves, and repatriation
Q. GIVE THE GENERAL TERMS OF THE ARTICLES OF AGREEMENT AS PROVIDED IN THE MERCHANT SHIPPING
ACT 1952? (SECTION 98)
Articles of agreement (AOA)– MSO 1952
Five original copies of the articles of agreement may be signed between the employer/employer’s agent and
the seafarer ashore. This signing on will be done in the office of the employer/employer’s agent, and not in

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the presence of the Shipping Master. The seafarer shall report on board ship with the first three signed
original copies which shall be signed by the Master and the seafarer on board the ship. After this, the 1st and
3rd original copies would remain in the custody of Master whereas the 2nd original copy would be in
possession of the seafarer.
After the first three original copies have been taken on board the ship, there will be two original copies left
with employer/employer’s agent. The 4th & 5th original copies would not have signatures made by Master
or by seafarer on board the ship. The 4th original copy will be retained by the employer/employer’s agent.
The last, namely the 5th original, copy will be forwarded by the employer/employer’s agent to the concerned
Shipping Master for the record at the earliest and in any case not later than 48 hours of seafarer signing off.
The Articles of Agreement must be in a form approved by the Director of marine and shall be dated at the
time of the first signature thereof and shall be signed by the master before a seaman sign the same.
The general terms of the articles of agreement as provided in the merchant shipping act 1952 (section 99)
information to be included in a seafarer employment agreement
PART 1 - Provisions to be included in all agreements
1. The full name, birthplace and date of birth (or age at the time of entering into the agreement) of the
seafarer.
2. The name and address of the shipowner.
3. The place where the agreement is entered into.
4. The date on which the agreement is entered into.
5. The capacity in which the seafarer is to work.
6. If the agreement has been made for a definite period, the termination date.
7. If the agreement has been made for an indefinite period, the period of notice of termination required and
the circumstances in which such notice may be given.
8. If the agreement has been made for a particular voyage, the destination port and the period following
arrival after which the agreement terminates.
9. The health and social security protection benefits to be provided to the seafarer by the shipowner
10. The maximum period of service on board following which the seafarer is entitled to repatriation (which
must not exceed a period of 12 months less the number of days statutory paid leave to which the seafarer is
entitled).
11. The seafarer’s entitlement to repatriation (including the mode of transport and destination of
repatriation) and the circumstances in which the seafarer is required to meet or reimburse the shipowner for
the costs of repatriation.
12. The maximum sum which the shipowner will pay to the seafarer in respect of compensation for any loss
of personal property arising from the loss or foundering of the ship. 13. Details of any collective bargaining
agreement which is incorporated (in whole or part) into the agreement or is otherwise relevant to it.
PART 2 - Provision to be included where seafarer is an employee
1. The wages (either the amount or the formula to be used in determining them).
2. The manner in which wages must be paid, including payment dates (the first of which must be no more
than one month after the date on which the agreement is entered into, with all subsequent dates being no
more than one month apart) and the circumstances (if any) in which wages may or must be paid in a
different currency.
3. The hours of work.
4. The paid leave (either the amount or the formula to be used in determining it).
5. Any pension benefits to be provided to the seafarer, including any entitlement to participate in a pension
scheme.
6. The grievance and disciplinary procedures.
The agreement must record the requirements of advance & allotments & other stipulation not contrary to
law. The master shall provide the copy of the agreement to the members of the crew. Any change in a crew
agreement is only valid if it is made with the consent of all the parties concerned & the same is to be
attested by the port officer, superintendent, justice, officer of customs or other public functionary.
*Q. ARTICLE OF AGREEMENT BEFORE OPENING, WHAT MASTER MUST ENSURE?
Master must ensure the followings:
●Terms and conditions of AOA are understood by all crews.

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●A memorandum is signed.
●A change of command form Marine-40 is endorsed by port officer.
●Change of crews ENG-2A form is endorsed.
●New AOA effected before expiry date of old AOA.
Q. WHAT TO DO ONBOARD WHEN AOA RENEWS? HOW TO RENEW AT SEA? WHAT IF CREW DOESN’T WANT
TO SIGN NEW AOA-WHO SIGNS THE AOA-WHO TO APPLY MASTER?
Procedures of opening AOA:
1. Expiry:
If the AOA expires at sea, the new Agreement shall be valid until its next port of call.
2. The AOA:
a. Consists of Marine 68A, 68B, 68C and 68D forms in duplicate.
b. The black copy of AOA is to be retained on board.
c. The red copy is to be forwarded to the Marine Department.
Marine 68A
a) This form is the front cover of the Agreement.
b) The particulars of the ship which may be obtained from the Certificate of Registry shall be stated in the
space provided at the top of the form.
c) The trading area in which the ship is plying and the period of validity of the Agreement i.e. 12 or 24
months are to be indicated.
d) Other stipulations: Blank space after "And it is also agreed that" is for inserting other stipulations such as:
●See Additional Clauses;
●As per individual agreement;
●As per collective agreement.
e) A copy of any of the above documents so used must be attached to each copy of the AOA.
f) Voyages: Bottom boxed columns concerning "voyages" must be completed. Master is to sign at the
bottom right side and end of voyage column.
g) Particulars of statutory certificates: On the inside front cover of red copy of AA the Master is to complete
particulars on SOLAS, ILL & IOPP certificates, as well as medical supplies certificate.
Marine 68B
a) Additional clauses: On the page "Additional Clauses" certification by Master must be countersigned by
Shipowner's representative or any member of the crew; on same page Master and/or Chief Engineer must
sign concerning their responsibilities and duties to be performed by Cadets/Apprentices and/or Cadet
Engineers. Scale of provisions: Scale of provisions to be furnished to each seaman.
b) Position of load lines: on the reverse page "Positions of the deck Line and Load Lines" to be written.
c) Discipline: "Regulations for maintaining discipline" are stated.
d) Offences: list of offences are written.
e) Endorsements: Certificates or endorsements made by Consular Officers or Superintendents.
Marine 68C
Particulars of young persons under 18 years of age and apprentices employed on the vessel.
Marine 68D
a. Particulars of all persons employed on the vessel, including the Master and young persons
b. Full name of seaman in BLOCK LETTERS
c. Seaman to sign in "ENG" box after engagement
d. The "Ref No" to run serially, and new seaman engaged given next consecutive number
e. Master to witness seaman's signature and sign in the extreme right- hand column.
Form U
●It incorporates salient features of AOA.
●It is to be posted up in a conspicuous place on board the vessel.
Certificates of Competency
●Master is to sight the original COC and other certificates prior signing on a Seaman.
●A copy of these certificates to be forwarded to port office.
Documents to be sent to port office

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On completing the new Agreement, the Master shall forward the red copy of the Agreement to the Shipping
Division, port office with the:
a. Red & Terminated black copy of the previous crew agreement and official logbook (in the case of renewing
crew agreement);
b. Officers’ Certificate of Endorsement numbers (COE) or their applications for COE and Tanker endorsement
Certificates (*for vessels carrying Petroleum, Chemical and Liquefied Gas Products);
c. The ‘Order on A Druggist’ form duly completed;
d. A copy of the Contract of Employment made between the crew members and the owners.
e. Names of ratings forming part of a navigational or engine room watches as shown in the List of Ratings.
The
f. “List of Ratings” form (for (for foreign going ship only) is to be kept on board;
g. A copy each of the ship’s Safety Radio and Safety Equipment Certificate with the sea areas i.e. A1, A2 and
showing the number of crew the vessel is allowed to carry.
OLB Entry
●The Master also enter in the narrative section of OLB a statement to the effect that a new Agreement has
been opened, giving particulars such as date and place of opening the Agreement.
●The Logbook entry must be countersigned by the Chief Officer or any other member of the crew.
Q. PROCEDURES OF CLOSING ARTICLES OF AGREEMENT?
1. Each seaman signs in the "RELEASE" column and the Master to initial in the extreme right-hand column.
2. The adjacent shaded boxes are to be completed.
3. Certificate of Discharge must be given whether the seaman is re-engaged or not.
4. Account of wages to be given upon discharge of a seaman.
5. Master should complete the four boxes at the bottom of front cover of the Agreement.
6. OLB Entry of termination of AOA.
7. Fines imposed on the seaman during the occurrence of the Agreement should be remitted by crossed
cheque made in favour of the "Marine department, port office ".
Q. FORM-U?
1. It is a legible copy of article of agreement.
2. To be made accessible to the ship’s crews.
3. To be posted it on notice board in order to enable the crew to know the main features of article of
agreement.
Following are the contents of form U:
1. Ship’s name / POR / Register Tonnage.
2. No of crew to whom the accommodation is certified.
3. Name of Master and his COC details.
4. Scale of Provision.
5. Regulation for maintaining discipline.
6. Voyage Limit.
7. Short summary of employment of under aged person.
Q. FINE FOR NON-COMPLIANCE?
[Link] exceeding S$ 100.
Q. FRE-13
1. Notice of draft and freeboard.
2. To be displayed in conspicuous place before sailing.
3. Contains particulars of load line, sailing draft and freeboard.
Q. WHAT ARE THE PROCEDURES OF CLOSING AOA?
●Each seaman sign in the release column and master’s initial to the extreme right-hand column,
●The adjacent shaded boxes are to be completed,
●Certificate of discharge must be given whether the seaman is re-engaged or not
●Account of wages to be given upon discharge of a seaman
●Master should complete the four boxes at the bottom of the front cover of the agreement
●OLB entry of termination of AOA

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Q. ACTION IN CASE OF VOYAGE BEYOND TERMS & CONDITION OF AOA?
Preparation regarding legal/documentation part:
[Link] vessel’s condition, class and insurance coverage whether it permit for the voyage or not
2. Inform port office / Class.
3. Study additional clauses & collective agreement.
4. Consult with union if necessary.
5. Make a separate memorandum for crew to sign to proceed to voyage.
6. Master to use tact to convince the crew.
7. Any exemption required from class / Port office.
8. Ensure vessel is permitted to proceed on voyage without violating insurance warranty.
9. OLB entry about owners’ instruction / approval.
10. Careful study of voyage order & proper planning of voyage.
11. Owner to seek approval from Port office / Class / under writers.
Q. INCOMPETENCY SEAMAN ON DRUGS AT SEA – WHAT IS YOUR ACTION?
●Investigate if he is an addict.
●Search for possibility of large quantity onboard or other crews involved.
●Take Urine/blood sample for testing.
●Communicate with owner.
●If seaman proved addict repatriate him and request Police.
●OLB entries to be sent to Owners and Port office.
Q. GENERAL DISCIPLINARY OFFENCES IN RESPECT TO MSO? ACTION OF MASTER?
General Disciplinary Offences:
A. Striking or assaulting any person on board or belonging to the ship.
B. Bringing or having onboard intoxication liquors.
C. Drunkenness.
D. Taking onboard and keeping possession of any fire-arm, knuckle-duster, loaded cane, slung shot, sword-
stick, bowie-knife, dagger or any other offensive weapon or offensive instrument without the concurrence of
the Master, for every day during which a seaman retains such weapon or instrument.
E. Insolence and contemptuous language or behaviour to the Master or any officer, or disobedience of any
lawful command.
F. Absence without leave for each day on which such absence occurs.
Each of the above offences shall be punished by a fine equal to one day’s pay, for the first occasion and two
day’s pay for the second and any subsequent occasion.
Actions by Master
Deal with disciplinary offences within 24hrs from the time it comes to notice, if any delay record in OLB.
Q. CREW COMPLAINT ABOUT WATER? (MSO 1952)
Complaint against food and water:
1.A. 3 or more seamen can complain about food and water. They can complain if they consider the provision
of food and water
●are of bad quality,
●unfit for use,
●deficient in quality.
●they may complain to the master.
B. Master shall investigate the complaint.
C. If the seamen are dissatisfied with the action taken by the master or he fails to take any action, they may
state their dissatisfaction to him and may complain to any port officer or port health officer.
D. The officer may either examine the provisions or water complained of or cause them to be examined.
2. If, the officer or person making the examination, finds that the provisions or water are of bad quality and
unfit for use, or deficient in quantity, he shall signify it in writing to the master of the ship.
3. If the master of the ship does not thereupon provide other proper provisions or water in lieu of any
signified to be of bad quality and unfit for use or does not procure the requisite quantity of any provisions or
water so signified to be of bad quality and unfit for use, he shall be liable for each offence to a fine not
exceeding three hundred ringgits.

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4. The officer directing, or the person making the examination shall entre a statement of the result of the
examination in the official logbook and send a report there of to the port officer, and that report shall be
admissible in evidence in any legal proceedings.
[Link] the said officer certifies in that statement that there was no reasonable ground for the complaint, each
of the complainants shall be liable to forfeit to the owner out of his wages a sum not exceeding one week’s
wages.
Q. OTHER COMPLAINTS? ACTION BY MASTER?
●A seaman may complain to master:
●Against master
●Any seaman
●About the conditions onboard.
●Inadequate provision / water.
●Unsafe ship
●Overloaded ship
Actions by master:
●Note down the complaints in official logbook.
●Make statement of fact of each crew members with their signature.
●Elect a committee, members consisting of a crew from each department.
●Investigate all the allegations with the committee members.
●Make known the outcome of the investigation via an emergency gathering meeting.
●Rectify the problems as soon as possible, giving the completion date for the next follow up.
●Keep notes of all the proceedings, investigations, with proofs and photographs.
●Inform the office about the outcome.
●If the crews are not satisfied with the actions taken, inform the office.
●If the crews want to complain to the director, inform office and arrange so in the next suitable opportunity.
Q. FACILITIES FOR MAKING COMPLAINT?
[Link] a seaman or apprentice whilst onboard ship states to the master of the ship his desire to make a
complaint to a port officer or to a Magistrate’s Court against the master or any of the crew, the master shall,
so soon as the service of the ship will permit-
A) if the ship is then at a place where there is a port officer or Magistrate’s court as aforesaid, after such
statement; and
B) if the ship is not then at such a place, after her first arrival at such a place:
●Allow the complainant to go ashore or send him ashore in proper custody, so that he may be enabled to
make his complaint.
[Link] master of a ship who fails without reasonable cause to comply with this section shall be liable for each
offence to a fine not exceeding one hundred ringgits.
Q. WHAT ARE THE GENERAL OFFENCE AGAINST DISCIPLINE – MERCHANT SHIPPING ACT 1952?
OR
Q. WHAT ARE THE GENERAL OFFENCES AGAINST DISCIPLINE FOR WHICH A SEAMAN MAY BE PENALIZED IN
ACCORDANCE WITH MERCHANT SHIPPING ACT 1952? WHAT ARE THE OFFICIAL LOGBOOK ENTRIES
REQUIREMENTS WITH REGARDS TO SUCH OFFENCES?
Offences against discipline
Any seaman lawfully engaged, or any apprentice to the sea service, who commits any of the following
offences (in this ordinance referred to as ‘offences against discipline), shall be liable to be punished
summarily as follows [183]:
[Link] he quits the ship without leave after her arrival at her port of delivery, and before she is placed in
security, he shall be liable to forfeit out of his wages a sum not exceeding one month’s pay
[Link] he is guilty of willful disobedience to any lawful command, he shall be liable to imprisonment for a term
not exceeding four weeks, and also, at the discretion of the court, to forfeit out of his wages a sum not
exceeding two days’ pay.
[Link] he is guilty of continued willful disobedience to lawful commands or continued willful neglect of duty, he
shall be liable to imprisonment for a term not exceeding twelve weeks, and also, at the discretion of the

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court, to forfeit for every twenty-four hours continuance of disobedience or neglect either a sum not
exceeding six days pay or any expenses properly in hiring a substitute.
[Link] he assaults the master or any other certified officer of the ship, he shall be liable to imprisonment for a
term not exceeding twelve weeks.
[Link] he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the
navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for a term not
exceeding twelve weeks.
[Link] he will fully damage his ship, or misappropriates or commits criminal breach of trust in respect of, or
willful damages, any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the
loss thereby sustained, and also, at the discretion of the court, to imprisonment for a term not exceeding
twelve weeks.
[Link] he is convicted of an offence whereby loss or damage is occasioned to the master or owner of the ship,
he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage; and the
whole or a proportionate part of his wages may be retained in satisfaction or on account of liability, without
prejudice to any further remedy.
Any master seaman or apprentice belonging to a Malaysian ship, who by willful breach of duty or by neglect
of duty or by reason of drunkenness [177]-
●Does any act tending to the immediate loss, destruction or serious damage of the ship, or tending
immediately to endanger the life or limb of a person belonging to or on-board ship; or
●Refuse or omits to do any lawful act proper and requisite to be done by him for preserving the ship from
immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the
ship from immediate danger to life or limb;
Shall be liable for each offence to a fine not exceeding one thousand ringgit or to imprisonment for a term
not exceeding two years
Any seaman lawfully engaged, or any apprentice to the sea service, who commits any of the following
offence shall be liable to be punished as follows-
●If he deserts from his ship, he shall be guilty of the offence of desertion and be liable to forfeit as per the
ordinance, also he shall be liable to imprisonment for a term not exceeding twelve weeks
●If he neglects or refuse without reasonable cause to join his ship , or to proceed to sea in his ship, or is
absent without leave at any time within twenty-four hours of the ship’s sailing from a port, either at the
commencement or during the progress of a voyages, or is absent at any time without leave and without
sufficient reason , from his ship or from his duty, he shall if the offence does not amount to desertion , or is
not treated as such by the master, be guilty of the offence of absence without leave, and be liable to forfeit
out of his wages a sum not exceeding two days pay, and in edition for every twenty four hours of absence ,
either a sum not exceeding six days pay, or any expenses properly incurred in hiring a substitute; and also he
shall be liable to imprisonment for a term not exceeding ten weeks.
*If a seaman or apprentice is convicted of an offence of smuggling any goods which may cause any loss or
damage to Master or owner.
*If a seaman is convicted of an offence of Smuggling of drugs.]
In case of any of the above offences committed by a seaman:
[Link] entry to the above shall be made in the official log book and be signed by the master, mate and one of
the crew.
2.A copy of the entry shall be given to the offender and it shall also be read out and explained to him. If the
offender makes any reply, it shall also be entered in the official logbook and signed as above. A statement
that a copy has been furnished and the entry has been read out to the offender shall also be entered in the
official logbook & be signed by the master, mate and a member of the crew. Any court hearing proceedings
of a case of offence against the offender may dismiss the case if the above entries in the official logbook or
proof thereof, are not produced.
If offence is smuggling goods, crew shall be liable to pay the sum sufficient to reimburse the loss or damage
and the whole or a part of his wages may be retained.
If a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other narcotic drug
or narcotic, the Director-General may direct that the seaman’s certificate of discharge or continuous

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certificate of discharge shall be cancelled or shall be suspended for such period as may be specified in the
direction.
Q. DESCRIBE THE PROCEDURE OF CONDUCTING AN INVESTIGATION INTO A MARINE CASUALTY AS PER THE
PROVISIONS OF INDIAN MERCHANT SHIPPING ACT.
As per Merchant Shipping Act:
[Link] the purpose of investigations and inquiries under this part, a shipping casualty shall deem to occur
when:
●on or near the coasts of Malaysia, any ship is lost, abandoned, stranded or materially damaged:
●on or near the coasts of Malaysia, any ship causes loss or material damage to any other ship:
●any loss of life ensues by reason of any casualty happening to or onboard any ship on or near the coasts of
Malaysia;
●In any place, any such loss, abandonment, stranding, material damage or casualty as above mentioned
occurs to or on board any Malaysian ship, and any competent witness thereof is found in Malaysia.
●any Malaysian ship is lost or is supposed to have been lost, and any evidence is obtainable in India as to the
circumstances under which she proceeded to sea or was last heard of.
*Q. WHAT IS PORT OF REGISTRY? WHO SAID TO MAINTAIN POR?
POR: The port at which a Malaysian ship is registered for the time being shall be deemed to be the port of
registry and the port to which the ship belongs.
*Q. WHAT IS A SHIP REGISTRY OR SHIP REGISTER?
A ship register or ship registry gives a ship a nationality, a flag, an identity. This nationality or port of
registration is shown on the stern of a ship.
In this example, the marking on the stern tells the world that the ship called CAPE ORCHID has been
registered in Port Elizabeth in South Africa (you can see the South African flag) and is identifiable by IMO
Number 9238571.
Q. WHY SHIPS MUST BE REGISTERED?
There are two main reasons why a ship should be registered. Firstly, it is to establish the identity of the ship
owner as well as proof of Flag State and registration state of a ship. Registration also allows recording /
registering of information related to mortgages where the ship is pledged as security. Registered ships can
claim privileges and sovereign protection from the Flag State where the ship is registered.
Q. WHICH SHIPS NEED TO BE REGISTERED?
Any ship over 100 GT irrespective of whether it is a cargo vessel, fishing vessel, passenger vessel etc, has to
be registered.
This registration grants the ship physical and legal protection of that flag/flag state which may be applied to
vital areas such as safety of cargo and life of those on board the ship.
But ships need not necessarily be registered under a country’s own flag, for example a British ship need not
be registered mandatorily under the British Flag or UK Ships register. It may be registered with registries
other than the British Registry.
Q. MUST ALL SHIPS BE REGISTERED?
There are three categories of ships that are exempted from registration, namely:
[Link] that do not exceed 15 net tonnage
[Link] boats
[Link] fishing vessel of 500 GT and below operating within Malaysian waters
Q. TYPES OF SHIP REGISTRATION?
There are various types of ship registration
Traditional: Traditional registers are ship registers that are administered by an individual country as a
national registry for the registration of their own ships flying their own flag, owned, operated and manned by
nationals of that country.
In a traditional registry the owner of the ship should necessarily be from the country of registration and the
place of business should be in the country of registration.
This registration and linking to a national registry also mean that these ships may be requisitioned at time of
war for the transportation of goods and people in the service of the nation.

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Open: Open registers are ship registers that allow ship owners of other nationalities to flag and operate ships
under their flag.
FOC: Flag of convenience is a type of open registry but slightly different in that FOCs may also offer some
additional features such as an attractive fiscal regime, substantially lower administrative fees, more
accessibility to the registry, flexible to lose maritime safety policies and lower costs for the ship owners.
FOC is a pejorative term used for an open registry and an FOC usually has no genuine link between the state
and the ships that are flagged under that state.
For example, the ship is not owned by anyone from that country of registration, the ship is not operated by
anyone from that country and the country of registration has no crew members or any other kind of
administrative, technical or social connection with that ship.
Because of this, organisations like the ITF (International Transport Workers Federation) find it difficult for
unions, industry stakeholders and the public to hold ship owners to account as they may not follow the
various regulations set.
Second National Register: These registries were set up as a kind of counter measure by countries which have
a national registry but were losing out their ships to other countries with open registries or FOCs.
Second National registers exist parallelly with the national register but offer substantially less operating cost
for the ship owners while trying to combine the formal image of the traditional or national register
Offshore registers are slightly different to the Second National Register and these are operated by
autonomous regions of a particular country or countries considered as an overseas territory of a particular
country.
Similar to Second National Register, ships registered under the Off-Shore registers may enjoy the protection
of the home nation, but they may be more cost-effective.
Q. WHY SHOULD I REGISTER MY SHIP AND WHAT ARE THE BENEFITS OF SHIP REGISTRATION?
Well firstly, without being registered with any of the above-mentioned registers, a ship cannot trade
commercially.
Apart from this commercial benefit or requirement, different ship owners register their ships with different
registers for preferential treatments on tax (tonnage tax), certification and security.
Tonnage tax is a special tax regime for shipping companies under which a notional profit is calculated based
on the number and size of ships operated and on which a standard corporate income tax rate is applied.
Under a tonnage tax regime, the tonnage rate used for the notional profit calculation is set in such a way
that the profit and consequently the actual corporate tax paid is minimal.
While for the last few decades FOC registers have been offering lower tax and wage rates and also a not so
strict registration requirements, through adopting tonnage tax regimes traditional shipping nations are
hitting back by offering more attractive financial and regulatory environments.
Only ships sailing under a national flag may be registered for tonnage tax and the ship operator needs to be a
resident corporate body liable to tax regimes and the corporate body should necessarily be present in the
country of registration thereby creating the much needed “genuine link” between the flag state and the ship.
Q. CONDITIONS & REQUIREMENTS TO REGISTER?
Each country of registration (also called Flag State) have their own conditions and requirements for allowing
a ship to be registered under their nationality and allowing the ship to fly their flag.
As an example, you can read the eligibility criteria to join the UK Ship Register here and also
the requirements to register a Merchant Vessel with the UK Ships Register..
Some registers like the Panama ships register may allow provisional registration valid for a 6-month period
after which the required documents like the bill of sale or the ship builder’s certificate (for new vessels) must
be submitted to the Registry office for permanent registration.
A ship is allowed to sail only under one flag and may not change its flag during transit or while at a port
unless there has been a real transfer of ownership or change of ship registry.
The flag state also has its own duties to follow and is expected to effectively exercise its jurisdiction and
control in administrative, technical and social matters over ships flying its flag.
These duties include:
●Maintaining a register of ships containing the names and particulars of ships flying its flag
●Assuming and exercising jurisdiction over each ship flying its flag, its crew including master and officers, any
and all other matters concerning the administrative, technical and social matters of the ship.

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●Ensuring that there are set processes in terms of the safety at sea of all its ships in relation to
●The construction, navigational and handling equipment on board and seaworthiness of ships;
●The manning of ships, working conditions of the crew, crew training, following all legal and international
instruments applicable;
●The understanding and correct use of international code of signals, effective maintenance of
communications and the prevention of collisions
●Safety surveys by qualified ship surveyors at prescribed intervals
●Presence of appropriate and required navigational charts, nautical publications, navigational equipment
and instruments for the safe navigation of the ship;
●The employment of appropriately qualified crew including master and officers who are fully conversant
with all applicable international regulations concerning SOLAS, COLREGs, MARPOL, Radio
Communications etc
Some countries may also implement certain acts that may be seen as “protectionist” such as the Jones Act of
United States of America which are directly related to ship registration.
The Jones Act which was passed in 1920 was meant to promote shipping by US owned and operated vessels.
As per this act all goods loaded and delivered in the USA (coastal trade) must be shipped only on US built and
US flagged ships crewed with a minimum of 75% US crew.
This act is seen as protectionist by many and has given rise to controversy especially in the wake
of Hurricanes Harvey and Irma and the supply of essential items to Puerto Rico and many people including a
few prominent US citizens have been calling for the repeal of the Jones Act..
Q. WHAT IS AN IMO NUMBER?
In 1987, International Maritime Organisation (IMO) adopted resolution A.600(15) which became mandatory
on 1st January 1996.
Under this resolution, each ship was assigned a permanent number (like a passport or ID document for
people) for identification purposes.
Irrespective of which flag the ship flies or trades under, this IMO number would remain unchanged and
would be reflected on all the documents, certificates relating to the ship and will never be reassigned to
another ship.
As per SOLAS regulation XI-1/3, all ships are required to show this IMO number on a permanent basis,
marked in a visible place either on the ship’s hull or superstructure.
This unique number with the prefix IMO followed by a 7-digit number is assigned to the ship upon
construction and is currently administered by IHS Maritime.
Any self-propelled, sea-going merchant ships of 100 GT (Gross Ton) and above upon keel laying needs to
have the IMO number. Below types are excluded:
●Ships without mechanical means of propulsion
●Pleasure yachts
●Ships engaged on special service (e.g. Lightships, SAR vessels)
●Hopper barges
●Hydrofoils, air cushion vehicles
●Floating docks and structures classified in a similar manner
●Ships of war and troopships
●Wooden ships
Q. DIFFERENCE BETWEEN IMO NO AND OFFICIAL NO?
Upon registration, the ship will be assigned an Official Number by the register that the ship is registered
with. The Official Number is different from the IMO number above in that, if the ship changes its port of
registration, then there will be a different Official Number whereas the IMO number stays the same.
Freedom is the guiding principle of the law of the sea and as per these principles,
●A ship of any nation can navigate the oceans freely;
●The ship’s national state has exclusive dominion over the ship; and
●No other nation can exercise dominion over that ship.
Q. CONVENTIONS APPROVED BY MARDEP?
IMO Convention adopted by Malaysia
All ships registered under state flag shall comply with the relevant conventions provided below:

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●International Convention for the Safety of Life at Sea (SOLAS) 1974 or as amended
●International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78, annex I, II and V
●International Convention on Tonnage Measurement of Ships, 1969
●International Regulations for Preventing Collision at Sea (COLREGS), 1972
●International Convention on Load Lines, 1966 or as amended
●International Convention on Civil Liability for Oil Pollution Damage (CLC) 1969, Protocol of 1992
Q. HOW MANY IMO CONVENTIONS? HOW MANY MALAYSIA RECOZNIZE?
●18 (MAJOR)
●6
Q. WHAT IS MALAYSIAN SHIP REGISTY?
Malaysia has two types of vessels registration, namely:
[Link] registration; and
[Link] registration (MISR)
The ship registry is administered by the Marine Department of Malaysia by 5 ports of registry as follows:
i. Port Klang;
ii. Pulau Pinang;
iii. Kota Kinabalu;
iv. Kuching; dan
v. Labuan (MISR).
The flag/registry
Malaysia operates a Dual Registry system, namely: (i) a closed domestic registry with its domestic ports –
principally Port Klang and Penang – for the Traditional Ship Registry (“TSR”); and (ii) an open/international
registry at the port of Labuan for the Malaysian International Ship Registry (“MISR”).
The Malaysian authorities do not want its MISR to be viewed as a flag of convenience and, accordingly, have
taken measures to curtail such a view.
A cabotage policy is in operation and acts to reserve "domestic shipping"2 to the country’s own flagged
vessels and a domestic shipping licence is required to engage in domestic trade unless an exemption applies.
In order to be eligible for a domestic shipping licence, the ship-owning entity must be at least 51% owned by
Malaysians, the board of directors and the workforce must also have no less than 30% “Bumiputra”
representation, and at least 75% of the crew on board must be Malaysians. We understand that it is possible
to obtain a temporary or conditional domestic shipping licence if the above conditions are not satisfied, but
these will be for a shorter duration of up to three months (for a temporary licence) and up to one
year (for a conditional licence). It is worth noting that Malaysia does not allow parallel registration, whether
bareboat charter in or out.
The TSR
Pursuant to Part IIA of the MSO, ownership of a ship registered on the TSR is restricted to:
a) Malaysian citizens; or
b) Malaysian-incorporated corporations where:
(i) the principal office of the corporation is in Malaysia;
(ii) the management of the corporation is carried out mainly in Malaysia;
(iii) the majority (currently 51%) of directors are Malaysian citizens and the
majority of the shareholding of the corporation (including voting shares) are held by Malaysians free from
any trust or obligation in favour of non- Malaysians.
The Domestic Shipping Licensing Board considers applications for a domestic shipping license from foreign
registered ships in cases where no Malaysian registered ships are available to carry particular cargoes for
certain industries.
Applications will typically need to be supported by offering evidence to show that all possible efforts have
been taken to engage a locally registered vessel to meet such transportation requirement. The applicant
usually seeks the endorsement of the Malaysian Shipowners Association (“MASA”) with regard to the non-
availability of appropriate Malaysian-flagged vessels.

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The MISR
The MISR seeks to attract individuals and foreign shipping companies to register ships through Labuan
without the need to comply with the Malaysian majority shareholding requirement specified above. Ships
registered under MISR will carry a Malaysian flag and are considered as Malaysian ships.
Specific requirements for registering a ship or vessel under the MISR can be found in Part IIC of the MSO. A
non-Malaysian company wishing to register a vessel under the MISR will typically form a Labuan company as
a vehicle to own a merchant vessel capable of being registered under MISR. The procedure for forming a
Labuan company is straightforward and companies can be formed fairly quickly (the process of applying for
approval takes approximately one month, assuming all documents are in order). The MSO provides that the
relevant ship-owning company with a ship registered on the MISR must fulfil the following conditions:
(i) be incorporated in Malaysia and have its principal and office in Malaysia;
(ii) have at least one shareholder and director; and
(iii) the majority (currently 51%) of the shareholding (including voting shares) are held by non-Malaysians
free from any trust or obligation in favour of non-Malaysians.
However, all vessels registered on the MISR must be managed by a ship manager who is either:
(i) a Malaysian citizen whose permanent residence is in Malaysia; or
(ii) a company incorporated in Malaysia and whose principal place of business is in Malaysia. Ship-owning
entities have to be capitalised up to 10% of the relevant ship value (or of its most valuable ship where there
are more than one), or MYR1m, whichever is higher. It is important to note that Labuan companies wishing
to carry out leasing business (such as charters of Malaysian vessels) must also apply for approval from the
Labuan Financial Services Authority as conducting a leasing business is a regulated activity in Malaysia.
Title, transfer of title and reflagging
A registered Malaysian ship or a share therein may be transferred to a person or company eligible to own a
Malaysian ship. The transfer is affected by way of a prescribed Malaysian Bill of Sale form. It must be
executed by the transferor and the transferee, and witnessed by two witnesses. The transferee is not
entitled to be registered as the owner thereof, until the person authorised to make declarations on
behalf of the corporation has made and signed a declaration of transfer referring to the ship and containing:
(i) a statement of the eligibility of the transferee to own a Malaysian ship, or if the transferee is a
corporation, of such circumstances of the constitution and business thereof as proof it is eligible to own a
Malaysian ship; and
(ii) a declaration to the best of his or her knowledge and belief that no ineligible person or corporation is
entitled as owner to any legal, beneficial or equitable interest in the ship or any share therein. The owner of
a registered Malaysian ship may transfer the ship to a foreign registry if no claims are outstanding against
the ship in Malaysia. This requires the approval of the relevant Malaysian Registrar of Ships, and the
application should be made in writing by the owner to the relevant Malaysian Registrar of Ships. Any
registered mortgages will also have to be discharged prior to the transfer of title and/or reflagging.
Security
The MSO permits a Malaysia-flagged ship (or a share of such ship) to be mortgaged for a loan or other
valuable consideration. The statutory mortgage must be in a prescribed form and needs to be lodged with
the relevant Registrar of Ships. The statutory mortgage is customarily accompanied by an ancillary deed of
covenant.
The usual terms of a deed of covenant would include representations and warranties and undertakings
relating to the operation of the ship and other customary mortgagee protection provisions. Foreign lenders
financing of ships in Malaysia should be mindful of withholding tax issues and must adhere to the provisions
relating to exchange controls in the Financial Services Act 20133 (and the directions issued thereunder)
before extending credit facilities to Malaysian residents. The credit facilities extended may only be in foreign
currency (up to MYR5m). It is worth noting that stamp duty is payable in respect of the mortgage and the
deed of covenant and these documents should be stamped upon execution. The deed of covenant is also
likely to contain a power of attorney, which should be registered with the High Court of Malaysia.
The mortgage and ancillary deed of covenant should also be registered at the Companies Commission of
Malaysia (if the ship owner is a domestic Malaysian company) or the Labuan Financial Services Authority (if
the ship owner is a Labuan registered company), in each case within 30 days after the creation of the
relevant charge.

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TSR
The TSR does not cater for the provisional registration of mortgages and, as such, the ship will first need to
complete and obtain permanent registration of title in order to enable a mortgage to be registered against
the ship. For newbuilding’s, the permanent registration process can take up to two weeks from the date of
delivery of the ship.
MISR
The MISR, however, does cater for the provisional registration of mortgages on ships that have only
provisional registration status. Typically, ships are registered on a provisional basis for a minimum period of
six months, but not more than 12 months.
In the event that a ship has been only provisionally registered, the mortgage will be recorded only upon
presentation of the following documents:
(i) document of title of ownership;
(ii) a letter of confirmation from the previous port of registry that the vessel is free from any encumbrances;
and
(iii) a letter to the previous port of registry from a lawyer’s office acting on behalf of the owner making it
known that the ship has been provisionally registered under a Malaysian flag and indicating that necessary
arrangements will be undertaken to close the ship’s previous registry. Transcripts of the relevant ship (in
Malay) can be provided from both the TSR and the MISR to ascertain if there are any registered mortgages
on that ship.
Q. DECLARATION OF OWNERSHIP ON REGISTRY?
Declaration of ownership on registry:
A declaration of ownership shall be made in the prescribed form of the certificate of the surveyor and
containing the following particulars:
1.A statement whether he is or is not a citizen of Malaysia.
2.A statement of the time when and the place where the ship was built of if the ship is built outside India and
the time and place of building is not known, a statement to that effect; and in addition in the case of a ship
previously registered outside India, a statement of the name by which she was registered;
[Link] name of her master;
[Link] number of shares in the ship in respect of which he or the company (or the co-operative society) as
the case may be, claims to be registered as owner; and
5.A declaration that the particulars stated are true to the best of his knowledge and belief.
Q. CAN YOU REGISTER A FOREIGN FLAG VSL INTO A MALAYSIAN FLAG VSL/ HOW?
Malaysia international ship registry (MISR)
Labuan IBFC’s strategic location enables investors to foster long-lasting business relationships with Asia’s
emerging economies such as China and India. In addition, it lies in close proximity to major shipping routes
and boasts excellent shipping support services and facilities.
The Malaysian International Ship Registry (MISR), introduced to attract individual or foreign shipping
companies to register their ships through Labuan IBFC thereby bypassing the requirements for a Malaysian
majority shareholder, is expected to further enhance the jurisdiction’s shipping operations.
Shipping operations include the transportation of passengers or cargo by sea or the letting or charter of
ships on a voyage or time charter basis.
The Malaysia International Ship Registry (MISR) is a body for the registering of international ships. The MISR
has been established to encourage individuals and foreign shipping companies to register their ships in
Malaysia without having to comply with the requirements of a Malaysian majority shareholder. The MISR
would enable the placing of Malaysia on the international maritime map.
Under the MISR, foreigners are allowed to hold 100 per cent equity in line with the government's effort to
encourage foreign investments in the country. With the registration of international ships, it would help
increase the ship registry’s capacity in handling the country's transportation trade.
Port of Registry
The port of registry for a Malaysian international ship is Labuan.
Ship Owner Eligibility
The Registrar of Ships may register a ship as a Malaysian international ship, if it is owned by a corporation
that satisfies the following requirements:

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[Link] in Malaysia
[Link] office of the corporation is established in Malaysia; and
[Link] majority of the shareholding, including voting shares of the corporation are not held by Malaysian
citizens.
Ship Manager Eligibility
The owner of a ship shall, before applying for a ship to be registered, appoint a ship manager who shall be:
1.A Malaysian citizen having his permanent residence in Malaysia; or
2.A company incorporated in Malaysia and having its principal place of business in Malaysia.
Vessel Age and Survey Requirements
No ship shall be registered under the MISR unless:
[Link] is fitted with mechanical means of propulsion
[Link] is not less than 1,600 gross tonnage; and
[Link] age of the ship is not more than 15 years if it is a tanker or a bulk carrier, or not more than 20 years if it
is of a type other than a tanker or a bulk carrier.
Surveys are conducted by ship surveyors working under the direction of the Surveyor-General who may also
authorise classification societies on his behalf.
Authorised Classification Society
The following are the recognised classification societies for the MISR:
[Link] Bureau of Shipping
[Link] Veritas
[Link] Norske Veritas
[Link] Lloyd
[Link]'s Register of Shipping
[Link] Kaiji Kyokai.
Application for Vessel Name
An application must be submitted in writing to the Registrar of Ships to receive approval of the vessel's
name:
[Link] name for a Malaysian vessel must be approved by the Registrar of Ships. Owners should apply
for the vessel's name at least 14 weeks in advance before the date at which the vessel is supposed to be
registered.
[Link] (3) names can be submitted for approval. An approved name is valid for a period of twelve months.
[Link] “Application for Name of Ship” (MISR/BKI/01/05) is to be used.
The following relevant documents are also required to be submitted at this stage:
●Form “Appointment/Cancellation of an Authorised Officer” (MISR/BKI/03/05)
●Form “Application for Reserve Prefix/Suffix Name of Ship” (MISR/BKI/02/05)
Provisional Registration Process
Vessels are generally first registered on a provisional basis by the Registrar of Ships or a Malaysian diplomatic
or consular officer. The following documents must be presented for provisional registration of the vessel:
[Link]
●Application to Register a Ship (MISR/BKI/05/05)
●Application for Allotment of an International Call Sign (MISR/BKI/07/05)
●Declaration of Ownership and Nationality (MISR/BKI/06/05)
●Appointment / Cancellation / Change of Ship Manager (MISR/BKI/04/05).
●Certificates
●Certificate of Approved Name
●Provisional Certificate of Survey (COS) issued by the Malaysian Ship Surveyor.
[Link] declaration of ownership containing the following details:
●Name of the ship and its existing tonnage
●Statement of the date and place the vessel was built, or if the date and place of building are not known, a
statement that the declarant does not know the date and place of the building of the ship
●Statement as to the owner of the ship and the citizenship of such owner, and if the vessel is owned by
more than one person, the number of shares each is entitled
●Statement of the name of the master of the vessel and his citizenship

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●Statement that no other person (other than those declared) is entitled as owner of any legal or beneficial
interest in the ship or any share thereof
●Except where the operator and the owner of the ship are the same person, the name and citizenship of the
operator of the ship, and
●Declaration that the particulars stated in the form are true to the best of his knowledge and belief.
[Link] an individual – a photocopy of citizenship certificate.
[Link] a corporation:
●Certified true copy of Memorandum and Articles of Association and Certificate of Incorporation
●Certification under common seal that the majority shareholding including voting shares of the corporation
are not held by Malaysian citizens; and
●Authority Form appointing the public officer authorised to make a declaration on behalf of the owner.
[Link] applicable during this stage, certification from the Customs Department that import duty has been paid.
Upon due acceptance of the above documents by the MISR, the Registrar of Ships will allocate an Official
Number to the vessel. Registration may be as soon as seven (7) working days for issuance of a Provisional
Certificate of Registry subject to the submission of complete documentation. The Provisional Certificate of
Registry is valid for a maximum period of one year from the date of its issue.
Permanent Registration Process
Vessels are generally first registered on a provisional basis by the Registrar of Ships or a Malaysian diplomatic
or consular officer. The following documents must be presented for provisional registration of the vessel:
[Link] letter
[Link]'s Certificate or Deletion Certificate
[Link] Bill of Sale duly authenticated
[Link] Ships Carving and Marking Note
[Link] Certificate of Survey (COS) issued by the Malaysian Ship Surveyor; and
[Link] applicable, certification from the Customs Department that import duty has been paid.
Full registration may be as soon as seven (7) working days for the issuance of a Permanent Certificate of
Registry subject to the submission of complete documentation.
Fee Schedule: Registration and Annual Tonnage Fees
The schedule of fees are as follows:
Initial Registration
●Vessels up to 50 tons gross – RM10.00
●Vessels over 50 to 100 tons – RM15.00
●Vessels over 100 to 200 tons – RM20.00
●with RM5.00 for every additional 100 tons or fraction of 100.
Annual Tonnage Fees
An annual tonnage fee of RM0.30 per gross tonnage shall be paid by the owner of a ship at the time of the
initial registration or renewal of registration of the ship and thereafter annually on or before the anniversary
date of the initial registration or renewal of registration, as the case may be.
Fee for the Issuance of a Certificate of Survey
[Link] following fees are charged for the issuance of a Certificate of Survey:
●Issuance of a Certificate of Survey and amendment – RM100.00
●Inspection of the carving and marking – RM30.00
●Any other charges incurred directly by the ship surveyor on inspection of the vessel including RM230 per
day or part of the day if the inspection is conducted outside Malaysia or Singapore.
[Link] fees charged are as per The Merchant Shipping (Surveyors of Ships and Radio Surveyors) (Fees) Rules
in force.
List of Ship Registration Forms
[Link] to Register a Ship (MISR/BKI/05/05)
[Link] for Name of Ship (MISR/BKI/01/05)
[Link] for Reserve Prefix/Suffix Name of Ship (MISR/BKI/02/05)
[Link] of Ownership and Nationality (MISR/BKI/06/05)
[Link]/Cancellation of An Authorised Officer (MISR/BKI/03/05)
[Link] for Allotment of An International Call Sign (MISR/BKI/07/05)

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[Link]/Cancellation/Change of Ship Manager (MISR/BKI/04/05)
Governing Legislation
●Labuan Business Activity Tax Act 1990
Q. DOCUMENTS TO BE RETAINED BY REGISTRAR?
[Link] surveyor’s certificate;
[Link] builder’s certificate;
[Link] bill of sale by which the ship was previously sold;
4.A copy of the condemnation certificate (if any); and
[Link] declarations of ownership;
*Q. HOW MANY PPL/SHARES CAN OWN A VESSEL?
The property in the ship must be divided into 64 [Link] more than 64 individuals may be registered at any
one time as owners of a ship.
Q. WHAT ARE THE MASTER’S RESPONSIBILITIES AS PER MSA IN CASE OF A COLLISION WITH ANOTHER SHIP?
As per MSA 1958, section 348: Duty of master of ship to assist in case of collision –
In every case of collision between two ships it shall be the duty of the master or person in charge of each
ship, if and so far, as he can do so without danger to his own ship, crew and passengers, if any
[Link] tender to the other ship, her master, crew and passengers, if any, such assistance as may be practicable
and may be necessary to save them from any danger caused by the collision and to stay by the collision and
to stay by the other ship he has ascertained that she has no need of further assistance and
[Link] give to the masters or persons in change of the other ships the name of his own ship and of the port to
which she belongs and also the names of the ports from she comes and to which she is bound.
Q. WHAT IS THE MASTER’S ROLE IN COLLECTING EVIDENCE IN THIS? HOW WILL HE GET ABOUT IT?
As per MSA 1958, section350 – report to Central Government of accidents to ships :- When a ship has
sustained or caused any accident occasioning loss of life or any serious injury of any person or has received
any material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any
part of her machinery as not to correspond with the particulars contained in any of the certificates issued
under this Act in respect of the ship, the owner or master shall, within twenty-four hours after the
happening of the accident of damage or as soon thereafter as possible, transmit to the Central Government
or the nearest Principle Officer a report of the accident or damage and or the probable cause thereof stating
the name of the ship, her official number, if any, her port of registry and the place where she is.
Q. DISCIPLINARY GUDELINES AS PER MSO1952.
Disciplinary Guidelines
13.1 Introduction
Listed below are the Company’s guidelines on some important disciplinary guidelines for shipboard
personnel. The list is not exhaustive. Flag State and any CA requirements in excess of those stated must also
be followed.
13.2 Physical Violence
Strict disciplinary action will be taken against any crew member involved in inflicting or attempting to inflict
physical harm to another individual, whilst employed by the Company.
13.3 Disobedience
It is the duty of every crew member to obey official orders given to them by their superiors. The safe and
efficient operation of a ship depends on the prompt and accurate execution of orders. The master or Head
of Department is empowered to initiate disciplinary proceedings against disobedient staff.
13.4 Wilful Damage/Misuse of Ship’s Property
Any crew found indulging in such activity should be subjected to strict disciplinary action that could lead to
dismissal. Additionally, the Company shall recover the cost of such damage from the guilty party.
13.5 Shore Leave
a) Sufficient crew shall be retained on board at all times for the safety of the ship and for contingencies. The
master will decide on the required number.
b) Heads of Department (HODs) will inform the master of the intention to be absent from the ship and
receive his approval.
c) Other Officers and crew are to inform their respective HOD and obtain approval.

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d) A Notice Board stating the time of expiry of shore leave and the ship's ETD shall be displayed at the ship's
gangway or main entrance from shore at all times.
e) Each HOD shall report any absentees to the master as soon as shore leave expires.
f) The master and chief officer shall not be away from the ship at the same time. The same applies for the
chief engineer and the second engineer
13.6 Local Port Regulations
Any movement restrictions prohibitory notices or cautions enforced by port or local authorities shall be
complied with by all on board. Penalties imposed due to violations of such requirements shall be charged to
the individuals concerned and the master may initiate disciplinary action against them.
3.9 Smuggling, Trading, etc
a). No person on board shall engage in carriage of merchandise for their individual interests.
b) It will be treated as smuggling and is punishable by law.
c) Any person discovered smuggling would be personally liable for any charge/penalty or fine levied on the
ship and such attempts might result in dismissal from service.
d) No goods or merchandise are to be received on board unless it is manifested in a regular manner.
e) No employee of the Manager is to engage in a supplementary line of work, either aboard ship or in a port
where such activity is possible, while signed on.
14 Disciplinary Hearings
a) Main Causes
The following actions constitute grounds for disciplinary hearings and possible dismissal or other punitive
measures:
1. Breach of safety and environment regulations
2. Physical violence
3. Wilful damage / misuse of ship’s property
4. Insubordination
5. Disobedience
6. Violation of Drug and Alcohol Policy
7. Proven incompetence and / or serious professional negligence
8. Acceptance of unaccounted commission, gratuities or compensation from any party
9. Involvement in the illegal sale of ships' property/bonded stock.
10. Possession, usage or trafficking of illicit drugs at any time whilst serving with the Company.
11. Inability to re-join the ship within the time specified for expiry of shore leave, resulting in the staff
missing a ship or causing ship delay without good reason.
b) Procedure
It is of utmost importance that proper procedure as laid down below is followed when disciplining ship’s
staff. The Master shall also be guided by the applicable section of the CA and/or Flag State regulations for
disciplinary hearings and action. Master shall prior to any dismissal case, seek advices and office
concurrence.
c) Composition of Disciplinary Committee
For all hearings, the master shall preside over the committee as its chairman. If offender is an officer, the
committee shall comprise of the Master, who shall then appoint as members, the chief engineer (if possible)
and one officer, preferably from a department other than that of the officer under review.
For the hearing of any other person, the master shall preside and appoint as members of the committee, the
chief engineer, one officer and an elected representative from the ship’s staff (preferably from the same
department as the offender). If the offender is the master, the Chief Officer must take charge and inform the
office.
d) Committee Proceedings
Some of the matters that need to be conducted during committee proceedings are:
1. Enter the charge in the official logbook.
2. Master to read the charge to the offender, and record that it has been read. Offender shall then be asked
whether he admits to the charge or not and his reply shall be recorded.

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3. The evidence of any witness called by the master shall be heard in the presence of the offender, who shall
be given reasonable opportunity to question the witness on his evidence.
4. The offender shall be given an opportunity to make a statement in answer to the charge, including any
comments on the evidence produced against him. Particulars of the statement (or a record that the seaman
declined to make a statement) shall be entered in the logbook by the master.
5. The offender shall be permitted to call witnesses on his behalf and such witness may be questioned by the
master or the committee members, on his evidence.
6. The Master shall, as soon as possible, give his decision in the presence of the staff as to whether he finds
the offender has committed the offence as charged and:
●If not guilty of the offence, close the matter.
●If guilty, he shall after give regard to any compelling circumstances brought to his notice, either gives him a
stern warning, impose punitive measures or terminate his employment.
e) Record Keeping
After the proceedings had been conducted, Master must ensure that a proper record keeping must be
conducted. Below are the several guidelines in order to assist the master in conducting his record keepings:
1. The Master shall record his decision in the official logbook and the entry shall be verified by the
committee members.
2. The Master shall give the staff copies of all entries in the official log book referring to the offence.
3. However, where Flag State demands a special official log to be maintained, such entries shall be made in
this “official’ log.
4. In case of dismissal (rating or officer) copies of log entries should be made and sent to the crewing
department and the Company as soon as possible.
5. A proper, written account of wages shall be given to the dismissed employee, which shall state any
deductions for airfares and handling charges. Such deductions shall also be shown in the logbook.
6. If he refuses to sign the account of wages, an entry is to be made in the logbook recording his refusal to
sign and his reasons for refusal (if any)
Q. WHAT IS SHIP COLLISION?
Ship collision is the name given to the physical impact that occurs between two ships resulting in a damaging
accident. This particular collision can also occur between a ship and a stable or a floating structure like an
offshore drilling platform or an ice berg or even a port.
In majority of such cases the impact is devastating to say the least. The damage that such an accident causes
cannot just be measured in terms of costing or money; in fact, it goes beyond that. With the increase in the
traffic on the high seas and the technological advancements in the marine engineering resulting in the
development of heavy and huge ships with great speed, the risk of such accidents has increased a lot.
When a ship collision occurs, it has immeasurable consequences. Firstly, the loss of life is always an
irreparable damage and something that can never be compensated for. Unfortunately, the possibilities of
loss of life in such cases are very high. Secondly, the environmental impact is very negative especially if any
one of the vessels in the collision happens to carry any chemicals or any other harmful material that could be
dangerous for marine life.
An oil tanker is a very good example of this and the world has seen many accidents involving a tanker. The oil
spills not only create a biological crisis but also remains damaging for a very long time thereby resulting in
financial losses to the tune of millions of dollars. In such cases the communities residing in the coastal area
near the site of the ship collision suffer the most.
The next big sufferers are obviously the owners of the ships or those who had some financial stakes in the
two or any one of the vessels. Although there are laws that govern the calculation of the damage and the
subsequent penalty, in any case the loss plus the financial penalty if any is a huge setback to the owners. And
finally, the damage to the infrastructure is also something that has to be taken into consideration.
Although in terms of the overall impact it is considered to be the least important at that point of time but a
little later when the dust settles on the issue, the true extent of the loss is calculated and the infrastructure is
in no way any less, especially if the ship collision occurred at any stable structure like the harbor or the
offshore platforms etc.

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Reasons for ship collisions at sea
The causes of any ship collision are numbered. It could occur due to a blatant human error, be it an error in
judgment or navigation or both. In fact, in most cases this is the root-cause. In addition to this any technical
malfunction or mechanical failure of the system or machinery like the propulsion unit can also be a genuine
cause. And last but not the least an act of sabotage can also not be ruled out although this has not been the
case in the majority of the cases thus far
Q. WHAT ARE THE MASTER’S RESPONSIBILITIES AS PER MSA IN CASE OF A COLLISION WITH ANOTHER SHIP?
As per MSA 1958, section 348: Duty of master of ship to assist in case of collision –
In every case of collision between two ships it shall be the duty of the master or person in charge of each
ship, if and so far, as he can do so without danger to his own ship, crew and passengers, if any
1)To tender to the other ship, her master, crew and passengers, if any, such assistance as may be practicable
and may be necessary to save them from any danger caused by the collision and to stay by the collision and
to stay by the other ship he has ascertained that she has no need of further assistance and
2)To give to the masters or persons in change of the other ships the name of his own ship and of the port to
which she belongs and also the names of the ports from she comes and to which she is bound.
Q. WHAT IS THE MASTER’S ROLE IN COLLECTING EVIDENCE IN THIS? HOW WILL HE GET ABOUT IT?
As per MSA 1958, section350 – report to Central Government of accidents to ships: -
When a ship has sustained or caused any accident occasioning loss of life or any serious injury of any person
or has received any material damage affecting her seaworthiness or her efficiency either in her hull or is so
altered in any part of her machinery as not to correspond with the particulars contained in any of the
certificates issued under this Act in respect of the ship, the owner or master shall, within twenty-four hours
after the happening of the accident of damage or as soon thereafter as possible, transmit to the Central
Government or the nearest.
Principle Officer a report of the accident or damage and or the probable cause thereof stating
the name of the ship, her official number, if any, her port of registry and the place where she is.
*Q. OFFENCE IN RESPECT OF OFFICIAL OF BOOK
*Q. HOW DO YOU DETERMINE FOOD IS FRESH AND SUFFICIENT? WHAT IS MINIMUM BALANCE AS PER
MSO?
*Q. MARITIME INSURANCE AS PER MALAYSIA FLAGSTATE APPROVED?

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