Malaysia legislation
Section 18
Section 18
(2)
The civil and criminal jurisdiction of―
(a)
Malaysia in the Joint Development Area shall extend over the area bounded by straight lines joining the following coordinated points:
(A)
N 6° 50'.0
E 102° 21'.2
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(X)
N 7° 35'.0
E 103° 23'.0
(D)
N 7° 22'.0
E 103° 42'.5
(E)
N 7° 20'.0
E 103° 39'.0
(F)
N 7° 03'.0
E 103° 06'.0
(G)
N 6° 53'.0
E 102° 34'.0; and
(b)
the Kingdom of Thailand in the Joint Development Area shall extend over the area bounded by straight lines joining the following coordinated points:
(A)
N 6°
50'.0
E 102°
21'.2
(B)
10'.25
E 102°
29'.0
(C)
49'.0
E 103°
02'.5
(X)
35'.0
E 103°
23'.0
(3)
Nothing in this Act shall in any way affect the sovereign rights of Malaysia over the Joint Development Area, and any waiver of jurisdiction under this section shall have no force and effect beyond the period of validity of the Agreement.
(4)
The consent by Malaysia to the exercise of civil and criminal jurisdiction by the Kingdom of Thailand under paragraph (2)(b) and the continued exercise of jurisdiction over matters relating to customs and excise, and taxation in the Joint Development Area are conditional upon a reciprocal recognition of Malaysia’s rights under paragraph (2)(a).
(5)
Any jurisdiction that may be vested in Malaysia or the
Kingdom of Thailand under this section in respect of the Joint
Development Area shall only be over matters and to the extent provided for in any law relating to the continental shelf and as recognized under international law.
(6)
For the purpose of this section ―
(a)
“civil and criminal jurisdiction” shall not include jurisdiction over matters relating to customs and excise, and taxation;
Malaysia-Thailand Joint Authority 19
(b)
criminal jurisdiction over an offence committed on a platform or an installation which straddles the line dividing jurisdiction and constructed for the purposes of exploration and exploitation of the natural resources of the sea-bed and subsoil in the Joint Development Area is to be assumed exclusively by Malaysia or the Kingdom of
Thailand in accordance with the designation of such platform or installation as Malaysian or Thai;
(c)
the determination of whether a platform or an installation which straddles the line dividing jurisdiction and constructed for the purposes of exploration and exploitation of the natural resources of the sea-bed and subsoil in the Joint Development Area is part of Malaysia or the Kingdom of Thailand in relation to any question that falls to be determined in any civil proceedings or for the purpose of the assumption or exercise of civil jurisdiction by Malaysia or the Kingdom of Thailand shall be in accordance with the designation of such platform or installation as Malaysian or Thai; and
(d)
the designation of a platform or an installation as
Malaysian or Thai under paragraphs (b) and (c) shall be determined according to the principle of most substantial location.