Malaysia legislation

Section 20

of MERCHANT SHIPPING (AMENDMENT) ACT 2017

Section 20

(a)

shall be made to the Registrar in the form as may be determined by the Director of

Marine;

(b)

shall be accompanied by any documents that can certify compliance in relation to—

(i)

the safety standard of the ship;

(ii)

the risk of pollution from the ship; and

(iii)

the safety and welfare of persons engaged on board the ship; and

(c)

shall be accompanied by any document containing the following particulars:

(i)

the name of the ship and its existing tonnages (if known);

(ii)

a statement of the date when and the place where the ship was built, or if the date and place of building are not known, a statement that the owner or bareboat charterer does not know the date and place of the building of the ship;

(iii)

a statement as to the owner of the ship and the citizenship of the owner, and if the ship is owned by more than one person, the number of shares each owner is entitled to;

(iv)

a statement that no other person is entitled as owner to any legal or beneficial interest in the ship or any share of the ship; and

(v)

such other particulars as may be determined by the Director of Marine.

(2)

The applicant shall ensure that steps are taken to comply with the requirements for survey and measurement of ship, ship’s name and marking of ship as stipulated in sections 21, 22 and 23.

Merchant Shipping (Amendment)

(3)

Where an application to register a ship as a

Malaysian ship under the Malaysia International Ship

Register is made by a non-Malaysian citizen or a body corporate incorporated outside Malaysia, the non-Malaysian citizen or body corporate must appoint a representative person who shall be—

(a)

a Malaysian citizen having his permanent residence in Malaysia; or

(b)

a body corporate incorporated in Malaysia and having its principal place of business in

Malaysia, and the non-Malaysian citizen or body corporate shall ensure that, so long as the ship remains registered, a representative person is so appointed.

(4)

The representative person appointed under subsection (3) shall—

(a)

file documents or furnish information required to be filed or furnished under the Ordinance;

and

(b)

accept service of any documents required to be served on the owner relating to the proceedings for any offence.

(5)

Where an application to register a ship as a

Malaysian ship is made in respect of a ship which has at any time been registered under the law of another country, the application shall be accompanied by evidence to establish—

(a)

that the ship is no longer registered under the law of another country;

(b)

that steps have been taken to terminate the registration of the ship under the law of another country; or

(c)

in the case of a bareboat chartered ship, that the registration of the ship at its primary registry has been suspended or that consent of the authority of primary registry has been obtained to suspend the registration of the ship at the primary registry.

Survey and measurement of ship.