Malaysia legislation
Section 68z
Section 68z
Any person aggrieved by the decision of the domestic shipping officer to refuse to issue or revoke a licence may, within fourteen days of the decision being made known to him in writing, appeal to the
Board whose decision shall be final.
Power of authorized officer to board ship.
68aa. (1) For the purpose of ensuring that the provisions of this Part are complied with, the Director of Marine or any authorized officer may go on board any ship in Malaysian waters or the exclusive economic zone and—
(a)
require the master or owner of the ship to give such information relating to the ship, its cargo, stores, crew, passengers or voyage as he may consider necessary; and
(b)
demand to inspect all documents which ought to be on board the ship and require all or any of such documents to be brought to him for inspection.
(2)
A master or owner of any ship—
(a)
who, without lawful excuse, refuses to allow the Director of Marine or any authorized officer to board the ship;
(b)
when so required by the Director of Marine or authorized officer refuses or fails to submit the required documents;
Merchant Shipping (Amendment)
(c)
who, in submitting the required document, knowingly makes any statement that is false in a material particular; or
(d)
who, with intent to deceive, furnishes a document that is false in a material particular, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Power to detain ships.
68ab. (1) The Director of Marine or any authorized officer may detain any ship if he has reasonable cause to suspect that there has been a contravention of section 68s or 68t.
(2)
Any ship that has been detained under subsection (1)
may be released upon the deposit of a financial security with the Director of Marine for an amount to be determined by him.
Register of domestic shipping licences.
68ac. A domestic shipping officer shall keep or cause to be kept a register of domestic shipping licences into which he shall enter particulars of licences that have been approved.
Domestic Shipping Licensing Board
Establishment and composition of the Board.
68ad. (1) There is established a board to be called the “Domestic Shipping Licensing Board”.
(2)
The Board shall consist of the following members to be appointed by the Minister:
(a)
the Secretary-General of the Ministry of
Transport who shall be the Chairman;
(b)
the Director of Marine or his representative;
(c)
a representative of the Ministry of Transport;
(d)
a representative of the Government of the
State of Sabah and a representative of the
Government of the State of Sarawak; and
(e)
not less than five other persons, who have wide experience or special knowledge in matters relating to shipping.
(3)
The Minister may, in respect of each member of the Board appointed under paragraph (2)(e), appoint an alternate member who may attend any meeting of the Board when the member in respect of whom he is an alternate to is for any reason unable to attend the meeting; and an alternate member when attending the meeting shall be deemed to be a member of the
Board.
(4)
No person shall be appointed as a member or alternate member of the Board unless prior to the appointment he makes a statutory declaration as to whether he has any and if so what financial interest in any undertaking providing domestic shipping.
(5)
The appointment of every member and alternate member of the Board shall be published in the Gazette.
(6)
The Minister may appoint any member temporarily to exercise the functions of the Chairman during the temporary absence of the Chairman due to incapacity, illness or any other cause and that member shall, during the period in which he is exercising the functions of the Chairman, be deemed to be the Chairman.
(7)
A member of the Board appointed under subsection (2) shall, unless he sooner resigns or his appointment is sooner revoked or he otherwise vacates his office, hold office for a period of two years from the date of his appointment and shall be eligible for reappointment.
(8)
An alternate member, unless he sooner resigns or his appointment is sooner revoked, shall cease to be an alternate member when the member in respect of whom he is an alternate member to ceases to be a member of the Board.
Merchant Shipping (Amendment)
(9)
There shall be paid to members of the Board, or to such of them as the Minister may determine, such allowances as he may determine.
(10)
No member of the Board shall incur personal liability for loss or damage caused by an act or omission in administering the affairs of the Board, unless the loss or damage is occasioned by an intentionally wrongful act or omission on his part.
(11)
All members of the Board shall be deemed to be public servants within the meaning of the Penal
Code.
Functions of the Board.
68ae. The functions of the Board shall be:
(a)
to control matters relating to domestic shipping;
(b)
to issue general directions to the Director of
Marine including that in relation to conditions for the issuance of domestic shipping licence;
and
(c)
to advise the Minister on matters relating to domestic shipping.
Appointment of domestic shipping officers.
68af. (1) The Board may appoint such number of domestic shipping officers for the purposes of dealing with applications for the domestic shipping licences and all matters related to the domestic shipping licencing.
(2)
Every domestic shipping officer shall comply with all directions issued by the Board in pursuance of paragraph 68ae(b).
Disclosure of financial interest.
68ag. (1) A member of the Board appointed under paragraph 68ad(2)(e) who acquires any financial interest after his appointment in any undertaking providing domestic shipping shall within four weeks after so doing, or if he does not know of the financial interest within four weeks after it comes to his knowledge, give notice in writing to the Minister specifying the financial interest so acquired; and the Minister may if he thinks fit revoke the appointment of that member.
(2)
Where a corporation has an interest in shipping, a person shall be deemed to have a financial interest in that corporation if—
(a)
the corporation is, or its directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of that person in relation to any shipping matter;
(b)
that person has a controlling interest in the corporation; or
(c)
that person or his associates, or that person and his associates are entitled to exercise or control the exercise of not less than one-tenth of the votes attached to the voting shares in the corporation.
Financial interest of a spouse or child of a member.
68ah. (1) Any financial interest in any undertaking providing domestic shipping of the spouse, or a child under the age of majority of a member of the
Board shall be deemed to be a financial interest of the member.
(2)
A member of the Board shall, within four weeks of his spouse or child under the age of majority acquiring any financial interest in an undertaking providing domestic shipping, notify the Minister in writing of such acquisition and if he fails to do so he commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3)
A financial interest in an undertaking providing domestic shipping shall not be disregarded by reason only of—
(a)
its remoteness;
(b)
the manner in which it arose; or
(c)
the fact that the financial interest is, or is capable of being made subject to restraint and restriction.
Merchant Shipping (Amendment)
49
Register of members’
financial interest.
68ai. The Board shall keep and maintain or cause to be kept and maintained a register of members’
financial interest in any undertaking providing domestic shipping; and within fourteen days of receiving information regarding such interest shall cause to be entered in the register that information and the date of entry against the member’s name.
Annual report.
68aj. The Board shall not later than 30 June of each year cause to be made and transmitted to the Minister a report dealing with the activities of the Board during the preceding year, and may contain such information as the Minister may from time to time require.
Regulations.
68ak. The Minister may make regulations as may be necessary or expedient for giving effect to or for carrying out the provisions of this Part, and without prejudice to the generality of the foregoing provisions, the regulations may—
(a)
prescribe the procedure for the application for a licence under this Part and matters associated with such application, including the particulars to be supplied at the time of application;
(b)
provide for the issuance and renewal of licences and other associated matters, including the form of the licence, the fees payable and the manner of payment of the fees;
(c)
prescribe the fares or rates which may be charged for the provision of domestic shipping by any ship engaged on any route or sector involved in domestic shipping;
(d)
prescribe that offences committed under the regulations are punishable with imprisonment for a term not exceeding six months or a fine not exceeding twenty-five thousand ringgit or to both;
(e)
prescribe in respect of anything which is required to be or which may be prescribed under this Part;
(f)
prescribe the manner and procedures for the
Board to conduct its business; and
(g)
provide for any other matter which may be expedient or necessary for the better carrying out of the provisions of this Part.
Minister may issue directions.
68al. The Minister may issue to the Board general directions which shall be consistent with this Ordinance and the Board shall comply with such directions.”.
Deletion of sections 473, 473b, 474, 475, 476, 477, 478, 479,
480, 481, 482, 483, 483a, 483b, 483c, 484 and 485