Malaysia legislation

Section 3

of MERCHANT SHIPPING ORDINANCE (AMENDMENT) ACT 2016

Section 3

Section 2 of the Ordinance is amended—

(a)

by deleting the definitions of “foreign going ship” and

“foreign going passenger steamer”;

(b)

by inserting after the definition of “Malaysian ship” the following definition:

‘ “Malaysian waters” means the territorial waters of Malaysia as determined in accordance with the

Territorial Sea Act 2012 [Act 750];’;

(c)

by substituting for the definition of “passenger steamer”

the following definition:

‘ “passenger ship” means any ship carrying more than twelve passengers;’;

(d)

by substituting for the definition of “seaman” the following definition:

‘ “seafarer” means any person who is employed or engaged in any capacity on board a ship to which this Ordinance applies, but does not include—

(a)

a person not directly employed for the normal manning of the ship within the deck, engine or catering department;

(b)

pilot;

(c)

superintendent, surveyor, auditor, inspector;

(d)

supernumerary;

(e)

scientist, researcher, diver, specialist offshore technician or any person whose work is not part of the routine business of the ship;

(f)

a person who works on board the ship solely within a port or at a port facility;

(g)

repair and maintaining technician;

Merchant Shipping Ordinance (Amendment)

(h)

non-marine personnel, employed under outsourced service agreement;

(i)

military and armed personnel; and

(j)

temporary riding crew;’;

(e)

by inserting after the definition of “ship” the following definition:

‘ “shore leave” means the period during which a seafarer is allowed to take leave from the ship to go ashore while the ship he is working on is in the port;’; and

(f)

by inserting after the definition of “tidal water” the following definition:

‘ “unlimited voyage” means a voyage between a place in Malaysia and a place situated beyond the limit prescribed for near-coastal trade ship;’.

Substitution of Part III

Section 3 — AKTA ORDINAN PERKAPALAN SAUDAGAR (PINDAAN) 2016