Malaysia legislation
Section 3
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