Malaysia legislation
Section 5
Section 5
Application of criminal and civil law
(a)
every act or omission which takes place on or under or above, or in any waters within five hundred metres of, any installation or device (whether temporary or permanent)
constructed, erected, placed, or used in, on, or above the continental shelf in connection with the exploration of the continental shelf or the exploitation of its natural resources shall be deemed to take place in Malaysia;
(b)
every installation or device and any waters within five hundred metres of an installation or device as aforesaid shall be deemed to be situated in Malaysia, and for the purposes of jurisdiction shall be deemed to be situated in that part of Malaysia above highwater mark at ordinary spring tides which is nearest to that installation or device;
(c)
every court in Malaysia which would have jurisdiction
(whether civil or criminal) in respect of that act or omission if it had taken place in Malaysia shall have jurisdiction accordingly;
(d)
every power of arrest or of entry or search or seizure or other power that could be exercised under any written law
(whether enacted before or after the passing of this Act) in respect of any such act or omission or suspected act or omission if it had taken place or was suspected to have taken place in Malaysia may be exercised on or in respect of any such installation or device or any waters within five hundred metres thereof as if the installation or device or waters were in Malaysia; and
(e)
without prejudice to the Customs Act 1967 [Act 235], every installation or device, and any materials or parts used in the construction of an installation or device, which are brought into the waters above the continental shelf from parts beyond the seas shall be deemed to have been imported at the time when the installation or device is constructed, erected, or placed in, on, or above the continental shelf in connection with the exploration of the continental shelf or the exploitation of its natural resources.
(2)
The Yang di-Pertuan Agong may from time to time, by order—
Continental Shelf 11
(a)
modify or exclude any of the provisions of any written law
(whether enacted before or after the passing of this Act) to such extent as may be necessary for the purpose of giving full effect to subsection (1);
(b)
declare that the provisions of any written law (whether enacted before or after the passing of this Act), with such modifications or exceptions as he thinks fit, shall apply with respect to the continental shelf or any specified part thereof, or to acts or omissions taking place in, on, or above the continental shelf or any specified part thereof, in connection with the exploration of the continental shelf or of that part or the exploitation of its natural resources, and thereupon the provisions of that written law, with those modifications and exceptions, shall apply as if the continental shelf or that part thereof were within Malaysia.
(3)
Nothing in this section shall limit the provisions of any written law relating to the liability of persons in respect of acts done or omitted beyond Malaysia or the jurisdiction of any court in Malaysia under any such written law.
(4)
Notwithstanding anything in any other written law, proceedings for the trial and punishment of any person charged with having committed an offence in respect of which the courts in Malaysia have jurisdiction by virtue only of this section shall not be instituted in any court except with the consent of the Public Prosecutor:
Provided that a person so charged may be arrested or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or released on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
(5)
In this section the term “device” includes any ship, floating platform, or aircraft that is used in connection with any installation or device.
Regulations