Malaysia legislation
Section 2
Section 2
In this Ordinance –
“agreement” or “agreement with the crew” means the agreement referred to in subsection (1) of section 19;
“apprentice” means apprentice to the sea service;
“coastal trade limits” means the limits specified in Part A of the First Schedule;
“coastal trade ship” means a ship which is authorised to ply only within coastal trade limits;
“collision regulations” means regulations made under section 252 of the Merchant
Shipping Ordinance 1952 of the Federation of Malaya [Ord. 70/1952];
“consular officer”, where used in relation to a foreign country, means the person for the time being recognised by Her Majesty as the consul, vice-consul, consular agent, or other person authorised to discharge the duties of consul or vice-consul of that foreign country;
“dangerous goods” includes any substance of a dangerous nature;
“Director” means the Director of Marine;
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“explosive” has the same meaning as in the Fire-arms and Explosive Ordinance [Ord.
No. 17 of 1966.];
“fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing but save as otherwise expressly provided does not include a vessel used for catching fish otherwise than for profit;
“foreign-going ship” includes every ship employed in trading or going between some place or places situate beyond the limits prescribed for home-trade ships;
“government surveyor” means a surveyor appointed under the provisions of subsection
(1)
of section 130;
“home trade limits” means the limits specified in Part B of the First Schedule;
“home trade ship” means a ship which is authorised to ply only within home trade limits;
“inspector” means an inspector appointed under section 267;
“international voyage” means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Safety Convention applies, and “short international voyage” means an international voyage –
(a)
in the course of which a ship is not more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety;
and
(b)
which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination;
so, however, that for the purpose of the definitions contained in this paragraph –
(i)
no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer, if any, of the ship could have prevented or forestalled; and
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(ii)
every colony, overseas territory, protectorate or other territory for whose international relations a government that has accepted the Safety Convention is responsible, or for which the United Nations are the administering authority, shall be deemed to be a separate country;
“legal personal representative” means any person constituted executor, administrator, or other representative of a deceased person by any probate, administration, or other instrument;
“local trade limits” means the limits specified in Part C of the First Schedule;
“local trade ship” means a ship which is authorised to ply only within local trade limits;
“Malaysian ship” has the same meaning as in the Merchant Shipping Ordinance 1952
of the Federation of Malaya;
“master” includes every person, except a pilot, having command or charge of any ship;
“Mercantile Marine Office” includes a mercantile marine sub-office;
“Merchant Shipping Acts” means the Merchant Shipping Acts from time to time in force in the United Kingdom;
“Minister” means the Minister of Transport of the United Kingdom and includes, when appropriate, references to the Board of Trade and the Minister of Transport and Civil
Aviation; and “Ministry” shall be construed accordingly;
“naval court” has the same meaning as in the Merchant Shipping Acts;
“North Borneo licensed ship” means any vessel licensed under the regulations made under section 277 of the Ordinance;
“officer” when used in relation to a ship, means any master, mate, engineer or engine-driver;
“officer of customs” has the same meaning as in the Customs Ordinance [Cap. 33.];
“passenger” means any person carried in a ship, except -
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(a)
a person employed or engaged in any capacity on board the ship on the business of the ship;
(b)
a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled; and
(c)
a child under one year of age;
“passenger ship” means a ship which is constructed for, or which is substantially or habitually (whether at regular or irregular intervals) used for, carrying more than twelve passengers;
“pilot” means any person not belonging to a ship, who has the conduct thereof;
“port” means a place prescribed as a port;
“Port Health Officer” includes the Director of Medical Services and any officer for the time being performing the duties of a Port Health Officer;
“Port Officer” means a person appointed as such for any port by the Governor and, includes any person for the time being performing with the authority and subject to the discretion of the Director in respect of matters within the jurisdiction of the Director, or the State Director in respect of matters within the jurisdiction of the State Director, the duties of the Port Officer;
“Principal Act” means the Merchant Shipping Act, 1894;
“radio rules” means the rules made under section 262 of the Merchant Shipping
Ordinance 1952 of the Federation of Malaya;
“report of character” means the report referred to in section 37;
“running agreement” means an agreement referred to in paragraph (e) of section 21;
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“Safety Convention” means the International Convention for the Safety of Life at
Sea signed in London on 1 November 1974; and if any amendment of the Safety
Convention comes into force with respect to Malaysia, references in this Ordinance to the Safety Convention shall, unless the context otherwise requires, be construed as references to the Safety Convention as amended;
“Safety Convention certificate” means a certificate issued in accordance with the terms of the Safety Convention;
“Safety Convention ship” means a ship registered in a country to which the Safety
Convention applies;
“salvor” means, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to Her Majesty, the person in command of that ship;
“seaman” includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship;
“ship” means any vessel other than –
(a)
a vessel solely propelled by oars;
(b)
a vessel which has been generally exempted from the provisions of this
Ordinance by the Governor under section 273; and
(c)
a vessel which has been partially exempted from the provisions of this
Ordinance by the Governor under section 273; to the extent of such exemption;
“State Director” means the Director of Ports and Harbours of the State of Sabah;
“Superintendent” means the Superintendent of the Mercantile Marine Office and, subject to the provisions of subsection (3) of section 18, includes an Assistant
Superintendent;
“tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tide;
.
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“ton” means a register ton except where otherwise stated and “tonnage” shall be interpreted accordingly;
“vessel” means anything constructed or used for the carriage on water of persons or property.