PERINTAH PENGANGKUTAN BARANG MELALUI LAUT (PINDAAN JADUAL PERTAMA) 2021

Jadual Pertama kepada Akta Pengangkutan Barang melalui Laut 1950 dipinda—

(a)

dalam tajuk, dengan menggantikan perkataan “BILLS OF LADING”

dengan perkataan “SEA CARRIAGE DOCUMENTS”;

(b)

dalam Artikel I—

(i)

dengan memasukkan selepas perenggan

(a)

perenggan yang berikut:

‘(aa)

“consignment note” means a non-negotiable document that—

(i)

contains or evidences a contract of carriage by sea in connection with which no bill of lading or similar document of title has been issued;

P.U. (A) 305 3

(ii)

clearly states that no liability for any loss of, damage to or delay of the goods will be accepted by the carrier of the goods; and

(iii)

is clearly marked as being non-negotiable;’;

(ii)

dengan menggantikan perenggan

(b)

dengan perenggan yang berikut—

‘(b)

“contract of carriage” applies only to contracts of carriage covered by a sea carriage document, in so far as such document relates to the carriage of goods by sea, including a negotiable sea carriage document issued under or pursuant to a charter-party from the moment at which the document regulates the relations between its holder and the carrier concerned;’;

(iii)

dengan memasukkan selepas perenggan

(b)

perenggan yang berikut:

‘(ba) “data message”

means information generated, stored or communicated by electronic, optical or analogous means, including electronic data interchange, electronic mail, telegram, telex or telecopy, even if the information is never reproduced in printed form;’;

(iv)

dalam perenggan

“and cargo which by the contract of carriage is stated as being carried on deck and is so carried”;

(v)

dalam perenggan

“carriage of goods” dengan perkataan “carriage of goods by sea”;

P.U. (A) 305 4

(vi)

dengan menggantikan noktah di hujung perenggan

(e)

dengan noktah bertindih; dan

(vii)

dengan memasukkan selepas perenggan

(e)

perenggan yang berikut:

‘(f)

“negotiable sea carriage document” means—

(i)

a bill of lading other than a bill of lading that, by law, is not negotiable; or

(ii)

a negotiable document of title that is similar to a negotiable bill of lading and that contains or evidences a contract of carriage of goods by sea;

(g)

“sea carriage document” means—

(i)

a bill of lading;

(ii)

a negotiable document of title that is similar to a bill of lading and that contains or evidences a contract of carriage of goods by sea;

(iv)

a non-negotiable document including a consignment note and a document of the kind known as a sea waybill or the kind known as a ship’s delivery order which either contains or evidences a contract of carriage of goods by sea; and

P.U. (A) 305 5

(h)

“writing” includes electronic mail, electronic data interchange, facsimile transmission, and entry in a database maintained on a computer system.’;

(c)

dengan memasukkan selepas Artikel I artikel yang berikut:

“ARTICLE IA

APPLICATION TO SEA CARRIAGE DOCUMENT

1.

These Rules apply, with necessary modifications, to a sea carriage document in the form of a data message in the same way as they apply to such a document in printed form.

2.

Without limiting paragraph 1, for these Rules in their application to such sea carriage documents:

(a)

a sea carriage document is issued when a data message is generated in a way that constitutes issue of such a document within the system being used by the parties to the relevant contract of carriage; and

(b)

a sea carriage document is transferred when a data message is generated in a way that constitutes transfer of the sea carriage document within the system being used by the parties to the relevant contract of carriage.”;

(d)

dalam Artikel II—

(i)

dengan menomborkan semula perenggan sedia ada sebagai perenggan 1;

P.U. (A) 305 6

(ii)

dalam perenggan 1 yang dinomborkan semula, dengan memasukkan selepas perkataan

“Subject to”

perkataan

“this Article and”; dan

(iii)

dengan memasukkan selepas perenggan 1 yang dinomborkan semula perenggan yang berikut:

“2. For the purpose of paragraph 1, “goods” includes goods, except live animals, carried on or above deck.

to apply, the shipper shall tell the carrier in writing of those requirements at or before the time of booking the cargo.

(e)

dalam Artikel III—

(i)

dalam perenggan 3, dengan menggantikan perkataan

“bill of lading” dengan perkataan “sea carriage document”

di mana-mana jua terdapat;

P.U. (A) 305 7

(ii)

dalam perenggan 4—

dengan menggantikan perkataan “bill of lading”

dengan perkataan “sea carriage document”;

dengan menggantikan perkataan

“paragraphs”

dengan perkataan “subparagraphs”; dan

(C)

dengan memasukkan selepas perkataan “and (c).”

perkataan “However, proof to the contrary shall not be admissible in the case of a negotiable sea carriage document that has been transferred to a third party acting in good faith.”;

(iii)

dalam perenggan 6—

dengan menggantikan perkataan “bill of lading”

dengan perkataan “sea carriage document”; dan dengan menggantikan perkataan “In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods”

dengan perkataan “Subject to paragraph 6bis, the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period may, however, be extended if the parties so agree after the cause of action has arisen.”;

P.U. (A) 305 8

(iv)

dengan memasukkan selepas perenggan 6

perenggan yang berikut:

“6bis.

An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.”; dan

(v)

dengan menggantikan perenggan 7

dengan perenggan yang berikut:

“After the goods are loaded, the sea carriage document to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a “shipped” negotiable sea carriage document, provided that if the shipper shall have previously taken up any sea carriage document to such goods, he shall surrender the same as against the issue of the “shipped” negotiable sea carriage document, but at the option of the carrier a negotiable sea carriage document may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this Article be deemed to constitute a “shipped” negotiable sea carriage document.”;

P.U. (A) 305 9

(f)

dalam Artikel IV, dengan menggantikan perenggan 5 dengan perenggan yang berikut:

“5. (a)

Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the sea carriage document, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67 units of account per package or unit or 2 units of account per kilogramme of gross weight of the goods lost or damaged, whichever is the higher.

(b)

The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged. The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

(c)

Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the sea carriage document as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned.

Except as aforesaid such article of transport shall be considered the package or unit.

(d)

The unit of account mentioned in this Article is the

Special Drawing Right as defined by the International Monetary Fund.

The amounts mentioned in subparagraph (a) shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the court seized of the case.

P.U. (A) 305 10

The value of the national currency, in terms of the

Special Drawing Right, of a State which is a member of the International

Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

Nevertheless, a

State which is not a member of the

International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in these Rules to be applied in its territory shall be fixed as follows:

(i)

in respect of the amount of 666.67 units of account mentioned in subparagraph (a), 10,000 monetary units;

The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrammes of gold of millesimal fineness 900'.

The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the

State concerned.

The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in subparagraph (a) as is expressed there in units of account.

P.U. (A) 305 11

States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979

or of accession thereto and whenever there is a change in either.

(e)

Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.

(f)

The declaration mentioned in subparagraph

(g)

By agreement between the carrier, master or agent of the carrier and the shipper, other maximum amounts than those mentioned in subparagraph (a) may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that subparagraph.

(h)

Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper in the sea carriage document.”;

P.U. (A) 305 12

(g)

dengan memasukkan selepas Artikel IV artikel yang berikut:

“ARTICLE IVbis

DEFENCE AND LIMIT OF LIABILITY

1.

The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

2.

If such an action is brought against a servant or agent of the carrier, such servant or agent not being an independent contractor, such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.

3.

The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in these Rules.

4.

A servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.”;

(h)

dalam Artikel V, dengan menggantikan perkataan “bill of lading” dengan perkataan “sea carriage document” di mana-mana jua terdapat;

P.U. (A) 305 13

(i)

dalam Artikel VI—

(i)

dengan memotong perkataan “, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.”; dan

(ii)

dengan memasukkan di hujung perenggan pertama perkataan yang berikut:

“However—

(j)

dengan menggantikan Artikel IX dengan artikel yang berikut:

“These Rules shall not affect the provisions of any international

Convention or national law governing liability for nuclear damage.”.

Dibuat 9 Julai 2021

[MOT.BM(S).600-1/1/1Jld 3; PN(PU2)3193]

DATUK SERI IR. DR. WEE KA SIONG

Menteri Pengangkutan

P.U. (A) 305 14

CARRIAGE OF GOODS BY SEA ACT 1950

CARRIAGE OF GOODS BY SEA (AMENDMENT OF FIRST SCHEDULE) ORDER 2021

IN exercise of the powers conferred by section 6A of the

Carriage of Goods by Sea Act 1950 [Act 527], the Minister makes the following order:

Citation and commencement 1.

(1)

This order may be cited as the Carriage of Goods by Sea

(Amendment of First Schedule) Order 2021.

(2)

This Order comes into operation on 15 July 2021.

Amendment of First Schedule 2.

The First Schedule to the Carriage of Goods by Sea Act 1950 is amended—

(a)

in the heading, by substituting for the words “BILLS OF LADING”

the words “SEA CARRIAGE DOCUMENTS”;

(b)

in Article I—

(i)

by inserting after paragraph (a) the following paragraph:

‘(aa) “consignment note” means a non-negotiable document that—

(i)

contains or evidences a contract of carriage by sea in connection with which no bill of lading or similar document of title has been issued;

P.U. (A) 305 15

(ii)

clearly states that no liability for any loss of, damage to or delay of the goods will be accepted by the carrier of the goods; and

(iii)

is clearly marked as being non-negotiable;’;

(ii)

by substituting for paragraph (b) the following paragraph—

‘(b)

“contract of carriage” applies only to contracts of carriage covered by a sea carriage document, in so far as such document relates to the carriage of goods by sea, including a negotiable sea carriage document issued under or pursuant to a charter-party from the moment at which the document regulates the relations between its holder and the carrier concerned;’;

(iii)

by inserting after paragraph (b) the following paragraph:

‘(ba) “data message” means information generated, stored or communicated by electronic, optical or analogous means, including electronic data interchange, electronic mail, telegram, telex or telecopy, even if the information is never reproduced in printed form;’;

(iv)

in paragraph (c), by deleting the words “and cargo which by the contract of carriage is stated as being carried on deck and is so carried”;

(v)

in paragraph (e), by substituting for the words “carriage of goods”

the words “carriage of goods by sea”; and

(vi)

by substituting for the full stop at the end of paragraph (e)

for a semi colon; and

P.U. (A) 305 16

(vii)

by inserting after paragraph (e) the following paragraphs:

‘(f)

“negotiable sea carriage document” means—

(i)

a bill of lading other than a bill of lading that, by law, is not negotiable; or

(ii)

a negotiable document of title that is similar to a negotiable bill of lading and that contains or evidences a contract of carriage of goods by sea;

(g)

“sea carriage document” means—

(i)

a bill of lading;

(ii)

a negotiable document of title that is similar to a bill of lading and that contains or evidences a contract of carriage of goods by sea;

(iii)

a bill of lading that, by law, is not negotiable; or

(iv)

a non-negotiable document including a consignment note and a document of the kind known as a sea waybill or the kind known as a ship’s delivery order which either contains or evidences a contract of carriage of goods by sea; and

P.U. (A) 305 17

(h)

“writing” includes electronic mail, electronic data interchange, facsimile transmission, and entry in a database maintained on a computer system.’;

(c)

by inserting after Article I the following Article:

“ARTICLE IA

APPLICATION TO SEA CARRIAGE DOCUMENT

1.

These

Rules apply, with necessary modifications, to a sea carriage document in the form of a data message in the same way as they apply to such a document in printed form.

2.

Without limiting paragraph 1, for these Rules in their application to such sea carriage documents:

(a)

a sea carriage document is issued when a data message is generated in a way that constitutes issue of such a document within the system being used by the parties to the relevant contract of carriage; and

(b)

a sea carriage document is transferred when a data message is generated in a way that constitutes transfer of the sea carriage document within the system being used by the parties to the relevant contract of carriage.”;

(d)

in Article II—

(i)

by renumbering the existing paragraph as paragraph 1;

(ii)

in paragraph 1

as renumbered, by inserting after the words “Subject to” the words “this Article and”; and

P.U. (A) 305 18

(iii)

by inserting after paragraph 1

as renumbered the following paragraphs:

“2. For the purpose of paragraph 1, “goods” includes goods, except live animals, carried on or above deck.

3. Where the shipper has specific stowage requirements for goods carried on or above deck, then, for paragraph 1

to apply, the shipper shall tell the carrier in writing of those requirements at or before the time of booking the cargo.

4. Notwithstanding Article IVbis, if a carrier carries goods on or above deck contrary to an express agreement with the shipper of the goods made at or before the time of booking the cargo, then, for any loss or damage to the goods that results solely from the goods being carried on or above deck, the carrier is not entitled—

(e)

in Article III—

(i)

in paragraph 3, by substituting for the words “bill of lading”

the words “sea carriage document” wherever appearing;

(ii)

in paragraph 4—

by substituting for the words “bill of lading”

the words “sea carriage document”;

P.U. (A) 305 19

by substituting for the word “paragraphs” the word

“subparagraphs”; and

(C)

by inserting after the words “and (c).” the words

“However, proof to the contrary shall not be admissible in the case of a negotiable sea carriage document that has been transferred to a third party acting in good faith.”;

by substituting for the words “bill of lading”

the words “sea carriage document”; and by substituting for the words “In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods” the words

“Subject to paragraph 6bis, the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered.

This period may, however, be extended if the parties so agree after the cause of action has arisen.”;

“6bis.

An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the court seized of the case. However, the time allowed shall be not less than three months,

P.U. (A) 305 20

commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.”; and

(v)

by substituting for paragraph 7 the following paragraph:

“After the goods are loaded, the sea carriage document to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a

“shipped”

negotiable sea carriage document, provided that if the shipper shall have previously taken up any sea carriage document to such goods, he shall surrender the same as against the issue of the “shipped” negotiable sea carriage document, but at the option of the carrier a negotiable sea carriage document may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this Article be deemed to constitute a “shipped” negotiable sea carriage document.”;

(f)

in Article IV, by substituting for paragraph 5 the following paragraph:

“5. (a)

Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the sea carriage document, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67 units of account per package or unit or 2 units of account per kilogramme of gross weight of the goods lost or damaged, whichever is the higher.

(b)

The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which

P.U. (A) 305 21

the goods are discharged from the ship in accordance with the contract or should have been so discharged. The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

(c)

Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the sea carriage document as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.

(d)

The unit of account mentioned in this Article is the

Special Drawing Right as defined by the International Monetary Fund.

The amounts mentioned in subparagraph (a) shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the court seized of the case.

The value of the national currency, in terms of the

Special Drawing Right, of a State which is a member of the

International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions.

The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

Nevertheless, a

State which is not a member of the

International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time

P.U. (A) 305 22

of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in these Rules to be applied in its territory shall be fixed as follows:

(i)

in respect of the amount of 666.67 units of account mentioned in subparagraph (a), 10,000 monetary units;

(ii)

in respect of the amount of 2 units of account mentioned in subparagraph (a), 30 monetary units.

The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrammes of gold of millesimal fineness 900'.

The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned.

The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in subparagraph (a) as is expressed there in units of account.

States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979

or of accession thereto and whenever there is a change in either.

(e)

Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.

P.U. (A) 305 23

(f)

The declaration mentioned in subparagraph (a), if embodied in the sea carriage document, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

(g)

By agreement between the carrier, master or agent of the carrier and the shipper, other maximum amounts than those mentioned in subparagraph (a) may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that subparagraph.

(h)

Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper in the sea carriage document.”;

(g)

by inserting after Article IV the following article:

“ARTICLE IVbis

DEFENCE AND LIMIT OF LIABILITY

1.

The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

2.

If such an action is brought against a servant or agent of the carrier, such servant or agent not being an independent contractor, such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.

P.U. (A) 305 24 3.

The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in these Rules.

4.

A servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.”;

(h)

in Article V, by substituting for the words “bill of lading” the words

“sea carriage document” wherever appearing;

(i)

in Article VI—

(i)

by deleting the words “, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such”; and

(ii)

by inserting at the end of the first paragraph the following words:

“However—

(a)

the terms so agreed must be set out in a receipt or consignment note; and

(b)

the receipt or consignment note must be, and must be marked as being, non-negotiable;”; and

P.U. (A) 305 25

(c)

the receipt or note must state that no other sea carriage document has been, or will be, issued for the carriage.”;

(j)

by substituting for Article IX the following article:

“These Rules shall not affect the provisions of any international

Convention or national law governing liability for nuclear damage.”.

Made 9 July 2021

[MOT.BM(S).600-1/1/1Jld 3; PN(PU2)3193]

DATUK SERI IR. DR. WEE KA SIONG

Minister of Transport