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Abdul Ghaffur A compilation of papers at the 1st National Maritime Conference Preface by................ Malaysia As A Maritime Nation: Meeting Expectations 1 A compilation of papers at the 1st National Maritime Conference Speeches 2 Malaysia As A Maritime Nation: Meeting Expectations A compilation of papers at the 1st National Maritime Conference Welcome Address by Sitpah Selvaratnam Co Chair, Organising Committee Yang berhormat Minister of Transport Dato Seri Chan Kong Choy, Yng Berbahagia Tan Sri Abdul Gani Patail, The Attorney General of Malaysia, Mr Yeo Yang Poh, Presdent of the Malaysian Bar, Honourable Judges, distinguished guests, ladies and gentlemen. We are, on behalf of the co-chair from the Attorney General’s Chambers and the rest of the organising committee, warmly welcome you to this national maritime conference. To see a sea of maritime faces here exceeding in numbers gives me great pleasure. This marks the realisation of the shipping and the admiralty law committee of the Bar Council to have all sectors in the Maritime industry for the common objectives of collectively aspiring and inspiring maritime reform. For this day we have many to thank, first and foremost Yang Berhormat Najib Tun Abdul Razak for agreeing to open the conference and delivering the key note address which is a significant endorsement for reform. Although we are deprived of Yang Berhormat’s physical presence today, we are grateful to Yang berhormat Dato’ Sri Chan Kong Choy for representing Yang Berhormat Najib Tun Razak at this opening. We thank the Attorney General for unhesitatingly accepting the Bar’s invitation to co-host this conference and providing all resources in support for this cause, Petronas and MISC for their most generous sponsorship that put an end to the committee’s sleepless nights, and for the conference registration fee to be heavily subsidised to encourage maximum participation here today. To the President and Vice President of the Bar, Mr Yeo Yang Poh and Ms. Ambiga for the total confidence they placed in this organising committee and giving us a completely free hand in this conference altogether. I must add a personal note. For Yang Poh, no issues were too small nor too big. Despite a challenging year that the Bar faced in 2006-2007, Yang Poh always took pains to return my sms’s and simply helped to put out several bush fires. The unwavering support and unshakable faith of the Chairman of the Shipping and Admiralty Committee Tuan Haji Hamid Sultan Abu Backer. We are immensely proud of the fact that Tuan Haji Hamid Sultan Abu Backer who championed our drive to improve our admiralty procedure was elevated to the Bench last week as Judicial Commissioner, marking his 5 years of chairmanship of the Shipping and Admiralty Committee of the Bar Council. Yang Arif now sits in Kuching and is unable to be here with us today and he conveys his best wishes for the success of this conference. To the eminent speakers, chair and moderators, for their spontaneous response to our invitation to facilitate the road for reform. The participants, all of you, who entered with such gratitude and enthusiasm to this conference and mounted a tremendous show of support for reform. Finally, I must thank the Malaysia As A Maritime Nation: Meeting Expectations 3 A compilation of papers at the 1st National Maritime Conference organising committee. Alamena and I had total commitment and dedicated energy from the entire committee. We have a good standing committee and we hope that the efforts that each one of them put into this conference thus truly materialised into these 2½ days for an enjoyable and productive conference. With the total support and the overwhelming participation from the industry, the maritime institutions, the legal and judicial services and the members of the Bar, I am confident that we will achieve the desired objective of enhanced understanding of maritime skills in Malaysia, as the nation requires us to progress further together. It is our hope that there will be candid discussions and free flow of ideas between the platforms over the course of this conference and the reactions that we may hear in our maritime lives as we progress further into the future. 4 Malaysia As A Maritime Nation: Meeting Expectations A compilation of papers at the 1st National Maritime Conference Welcome Address by Yeo Yang Poh President of the Malaysian Bar The Honourable Attorney General Tan Sri Abdul Patail, Ms. Ambiga, Vice President of the Malaysian bar, Honourable Judges, distinguished participants. It is my pleasure to welcome you to the National Maritime Conference. It is the vehicle for transporting information, ideas and communication across long distances has changed dramatically from the days of the horseback messengers to the time of the telephone and to now, our world of internet today. But the mode of transportation of goods across the seas and oceans has for centuries remained largely with the use of vessels. With 95% of trade relying on shipping, it is easy for Malaysia to allow its shipping industry and its legal infrastructure to stagnate but if we want to remain competitive in the volatile and challenging commercial world, a well-structured and efficient maritime legal regime is essential to international trade. The shipping industry is a service industry and like all industries must meet the expectations of its consumers and users. Its primary importance is reflected in the theme of today’s conference which focuses on meeting expectations. Lawyers practising admiralty law will warn us of the urgent need to reform in our current laws. There is no better group than lawyers for the public and private sectors, government offices, judges, industry players, business leaders to provide the input and ideas as to how maritime law can reform to better meet the expectations of the consumers. I hope that this conference will spark a new level of interest in and commitment to maritime reform in this country, which I’m sure, will lead to long term benefits for the nation as a whole. I join Sitpah in thanking all those whom she has thanked and would also like to place on record my special appreciation to the Honourable Attorney General’s Chambers for not only supporting but indeed co-organising this event with us. I hope that this is the start of many more collaborations between two institutions of importance in this country, the AG’s Chambers and the Bar. And over this spirit of co-operation we will be progressing a highly commendable approach. I would also like to thank the organising committee whose members have worked so hard to put this event together. And a big thank you to our generous sponsors who have enabled the committee to present to you over the next two and a half days this event in a style that befits its substance. The presence this morning of the Honourable Minister to deliver the keynote address adds prestige to this event and shows the Government’s support, for which I thank him. My present task of delivering a very short welcome speech is a small one compared to the one that awaits all of you - to formulate the direction in which maritime law reform should take in this country. Malaysia As A Maritime Nation: Meeting Expectations 5 A compilation of papers at the 1st National Maritime Conference I have no doubt that we will meet the challenge with every success. When it is time for me to speak at the endnote of this conference, I am confident that I will be able to marvel at the amount that you will have achieved within such a short time, that I will be able to say with pride, that our ship has come in. I wish you an enjoyable and fruitful conference. Summary With the increasing importance of the shipping industry, Malaysia needs to maintain a well-structured and efficient maritime legal regime in order to remain competitive. Lawyers, judges, government agencies and industry players play a key role in implementing reforms in maritime law. This conference is important in formulating new directions in maritime law reform in this country. 6 Malaysia As A Maritime Nation: Meeting Expectations A compilation of papers at the 1st National Maritime Conference Welcome Speech by The Attorney General of Malaysia Ybhg Tan Sri Abdul Gani Patail Opening Remarks Yang Berhormat Dato’ Sri Chan Kong Choy, Minister of Transport; Mr. Yeo Yang Poh, President of the Malaysian Bar Council; Honoured Judges; Distinguished experts, honoured guests, ladies and gentlemen; Assalammualaikum and a very good morning. First and foremost, allow me to express my gratitude and deepest appreciation to: ! The honoured guests who have taken the initiative to take time from their busy schedule to be at this conference; ! The Malaysian Bar Council, the co-host of this Conference who has been kind to us; ! Members of the Faculty of Speakers, Panel Members, Moderators and Sessions Chairman; and ! To all those who have contributed towards the success of this event, including the National Maritime Committee, members of the media, relevant government agencies, associates and others for the support and their willingness to be part of this important gathering. Ladies and Gentlemen, Malaysia’s geographical position places herself in the midst of a very important trade route. She is the recipient of the bountiful amount of commercial activities ranging from shipping and trade and more importantly having to bear iher domestic and international obligations in keeping these trade routes safe and conducive to trade and to the environment. The Malaysian maritime industry has grown significantly since the 70’s after the Government’s announcement, as enunciated in the “THIRD MALAYSIA PLAN”, to make Malaysia a maritime nation.
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