ORD. 70/1952 MERCHANT SHIPPING ORDINANCE 1952 Incorporating latest amendments - Act A1316/2007 ___________________________ ARRANGEMENT OF SECTIONS ___________________________ Long Title & Preamble PART I - INTRODUCTORY Section 1. Short title. Section 2. Interpretation. Section 3. Application of Ordinance to ships propelled by electricity, etc. Section 4. Exemption of Her Majesty's ships and ships belonging to a Ruler. Section 5. Minister may declare ports, etc. Section 6. Particulars in declaration. Section 7. Declaration to be published. Section 8. Director of Marine, Port Office and Port Officers. Section 9. Appointment of Health Officer. Section 10. Appointment of Surveyor of Ships and Radio Surveyor. PART IIA - REGISTRY1 Section 11. Qualification of Malaysian ship. Section 12. Obligation to register Malaysian ships. Section 13. Exemption from registry. Section 14. Appointment of Registrar General and registrars. Section 15. Register book. Section 16. Application for the registration of Malaysian ship. Section 17. Survey and measurement of ship. Section 18. Marking of ships. Section 19. Rules as to name of Malaysian ships. Section 20. Entry of particulars in Register Book. Section 21. Evidence on first registry. Section 22. Certificate of registry. Section 23. Documents to be retained by registrar. Section 24. Port of registry. Section 25. [Deleted] Section 26. Provisional certificate of registry. Section 26A. Cancellation of certificate. Section 27. Custody of certificate. Section 28. Penalty for use of forged certificate. Section 29. Power to grant new certificate. Section 30. Provision for loss of certificate. Section 31. Endorsement of change of master on certificate. Section 32. Endorsement of change of ownership on certificate. Section 33. Delivery up of certificate of ship lost or ceasing to be Malaysian owned. Section 34. Transfer of ship or share. Section 35. Declaration of transfer. Section 36. Registry of transfer. Section 37. Transmission of property in ship on death, bankruptcy, marriage, etc. Section 38. Order for sale on transmission to unqualified person. Section 39. Transfer of ship or sale by order of Court. Section 40. Power of Court to prohibit dealings. 1 Extended to Sabah and Sarawak vide Act A393/1977 Section 41. Mortgages of ship or share. Section 42. Entry of discharge of mortgage. Section 43. Priority of mortgages. Section 44. Mortgagee not deemed to be owner. Section 45. Mortgagee to have power of sale. Section 46. Mortgage not affected by bankruptcy. Section 47. Assignment. Section 48. Transmission of interest in mortgage on bankruptcy, etc. Section 49. Alterations of ship. Section 50. Regulation for registry of alterations. Section 51. Transfer of ship to another flag. Section 52. Restriction on re-registration of ships. Section 53. Provision for cases of incapacity. Section 54. Power to dispense with declaration. Section 55. No notice of trust be registered. Section 56. Evidence of register book, certificate of registry and other documents. Section 57. Regulations. Section 58. Exemption. Section 58A. Terminable certificate of registry for small ships. Section 58B. Conditions on ownership of ship with terminable certificate of registry. Section 58C. Security for loan. Section 59. National colours for Malaysian ships. Section 60. Showing of national ensign. Section 61. Penalty for unduly assuming Malaysian character. Section 62. Penalty for concealment of Malaysian or assumption of foreign character. Section 63. Liability of ship not recognized as Malaysian. Section 64. National character of ships to be declared for clearance. Section 65. Proceedings on forfeiture of ship. PART IIB - THE DOMESTIC SHIPPING LICENCING BOARD2 Section 65A. Interpretation. Section 65B. The Board. Section 65C. Function of the Board. Section 65D. Regulations. Section 65E. Registers of licence and members' interest. Section 65F. Information on ship. Section 65G. Minister's directions. Section 65H. Issue of licence. Section 65I. Revocation of licence. Section 65J. Expiry of licence. Section 65K. Appeal. Section 65KA. Prohibition of non-Malaysian ships to engage in domestic shipping. Section 65L. Licence for domestic shipping. Section 65M. Port clearance. Section 65N. Disclosure of interest. Section 65O. Interest of a spouse or child of a member. Section 65P. Register of members' interest. Section 65Q. Annual Report. Section 65R. Power of Port Officer or officer of customs to board ship. Section 65S. Power to detain vessels. Section 65T. Delegation of powers and duties. Section 65U. Exemption by Minister. PART IIC - MALAYSIA INTERNATIONAL SHIP REGISTRY3 2 Extended to Sabah and Sarawak vide Act A393/1977 3 Inserted vide Act A1014/1998 Section 66. Interpretation and application. Section 66A. Port of the Malaysia International Ship Registry. Section 66B. Qualification to register ship in the Malaysia International Ship Registry. Section 66C. Appointment of a ship manager. Section 66D. Paid-up capital for corporate ownership. Section 66E. Registration of ship. Section 66F. Initial registration fee and annual tonnage fee. Section 66G. Offence. Section 67. [Deleted]. Section 68. [Deleted]. PART III - MASTERS AND SEAMEN Section 69. Application of Part III. Section 70. Partial Application of Part III to pleasure yachts, etc. Section 71. Qualifications and Manning Section 71A. [Deleted]. Section 72. [Deleted]. Section 73. [Deleted]. Section 74. [Deleted]. Section 75. [Deleted]. Section 76. [Deleted]. Section 76A. [Deleted]. Section 77. [Deleted]. Section 78. [Deleted]. Section 79. [Deleted]. Section 80. [Deleted]. Section 81. [Deleted]. Section 82. [Deleted]. Section 83. [Deleted]. Section 84. [Deleted]. Section 85. [Deleted]. Section 86. [Deleted]. Section 87. [Deleted]. Section 88. Special provisions as to apprenticeship to the sea service. Section 89. Production of indenture to Port Officer before voyage in foreign-going ship. Section 90. Minimum age of employment of children in ships. Section 91. Employment of young persons as trimmers or stokers in ships. Section 92. Medical examination of young persons employed in ships. Section 93. Penalties. Section 94. Interpretation. Section 95. Licences to supply seamen. Section 96. Penalty for engaging seamen without a licence. Section 97. Penalty for receiving remuneration from seaman for engagement. Section 98. Agreement with crew. Section 99. Form period and conditions of agreement with crew. Section 100. Special provisions as to agreement with crew of foreign-going ships. Section 101. Special provisions as to agreement with crew of near-coastal trade ships. Section 102. Changes in crew of foreign-going ships to be reported. Section 103. Certificate as to agreement with crew of foreign-going ships. Section 104. Certificate as to agreement with crew of near-coastal trade ships. Section 105. Copy of agreement to be made accessible to the crew. Section 106. Forgery, etc., of agreement with crew. Section 107. Alterations in agreement with crew. Section 108. Seamen not to be bound to produce agreement. Section 109. Engagement of Asian seamen. Section 110. Engagements between masters of foreign ships and Asian seamen. Section 111. Fees payable in respect of such engagement. Section 112. Penalty for breach of sections 109 and 110. Section 113. Discharge before Port Officer. Section 114. Certificate of discharge and return of certificate to officer on discharge. Section 115. Report of seaman's character. Section 116. False or forged certificate of discharge of report of character. Section 117. Sanction required for discharge of seaman in the Federation. Section 118. Payment of wages before Port Officer. Section 119. Master to deliver account of wages. Section 120. Deductions from wages. Section 121. Notice of disrating of seaman. Section 122. Time of payment of wages for foreign-going ships. Section 123. Time of payment of wages for near-coastal trade ships. Section 124. Settlement of wages. Section 125. Decision of questions by Port Officer. Section 126. Power of Port Officer to require production of ship's papers. Section 127. Rule as to payment of seamen in currency other than that mentioned in agreement. Section 128. Advances restricted. Section 129. Regulations as to allotment notes. Section 130. Allotment through savings banks. Section 131. Master to give facilities to seamen for remitting wages. Section 132. Right of suing on allotment notes. Section 133. Time for payment of an allotment note. Section 134. Right to wages, etc., when to begin. Section 135. Right to recover wages and salvage not to be forfeited. Section 136. Wages not to depend on freight. Section 137. Wages on termination of service by wreck or illness. Section 138. Wages not to accrue during refusal to work or imprisonment. Section 139. Forfeiture of wages, etc., of seamen when illness caused by his own default. Section 140. Costs of procuring punishment may be deducted from wages. Section 141. Compensation to seaman improperly discharged. Section 142. Restriction on sale of and charge upon wages. Section 143. Summary proceedings for wages. Section 144. Restriction on suits for wages. Section 145. Remedies of master for wages, disbursements, etc. Section 146. Powers of Court in case of unreasonable delay in paying master's wages. Section 147. Power of Court to rescind contracts between owner or master and seaman or apprentice. Section 148. Property of seaman who dies during voyage. Section 149. Dealing with and account of property of seaman who dies during voyage. Section 150. Penalty for non-compliance with