Malaysia

Shipping laws updates

The Association would like to draw attention to two significant developments in respect of Malaysian laws impacting on shipping.

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The first is the coming in to force of the 1976 Convention of Limitation of Liability of Maritime Claims as amended by the 1996 Protocol, with the note that two areas : (a) East Malaysia of Sabah and (b) Sarawak continue to be under the 1957 Convention.

Merchant Shipping (Amendment and Extension) Act 2011 (A1393)

A1393 amended the Merchant Shipping Ordinance 1952 ("Ordinance") inter alia to provide the implementation of the Convention on Limitation of Liability for Maritime Claims 1976 as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976 ("Convention") in Malaysia.

A1393 came into force in West Malaysia and Federal Territory of Labuan on 1 March 2014. Note: East Malaysia of Sabah and Sarawak remained to be governed by the 1957 Limitation of Liability Convention.

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The second is the implementation of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001.

Merchant Shipping (Oil Pollution) (Amendment) Act 2011 (A1394)

A1394 amended the Merchant Shipping (Oil Pollution) Act 1994 ("Act 515") to provide for matters relating to the implementation of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 ("Bunkers Convention") in Malaysia.

A1394 came into force throughout Malaysia on 1 March 2014.

The Act 515 is now to be cited as the "Merchant Shipping (Liability and Compensation for Oil and Bunker Oil Pollution) Act 1994"

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These legal developments are significant and Members are asked to note the same accordingly, particularly if trading to and from Malaysia or traversing Malaysian national waters forms part of Members' trading patterns.

In case of further query, Members are asked to contact the Association: lossprevention@skuld.com