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LAWS OF MALAYSIA
REPRINT
Act 630
LANGKAWI INTERNATIONAL
YACHT REGISTRY ACT 2003
Incorporating all amendments up to 1 January 2006 PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
LANGKAWI INTERNATIONAL YACHT REGISTRY
ACT 2003
Date of Royal Assent ... ... ... ... ... 29 July 2003 Date of publication in the Gazette ... ... 7 August 2003 PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2004
3
LAWS OF MALAYSIA
Act 630
LANGKAWI INTERNATIONAL YACHT REGISTRY
ACT 2003
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Appointment, authorization and delegation by the Director General PART II
ESTABLISHMENT, ADMINISTRATION AND
OPERATION OF THE LANGKAWI INTERNATIONAL
YACHT REGISTRY
4. Establishment of the Langkawi International Yacht Registry
5. Administration and operation of Registry PART III
REGISTRATION OF YACHTS AND YACHTING ENTITIES
DIVISION 1
REGISTERS
6. Registers
7. Rectification of Registers 4 Laws of Malaysia ACT 630
DIVISION 2
REGISTRATION OF YACHTS
Section
8. Registration
9. Application for registration 9A. Interim Registration in the course of transfer of ownership of yacht or share
10. Certificate of registry
11. Status of certificate of registry
12. Registration anew on change of ownership 12A. Registration of alterations
13. New certificate of registry
14. Duplicate certificate of registry
15. Prohibition of registration
16. Refusal to register yacht
17. Termination of registration of yacht DIVISION 3
PRELIMINARY REQUIREMENTS FOR
REGISTRATION OF YACHTS
18. Inspection and tonnage measurement of yacht
19. Name of yacht
20. Marking of yacht DIVISION 4
REGISTRATION OF YACHTING ENTITIES
21. Application for registration
22. Certificate of registration
23. Refusal to register yachting entity
24. Termination of registration of yachting entity DIVISION 5
REGISTRATION OF BAREBOAT CHARTERED YACHTS
25. Registration of bareboat chartered yacht
26. Refusal to register bareboat chartered yacht 5Langkawi International Yacht Registry
27. Termination of registration of bareboat chartered yacht
28. Transfer, transmission and mortgage not applicable
29. Permission to register a yacht in a bareboat charter registry of another jurisdiction
DIVISION 6
PROPRIETARY INTERESTS IN YACHTS
Chapter 1
General
30. Rights of owner and mortgagee Chapter 2
Transfers and Transmissions
31. Transfer of yacht or share
32. Transmission of yacht or share
33. Transfer pursuant to sale by Court 33A. Power of Court
Chapter 3
Mortgages
34. Mortgage of yacht or share
35. Priority of registered mortgage
36. Registered mortgagee's power of sale 36A. Mortgage not affected by bankruptcy
37. Transfer of registered mortgage
38. Protection of registered mortgagor
39. Transmission of mortgage by operation of law
40. Discharge of registered mortgage DIVISION 7
NATIONALITY OF YACHTS
41. Nationality and colours of Langkawi yacht
42. Langkawi yacht carrying improper colours Section
6 Laws of Malaysia ACT 630
PART IV
CREW MEMBERS OF YACHT
DIVISION 1
TRAINING, CERTIFICATION AND QUALIFICATION OF
MASTERS AND CREW MEMBERS AND MANNING
OF YACHTS
Section
43. Interpretation
44. Training, certification and qualification of master and crew members
45. Manning where yacht goes on a voyage or otherwise is not on a voyage
46. Certificated persons to be employed as master and crew members DIVISION 2
CONDITIONS OF SERVICE, EMPLOYMENT
AND DISCHARGE
46A. Application of this Act for the employment of master or crew member
47. Crew member agreement
48. Obligation of owner with respect to seaworthiness of yacht
49. Discharge of crew member 49A. Payment of crew member's wages
49B. Account of wages
50. Protection of certain rights and remedies
51. Remedies of master for remuneration, disbursements and liabilities 51A. Restriction on assignment of and charge upon wages DIVISION 3
DOCUMENTS AND RETURNS
52. Official logbook
53. Crew member identity document
54. Discharge book
55. List of crew members
56. Handing over of documents on change of master 7Langkawi International Yacht Registry
DIVISION 4
RELIEF AND REPATRIATION
Section
57. Relief and return of crew members left behind or shipwrecked PART V
TRANSFER OF FUNCTIONS
58. Power to grant a licence to provide for the transfer of functions PART VI
INVESTIGATION
59. Power to investigate PART VII
MISCELLANEOUS
60. Regulations 60A. Variation of fees
60B. Modifications of forms
61. Requirement for insurance cover 61A. Electronic filing of documents
61B. Expenses for transmission of documents
62. Contravention 8 Laws of Malaysia ACT 630
9Langkawi International Yacht Registry
LAWS OF MALAYSIA
Act 630
LANGKAWI INTERNATIONAL YACHT REGISTRY
ACT 2003
An Act to provide for the establishment of an international registry in Langkawi for yachts and yachting entities, including its administration and operation, and for matters connected with it. [2 October 2003, P.U. (B) 301/2003]
ENACTED by the Parliament of Malaysia as follows: PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be cited as the Langkawi International Yacht Registry Act 2003.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Interpretation
2. In this Act, unless the context otherwise requires-- "crew member" includes every person, other than the master and pilot, employed or engaged in any capacity on board a yacht; "Yachting Entities Register" means the Langkawi International Yachting Entities Register maintained under section 6; "Yachts Register" means the Langkawi International Yachts Register maintained under section 6;
"prescribed" means prescribed by regulations;
10 Laws of Malaysia ACT 630
"yachting entity" means a company, partnership, limited partnership, society, association or other body of persons with yacht-related interests, regardless of its place of incorporation or establishment, and whether or not the instrument of its creation and existence, expressly or by operation of law, confers or recognizes its capacity under the law to sue and be sued in its own name or in the name of its lawful fiduciary or legal representative; "surveyor" means a person authorized by the Director General under subsection 3(3);
"yacht" means a yacht used for sports, pleasure or recreation, and includes a commercial yacht and a private yacht; "Langkawi yacht" means a yacht registered under this Act; "commercial yacht" means a yacht that is in commercial use; "private yacht" means a yacht in private use solely for the sports, pleasure or recreation of the owner, and for the purpose of this definition "owner" includes--
(a) where the owner is an individual, his immediate family members and friends;
(b) where the owner is any other entity, its officers, shareholders or other beneficial owners, beneficiaries or members, and their immediate family members and friends; or (c) a lessee or charterer;
"bareboat chartered yacht" means a yacht registered under section 25;
"commercial use" means the use of a yacht to carry passengers for hire, but does not include a bareboat charter for private use, and the acceptance by the owner of the yacht of a contribution to the actual cost of the yacht or its operation pro-rated for the period of the voyage;
"private use" means the use of a yacht for a private voyage, where during such voyage the yacht is not in commercial use or otherwise offered to the public for its use;
"Director General" means the Director of Marine appointed under subsection 8(l) of the Merchant Shipping Ordinance 1952 [Ord. 70/1952];
11Langkawi International Yacht Registry
"Court" means a court of competent jurisdiction in Malaysia, or in relation to the proceedings in question, any court having jurisdiction in the matter to which the proceedings relate;
"Minister" means the Minister charged with the responsibility for merchant shipping;
"master" means every person, other than a pilot, having the command or charge of a yacht, and includes a skipper of a yacht; "authorized officer" means an officer appointed under subsection 3(l);
"Registry" means the Langkawi International Yacht Registry; "primary registry" means the registry in which the yacht is registered at the time an application is made to register the yacht as a bareboat chartered yacht under this Act, and "primary registration" shall be construed accordingly;
"voyage" includes excursion;
"owner", in relation to a yacht, means the registered owner, and includes a bareboat charterer, a managing owner and a managing agent;
"certificate of registry" means a certificate of registry issued to a yacht registered under this Act, and includes an interim certificate of registry and a certificate of bareboat charter registry; "certificate of bareboat charter registry" means a certificate of registry issued to a bareboat chartered yacht registered under section 25;
"tonnage certificate" means the tonnage certificate issued under section 18;
"regulations" means regulations made under this Act; "closure transcript" means a certified extract from the Yachts Register showing that the entry in the Register in respect of a Langkawi yacht has been closed, the date of its closure, and the details about the yacht and its ownership at the time of closure. 12 Laws of Malaysia ACT 630
Appointment, authorization and delegation by the Director General
3. (1) The Director General may appoint public officers as authorized officers, either generally or particularly, for the purpose of implementing this Act or any orders, regulations or rules made under this Act, and every appointment shall be made in writing. (2) The Director General may delegate the exercise of any of the powers conferred upon him under this Act, except his power of delegation, to an authorized officer.
(3) The Director General may authorize any person to conduct any survey, measurement and inspection of yachts under this Act. PART II
ESTABLISHMENT, ADMINISTRATION AND OPERATION
OF THE LANGKAWI INTERNATIONAL YACHT REGISTRY
Establishment of the Langkawi International Yacht Registry
4. (1) An international registry for yachts and yachting entities by the name of "Langkawi International Yacht Registry" is established in Langkawi.
(2) The port of registry for yachts registered under this Act shall be Langkawi.
Administration and operation of Registry
5. The Registry shall be administered and operated by the Director General.
PART III
REGISTRATION OF YACHTS AND YACHTING ENTITIES
DIVISION 1
REGISTERS
Registers
6. (1) The Director General shall maintain a Langkawi International Yachts Register and a Langkawi International Yachting Entities Register.
13Langkawi International Yacht Registry
(2) The Langkawi International Yachts Register shall be divided into--
(a) Part One for the registration of yachts of any length that are not bareboat chartered;
(b) Part Two for the registration of bareboat chartered yachts; and
(c) Part Three for the registration of yachts under construction. (3) The Yachts Register shall contain particulars of Langkawi yachts and its yacht owners, and their respective interests in the yachts, bareboat charterers, mortgages and interests of mortgagees, and any other prescribed matters.
(4) The Langkawi International Yachting Entities Register shall contain prescribed particulars regarding yachting entities registered under this Act.
(5) No yacht shall be registered under more than one Part of the Yachts Register at the same time, but registration may be transferred from one Part to another Part of the Register as may be appropriate according to the particular circumstances.
(6) The Yachts Register and the Yachting Entities Register may consist of both manual and electronic records, or such other records as the Director General may consider necessary and expedient. (7) Any person may, on an application to the Director General and on payment of the prescribed fee, obtain a certified extract of the entries in the Yachts Register or the Yachting Entities Register. Rectification of Registers
7. The Director General shall be entitled to rectify the Yachts Register or the Yachting Entities Register if--
(a) a clerical error has occurred; or
(b) sufficient evidence is produced to satisfy him that the entry is incorrect,
and on making the rectification he shall, where necessary, issue a new certificate of registry in respect of the yacht, or a new certificate of registration in respect of the yachting entity. 14 Laws of Malaysia ACT 630
DIVISION 2
REGISTRATION OF YACHTS
Registration
8. (1) A yacht is entitled to be registered under this Act if it is owned by--
(a) a Malaysian citizen or a non-Malaysian individual; or (b) a yachting entity registered under this Act.
(2) A yacht registered under this Act shall not be registered in any other jurisdiction, except pursuant to the permission granted under section 29.
Application for registration
9. (1) An application for the registration of a yacht shall be made to the Director General in the prescribed form and shall comply with the prescribed conditions.
(2) Every application for registration shall be accompanied with the prescribed fee and such documents as may be required by the Director General.
(3) The Director General may register the yacht and shall enter in the Yachts Register the prescribed particulars. Interim registration in the course of transfer of ownership of yacht or share
9A. (1) An application for the interim registration of a yacht in the course of transfer of ownership of the yacht or a share in the yacht may, subject to the prescribed conditions, be made to the Director General in the prescribed form and shall be accompanied with the prescribed fee.
(2) Upon the interim registration of a yacht, the Director General shall issue in respect of the yacht an interim certificate of registry in the prescribed form.
15Langkawi International Yacht Registry
(3) For the avoidance of doubt--
(a) a yacht registered under this section shall be deemed to be a Langkawi yacht; and
(b) any references to "owner" in this Act shall, during the period of interim registration of the yacht, be deemed to be a reference to the person to whom the ownership of the yacht or the share in the yacht is in the course of being transferred.
Certificate of registry
10. (1) Upon the registration of a yacht, the Director General shall issue a certificate of registry in the prescribed form. (2) The master or owner of a yacht shall not use, or permit the use of, for the purpose of the navigation of the yacht, a certificate of registry not legally issued under this Act and not in force in respect of the yacht.
(3) (Deleted by Act A1249)
Status of certificate of registry
11. A certificate of registry issued in respect of a Langkawi yacht shall be used only for the lawful operation of the Langkawi yacht, and shall not be detained to secure any civil right or claim. Registration anew on change of ownership
12. (1) Where there occurs a change in the ownership of a Langkawi yacht, the owner of the yacht shall, as soon as possible after the change occurs, notify the Director General in writing of such change, and the Director General may, at the request of the new owner, register the yacht anew.
(2) Where a Langkawi yacht is to be registered anew, the Director General shall carry out the same procedure as in the case of a first registration of a yacht, and upon the surrender of the existing certificate of registry for the yacht and upon compliance with all other prescribed conditions for registration, the yacht shall be registered anew and a new certificate of registry shall be issued. (3) Where a Langkawi yacht is registered anew--
(a) its former registration shall be closed, except with regard to any unsatisfied mortgage entered in respect of such registration; and
16 Laws of Malaysia ACT 630
(b) the names of all persons appearing in the former registration to be interested in the yacht as owners or mortgagees shall be entered in the new registration, and the registration anew shall not in any way affect the rights of any such persons.
Registration of alterations
12A. (1) Where a Langkawi yacht is so altered as not to correspond with the particulars relating to its tonnage or description as contained in the Yachts Register, the Director General shall, on an application being made to him by the owner of the yacht and on receipt of a certificate from a surveyor stating the particulars of the alteration, either cause the alteration to be registered or direct that the yacht be registered anew.
(2) For the purpose of the registration of an alteration in a yacht, the certificate of registry shall be produced to the Director General, and either that certificate may be retained by the Director General and a new certificate issued containing a description of the yacht as altered, or an endorsement may be made and signed on the existing certificate of registry consisting of a notation of the alteration.
(3) The particulars of the alteration so made, and the fact of the new certificate of registry having been issued, or an endorsement having been made on the existing certificate of registry, shall be entered in the Yachts Register.
New certificate of registry
13. (1) Where there is any change in the registered particulars recorded in the Yachts Register regarding a Langkawi yacht, its owner or other related matters, the master or owner of the yacht shall immediately deliver the existing certificate of registry for the yacht to the Director General.
(2) The Director General shall cancel the existing certificate of registry and, upon payment of the prescribed fee, issue a new certificate of registry for the yacht.
Duplicate certificate of registry
14. (1) Where the Director General is satisfied upon the submission of proof that the certificate of registry for a Langkawi yacht has been lost, stolen or destroyed or has become defaced or illegible, he may, upon payment of the prescribed fee, issue to the owner 17Langkawi International Yacht Registry
of the yacht a duplicate of the original certificate of registry for the yacht, which shall be marked as such and shall be of the same effect as the original certificate of registry.
(2) Where the duplicate certificate of registry is issued, the original certificate of registry, if then available or if subsequently found or recovered, shall immediately be surrendered to the Director General.
(3) In such circumstances as the Director General deems appropriate, he may issue a facsimile or other electronically transmitted version of the duplicate certificate of registry, which ceases to be valid as soon as the duplicate certificate of registry itself is received by the owner.
Prohibition of registration
15. (1) The Minister may, by a certificate issued to the Director General, prohibit the registration of a yacht under this Part if he is satisfied that such registration is or may be prejudicial to the national interest.
(2) The certificate issued under subsection (1) shall be admissible in evidence and shall be prima facie proof of the facts set out in the certificate without proof of the signature of the Minister to such certificate.
Refusal to register yacht
16. (1) The Director General may refuse to register a yacht if he is satisfied that--
(a) it would be inappropriate for the yacht to be registered having regard--
(i) to the relevant requirements of this Act relating to--
(A) the condition of the yacht or its equipment,
in so far as it is relevant to its safety or any
risk of pollution; and
(B) the safety, health and welfare of persons
employed or engaged on the yacht;
(ii) to the interests of Malaysia or international yachting; or
(iii) to the name that is proposed for the yacht; 18 Laws of Malaysia ACT 630
(b) the prescribed conditions in respect of an application for the registration of the yacht as required under section 9 have not been complied with;
(c) it is possible that the yacht is being used for criminal purposes;
(d) the record of the owner's management and operational quality, including in relation to the matters mentioned in paragraph (c), or subparagraph (a)(i), is unsatisfactory; or
(e) the registration is prohibited under section 15. (2) Where the Director General refuses to register a yacht under this section, he shall serve a notice on the applicant stating that the registration of the yacht is refused and the grounds for such refusal.
Termination of registration of yacht
17. (1) The Director General may terminate the registration of a Langkawi yacht--
(a) if he determines that having regard to the matters mentioned in paragraph 16(l)(c) or (d), or subparagraph 16(1)(a)(i), it would not be in the interest of the Registry or international yachting for the yacht to continue to be registered;
(b) if any fees payable under this Act remain unpaid for a period of more than one year;
(c) if the yacht is no longer entitled to be registered under this Act;
(d) on an application by the owner of the Langkawi yacht stating that he wishes to terminate the registration of the yacht;
(e) upon the yacht becoming a total loss or being otherwise destroyed;
(f) if the yacht, other than a bareboat chartered yacht, at the time of registration remains registered in a place outside Malaysia; or
(g) if the yacht subsequently becomes registered in a place outside Malaysia.
19Langkawi International Yacht Registry
(2) In the event of a Langkawi yacht being in a condition referred to in paragraph (1)(e), every owner of the yacht or a share in the yacht shall, immediately upon obtaining knowledge of the event, inform the Director General and an entry in respect of such matter shall be made in the Yachts Register.
(3) Where the Director General intends to terminate the registration of the yacht in pursuance of paragraph (1)(a), (b), (c), (e), (f) or (g), the Director General shall serve a notice on the owner of the yacht stating that the registration of the yacht is to be terminated and the grounds for such termination.
(4) Before terminating the registration of the yacht, the Director General shall give the owner of the yacht an opportunity to show cause within a period as specified in the notice as to why the registration should not be terminated.
(5) If--
(a) the registration of the yacht is terminated under paragraph (1)(a), (b), (c), (f) or (g)--
(i) the Director General shall notify all the registered mortgagees of the closure of the registration of
the yacht, and the mortgagee's interest in respect of the yacht shall remain registered, except that where it is proved that the mortgagee was privy
to the possibility of the yacht being used for criminal purposes, the Director General shall delete the
registration of the mortgagee's interest in the yacht; and
(ii) the Director General may, at the request of the owner of the yacht, issue a certificate of deletion in the prescribed form confirming that the yacht
has been deleted from the Yachts Register, and
stating the status of any mortgage registered in
respect of that yacht; or
(b) the registration is terminated under paragraph (1)(d) or (e), the Director General shall issue a closure transcript to the owner of the yacht.
20 Laws of Malaysia ACT 630
(6) On receipt of the certificate of deletion or the closure transcript referred to in subsection (5), the owner of the yacht shall-- (a) immediately surrender the certificate of registry for the yacht to the Director General for cancellation; and (b) remove from the yacht the carving and marking required under this Part and send a written confirmation of such removal to the Director General.
DIVISION 3
PRELIMINARY REQUIREMENTS FOR REGISTRATION
OF YACHTS
Inspection and tonnage measurement of yacht
18. (1) Subject to subsection (2), no yacht shall be registered under this Act unless--
(a) it is surveyed and measured, or its tonnage is determined by a surveyor and a tonnage certificate is issued in accordance with the regulations; and
(b) the tonnage certificate in respect of the yacht is submitted to the Director General.
(2) Where a yacht intended to be registered under this Act has already been measured and its tonnage ascertained in a previous registry, the Director General may, without requiring that the yacht be remeasured, treat it as being of the tonnage denoted in the certificate of registry issued by the previous registry. (3) Notwithstanding subsection (1), where in pursuance of subsection (2) the yacht is treated as being of the tonnage denoted in the certificate of registry issued by the previous registry, the Director General shall issue a tonnage certificate in respect of the yacht.
21Langkawi International Yacht Registry
(4) Where the tonnage of any yacht has been ascertained and registered in accordance with the regulations, it shall be deemed to be the tonnage of the yacht and shall be repeated in every subsequent registration of the yacht, except that the tonnage of the yacht may be remeasured and re-registered in accordance with the regulations, where--
(a) any alteration is made in the form or capacity of the yacht; or
(b) it is discovered that the tonnage of the yacht has been erroneously measured.
Name of yacht
19. (1) On making an application for the registration of a yacht, the applicant shall propose a name by which the yacht is to be known.
(2) The requirements regulating the names of yachts to be registered shall be as prescribed.
(3) A person shall not describe a Langkawi yacht by any name other than that name by which the yacht is for the time being registered.
(4) The owner of a Langkawi yacht shall not change the name of the yacht, or cause or permit any such change, without the prior written permission of the Director General.
(5) The Director General shall, where it is shown to his satisfaction that the name of a Langkawi yacht has been changed without his permission, direct that the name of the yacht by which it was registered before the change be restored, and upon such direction, but subject to the regulations on the carving and marking of yachts, the owner of the yacht shall cause that name to be carved and marked on the hull of the yacht.
(6) The Director General may, where there is a contravention of or failure to comply with any requirement or direction given under this section in respect of the yacht, detain the yacht until the contravention ceases or the requirement or direction is complied with, as the case may be.
22 Laws of Malaysia ACT 630
Carving and marking of yacht
20. (1) Every yacht shall, before it is registered, be carved and marked permanently and conspicuously to the satisfaction of the Director General in accordance with the prescribed requirements. (2) Notwithstanding subsection (1), the Director General may, subject to the prescribed conditions, register a yacht before it is carved and marked.
(3) The Minister may exempt any class of yachts or a particular yacht from all or any of the requirements of this section, subject to such conditions as he may impose.
(4) The Director General may, upon receipt of a certificate from a surveyor specifying that a yacht is insufficiently or inaccurately carved and marked, detain the yacht until the insufficiency or inaccuracy has been remedied.
DIVISION 4
REGISTRATION OF YACHTING ENTITIES
Application for registration
21. (1) An application for the registration of a yachting entity shall be made to the Director General in the prescribed form and shall comply with the prescribed conditions.
(2) Every application for registration shall be accompanied with the prescribed fee and such documents as may be required by the Director General.
(3) The Director General may register the yachting entity and shall enter in the Yachting Entities Register the prescribed particulars. Certificate of registration
22. Upon the registration of a yachting entity, the Director General shall issue a certificate of registration in the prescribed form. 23Langkawi International Yacht Registry
Refusal to register yachting entity
23. The Director General may refuse to register a yachting entity if he is satisfied that--
(a) the prescribed conditions in respect of an application for the registration of the yachting entity as required under section 21 have not been complied with; or
(b) it is possible that the yachting entity is involved in criminal activities.
Termination of registration of yachting entity
24. (1) The Director General may terminate the registration of a yachting entity where he determines that, having regard to the matters mentioned in section 23, it would not be in the interest of the Registry for the yachting entity to continue to be registered. (2) Where the Director General intends to terminate the registration of the yachting entity, he shall serve a notice to the yachting entity stating that the registration of the yachting entity is to be terminated and the grounds for the termination.
(3) Before terminating the registration of the yachting entity, the Director General shall give the yachting entity an opportunity to show cause within a period as specified in the notice as to why the registration should not be terminated.
DIVISION 5
REGISTRATION OF BAREBOAT CHARTERED YACHTS
Registration of bareboat chartered yacht
25. (1) A yacht is entitled to be registered under this section if-- (a) it is registered under the laws of a country other than Malaysia, being the country of primary registration; (b) it is chartered on bareboat charter terms to a person who is qualified to own a yacht under this Act;
(c) it is operated under a bareboat charter which complies with the prescribed requirements; and
24 Laws of Malaysia ACT 630
(d) in respect of the yacht, the primary registry has granted permission to the bareboat charterer to register the yacht in a bareboat charter registry of another jurisdiction. (2) An application for the registration of a yacht under this section shall be made to the Director General in the prescribed form, and shall comply with the prescribed conditions. (3) Every application for registration shall be accompanied with the prescribed fee and such documents as may be required by the Director General.
(4) The Director General may register the yacht and shall enter in the Yachts Register the prescribed particulars. (5) Upon the registration of the yacht, the Director General shall issue a certificate of bareboat charter registry in the prescribed form.
(6) The registration of the yacht under this section shall, unless terminated under section 27, remain in force until the end of the bareboat charter period and shall then terminate. (7) Where a yacht is registered under this section or where the registration of a yacht is terminated in pursuance of section 27, the particulars in respect of such yacht shall be notified to the authority in the country of primary registry.
(8) A bareboat chartered yacht registered under this section shall for the purposes of this Act be treated as a Langkawi yacht and the requirements pertaining to a Langkawi yacht under this Act shall apply to such yacht to the extent that they are relevant. (9) Where a bareboat chartered yacht is registered under this section, neither the rights nor proprietary interests of the owner in respect of the yacht, nor the rights and obligations of any parties to a contract, bill of sale, mortgage, charge or other instrument creating or disposing of a legal or equitable interest in the yacht, whether existing at the date of registration of the yacht under this section or created after that date, shall be affected by such registration or governed by this Act.
25Langkawi International Yacht Registry
Refusal to register bareboat chartered yacht
26. (1) The Director General may refuse to register a yacht under section 25 if--
(a) it is evident that--
(i) the owner of the yacht has not consented to the registration of the yacht under this Act; or
(ii) a mortgagee of the yacht has not consented to the registration of the yacht under this Act;
(b) the tonnage of the yacht cannot be determined in accordance with this Act or the regulations;
(c) the yacht cannot be carved and marked in accordance with this Act;
(d) the yacht would be precluded by some other law to which it is subject from flying the national colours as stipulated in section 41; or
(e) the bareboat charter has an unexpired period of less than one year on the date when the application to register the yacht is made.
(2) Section 16 shall, with necessary modifications, also apply in respect of a yacht entitled to be registered under section 25 as if the yacht was entitled to be registered under sections 8 and 9. Termination of registration of bareboat chartered yacht
27. (1) The Director General shall, if he is satisfied terminate the registration of a bareboat chartered yacht--
(a) where it ceases to be operated under a bareboat charter, whether by reason of the termination of the bareboat charter or otherwise;
(b) where the transfer by the bareboat charterer of his rights and obligations under the charter-party causes the registration of the bareboat chartered yacht to cease; (c) where the primary registry in respect of the yacht is closed or annulled; or
26 Laws of Malaysia ACT 630
(d) where the permission referred to in paragraph 25(1)(d) is revoked or withdrawn.
(2) Section 17 shall, with necessary modifications, also apply in respect of a yacht entitled to be registered under section 25 as if the yacht was entitled to be registered under sections 8 and 9. (3) Where the Director General intends to terminate the registration of the bareboat chartered yacht, the Director General shall serve a notice on the bareboat charterer stating that the registration of the yacht is to be terminated and the grounds for such termination. (4) Before terminating the registration of the bareboat chartered yacht, the Director General shall give an opportunity to the bareboat charterer to show cause within a period as specified in the notice as to why the registration should not be terminated. Transfer, transmission and mortgage not applicable
28. The provisions of Division 6 of this Part relating to transfers, transmissions and mortgages shall not apply to a bareboat chartered yacht registered under section 25.
Permission to register a yacht in a bareboat charter registry of another jurisdiction
29. (1) The Director General may, subject to such conditions as may be prescribed, grant permission to the owner of a Langkawi yacht to register the yacht in the bareboat charter registry of another jurisdiction.
(2) The owner of a Langkawi yacht who intends to register the yacht in a bareboat charter registry of another jurisdiction shall apply to the Director General in writing and provide such particulars as may be prescribed.
(3) Save for the registration of ownership and mortgages, if any, which shall remain intact in the Registry, the registration of the Langkawi yacht under this Act shall be suspended while the yacht is registered in a bareboat charter registry of another jurisdiction. 27Langkawi International Yacht Registry
(4) The owner of the Langkawi yacht that is registered in a bareboat charter registry of another jurisdiction shall immediately surrender the certificate of registry for the yacht issued under this Act once the registration has been completed.
(5) The Director General may revoke the permission granted under subsection (1)--
(a) where the yacht ceases to be registered in the bareboat charter registry at which it is registered;
(b) where the bareboat charter terminates, whether upon its expiry or otherwise;
(c) upon an application from the owner or registered mortgagee of the yacht to terminate the permission granted in pursuance of subsection (1); or
(d) at the request of the authorities of that other jurisdiction in which the yacht is registered as a bareboat chartered yacht.
DIVISION 6
PROPRIETARY INTERESTS IN YACHTS
Chapter 1
General
Rights of owner and mortgagee
30. (1) Subject to any rights and powers appearing in the Yachts Register to be vested in any other person, the owner of a Langkawi yacht or a share in the yacht shall have the power to absolutely dispose of the yacht or the share in the yacht, provided that the disposal is made in accordance with this Act.
(2) Subsection (1) shall not imply that any interests arising under a contract or other equitable interests cannot subsist in relation to a Langkawi yacht or a share in the yacht, and such interests may be enforced by or against the owner or mortgagee in respect of his interest in the yacht or the share in the yacht in the same manner as in respect of any personal property. 28 Laws of Malaysia ACT 630
(3) The owner of a Langkawi yacht or a share in the yacht shall have the power to give effectual receipts for any money paid or advanced by way of consideration on any disposal of the yacht or the share in the yacht.
Chapter 2
Transfers and Transmissions
Transfer of yacht or share
31. (1) Any transfer of a Langkawi yacht or a share in the yacht shall be effected by a bill of sale which complies with the prescribed requirements.
(2) Where a Langkawi yacht or a share in the yacht has been transferred in accordance with subsection (1), the transferee shall not be registered as the owner of the yacht or the share in the yacht unless--
(a) he has made the prescribed application to the Director General; and
(b) the Director General is satisfied that the yacht or the share in the yacht continues to be owned to the prescribed extent by a person who is qualified to own a yacht or a share in the yacht under this Act, and that no other grounds exist on which the registration of the yacht or the share in the yacht may be refused under this Act.
(3) If an application under subsection (2) is approved by the Director General, he shall register the transferee as the owner of the yacht or the share in the yacht.
(4) Bills of sale in respect of a Langkawi yacht or a share in the yacht shall be entered in the Yachts Register in the order in which they are produced to the Director General.
Transmission of yacht or share
32. (1) Where a Langkawi yacht or a share in the yacht is transmitted to any person by any lawful means other than by a transfer under 29Langkawi International Yacht Registry
section 31, that person shall not be registered as the owner of the yacht or the share in the yacht unless--
(a) he has made the prescribed application to the Director General; and
(b) the Director General is satisfied that the yacht or the share in the yacht continues to be owned to the prescribed extent by a person who is qualified to own a yacht or a share in the yacht under this Act, and that no other grounds exist on which the registration of the yacht or the share in the yacht may be refused under this Act.
(2) If an application under subsection (1) is approved by the Director General, he shall cause the name of the applicant to be registered as the owner of the yacht or the share in the yacht. Transfer pursuant to sale by Court
33. (1) Where the Court orders the sale of a Langkawi yacht or a share in the yacht, the order of the Court shall contain a declaration vesting in some named person the right to transfer in the yacht or the share in the yacht.
(2) The person so named shall be entitled to transfer the yacht or the share in the yacht. in the same manner and to the same extent as if he were the owner of the yacht or the share in the yacht.
(3) The Director General shall deal with any application relating to the transfer of the yacht or the share in the yacht made by the person so named as if that person were the owner of the yacht or the share in the yacht.
Power of Court
33A. The Court may, if it thinks fit without prejudice to the exercise of any other power of the Court, on the application of any interested person, make an order prohibiting for a time specified, any dealing with a Langkawi yacht or any share in the yacht, and the Court may make the order on any terms or conditions it considers just, may refuse to make the order or may discharge the order when made, with or without costs, and generally may act in the case as the justice of the case requires, and the Director General, without being made a party to the proceedings, shall, on being served with the order or an official copy of the order, comply with the order.
30 Laws of Malaysia ACT 630
Chapter 3
Mortgages
Mortgage of yacht or share
34. (1) A Langkawi yacht or a share in the yacht may be made a security for the repayment of a loan or the discharge of any other obligation.
(2) The instrument creating any such security referred to in this Chapter as a "mortgage" shall be in the prescribed form. (3) Where a mortgage executed in accordance with subsection (2) is produced to the Director General, he shall register the mortgage in the manner prescribed.
(4) For the purposes of subsection (1), "Langkawi yacht" includes a yacht under construction.
Priority of registered mortgage
35. (1) Where two or more mortgages are registered in respect of the same Langkawi yacht or the same share in the yacht, the priority of the mortgagees between themselves shall be determined by the order in which the mortgages are registered. (2) A mortgage in respect of a yacht under construction shall, for the purposes of determining priority under this Act or any other law, and in all other respects, be treated as a registered mortgage of a Langkawi yacht and shall continue to be treated as such until it is discharged, even if the yacht under construction ceases to be registered under this Act; and a yacht under construction shall, for the purposes of a mortgage in respect of the yacht under construction under this Act or any other law, be treated as maritime property. Registered mortgagee's power of sale
36. (1) Subject to subsection (2), every registered mortgagee of a Langkawi yacht or a share in the yacht shall have, where the mortgage money or any part of it is due, the power to sell the Langkawi yacht or the share in the yacht and to give effectual receipts for the purchase money.
31Langkawi International Yacht Registry
(2) Where two or more mortgagees are registered in respect of the same Langkawi yacht or the same share in the yacht, a subsequent mortgagee shall not, except under an order of the Court, sell the yacht or the share in the yacht without the concurrence of every prior mortgagee.
Mortgage not affected by bankruptcy
36A. A registered mortgage of a Langkawi yacht or a share in the yacht shall not be affected by any act of bankruptcy committed by the mortgagor after the date of the registration of the mortgage, notwithstanding that the mortgagor at the commencement of his bankruptcy had the yacht or the share in the yacht in his possession, order or disposition, or was the reputed owner of the yacht or the share in the yacht, and the mortgage shall be preferred to any right, claim or interest in the yacht or the share in the yacht of the other creditors of the bankrupt or of any trustee or assignee on their behalf.
Transfer of registered mortgage
37. (1) A registered mortgage in respect of a Langkawi yacht or a share in the yacht may be transferred by an instrument made in the prescribed form.
(2) Where such instrument is produced to the Director General, he shall register the transferee in the prescribed manner. Protection of registered mortgagor
38. Where a Langkawi yacht or a share in the yacht is subject to a registered mortgage--
(a) except so far as may be necessary for making the yacht or the share in the yacht available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be treated as the owner of the yacht or the share in the yacht; and
(b) the mortgagor shall be treated as not having ceased to be the owner of the yacht or the share in the yacht. 32 Laws of Malaysia ACT 630
Transmission of mortgage by operation of law
39. Where the interest of a mortgagee in a registered mortgage in respect of a Langkawi yacht or a share in the yacht is transmitted to any person by any lawful means other than by a transfer under section 37, the Director General shall on production of the prescribed evidence cause the name of that person to be entered in the Yachts Register as the mortgagee of the yacht or the share in the yacht. Discharge of registered mortgage
40. Where a registered mortgage in respect of a Langkawi yacht or a share in the yacht has been discharged, the Director General shall, on production of the mortgage deed and such evidence of the discharge of the mortgage as may be prescribed, cause an entry to be made in the Yachts Register to the effect that the mortgage has been discharged.
DIVISION 7
NATIONALITY OF YACHTS
Nationality and colours of Langkawi yacht
41. (1) A Langkawi yacht shall possess Malaysian nationality. (2) The Langkawi yacht shall fly the national colours that shall be the red ensign, with such modification as may be approved by the Director General.
Langkawi yacht carrying improper colours
42. Where any distinctive national colours, other than the red ensign are hoisted on board any Langkawi yacht, the Director General may detain the yacht until the proper national colours as stipulated in section 41 are hoisted on board the yacht. 33Langkawi International Yacht Registry
PART IV
CREW MEMBERS OF YACHT
DIVISION 1
TRAINING, CERTIFICATION AND QUALIFICATION OF
MASTERS AND CREW MEMBERS AND MANNING
OF YACHTS
Interpretation
43. In this Part, "going on a voyage" includes going on a voyage from any country outside Malaysia.
Training, certification and qualification of master and crew members
44. The training, certification and qualification of the master and crew members of a Langkawi yacht shall be as prescribed. Manning where yacht goes on a voyage or otherwise is not on a voyage
45. (1) A Langkawi yacht shall be manned in accordance with the yacht safe manning document issued by the Director General in the prescribed form and with the prescribed conditions. (2) Where a Langkawi yacht is not on a voyage and not in safe habourage where it may be left unattended, a sufficient number of crew members shall be on board the yacht at all times to adequately respond to any situation such as fire, sinking or other emergencies which may affect the safety of the yacht and its personnel, and the environment.
(3) If--
(a) a Langkawi yacht goes or attempts to go on a voyage in contravention of subsection (1); or
(b) a Langkawi yacht does not have a sufficient number of crew members as required under subsection (2),
the yacht, if in Malaysia, may be detained by the Director General until the contravention ceases.
34 Laws of Malaysia ACT 630
Certificated persons to be employed as master and watchkeeping crew members
46. The owner of a Langkawi yacht shall employ only certificated master and watchkeeping crew members on the yacht. DIVISION 2
CONDITIONS OF SERVICE, EMPLOYMENT AND
DISCHARGE
Application of this Act for the employment of master or crew member
46A. The provisions of this Act shall apply in respect of the employment of a master or crew member of a Langkawi yacht. Crew member agreement
47. (1) An agreement in writing shall be made between each person employed as a crew member on a Langkawi yacht and the person employing him, and shall be signed both by him and by or on behalf of them.
(2) The agreements made under this section with several persons employed on a Langkawi yacht shall be contained in one document, which in this Part is referred to as the "crew member agreement", but if the Director General so approves--
(a) the agreements to be made under this section with the persons employed on a Langkawi yacht may be contained in more than one crew member agreement; and
(b) one crew member agreement may relate to more than one Langkawi yacht.
(3) The form and contents of the crew member agreement shall be as approved by the Director General, and different crew member agreements with different forms and contents may be so approved for different circumstances.
(4) The master or owner of the yacht shall ensure that the crew member agreement is carried in such manner as may be prescribed on the Langkawi yacht to which it relates whenever the yacht goes on a voyage.
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(5) An individual contract in respect of the employment of a crew member of a Langkawi yacht shall be null and void to the extent that it is contrary to or inconsistent with the terms of a crew member agreement made pursuant to this section.
(6) The Director General may grant exemptions in respect of certain Langkawi yachts and crew members from the requirements of this section where he determines that the crew members to be employed otherwise than under a crew member agreement will be adequately protected.
(7) Where an examption is granted under subsection (6), a copy of the document evidencing the examption shall be carried on board the Langkawi yacht.
Obligation of owner with respect to seaworthiness of yacht
48. (1) In every contract of employment between the owner of a Langkawi yacht and the master, or a crew member employed on the Langkawi yacht, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that he, the master and every agent charged with the loading of the yacht, or the preparing or sending of the yacht on a voyage, shall use all reasonable means--
(a) to ensure the seaworthiness of the yacht at the time when the yacht goes on a voyage; and
(b) to keep the yacht in a seaworthy condition during the voyage.
(2) Nothing in subsection (1) shall subject the owner of the yacht to any liability by reason of the yacht being sent on a voyage in an unseaworthy state where, owing to special circumstances, the sending of the yacht on the voyage in such a state was reasonable and justifiable.
Discharge of crew member
49. (1) The discharge of a crew member from a Langkawi yacht shall comply with the prescribed procedures, which includes procedures to be followed in respect of crew members left behind in a port or place otherwise than by discharge from the yacht. 36 Laws of Malaysia ACT 630
(2) Where a Langkawi yacht ceases to be registered in Langkawi under this Act, any crew member employed in the yacht shall be deemed to be discharged from the yacht whether or not he is actually discharged, unless he consents in writing to continue his employment in the yacht, in which case, sections 49A and 49B shall apply in relation to his wages as if the yacht had remained a Langkawi yacht.
Payment of crew member's wages
49A. (1) Where a crew member of a Langkawi yacht employed under a crew member agreement is discharged, the wages due to him under the agreement shall be paid to him in full at the time of his discharge.
(2) If any amount payable to a crew member is not paid in accordance with subsection (1), the crew member shall be entitled to wages at the rate last payable under the crew member agreement for every day on which it remains unpaid during the period of fifty-six days following the time of discharge; and if any amount payable by virtue of this subsection remains unpaid after the end of that period, it shall carry interest at the rate of twenty per cent per annum.
(3) Subsection (2) shall not apply if the failure to pay the wages was due to--
(a) a reasonable dispute as to liability;
(b) the act or default of the crew member; or
(c) any other cause, not being the wrongful act or default of the persons liable to pay the crew member's wages or of their servants or agents.
Account of wages
49B. (1) The master of every Langkawi yacht shall deliver to every crew member employed on the yacht under a crew member agreement an account of the wages due to him under that crew member agreement and of the deductions subject to which the wages are payable.
(2) The account shall be delivered not later than twenty-four hours before the time of discharge of the crew member or, if he is discharged without notice or at less than twenty-four hours notice, at the time of his discharge.
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Protection of certain rights and remedies
50. (1) A crew member's lien, his remedies for the recovery of his wages, his right to wages in the case of the wreck or loss of the Langkawi yacht on which he served, and any right he may have or obtain in the nature of salvage shall not be renounced by any agreement.
(2) Subsection (1) does not affect the terms of any agreement made with the master or crew member belonging to a Langkawi yacht which is employed on salvage services, where the terms of that agreement provide for remuneration to be paid to the master or crew member for salvage services rendered by that yacht. Remedies of master for remuneration, disbursements and liabilities
51. The master of a Langkawi yacht shall have the same lien, for his remuneration and all disbursements or liabilities properly made or incurred by him on account of the yacht, as a crew member has for his wages.
Restriction on assignment of and charge upon wages 51A. With respect to wages due or accruing to a master or crew member employed on a Langkawi yacht--
(a) the wages shall not be subject to attachment; (b) an assignment of the wages before they have accrued shall not bind the master or crew member, and the payment of the wages to the master or crew member shall be valid notwithstanding any previous assignment or charge; and (c) a power of attorney or authority for the receipt of the wages shall not be irrevocable.
DIVISION 3
DOCUMENTS AND RETURNS
Official logbook
52. (1) The master of every Langkawi yacht shall maintain an official logbook in which shall be recorded all the records of the yacht as may be prescribed, and the official logbook shall be carried on board the yacht.
38 Laws of Malaysia ACT 630
(2) The master of the Langkawi yacht shall cause the official logbook to be delivered to the Director General when the crew member agreement expires.
Crew member identity document
53. (1) Every crew member employed on board a Langkawi yacht shall be in possession of a valid crew member identity document issued in accordance with the regulations.
(1A) An application for a crew member identity document shall be made to the Director General in the prescribed form, and shall be accompanied with the prescribed fee.
(2) For the purposes of this section and section 54, "crew member" includes the master of the Langkawi yacht.
Discharge book
54. (1) The Director General may issue to a crew member who is employed or has been employed on board a Langkawi yacht a discharge book containing the prescribed particulars, including particulars with respect to the holder of the discharge book. (2) The Director General may require the crew member to apply for a discharge book in the prescribed form and shall be accompanied with the prescribed fee.
(3) The Director General may re-issue or withdraw a discharge book.
List of crew members
55. (1) The master of a Langkawi yacht shall ensure that the particulars of every crew member employed on board the yacht are entered in a list of crew members as approved by the Director General.
(2) The list of crew members shall be kept updated where changes are made relating to the employment of the crew members. 39Langkawi International Yacht Registry
(3) The list of crew members shall be kept on board the Langkawi yacht and shall be available for inspection at all times, and the owner of the yacht shall submit the list of crew members to the authorized officer in the prescribed manner.
Handing over of documents on change of master
56. Where a person ceases to be the master of a Langkawi yacht, he shall deliver or cause to be delivered to his successor the documents relating to the yacht and its crew members which are in his custody.
DIVISION 4
RELIEF AND REPATRIATION
Relief and return of crew members left behind or shipwrecked
57. (1) Where any person employed as a crew member on a Langkawi yacht is left behind in any country outside Malaysia or is taken to such a country on being shipwrecked, the owner of the yacht shall make provisions for his return and for his relief and maintenance until his return, and such other provisions as may be prescribed.
(2) For the purposes of subsection (1), the Director General may issue a conveyance order to the master of the Langkawi yacht to convey the person to a place determined in accordance with the regulations.
(3) This section applies to a person left behind on being discharged in pursuance of section 49, whether or not at the time he is left behind the yacht is still registered under this Act. (4) Where a person left behind in or taken to any country chooses to remain there after the end of the period of three months, the owner of the yacht shall not be liable to make provision for his return or for any matters arising after the end of the period. 40 Laws of Malaysia ACT 630
PART V
TRANSFER OF FUNCTIONS
Power to grant a licence to provide for the transfer of functions
58. (1) The Director General shall have the power to grant licences on such conditions as the Director General may think fit to any person to undertake, under a privatization plan, any of the Director General's functions in relation to the administration and operation of the Registry.
(2) Before exercising his powers under subsection (1), the Director General shall prepare and submit to the Minister a privatization plan for his approval.
(3) No privatization plan shall be put into effect until it has been approved by the Minister.
(4) Without prejudice to the generality of subsection (1), every licence issued under this section shall set out the following matters: (a) the functions performed by the licensee;
(b) the compliance by the licensee of the performance standards determined by the Director General;
(c) the duration of the licence;
(d) the annual fee payable by the licensee;
(e) the particular duties of the licensee in respect of the functions performed by it; and
(f) such other matters or conditions as the Director General thinks fit.
(5) The Minister may make regulations for the purposes of subsection (1).
(6) In particular, but without prejudice to the generality of subsection (5), the Minister may make regulations-- (a) to prescribe the charges, fees or levy which shall be paid to the licensee in respect of the functions performed by the licensee;
41Langkawi International Yacht Registry
(b) to prescribe the qualifications of persons to be employed by the licensee and to regulate their competency; (c) to prescribe the type of records to be kept by the licensee; (d) to prescribe the type of returns to be submitted by the licensee to the Director General at certain intervals; and (e) to regulate the inspection by the Director General of the premises of the licensee and the records kept at the premises. (7) The Minister may, by order published in the Gazette, authorize a licensee to demand, collect and retain charges, fees or levy prescribed under subsections (5) and (6) in respect of the functions performed by the licensee.
(8) An order made under subsection (7) shall specify-- (a) the type of functions in respect of which charges, fees or levy may be demanded, collected and retained;
(b) the right of the licensee to demand, collect and retain the charges, fees or levy; and
(c) the duration of the right to demand, collect and retain the charges, fees or levy.
(9) The licensee authorized under subsection (7) shall-- (a) maintain such accounts, books and records in respect of the payment and collection of charges, fees or levy as the Director General may require;
(b) furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the Director General may require; and
(c) permit the Director General or any authorized officer to have access to, or examine or inspect any document, machinery or equipment maintained or used for the payment or collection of charges, fees or levy.
(10) In pursuance of the licence granted under subsection (1), the licensee shall make to the Government such payment as may be agreed between the parties.
42 Laws of Malaysia ACT 630
(11) The licensee under subsection (7) shall not render the Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the licensee to perform his obligations under this Act in respect of which charges, fees or levy are demanded, collected and retained.
(12) If without reasons acceptable to the Director General the licensee contravenes or fails to comply with any condition of the licence or any of the provisions of this section or the regulations made under this section and fails to remedy such contravention or failure within a stipulated time period, the Director General may revoke the licence granted to the licensee in pursuance of subsection (1).
PART VI
INVESTIGATION
Power to investigate
59. Investigation of the contravention of any provisions under this Act may, without prejudice to the provisions of any other written law relating to investigations, be conducted by an authorized officer.
PART VII
MISCELLANEOUS
Regulations
60. (1) The Minister may make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the regulations may--
(a) provide for the manner in which, and the time within which, applications in connection with the registration of yachts, including bareboat chartered yachts and yachting entities, are to be made, and the information and documents to be provided in relation to such applications;
43Langkawi International Yacht Registry
(b) provide for the procedure for the registration of yachts, including bareboat chartered yachts and yachting entities, and the conditions to be complied with in respect of the registration;
(c) provide for the procedure for the refusal to register, or the termination or revocation of registration of, yachts, including bareboat chartered yachts and yachting entities; (d) provide for the keeping of the Registers, the entries to be made in the Registers and the inspection of the Registers; (e) provide for the issuance of certificates of registry and other certificates under this Act, their production and surrender and matters to be recorded or endorsed on the certificates;
(f) regulate and provide for the procedure for the names of yachts to be registered, the reservation of names for yachts and the change of the names of yachts;
(g) provide for the numbering, and the carving and marking of yachts registered or to be registered;
(h) provide for the inspection, measurement and survey of yachts for the purpose of ascertaining the tonnage of the yachts, and the issuance of tonnage certificates, including the cancellation and delivery up of the certificates; (i) provide for matters regarding the transfers, transmissions and mortgages of Langkawi yachts or any share in the yachts, including the form of instruments involved in the transactions;
(j) prescribe the forms for the purposes of this Act; (k) prescribe and provide for the fees payable in connection with the provision of any service by the Director General or any other matter under this Act, including the annual tonnage dues, the manner for collecting and disbursing such fees and for matters relating to the failure to pay such fees;
(l) provide for matters relating to Langkawi yachts that are operated under bareboat charter;
(m) regulate and provide for the procedure in respect of Langkawi yachts to be registered in a bareboat charter registry of another jurisdiction;
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(n) provide for the safety, health and welfare of persons on board a Langkawi yacht, and for protecting the health of such persons;
(o) provide for giving effect to relevant provisions of any international conventions and other treaty instruments to which Malaysia is a party, in so far as they relate to maritime safety, maritime security and the protection of the marine environment pertaining to yachts;
(p) provide for the development of codes regulating matters concerning maritime safety, maritime security, protection of the marine environment and any other technical and crew related matters in respect of Langkawi yachts; (q) provide for the procedures in respect of the employment and discharge, and conditions of service of masters and crew members;
(r) provide for the keeping, maintenance and surrender of documents in relation to the master and crew members; (s) provide for the training, certification and qualification of masters and crew members, including the standards of competence to be attained, and the manning of Langkawi yachts;
(t) provide for any matter under this Act which is required or permitted to be prescribed.
Variation of fees
60A. The Minister may, whenever it appears to him to be necessary or expendient, make such variation to the prescribed fees as he may think fit.
Modification of forms
60B. The Director General may make such modifications to the prescribed forms as he deems necessary and proper. Requirement for insurance cover
61. Every Langkawi yacht shall carry insurance cover against risks of loss and damage to third parties, in particular the owner's liabilities to a crew member, and in respect of the removal of the yacht in the event that the yacht is abandoned or becomes a wreck. 45Langkawi International Yacht Registry
Electronic filing of documents
61A. (1) The Director General may provide a service for the electronic filing or lodging of any documents required by this Act or the regulations made under it to be submitted to the Director General.
(2) A person who intends to use the service provided under subsection (1) shall become a subscriber to the service by paying the prescribed fee and complying with such term and conditions as may be determined by the Director General.
(3) Only a subscriber to the service provided under subsection (1) may electronically file and lodge documents with the Director General.
(4) The Director General may determine the documents that may be electronically filed or lodged.
(5) A document electronically filed or lodged under this section shall be deemed to have satisfied the requirement for the submission of such documents if the document is communicated or transmitted to the Director General in such manner as may be determined by the Director General.
(6) A document that is required to be stamped, signed or sealed shall, if it is to be electronically filed or lodged, be certified or authenticated in such manner as may be determined by the Director General.
(7) A copy of or an extract from any document electronically filed or lodged with the Director General under subsection (1) supplied or issued by the Director General and certified under the hand of the Director General to be a true copy of or an extract from such document shall be admissible in evidence in any proceedings as of equal validity as the original document.
(8) Where a document is electronically filed or lodged with the Director General, the Director General shall not be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or however arising appearing in any document obtained by any person under the service referred to in subsection (1), if such error or omission was made in good faith 46 Laws of Malaysia ACT 630
and in the ordinary course of the discharge of the duties of the Director General or occured or arose as a result of any defect or breakdown in the service or in the equipment used for the provision of the service.
Expenses for transmission of documents
61B. Where in connection with any service, transaction or matter the Director General is of the opinion that expenses have been incurred to transmit information or other documents to places in Malaysia or outside Malaysia by post, telegram, facsimile or other similar means, there shall be payable in addition to the prescribed fee, the expenses incurred in respect of such service, transaction or matter.
Contravention
62. (1) Where any owner of a Langkawi yacht, master or yachting entity contravenes any of the provisions of this Act, the Director General may, except where provided otherwise, revoke the registration of the yacht or the yachting entity, as the case may be. (2) Upon the revocation of the registration under subsection (1), the owner of the yacht or the yachting entity shall surrender to the Director General the certificate of registry or the certificate of registration, respectively.
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LAWS OF MALAYSIA
Act 630
LANGKAWI INTERNATIONAL YACHT REGISTRY
ACT 2003
LIST OF AMENDMENTS
Amending law Short title In force from
Act A1249 Langkawi International Yacht 18-01-2006 Registry (Amendment)
Act 2005
48 Laws of Malaysia ACT 630
LAWS OF MALAYSIA
Act 630
LANGKAWI INTERNATIONAL YACHT REGISTRY
ACT 2003
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2 Act A1249 18-01-2006
6 Act A1249 18-01-2006
8 Act A1249 18-01-2006
9A Act A1249 18-01-2006
10-12 Act A1249 18-01-2006
12A Act A1249 18-01-2006
13-14 Act A1249 18-01-2006
17-20 Act A1249 18-01-2006
25-29 Act A1249 18-01-2006
33-33A Act A1249 18-01-2006
34-35 Act A1249 18-01-2006
36A Act A1249 18-01-2006
38 Act A1249 18-01-2006
45-46 Act A1249 18-01-2006
Division 2 Act A1249 18-01-2006
(Shoulder note)
46A Act A1249 18-01-2006
47 Act A1249 18-01-2006
49 Act A1249 18-01-2006
49A-49B Act A1249 18-01-2006
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50 Act A1249 18-01-2006
51A Act A1249 18-01-2006
53-54 Act A1249 18-01-2006
58 Act A1249 18-01-2006
60 Act A1249 18-01-2006
60A-60B Act A1249 18-01-2006
61A-61B Act A1249 18-01-2006
Section Amending authority In force from
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
50 Laws of Malaysia ACT 630
51Langkawi International Yacht Registry
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