LANGKAWI INTERNATIONAL YACHT REGISTRY ACT 2003

Langkawi International Yacht Registry 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 1 2 LANGKAWI INTERNATIONAL YACHT REGISTRY ACT 2003 Date of Royal Assent ... ... ... … … Date of publication in the Gazette … … 29 July 2003 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 Langkawi International Yacht Registry 5 Section 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 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 Langkawi 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 7 8 Laws of Malaysia ACT 630 Langkawi International Yacht Registry 9 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]; Langkawi International Yacht Registry 11 “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. Langkawi International Yacht Registry 13 (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 electroni