MALAYSIAN MARITIME ENFORCEMENT AGENCY ACT 2004

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 633 MALAYSIAN MARITIME ENFORCEMENT AGENCY ACT 2004 As at 1 April 2018 2 MALAYSIAN MARITIME ENFORCEMENT AGENCY ACT 2004 Date of Royal Assent … ... ... ... … 25 June 2004 Date of publication in the Gazette … … … … 1 July 2004 Latest amendment made by Act A1561 which came into operation on … … … … 11 January 2018 PREVIOUS REPRINTS First Reprint… ... ... ... 2006 3 LAWS OF MALAYSIA Act 633 MALAYSIAN MARITIME ENFORCEMENT AGENCY ACT 2004 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II ESTABLISHMENT OF AGENCY AND APPOINTMENTS 3. Establishment of the Malaysian Maritime Enforcement Agency 4. Appointment of the Director General of the Agency 5. Appointment of other officers of the Agency 5A. Establishment of Malaysian Maritime Volunteer Corps 5B. Members of the Malaysian Maritime Volunteer Corps 5 C. Establishment of Malaysian Maritime Cadet Corps 5D. Enrolment into the Malaysian Maritime Cadet Corps 4 Laws of Malaysia PART III FUNCTIONS AND POWERS OF THE AGENCY Section 6. Functions of the Agency 7. Powers of the Agency 7A. Additional powers PART IV GENERAL 8. Prosecution 9. Report on status of investigation 10. Protection of officers of the Agency 11. Identification 12. Carrying of arms 13. Desertion 14. Mutiny 15. Penalty for causing disaffection 16. Coordination 17. Power during emergency, special crisis or war 18. Standing orders 19. Regulations ACT 633 5 LAWS OF MALAYSIA Act 633 MALAYSIAN MARITIME ENFORCEMENT AGENCY ACT 2004 An Act to establish the Malaysian Maritime Enforcement Agency to perform enforcement functions for ensuring the safety and security of the Malaysian Maritime Zone with a view to the protection of maritime and other national interests in such zone and for matters necessary thereto or connected therewith. [15 February 2005, P.U.(B)67/2005] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Maritime Enforcement Agency Act 2004. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act in different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— 6 Laws of Malaysia ACT 633 “Agency” means the Malaysian Maritime Enforcement Agency established under section 3; “relevant agency” means a body or agency that is for the time being responsible in Malaysia for the enforcement of any federal law which is applicable in the Malaysian Maritime Zone; “offence” means any offence under any federal law which is applicable in the Malaysian Maritime Zone; “Director General” means the Director General of Malaysian Maritime Enforcement appointed under subsection 4(1); “territorial sea” means the territorial waters of Malaysia as determined in accordance with the Emergency (Essential Powers) Ordinance, No. 7 1969 [P.U.(A)307A/1969]; “Minister” means the Minister charged with the responsibility for Malaysian maritime enforcement; “officer of the Agency” includes the Director General and any officer appointed under subsection 5(1); “continental shelf” means the continental shelf of Malaysia as defined under section 2 of the Continental Shelf Act 1966 [Act 83]; “internal waters” means any areas of the sea that are on the landward side of the baselines from which the breadth of the territorial sea of Malaysia is measured; “Malaysian fisheries waters” means the Malaysian fisheries waters as defined under section 2 of the Fisheries Act 1985 [Act 317]; “exclusive economic zone” means the exclusive economic zone of Malaysia as determined in accordance with the Exclusive Economic Zone Act 1984 [Act 311]; Malaysian Maritime Enforcement Agency 7 “Malaysian Maritime Zone” means the internal waters, territorial sea, continental shelf, exclusive economic zone and the Malaysian fisheries waters and includes the air space over the Zone. PART II ESTABLISHMENT OF AGENCY AND APPOINTMENTS Establishment of the Malaysian Maritime Enforcement Agency 3. (1) For the purpose of this Act, the Malaysian Maritime Enforcement Agency is established. (2) The Agency shall, subject to this Act, be employed in the Malaysian Maritime Zone for the maintenance of law and order, the preservation of the peace, safety and security, the prevention and detection of crime, the apprehension and prosecution of offenders and the collection of security intelligence. Appointment of the Director General of the Agency 4. (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Director General of Malaysian Maritime Enforcement, who shall head the Agency, from among members of the public services for such period and on such terms and conditions as may be specified in the instrument of appointment. (2) The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be re-appointed as Director General by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. 8 Laws of Malaysia ACT 633 (3) The Director General shall, during the period of his appointment as set out in the instrument of appointment, hold office at the pleasure of the Yang di-Pertuan Agong, subject to the advice of the Prime Minister. (4) The Director General shall, during his term of office as such, be deemed to be a member of the general public service of the Federation for purposes of discipline. (5) The Director General shall be responsible for the direction, command, control and supervision of all matters relating to the Agency. (6) The Director General shall, before assuming the duties and responsibilities of his office, make, in such manner as he may declare to be most binding on his conscience before the Yang di-Pertuan Agong, such declaration as may be prescribed by the Minister by regulations made under section 19. (7) There shall be issued to the Director General a certificate of appointment in the form of an authority card as evidence of his appointment. Appointment of other officers of the Agency 5. (1) There shall be appointed such number of officers of the Agency as may be necessary, whose ranks shall be determined by the Yang di-Pertuan Agong by order, for the purpose of carrying into effect the provisions of this Act. (2) The Yang di-Pertuan Agong may, in the order made under subsection (1), determine that the ranks of such appointed officers shall be regarded as equivalent to the ranks of— (a) police officers as specified in or under the Police Act 1967 [Act 344]; Malaysian Maritime Enforcement Agency 9 (b) officers of customs as specified in or under the Customs Act 1967 [Act 235]; and (c) any other officers whose ranks are specified in or under any other written law, and the Criminal Procedure Code [Act 593] and laws specified in subsection 7(3) shall be construed accordingly. (3) An officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the direction, command, control and supervision of the Director General or any other officer of the Agency superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions or instructions as may be specified orally or in writing by the Director General or any other officer of the Agency superior to him in rank. (4) A certificate of appointment in the form of an authority card shall be issued to every officer of the Agency appointed under subsection (1), and such card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act. Establishment of Malaysian Maritime Volunteer Corps 5A. There is established a body to be known as the Malaysian Maritime Volunteer Corps. Members of the Malaysian Maritime Volunteer Corps 5B. (1) Any person may apply to be a member of the Malaysian Maritime Volunteer Corps if— (a) he is eighteen years of age or above; (b) he is a Malaysian citizen; 10 Laws of Malaysia ACT 633 (c) he holds qualifications as may be determined by the Director General; and (d) he fulfils other requirements as may be determined by the Director General. (2) An application to be a member of the Malaysian Maritime Volunteer Corps shall be made in the form and manner as may be determined by the Director General. (3) The Director General may approve or refuse any person to be a member of the Malaysian Maritime Volunteer Corps. (4) The Director General may call any member of the Malaysian Maritime Volunteer Corps to voluntarily perform any duty as may be determined by the Director General. (5) A member of the Malaysian Maritime Volunteer Corps shall be subject to the direction, command and control of the Director General while performing any duty under subsection (4). (6) A member of the Malaysian Maritime Volunteer Corps— (a) may be paid such allowances as may be determined by the Minister after consultation with the Minister of Finance; and (b) shall not be entitled to any remuneration. (7) A member of the Malaysian Maritime Volunteer Corps while performing any duty under this Act shall be deemed to be a public servant within the meaning of the Penal Code [Act 574]. Establishment of Malaysian Maritime Cadet Corps 5C. The Minister may establish a body to be known as the Malaysian Maritime Cadet Corps for any area in Malaysia. Malaysian Maritime Enforcement Agency 11 Enrolment into the Malaysian Maritime Cadet Corps 5D. (1) Any person may apply to be enrolled into the Malaysian Maritime Cadet Corps if— (a) subject to the Education Act 1996 [Act 550], he is a pupil who is undergoing full-time education in any secondary school as may be determined by the Minister upon consultation with the Minister charged with the responsibility for education; or (b) he is a student— (i) who is registered and following a course of study or training whether full-time or part-time in any educational or training institution as may be determined by the Minister upon consultation with the Minister charged with the responsibility for such educational or training institution; (ii) who is a Malaysian citizen; and (iii) who is below the age of thirty years. (2) An application to be enrolled into the Malaysian Maritime Cadet Corps shall be made in the form and manner as may be determined by the Director General. (3) The Director General may enrol or refuse to enrol any person into the Malaysian Maritime Cadet Corps. (4) Any person who has been enrolled into the Malaysian Maritime Cadet Corps shall not be entitled to any allowance or remuneration. 12 Laws of Malaysia ACT 633 PART III FUNCTIONS AND POWERS OF THE AGENCY Functions of the Agency 6. (1) The functions of the Agency shall be— (a) to enforce law and order under any federal law; (b) to perform maritime search and rescue; (c) to prevent and suppress the commission of an offence; (d) to lend assistance in any criminal matters on a request by a foreign State as provided under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; (e) to carry out air and coastal surveillance; (f) to provide platform and support services to any relevant agency; (g) to establish and manage maritime institutions for the training of officers of the Agency; and (h) generally to perform any other duty for ensuring maritime safety and security or do all matters incidental thereto. (2) Subject to the provisions of this Act, the functions of the Agency shall be performed within the Malaysian Maritime Zone. (3) N