SABAH PORTS AUTHORITY (CONSEQUENTIAL PROVISIONS) ACT 1968

Sabah Ports Authority (Consequential Provisions) 1 LAWS OF MALAYSIA Act 797 SABAH PORTS AUTHORITY (CONSEQUENTIAL PROVISIONS) ACT 1968 (Revised—2017) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 2 Act 797 Laws of Malaysia SABAH PORTS AUTHORITY (CONSEQUENTIAL PROVISIONS) ACT 1968 Revised up to … … Date of publication in the Gazette of this revised edition … … 1 November 2017 … … 15 November 2017 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 15 November 2017 First enacted in 1968 as Act No. 25 of 1968 Sabah Ports Authority (Consequential Provisions) 3 LAWS OF MALAYSIA Act 797 SABAH PORTS AUTHORITY (CONSEQUENTIAL PROVISIONS) ACT 1968 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Protection from personal liability 4. Members and employees deemed to be public servants 5. Apparatus, etc., not to be subject to distress, etc. 6. Damage to property 7. Damage to the Authority’s property to be made good in addition to penalty 8. Lien on goods for recovery of rates 9. Power to distrain for non-payment of dues, rates, etc. 10. Limitation of Authority’s liability for loss or damage to or on board any vessel 11. How tonnage ascertained 12. Limitation of liability in respect of one occasion 13. Power of Court to consolidate claims 14. Minister may appoint places to be used for the collection of revenue duties 15. Bonded ware-houses 16. (Deleted) 17. Powers of arrest 18. Compensation, damages and costs to be determined by Magistrate’s Court 19. Disposal of matters and things removed by the Authority 20. Proceedings against companies and firms 21. Validation 4 Laws of Malaysia Act 797 Sabah Ports Authority (Consequential Provisions) 5 LAWS OF MALAYSIA Act 797 SABAH PORTS AUTHORITY (CONSEQUENTIAL PROVISIONS) ACT 1968 An Act to make provision for enabling the Sabah Ports Authority to carry out its statutory functions of providing, maintaining and managing efficient port services and facilities in Sabah, and for that purpose to confer upon the Authority all necessary protection and powers in relation to matters about which Parliament, but not the Legislature of the State of Sabah, has power to make laws. [11 July 1968] Short title and application 1. This Act may be cited as the Sabah Ports Authority (Consequential Provisions) Act 1968, and shall apply to the State of Sabah only. Interpretation 2. (1) The provisions of this Act are in addition to, and not in derogation of, the provisions of the Sabah Ports Authority Enactment 1981 [Sabah No. 17 of 1981] (hereinafter referred to in this Act as “the Enactment”). (2) Words and expressions used in this Act which are defined in the Enactment shall have the same meaning as in the Enactment. Protection from personal liability 3. No matter or thing done and no contract of any kind entered into by the Authority and no matter or thing done by any member of the Authority or by any employee of the Authority or any other person acting under the direction of the Authority shall, if 6 Laws of Malaysia Act 797 the matter or thing was done or the contract was entered into in good faith for the purpose of carrying out the provisions of the Enactment, subject any such member or employee or any other person acting under the direction of the Authority personally to any action, liability, claim or demand whatsoever in respect of the matter or thing done or the contract entered into. Members and employees deemed to be public servants 4. The members of the Authority and the employees of the Authority of every description shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Apparatus, etc., not to be subject to distress, etc. 5. When any apparatus, fixture or fitting belonging to the Authority is placed in or upon any premises not being in the possession of the Authority for the purposes of carrying out the functions of the Authority, such apparatus, fixture or fitting shall not be subject to distress nor be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession the same is. Damage to property 6. (1) Any person may apprehend any other person if such other person within his view commits an offence against subsection 55(1) of the Enactment and shall on such apprehension, without unreasonable delay, hand over the person so apprehended to a police officer. (2) Any person who carelessly or accidentally removes, destroys or damages any property belonging to the Authority or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated shall pay by way of compensation to the Authority such sum of money not exceeding five hundred ringgit as a Magistrate’s Court thinks reasonable. Sabah Ports Authority (Consequential Provisions) 7 Damage to the Authority’s property to be made good in addition to penalty 7. (1) If, through any act, neglect or default on account of which any person has incurred any penalty imposed under the Enactment, any damage to the property of the Authority has been committed by such person, he shall be liable to make good such damage as well as pay such penalty. (2) The amount of such damage shall, in case of dispute, be determined by the court by which the party incurring such penalty has been convicted, and may be recovered as if it were a fine imposed by the court. Lien on goods for recovery of rates 8. (1) For the amount of all rates leviable under the Enactment in respect of any goods, the Authority shall have a lien on such goods and shall be entitled to seize and detain the goods until such rates are fully paid. (2) The lien referred to in subsection (1) shall have priority over all other liens and claims except claims for money payable to the Government of Malaysia or Government of Sabah. (3) Rates in respect of goods to be landed shall become payable immediately on the landing of such goods. (4) Rates in respect of goods to be shipped shall be payable before such goods are shipped. (5) Rates in respect of goods to be removed from the premises of the Authority shall be payable on demand. (6) If any goods which are subject to a lien as mentioned in subsection (1) are of a perishable nature, the Authority may at its discretion sell or dispose of them at any time. (7) If the goods are sold, the Authority shall have a lien on the proceeds of the sale and subsections (1) and (2) shall apply to such lien. 8 Laws of Malaysia Act 797 Power to distrain for non-payment of dues, rates, etc. 9. (1) If the master or owner of any vessel in respect of which any dues, rates or penalties are payable under the Enactment or any regulations made under the Enactment refuses or neglects to pay the dues, rates or penalties or any part thereof on demand, the Authority may, in addition to any other remedy which it may be entitled to use, distrain or arrest of its own authority such vessel and the tackle, apparel or furniture belonging to the vessel or any part thereof, and detain the vessel, tackle, apparel or furniture until the amount so due is paid. (2) In case any part of the dues, rates or penalties, or of the costs of the distress or arrest, or of the keeping of the vessel, tackle, apparel or furniture remains unpaid for fourteen days next after any such distress or arrest has been so made, the Authority may cause the vessel or other thing so distrained or arrested to be sold, and with the proceeds of such sale may satisfy such dues, rates or penalties and costs, including costs of sale remaining unpaid, rendering the surplus, if any, to the master or owner of such vessel on demand. (3) Where a port clearance is withheld in accordance with section 47 of the Enactment, the Authority shall pay to the Government of Malaysia or Government of Sabah, or both of them, as the case may be, any damages, compensation, costs or any expenses arising out of the withholding of such port clearance. Limitation of Authority’s liability for loss or damage to or on board any vessel 10. (1) The Authority shall not, where without its actual fault or privity any loss or damage is caused to any vessel or to any train, vehicle, goods or other things on board any vessel, be liable to damages beyond an aggregate amount not exceeding in the currency of Malaysia the equivalent of eight pounds sterling for each ton of the tonnage of the largest British registered vessel which during the period of five years next before the happening of such loss or damage has been habitually within the area over which the Authority performs any duty or exercises any power. Sabah Ports Authority (Consequential Provisions) 9 (2) A vessel shall not be deemed to have been— (a) habitually within such area referred to in subsection (1) unless it has been within such area referred to in subsection (1) not less than three times annually during such period of five years; and (b) within such area referred to in subsection (1) by reason only that— (i) it has been built or fitted out within such area; (ii) it has taken shelter within or passed through such area on a voyage between two places both situate outside that area; or (iii) it has loaded or discharged mail or passengers within that area. How tonnage ascertained 11. For the purposes of section 10, the tonnage of vessels shall be ascertained in accordance with the law relating to merchant shipping providing for the ascertaining of tonnage of vessels for the purpose of registration and the register of any vessel shall be sufficient evidence that the gross tonnage and the deductions from the gross and the registered tonnage are as stated in the register. Limitation of liability in respect of one occasion 12. The limitation of liability under section 10 shall relate to the whole of any losses and damages which may arise upon any one distinct occasion, although such losses or damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any written law and notwithstanding anything contained in such written law. Power of Court to consolidate claims 13. Where any liability is alleged to have been incurred by the Authority in respect of loss of life, personal injury or loss of, or damage to, vessels, trains, vehicles, goods or other things, 10 Laws of Malaysia Act 797 and several claims are made or apprehended in respect of that liability, then the Authority may apply to the High Court, and that Court may— (a) determine the amount of the Authority’s liability and distribute that amount rateably among the several claimants; (b) stay any proceeding pending in any other court in relation to the same matter; and (c) proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the Authority, and as to payment of any costs as the court thinks just. Minister may appoint places to be used for the collection of revenue duties 14. (1) The Minister may, notwithstanding anything in the Enactment, appoint any part of the wharves or premises vested in the Authority as a place for the collection of import or other revenue duties payable to the Government. (2) Whenever any wharf or part of the premises of the Authority has been so appointed as a place for the collection of import or other revenue duties, the Authority shall set apart and maintain such place, in such manner as the Minister requires, for the use of the persons entitled to collect such duties. Bonded ware-houses 15. When any security has been given by the Authority under subsection 67(1) of the Enactment, no further security shall be required by the Governme