FIRST SCHEDULE
(Deleted vide A729/91)
 
SECOND SCHEDULE
(Section 199 (2))
Particulars to be registered by Master of a Ship concerning a Birth at Sea

Date of Birth
Name (if any) and sex of the child.
Name and surname, rank, profession or occupation of the father.
Name and surname, and maiden surname of the mother.
Nationality, and last place of abode of the father and mother.

Particulars to be registered by Master of a Ship concerning a Death at Sea

Date of Death.
Name and surname.
Sex.
Age.
Rank, profession or occupation.
Nationality, and last place of abode.
Cause of death.
 


THIRD SCHEDULE
(Section 204-5)
TABLE 1
(Section 204)
Fees to be charged for Matters transacted at Shipping Offices.

1. Engagement or discharge of crews:                               $ c.

and so on for ships of larger tonnage adding for every hundred tons above one thousand one dollar and seventy-five cents.

2. Engagement or discharge of seamen separately: seventy-five cents for each seaman.
 

TABLE 2
(Section 205)
Sums to be deducted from wages by way of Partial Repayment of Fees in Table 1.

1. In respect of engagements and discharge of crews upon each engagement and each discharge:

2. In respect of engagements and discharge of seamen NOTE: - On an officer being discharged and paid off 72 cents are allowed to be deducted in the account of wages, being 36 cents for the engagement and 36 cents for the discharge.

In the case of seamen the deduction is 50 cents, being 25 cents for the engagement and 25 cents for the discharge.

If the sum which the owner or master is entitled to deduct from the seamen's wages (by Table 2) exceeds the fees in Table 1, the excess is to be paid to Government in addition to fees in Table 1.
 
 


FOURTH SCHEDULE
(Section 215)
Fees to be paid for Passenger Steamer's Certificate

                                            Tons (gross)                                                         $

NOTE:- When a certificate is issued for less than twelve months, at the request of the owner, agent or master, the fee should be in proportion to the period of the certificate, at the rate of one-twelfth of the full fee for each month or part of a month, but in no case is less than three-twelfths of a twelve months' fee to be paid.
 
 
FIFTH SCHEDULE
(Section 250 (9))
Fees for Inspection of Lights and Signals

                                                                                                        $   c

Provided that the aggregate amount of fees for any such inspection shall not exceed sixty dollars whatever may be the number of separate visits.
 
 
SIXTH SCHEDULE
(Section 261)
Fees for Inspection of Life-saving Appliances

For inspection, during their construction of boats, buoyant apparatus and other life-saving appliance:
 
                                                                                                                   $   c

 
SEVENTH SCHEDULE
(Deleted vide A791/92)
 
 
EIGHTH SCHEDULE
(Section 307 (3))
Federation of Malaya Local Freeboard Rules

Application

1. (1) Subject to the provisions of this paragraph this Schedule shall apply to all ships exempted from the provisions of Part VI by virtue of section 307(2) and to no other ships.

(2) The Minister (LN 332/58) may by notification in the Gazette and upon such conditions as he thinks fit exempt any ships from the provisions of this Schedule on being satisfied that the sheltered nature and conditions of the voyages undertaken by such ships make it unreasonable or impracticable to apply the provisions of the said sections to such ships.
 

Rules

2. (1) The Minister (LN 332/58) shall have power to make and shall make rules (hereinafter referred to as "the Federation of Malaya Local freeboard Rules") with regard to the assignment, marking and survey of load lines.

(2) The Minister (LN 332/58) may by notification in the Gazette direct that any person may be a competent Assigning Authority and any certificate purporting to be granted by such Assigning Authority shall be deemed to be the equivalent of a similar certificate granted under this Ordinance.
 

Ship's draught of water to be recorded

3. (1) The master of every British or Malayan sea-going ship registered at or trading with any port in the Federation, shall upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, record her draught of water, and the extent of her freeboard in the official log-book, if any, and shall produce the record to a Port Officer whenever required by him, and, if he fails without reasonable cause to produce the record, shall be liable for each offence to a fine not exceeding two hundred dollars.

(2) The master of a sea-going ship shall, upon the request of a Port Officer, or a Surveyor of Ships, permit him to enter the ship, and to make such inspections and to take such measurements as are requisite for the purpose of the record.

(3) In this paragraph the expression "freeboard" means, in the case of any ship which is marked with a deck-line, the height from the water to the upper-edge of the deck-line and, in the case of any other ship, the height amidships from the water to the upper-edge of the deck from which the depth of hold as stated in the register is measured.
 

Marking of deck-line and Load Lines

4. (1) No British or Malayan ship registered in the Federation, being a ship constructed after the 30th day of June, 1932, shall proceed to sea unless -

(2) No British or Malayan ship registered in the Federation, being a ship constructed before the 1st day of July, 1932, shall proceed to sea unless - (3) If any ship proceeds or attempts to proceed to sea in contravention of this paragraph, the master or owner thereof shall for each offence be liable to a fine not exceeding one thousand dollars.

(4) Any ship attempting to proceed to sea without being surveyed and marked as required by this section may be detained until she has been so surveyed and marked, and any ship which does not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purpose of section 302.

(5) The provision of this paragraph shall apply to ships not registered in the Federation, proceeding or attempting to proceed to sea from ports in the Federation, as they apply to British or Malayan ships registered in the Federation subject to the following modification, namely, that a foreign ship which does not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purposes of section 305.
 

Submersion of loadline

5. (1) A British or Malayan ship registered in the Federation shall not be so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line indicating or purporting to indicate the maximum depth to which the ship is for the time being entitled under the Federation of Malaya Local Freeboard Rules to be loaded.

(2) If any such ship is loaded in contravention of this paragraph, the owner or master of the ship shall for each offence be liable to a fine not exceeding one thousand dollars and to such additional fine, not exceeding the amount hereinafter specified, as the Court thinks fit to impose having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion.

(3) The said additional fine shall not exceed one thousand dollars for every inch or fraction of an inch by which the appropriate load line on each side of the ship was submerged, or would have been submerged if the ship had been in salt water and had no list.

(4) In any proceedings against an owner or master in respect of a contravention of this paragraph, it shall be a good defence to prove that the contravention was due solely to deviation or delay, being deviation or delay caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(5) Without prejudice to any proceedings under the fore-going provisions of this paragraph, any ship which is loaded in contravention of this section may be detained until she ceased to be so loaded.

(6) The provisions of this paragraph shall apply to ships not registered in the Federation, while they are within any port in the Federation of Malaya, as they apply to British or Malayan ships registered in the Federation, subject to the following modifications, namely -

Miscellaneous offences in relation to marks

6. If -

he shall for each offence be liable to a fine not exceeding one thousand dollars.
 

Inspection of ships with respect to loadline

7. (1) A Surveyor of Ships may inspect any British or Malayan ship registered in the Federation for the purpose of seeing that the provisions of this Schedule relating to load lines have been complied with in the case of the ship, and for the purpose of any such inspection any such Port Officer or Surveyor of Ships shall have all the powers of an Inspector.

(2) The provisions of this paragraph, shall apply to ships, other than British or Malayan ships registered in the Federation while they are within any port in the Federation, as they apply to British or Malayan ships registered in the Federation.
 

Issue of local freeboard Certificates and effect thereof.

8. (1) Where a British or Malayan ship registered in the Federation has been surveyed and marked in accordance with the foregoing provisions of this Schedule relating to load lines and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the fee prescribed therefor by the Minister (LN 332/58) a certificate hereafter in this Ordinance referred to as "a Federation of Malaya Local Freeboard Certificate".

(2) Every such certificate shall be issued either by the Surveyor-General of Ships (LN 332/58) or by such other person as may be authorised in that behalf by him, and shall be issued in such form and manner as may be prescribed by the Federation of Malaya Local Freeboard Rules.

(3) Any such certificate issued by the Surveyor-General of Ships (LN 332/58) may be signed on behalf of the Surveyor-General of Ships (LN 332/58) by any person authorised by him for the purpose, and a certificate or a certified copy thereof purporting to be so signed shall be admissible in evidence in any Court or before any person having by law or consent of parties authority to receive evidence and, subject to all just exceptions, shall be evidence of the matters stated therein.

(4) Where a Federation of Malaya Local Freeboard Certificate, issued in pursuance of this paragraph and for the time being in force, is produced in respect of a ship, the ship shall, for the purpose of the foregoing provisions of this Schedule be deemed to have been surveyed as required by those provisions, and, if the deck-line and load lines on the ship are of the number and description required by the Federation of Malaya Local Freeboard Rules and the position of the deck-line and load line corresponds with the position specified in the certificate, the ship shall be deemed to be marked as required by those provisions.
 

Duration, renewal, and cancellation of certificates

9. (1) Every Federation of Malaya Local Freeboard Certificate issued by or under the authority of the Surveyor-General of Ships (LN 332/58) shall, unless it is renewed in accordance with the provisions of sub-paragraph (2) of this paragraph, expire at the end of such period, not exceeding five years from the date of its issue, as may be specified therein.

(2) Any such certificate may, after a survey not less effective than the survey required by the Federation of Malaya Local Freeboard Rules before the issue of the certificate, be renewed from time to time by the Surveyor-General of Ships (LN 332/58), or by any person authorised by him to issue a Federation of Malaya Local Freeboard Certificate, for such period (not exceeding five years on any occasion) as the Surveyor-General of Ships (LN 332/58) or other person renewing the certificate thinks fit.

(3) The Surveyor-General of Ships (LN 332/58) shall cancel any such certificate in force in respect of a ship, if he has reason to believe that -

(4) The owner of every ship in respect of which any such certificate has been issued shall, so long as the certificate remains in force, cause the ship to be surveyed in the manner prescribed by the Federation of Malaya Local Freeboard Rules once at least in each year after the issue of the certificate for the purpose of seeing whether the certificate should remain in force, having regard to the last foregoing sub-section, and if the ship is not so surveyed, the Surveyor General of Ships (LN 332/58) shall cancel the certificate:

Provided that the Surveyor General of Ships (LN 332/58), if he thinks fit in any particular case, may extend the said period of one year.

(5) Where any such certificate has expired or been cancelled, the Surveyor General of Ships (LN 332/58) may require the owner or master of the ship to which the certificate relates to deliver up the certificate as he directs, and the ship may be detained until such requirement has been complied with, and if the owner or master fails without reasonable cause to comply with such requirement, he shall for each offence be liable to a fine not exceeding one hundred dollars.

(6) On the survey of any ship in pursuance of this paragraph there shall be paid by the owner of the ship such fee as may be prescribed by the Minister (LN 332/58).
 

Power to issue, etc.Local Freeboard Certificates to ships not registered in the Federation

10. The provisions of this Schedule relating to the issue, effect, duration, renewal and cancellation of Federation of Malaya Local Freeboard Certificate shall apply to ships not registered in the Federation as they apply to British or Malayan ships regsitered in the Federation.
 

Ships not to proceed to sea without certificate

11. (1) No British or Malayan ship registered in the Federation, shall proceed to sea unless there is in force in respect of the ship a Federation of Malaya Local Freeboard Certificate.

(2) The master of every British or Malayan ship registered in the Federation shall produce to the Port Officer at the time a clearance of the ship is demanded, the certificate which is required by the foregoing provisions of this section to be in force when the ships proceed to sea, and a clearance shall not be granted, and the ship may be detained, until that certificate is so produced.

(3) The master of every ship which proceeds or attempts to proceed to sea in contravention of this section shall for each offence be liable to a fine not exceeding one thousand dollars.
 

Publication of local freeboard certificate and particulars relating to depth of loading

12. (1) When a Federation of Malaya Local Freeboard Certificate has been issued in pursuance of the foregoing provisions of this Schedule in respect of a British or Malayan ship registered in the Federation -

(2) Before any British or Malayan ship registered in the Federation leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master thereof shall- Provided that the Minister (LN 332/58) may by the said regulations exempt ships or any class of ships from the requirements of provision (b) of this sub-paragraph.
 

Insertion of particulars as to loadline in agreements with crew

13. (1) Before an agreement with the crew of any British or Malayan ship registered in the Federation in respect of which a Federation of Malaya Local Freeboard Certificate is in force, is signed by any member of the crew, the master of the ship shall insert in the agreement the particulars as to the position of the deck-line and load lines specified in the certificate, and if he fails to do so, he shall for each offence be liable to a fine not exceeding two hundred dollars.

(2) In the case of a British or Malayan ship registered in the Federation in respect of which a Federation of Malaya Local Freeboard Certificate is in force, a Port Officer shall not proceed with the engagement of the crew until -

Effect of Load Line certificates

14. (1) International Load Line Certificates issued in accordance with the terms of the International Convention concerning Load Lines, 1930, shall have the same effect for the purposes of this Schedule as Federation of Malaya Local Freeboard Certificates.

(2) United Kingdom Load Line Certificates issued under section 47 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, shall have the same effect for the purposes of this Schedule as Federation of Malaya Local Freeboard Certificates.

(3) Where the Surveyor General of Ships (LN 332/58) certifies -

the Minister (LN 332/58) may direct that Load Line Certificates issued in pursuance of the said provision in respect of British ships (or that class or description of British ships) registered in that part of Her Majesty's dominions, or in respect of ships (or that class or description of ships) of that foreign country, as the case may be, shall have the same effect for the purpose of this Schedule as Federation of Malaya Local Freeboard Certificates.
 

Certificates to be produced to Port Officer by ships and not registered in the Federation of Malaya

15. The master of every ship, other than a British or Malayan ship registered in the Federation, shall produce to the Port Officer at the time a clearance for the ship from any port in the Federation is demanded, either a Federation of Malaya Local Freeboard Certificate, being a certificate for the time being in force in respect of the ship, and a clearance shall not be granted, and the ship may be detained, until the certificate required by this section is so produced.
 
 


NINTH SCHEDULE
(Section 404)
Fees payable to receivers of Wreck

                                                                                                                 $ c

 
TENTH SCHEDULE
(Section 467 (2))
Scale of Fees for labour on Weekly Holiday
  Fees will be refunded if no cargo is loaded, worked or discharged. Part tonnage is to be considered as full tonnage.

(Amended June 1991)
 
 
 


For each licence for a native sailing ship -
                                                                                                              $  c For each endorsement of change of name of a native sailing ship ... ..... ... 2.00
 
Miscellaneous
Fee for Licence Book
 
 
TWELFTH SCHEDULE
(Sections 476 and 509 (2))
Fees for Licensing Boats

                                                                                                                 $ c.

Fee for Licence Book
Fees for Transfers, etc.

For each transfer, transmission, mortgage and transfer of mortgage, according to the gross tonnage of the boat, as follows:

                                                                                                                      $
Fee for Boat Number Plates
 
 
THIRTEENTH SCHEDULE
(Sections 67, 509(2) and 528)
PART I.
Schedule of Fees for Registration of Shipping
 
1. - On Initial Registry

                                                                                                         $ c.

2. - Transfer and Mortgage

2. On Transfer, Transmission, Registry anew, Transfer of Registry, Mortgage and Transfer of Mortgage:

                                                                                                     $ c.
3 - Miscellaneous

3.       For every bill of sale (if made in the Port Office) ...  ... 10.00
          For every certified copy of documents ... ... ... ... ... .....   2.00
          For every inspection of any record ... ... ... ... ... ... ... ..   1.00
 
 

PART II

Fees for measurement of ships under the Tonnage Admeasurement rules made under the Merchant Shipping Acts.
 
 
Tons gross
(a)
Measurement  under Rule I 
(b)
Measurement
 under Rule II 
(c) Various Measurement
(See below)
50 tons and under
$85
$45
$20 
Over 50 tons and not exceeding 100 tons 
 
$115
$60
 $25 
For every additional 100 tons 
or part of 100 tons above 100 tons up to 20,000 tons
 $15
 $10
$4
For each additional 100 tons or part of 100 tons above 20,000 tons
$10
$6
$4
 

The following rules shall be observed in the calculation of fees under this Part:

1. When a ship previously measured under Rule II is remeasured under Rule I, the full fee in scale (a) is chargeable, without any deduction for measurement under Rule II.

2. The fees for remeasurement in consequence of alterations on the upper deck or in the engine room or under sections 77 (4), 78 (2), 79 (1), and 80 of the Merchant Shipping Act, 1894, or section 54 of the Merchant Shipping Act, 1906, are shown in column (c) above. The maximum fee in respect of each item is $145. The fee for measurement under section 79 (1) (a) (i) includes the inspection of crew spaces if made at the same as the measurement.

The fee for measurement under section 81, Merchant Shipping Act, 1894, and in all other cases where, in consequence of alterations, remeasurement of the under deck tonnage is found necessary is that stated in column (a) above.

3. In the case of foreign ships applying for the renewal of their certificates of British Tonnage, the principal dimensions are to be retired, and, if they are found to agree with the certificate, a fee of $70 only will be charged for the issue of the new certificate. If the dimensions do not practically agree with the certificate of tonnage, the ship must be remeasured throughout under Rule I or II, as the case may be, and the proper fees must be charged.

4. In cases of application for the issue or amendment of a "Suez Canal" or "Panama Canal" Special Tonnage Tonnage Certificate, a fee of two-fifths of the full tonnage fee is to be charged for each certificate whether the measurement is made at the same time as the measurement for British registry or not. This fee includes remeasurement of British tonnage (except under deck) if made at the same time. Certified copies of Suez Canal or Panama Canal certificates are issued on payment of $15 each.

Where the alteration is of a minor character, it shall be lawful for the Surveyor-General of Ships upon application made in that behalf to direct refundment of part of the fee paid.

5. In the case of a foreign ship originally registered as a British ship, and subsequently seeking reregistry, a fee of $60 only is to be charged if, on comparison, the principal dimensions are found to agree with the original tonnage formula of the ship. But if they do not agree and the ship has to be measured throughout, a full tonnage fee is payable. If the under deck tonnage is found to agree and the other items differ, then, in addition to the $60 fee for check measurement, further fees are chargeable for these inspections in accordance with the fore-going regulations.

6. In cases where a ship is being transferred from the British register to that of a foreign country, details of the British tonnage calculations may be supplied for the guidance of the foreign Customs Authorities on payment of a fee of $15 per sheet with a minimum fee of $60.

7. In cases where it is desired by the owner of a ship details of the tonnage calculations may be supplied to him on payment of a fee of $15 per sheet with a minimum of $60.

8. The fee paid in accordance with scale (a) covers any number of visits that the Surveyor may find it necessary to make before he is able to fill up the formula of tonnage and grant his certificate to enable a ship to obtain registry. It also covers the inspection of crew spaces and lights and sound signals, if the Surveyor is able to make these inspections on the occasion on which the measurement is performed, but not otherwise. For any further visits necessary for the completion of inspection of crew spaces and lights and sound signals, further fees in accordance with the law will be charged.

9. The fee for the inspection of minor alterations (e.g., of rig, engines, etc.) is $10.
 

PART III
Fees for Inspection of Accommodation of Seamen under Part III of This Ordinance

1. The fee for each visit to the ship shall not exceed thirty-five dollars.

2. The aggregate amount of the fees for any such inspection shall not exceed sixty dollars, whatever be the number of separate visits.

3. When the accommodation is inspected at the same time with the measurement of the tonnage, no separate fee shall be charged for the inspection.
 
 

FOURTEENTH SCHEDULE
(Section 531)
(Repeal)
 
No.
Short Title
Extent of Repeal
S.S. Cap 150 Merchant Shipping Ordinance The whole
F.M.S. Cap.64 Liability of Shipowners Enactment The whole
F.M.S. Cap.171 Ports Enactment The whole
F.M.S.Cap.172 Pilots Enactment The whole
F.M.S.Cap.174 Collisions at Sea Prevention Enactment The whole
F.M.S.Cap.175 Collision and Salvage Enactment The whole
Johore Enactment No.35 Ports and Shipping Enactment  The whole except in so far as it relates to fishing
Kedah Enactment No.79  Ports Enactment The whole 
Kelantan Enactment No.17 of 1938 Ports Enactment The whole
Perlis Enactment No.14 of 1335  Registration of Vessels Enactment, 1335  The whole
Trengganu Enactment No.58 of 1356  Marine Enactment The whole
Federation of Malaya Ordinance No.23 of 1950  Pilots Enactment (Application to Trengganu) Ordinance 1950 The whole
 


FIFTEENTH SCHEDULE
(Section 65B (5))
SUPPLEMENTARY PROVISIONS RESPECTING THE BOARD

1. (1) There shall be paid to members of the Board, or to such of them as the Minister may determine, such allowances as he may determine.

(2) The appointment of every member and alternate member of theBoard shall be published in the Gazette.

(3) No member of the Board shall incur personal liability for loss or damage caused by an act or omission in administering the affairs of the Board, unless the loss or damage is occasioned by an intentionally wrongful act or omission on his part.

2 (1) The quorum of the Board shall be five.

(2) If on any question to be determined by the Board there is an equality of votes, the Chairman shall have a casting vote.

(3) Subject to subparagraphs (1) and (2), the Board shall determine its own procedure.

3. All members of the Board shall be deemed to be public servants within the meaning of the Penal Code.

(A 603/84)
 
 
 
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