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The
Union of Myanmar
The State Peace and Development Council
The Law Amending the Myanmar Merchant Shipping Act, 2007
The State Peace and Development Council Law No. 1/2007
The 6th Waning Day of Tabodwe 1368 ME
(7th Feberuary, 2007)
The
State Peace and Development Council hereby enacts the following
Law:
1. This Law shall be called the Law Amending the Myanmar
Merchant Shipping Act, 2007.
2. The expression home-trade ship contained in the Myanmar
Merchant Shipping Act shall be substituted respectively by the
expression near coastal voyage ship.
3. Sub-section (3) of section 2 of the Myanmar Merchant Shipping
Act shall be substituted as follows:
(3) Near coastal voyage ship means a ship employed in trading
between any ports in the Union of Myanmar or between any port in
the Union of Myanmar and any port or place in India or Pakistan
or in the Straits Settlements, or in the Island of Sri Lanka or
countries as stated in the notification published by the
Department of Marine Administration with the approval of the
Ministry of Transport;
4. In the Myanmar Merchant Shipping Act:
(a) the expression Chairman of the State Peace and Development
Council may contained in sub-section (1) of section 21, section
37 J, section 84, sub-section (1) of section 145, section 145 A,
section 191, sub-section (1) of section 213, section 216 A,
section 219, section 224 C, sub-section (1) of section 224 M,
sub-section (1) of section 245, section 245 J, section 245 Q,
section 270 and section 294 A shall be substituted respectively
by the expression Ministry of Transport may, with the approval
of the Government;
(b) the expression Chairman of the State Peace and Development
Council contained in the other sections except sections
mentioned in the aforesaid sub-section (a) shall be substituted
respectively by the expression Ministry of Transport.
5. In the Myanmar Merchant Shipping Act:
(a) sub-section (3) of section 8 shall be substituted as
follows:
(iii) to give to all persons desirous of apprenticing boys to
the sea service and duly authorized so to do by the rules
relating to the apprentices made under this Act, and also to
owners and masters of Myanmar flagged ships requiring
apprentices, such assistance as may be in their power for
facilitating the making of such apprenticeships;
(b) sub-section (1) of section 14 shall be substituted as
follows:
(1) Certificates of competency shall be granted in accordance
with this Act for each of the following grades, namely:
Master (foreign-going) -Deck Officer Class I,
First mate (foreign-going) -Deck Officer Class II,
Second mate (foreign-going) -Deck Officer Class III,
Master (Near Coastal Voyage) -Deck Officer Class IV,
Mate (Near Coastal Voyage) -Deck Officer Class V,
First class enggineer -Marine Engineer Officer Class I,
Second class engineer -Marine Engineer Officer Class II,
Third class engineer -Marine Engineer Officer Class III,
First class engineer -Marine Engineer Officer Class IV,
(Near Coastal Voyage).
Second class engineer -Marine Engineer Officer Class V,
(Near Coastal Voyage),
Engine driver -
(c) the expression as master or mate contained in sub-section
(2) of section 14 shall be substituted by the expression as
master, mate or engineer;
(d) section 17 shall be substituted as follows:
17.(1) A naval officer who has attained the rank of lieutenant
in the Myanmar Navy may be issued with an equivalent certificate
to serve as master or first mate of a sea going vessel.
(2) A naval officer who has attained the rank of engineer or
assistant engineer in the Myanmar Navy may be issued an
equivalent certificate to serve as first class engineer or
second class engineer of a sea going vessel.
(3) The equivalent certificate shall differ in form from a
certificate of competency, and shall contain the name and rank
of the person to whom it is delivered.
(4) The provisions of this Act including the penal provisions
shall apply in the case of an equivalent certificate as they
apply in the case of a certificate of competency.
(5) The Ministry of Transport may, with the approval of the
Government make rules relating to the issue of the equivalent
certificate for naval officers;
(e) the expression every home-trade ship of more than three
hundred tons burdencontained in sub-section (2) of section 22
shall be substituted by the expression every near coastal voyage
ship of more than five hundred gross tonnage;
(f) sub-section (1) of section 23 shall be substituted as
follows;
(1) Any boy not under sixteen years of age may be bound as an
apperntice in the see service to the owner of any ship
registered in the Union of Myanmar to be employed in any such
ship, being the property of such person, and while so employed
to be taught the craft and duty of a seaman, and the provisions
of the rules relating to apprentices made under this Act shall,
subject to the provisions of this Act, apply accordingly;
(g) the expression except home-trade ships of a burden not
exceeding three hundred tons contained in sub-section (1) of
section 27 shall be substituted by the expression except near
coastal voyage ships of gross tonnage not exceeding five
hundred;
(h) section 37 B shall be substituted as follows;
37 B. No young person under sixteen years of age shall be
engaged or carried to sea to work in any capacity in any ship
registered in the Union of Myanmar, and no young seaman under
sixteen years of age shall be engaged or carried to sea to work
in any capacity in any foreign ship, except;
(a) in a school-ship, or training-ship, in accordance with the
prescribed conditions; or
(b) in a ship in which all persons employed are members of one
family; or
(c) in a near coastal voyage ship of gross tonnage not exceeding
five hundred; or
(d) where such young person is to be employed on nominal wages
and will be in the charge of his father or other adult near male
relative;
(i) clause (b) of sub-section (1) of section 251 shall be
substituted as follows:
(b) if the master, mate or engineer holds a certificate under
any of the Merchant Shipping Acts, in the following cases:
(i) where the incompeteney or misconduct has occurred on a
Myanmar flagged ship on or near the coasts of the Union of
Myanmar or on board a Myanmar flagged ship in the course of a
voyage to a port outside of Myanmar waters;
(ii) where the incompetence or misconduct has occurred on board
a ship registered in the Union of Myanmar;
(iii) where the master, mate or engineer of a ship, who is
charged with incompetency or misconduct on board that ship, is
found in the Union of Myanmar;
(j) clauses (a) and (b) of sub-section (1) of section 260 shall
be substituted as follows:
(a) if, on any investigation made under the Merchant Shipping
Acts, or on any investigation made by any Court or tribunal for
the time being authorized by the legislative authority in the
Union of Myanmar to make inquiry into charges of incompetency or
misconduct on the part of masters, mates or engineers of ships,
or as to shipwrecks or other casualties affecting ships, the
Court or tribunal reports that the master, mate or engineer is
incompetent or has been guilty, of any gross act or misconduct,
drunkenness or tyranny, or that the loss, stranding or
abandonment of, or damage to, any ship, or loss of life has been
caused by his wrongful act or default;
(b) if he is proved to have been convicted of any offence which,
if committed in the Union of Myanmar, would be non-bailable.
6. In the Myanmar Merchant Shipping Act:
(a) the amount of money contained in sections 122, 124 and 224 A
shall be substituted respectively by the experssion kyats
10,000.
(b) the amount of money contained in sections 40, 71, 113, 114,
115, sub-section (2) of section 116, sections 220, 221, 222, 224
B, 229, 245 H, 245 P, 274 and 284 shall be substituted
respectively by the experssion kyats 100,000.
(c) the amount of money contained in section 224 M shall be
substituted by the experssion kyats 500,000.
( Sd.
) Than Shwe
Senior General
Chairman
The State Peace and Development Council
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