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The Union of
Myanmar
The State Peace and Development council
The Law Amending the Myanmar Registration of Ships Act
(The State Peace and Development Council Law No.4/ 2003)
The l2th Waxing Day of Taboung, 1364 M.E.
(14tb March, 2003)
The
State Peace and Development council hereby enacts the following
Law: -
1. This Law shall be Called the Law Amending the Myanmar
Registration of Ships Act.
2. In the Myanmar Registration of Ships Act , the expression "
five thousand kyats" contained in sections 2. 15.16 and 21, the
expression" ten thousand kyats" contained in sections 15 and 23
and the expression" one thousand kyats contained in section 20
shall be substituted by' the expressions Kyats 75.000 Kyats
l5O.000 and Kyats 15.000 respectively.
3. Sections 10 and 11 of the Myanmar Registration of Ships Act
shall be substituted as follows :
10.(a) A Myanmar ship or any share therein shall be transferred
by a bill of sale.
(b) The bill of sale for the transfer of a ship or any share
therein to a person qualified to own a Myanmar ship shall be in
the prescribed form and shall contain such description of the
ship as is contained in the register and shall be executed by
the transferor in the presence of and be attested by two
witnesses.
( c) Every bill of sale shall be produced to the
registering-officer" and the registering- officer shall
thereupon enter in the register the name of the transferee and
shall endorse on the bill of sale the fact of that entry having
been made with the date and time thereof.
(d) Bills of sale shall be entered in the register in the order
of their production to the registering-officer.
(e) The registering-officer shall not make an entry under this
section in respect of any ship if there is : -
( 1) any unsatisfied mortgage entered in its register, unless,
where the ship or any share therein is transferred to a person
qualified to own a Myanmar ship, the mortgagee has given his
consent in writing;
(2) any subsisting entry made by an order of the Supreme Court
prohibiting any dealing with the ship.
(f) Subsection (e) shall not apply in respect of a bill of sale
executed pursuant to an order of the Supreme Court for the sale
of a Myanmar ship or any share therein.
11.(a) The owner of a Myanmar ship may make a written
application to close its registry if there is no: -
( 1) unsatisfied mortgage entered in its register;
(2) subsisting entry made by an order of the Supreme Court
prohibiting any dealing with the ship.
(b) The application shall specify the name of the ship. the
intended port and country of registry (if applicable ) or
otherwise the reason for the closure and shall be submitted to
the registering-officer together with the certificate of
registry of the ship.
( c ) On receipt of the application and the certificate of
registry, the registering officer shall. if he is satisfied of
the matters mentioned in subsection (a). close the registry of
the ship and make an entry thereof in the register.
4. Section 13 of the Myanmar Registration of Ships Act shall be
substituted as follows:-
13-(a)A Myanmar ship or any share therein may be made a security
for loan or other valuable consideration, and the instrument
creating the security ( referred to in this Act as a mortgage )
shall be in the prescribed from or as near thereto as
circumstances permit and on production of that
registering-officer shall record it in the register.
(b) Mortgages shall be recorded by the registering-officer in
the order in time in which they are produced to him for that
purpose, and the registering-officer shall endorse and sign a
memorandum on each mortgage stating the date and time of that
record.
5.Section 17 of the Myanmar Registration of Ships Act shall be
substituted as follows:-
17 .(a) Every ship shall, before registry, be marked permanently
and conspicuously to the satisfaction of the registering-officer
as follows:-
( 1) its name shall be marked on each of its bows, and its name
and the name of its port of registry shall be marked on its
stem, on a dark ground in white or yellow letters or on a light
ground in black letters, such letters to be of a length not less
than one decimeter and of proportionate breadth;
(2) its official number shall be cut in on its main beam; and
(3) a scale of decimeters, or of meters and decimeters, denoting
its draught of water shall be marked on each side of its stern
and of its stern post:-
(i) in figures at two-decimeter intervals, if the scale is in
decimeters;
(ii) in figures at each meter interval and at intervening
two-decimeter intervals. if the scale is in meters and
decimeters; and
(iii) the capital letter "M" being placed after each meter
figure; the top figure of the scale showing both the meter and (
except where it marks a full meter interval) the .decimeter
figure; the lower line .of figures, or figures and letters ( as
the case may be ), coinciding with the draught line denoted
thereby. the figures and letters being not less than one
decimeter in length and being marked by being cut in and painted
white or yellow on a dark ground. or in such other way as the
Director-General of the Department of Marine Administration may
approve.
(b) The registering-officer may exempt any ship or class of
ships from all or any of the requirements of subsection (a).
( c ) If the owner or master of ship or other person having or
taking the charge or command of such ship shall permit such ship
to begin to take in cargo before the name of such ship has been
So painted as aforesaid , or shall willfully alter, erase,
obliterate or in any wise hide or conceal, or cause or procure
or permit the same to be done, or shall in any written or
printed paper or other document describe such ship by any name
other than that by which she was first registered pursuant to
this Act, or shall verbally describe or cause or procure or
permit such ship to be described by any other name to any
officer of revenue in the due execution of his duty , then and
in every such case the certificate of registry shall thenceforth
become void, and such owner, or master or other person having or
taking the charge or command of such ship shall be liable, on
conviction to a fine not exceeding Kyats 150,000.
( To be continued ) |
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