Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes

Malaysian waters are prone to armed robberies at sea or other maritime attacks. At the same time Malaysian vessels are vulnerable to piratical attacks on the high seas. This paper first of all examines the seriousness of maritime threats against Malaysia or Malaysian interests. It then carries out a...

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Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Conference or Workshop Item
Language:	English English English
Published:	2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/39345/ http://irep.iium.edu.my/39345/ http://irep.iium.edu.my/39345/2/Internatioal_Conference_on_Law%2C_Order_and_Criminal_Justice_2014_%28Programme_brocheur%29.pdf http://irep.iium.edu.my/39345/3/International_Conference_on_Law%2C_order_and_crimiinal_Justice_2014_%28Parellel_Sessions%29%29.pdf http://irep.iium.edu.my/39345/8/Combatting_Maritime_Offences_in_Malaysia_%2528Prof._Ghafur%2529.pdf

id	iium-39345
recordtype	eprints
spelling	iium-393452015-05-14T02:29:13Z http://irep.iium.edu.my/39345/ Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes Hamid, Abdul Ghafur@Khin Maung Sein K Law (General) Malaysian waters are prone to armed robberies at sea or other maritime attacks. At the same time Malaysian vessels are vulnerable to piratical attacks on the high seas. This paper first of all examines the seriousness of maritime threats against Malaysia or Malaysian interests. It then carries out an in-depth analysis of the procedural and substantive criminal laws of Malaysia in order to shed light on the legal vacuum, if any, in the Malaysian laws. The paper finds that piracy or other maritime offences are not offences under the Penal Code, the primary substantive criminal law in Malaysia. Moreover, section 2 of the Penal Code limits its scope to offences committed within Malaysia only and the limited extraterritorial offences under section 4 do not include piracy or other maritime offences. Although the Courts of Judicature Act 1964 allows the High Court to exercise jurisdiction over piracy jure gentium committed on the high seas, there is no substantive law which criminalizes piracy. Two possible approaches are proposed to fill the legal vacuum: to revise the Penal Code by adding a new Chapter on Maritime Offences or to adopt a special law to be known as “Maritime Offences Act.” This paper advocates the second approach for the obvious reason that maritime offences needs special treatment. 2014 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/39345/2/Internatioal_Conference_on_Law%2C_Order_and_Criminal_Justice_2014_%28Programme_brocheur%29.pdf application/pdf en http://irep.iium.edu.my/39345/3/International_Conference_on_Law%2C_order_and_crimiinal_Justice_2014_%28Parellel_Sessions%29%29.pdf application/pdf en http://irep.iium.edu.my/39345/8/Combatting_Maritime_Offences_in_Malaysia_%2528Prof._Ghafur%2529.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2014) Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes. In: International Conference on Law, Order and Criminal Justice 2014, 19th - 20th November 2014, Kuala Lumpur. (Unpublished) http://www.iium.edu.my/laws
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General)
spellingShingle	K Law (General) Hamid, Abdul Ghafur@Khin Maung Sein Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes
description	Malaysian waters are prone to armed robberies at sea or other maritime attacks. At the same time Malaysian vessels are vulnerable to piratical attacks on the high seas. This paper first of all examines the seriousness of maritime threats against Malaysia or Malaysian interests. It then carries out an in-depth analysis of the procedural and substantive criminal laws of Malaysia in order to shed light on the legal vacuum, if any, in the Malaysian laws. The paper finds that piracy or other maritime offences are not offences under the Penal Code, the primary substantive criminal law in Malaysia. Moreover, section 2 of the Penal Code limits its scope to offences committed within Malaysia only and the limited extraterritorial offences under section 4 do not include piracy or other maritime offences. Although the Courts of Judicature Act 1964 allows the High Court to exercise jurisdiction over piracy jure gentium committed on the high seas, there is no substantive law which criminalizes piracy. Two possible approaches are proposed to fill the legal vacuum: to revise the Penal Code by adding a new Chapter on Maritime Offences or to adopt a special law to be known as “Maritime Offences Act.” This paper advocates the second approach for the obvious reason that maritime offences needs special treatment.
format	Conference or Workshop Item
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes
title_short	Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes
title_full	Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes
title_fullStr	Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes
title_full_unstemmed	Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes
title_sort	combatting maritime offences in malaysia: an analysis of legal and procedural loopholes
publishDate	2014
url	http://irep.iium.edu.my/39345/ http://irep.iium.edu.my/39345/ http://irep.iium.edu.my/39345/2/Internatioal_Conference_on_Law%2C_Order_and_Criminal_Justice_2014_%28Programme_brocheur%29.pdf http://irep.iium.edu.my/39345/3/International_Conference_on_Law%2C_order_and_crimiinal_Justice_2014_%28Parellel_Sessions%29%29.pdf http://irep.iium.edu.my/39345/8/Combatting_Maritime_Offences_in_Malaysia_%2528Prof._Ghafur%2529.pdf
first_indexed	2023-09-18T20:56:31Z
last_indexed	2023-09-18T20:56:31Z
_version_	1777410340471963648

Combatting maritime offences in Malaysia: an analysis of legal and procedural loopholes

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