Refusal or neglect to appear before Auditor General or to produce books for inspection
(1) For the purposes of audit and examination of accounts under this Act, the Auditor General or an auditor authorized by the Auditor General may by notice in writing—
(a) require the production before him of all books, deeds, contracts, vouchers and all other documents and papers which he deems necessary;
(b) require any person holding or accountable for any such books, deeds, contracts, vouchers, documents or papers to appear before him at any such audit and examination or adjournment thereof, and to make and sign a declaration with respect to the same.
(2) Any person who fails to comply with any requirement made under subsection (1) or fails to produce any book of account to any person entitled to inspect the same shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred ringgit.
Penalty for evading rates or charges
The master or owner of a vessel, or the owner, consignor or consignee of any goods imported into or exported out of the Port, who by any means whatsoever eludes or evades, or attempts to elude or evade, or neglects or omits to pay, any of the rates or charges leviable under this Act, shall pay to the Authority by way of damages in addition to such rates or charges, a sum equal to the rates or charges so eluded or evaded, or attempted to be eluded or evaded, or neglected or omitted to be paid, and he shall also be guilty of an
offence and shall, on conviction, be liable to a fine not exceeding * two thousand ringgit.
List of all goods imported or exported to be left at office of Authority
(1) The master or owner of every importing vessel or his agent shall sign and leave at the office of the Authority, within fourteen days next after the final discharge of all goods imported by the vessel, a full and accurate list of the goods, containing all particulars as to—
(a) the gross weight or measurement, marks, numbers and contents of each package; and
(b) the names of the consignees according to the bills of lading, or the names of the person actually paying the freight for the goods.
(2) Any owner, master or agent who omits or fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *two thousand ringgit.
(3) The owner, charterer, consignor, agent or other person acting in the loading and clearing of every exporting vessel shall prepare a full and accurate list or manifest of all goods exported by the vessel from the bills of lading and freight list thereof, and shall sign and leave at the office of the Authority within fourteen days next after the vessel has cleared from the Port a correct transcript of the list or manifest, distinguishing therein the names of the several shippers of the goods according to the bills of lading.
(4) Any owner, charterer, consignor, agent or other person who fails to comply with subsection (3) shall be guilty of an offence and
* NOTE—Previously “five hundred ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
shall, on conviction, be liable to a fine not exceeding *two thousand ringgit.
Penalties to extend as well to principals as servants
All penalties imposed by section 69 or 70 shall extend—
(a) to the principals in any house of business—
(i) by whom or on whose account, or for whose profitor advantage, such payment has been eluded, evaded, neglected or omitted to be made; or
(ii) by whom the lists, manifests and transcripts have been omitted to be made, signed, deposited and left; and
(b) to any clerk and servant of the principals employed or acting in such house of business.
Penalty for disobeying orders of wharf superintendent
(1) If the master of a vessel, without the permission of the Authority, brings or causes his vessel to be placed alongside any wharf or dock entrance, or acts contrary to the directions or neglects to obey the orders of the wharf superintendent in relation to the time and manner of coming into or going out of any dock, or of coming alongside any wharf, or as to the berth allotted for his vessel to occupy, or disobeys an order to remove his vessel from the berth or to alter the same, the master or owner of the vessel shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
(2) Where the master of a vessel which has finished loading or discharging or is waiting for cargo or ballast fails to comply with a notice given to him or to the officer in charge of the vessel by the
* NOTE—Previously “five hundred ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
wharf superintendent directing that the vessel leave the wharf, the master or the owner of the vessel shall, in addition to the fine, be liable to pay a sum (by way of damages) assessed at the rate of one-quarter cent per gross registered ton for every hour that the vessel remains at the wharf after the time for departure required by the notice has expired.
Penalty for hindrances or obstructions to any member, officer or servant of the Authority
Any person who hinders or obstructs any member, officer or servant of the Authority in the performance or execution of his duty or in carrying out anything which he is empowered or required to do by virtue of or in consequence of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Penalty for not keeping vessel so loaded with ballast or otherwise as to be safely removed
(1) Every vessel lying alongside a wharf or within any dock shall be kept so equipped, provided and loaded or ballasted by the master or owner as to enable it to be removed with safety whenever it is necessary in the judgment of the wharf superintendent that it shall be removed.
(2) The master or owner of a vessel who contravenes subsection
(1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *two thousand ringgit.
* NOTE—Previously “one thousand ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
Powers of General Manager or authorized person to order scuttling or removal of vessel in case of fire
(1) In the event of fire breaking out on board any vessel in the Port, the General Manager or any person authorized by him may proceed on board the vessel with such assistance and persons as to him seems fit and may give such orders as seem to him necessary for scuttling the vessel or for removing that vessel or any other vessel to such place as to him seems proper to prevent danger to that vessel or any other vessel, and he may take such other measures that appear to him expedient for the protection of life or property.
(2) If orders given pursuant to subsection (1) are not forthwith carried out by the master of the vessel, the General Manager or the person authorized by him may himself proceed to carry the orders into effect.
(3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) shall be recoverable from the master or owner of the vessel concerned as if it were a fine and in the manner provided by the Criminal Procedure Code [Act 593] or as a civil debt.
Boarding of vessel when commission of offence suspected
(1) The General Manager or such person as may be authorized by him may board any vessel within the Port whenever he suspects that an offence under this Act or any rules or by-laws made thereunder has been or is about to be committed on or in the vessel or whenever he considers it necessary so to do in the discharge of his duties under this Act or any rules or by-laws made thereunder.
(1A) The General Manager or such person as may be authorized by him may, in exercising his powers and carrying out his duties under subsection (1), seize any article, document or thing which he has reasonable ground for believing has been used for the commission of, or is the subject matter of, or is required for the purpose of investigation and prosecution of, an offence under this Act or any by-laws made thereunder.
(2) The master of such vessel who, without lawful excuse, refuses to allow the boarding of such vessel pursuant to subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *one thousand ringgit.
Penalties as to employment of pilot other than Authority pilot
(1) Any person who, not being an Authority pilot or a person licensed under subsection 55A (1), engages in an act of pilotage or attempts to obtain employment as a pilot of a vessel entering or being within a pilotage district shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding **two thousand ringgit.
(2) The master or owner of a vessel entering or being within a pilotage district who knowingly employs as pilot a person who is not an Authority pilot or a person licensed under subsection 55A(1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding **two thousand ringgit.
(3) For the purposes of this section, an Authority pilot acting beyond the limits of a pilotage district for which he is licensed or in contravention of any condition imposed in his licence shall be deemed not to be an Authority pilot.
(4) Any person may, without subjecting himself or his employer to a penalty, act as the pilot of a vessel entering or leaving a pilotage district when the vessel is in distress or under circumstances making it necessary for the master to avail himself of the best assistance that can be found at the time.
* NOTE—Previously “two hundred ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
**NOTE—Previously “one thousand ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
Receiving or offering improper rates of pilotage
(1) An Authority pilot or a person licensed under subsection 55A(1) shall not demand or receive, and a master, owner or agent shall not offer or pay to the pilot any rate in respect of pilotage services other than the prescribed rate.
(2) An Authority pilot or a person licensed under subsection 55A(1), a master, an owner or agent who acts in contravention of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five hundred ringgit and the licence of the pilot may be suspended or cancelled by the Authority.
Offences by Authority pilot
(1) An Authority pilot, or any person licensed under subsection 55A (1) who—
(a) is in any way directly or indirectly concerned in any corrupt practice relating to vessels, their tackle, furniture, cargoes, crews or passengers, or to persons in distress at sea or by shipwreck or to their moneys, goods or chattels;
(b) lends his licence;
(c) acts as a pilot while suspended;
(d) acts as a pilot when in a state of intoxication;
(e) refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot a vessel within the limits of the pilotage district for which he is licensed upon being required so to do by an officer or servant of the Authority duly authorized in that behalf; or
* NOTE—Previously “one hundred ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
(f) quits the vessel under his pilotage without the consent of the master before the service for which he was engaged has been performed,
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.
(2) A person who procures, aids, abets or connives at the commission of an offence under this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.
(3) An Authority pilot who commits an offence under this section, or procures, aids, abets or connives at the commission of any such offence shall be liable on conviction to suspension or dismissal by the Authority.
(4) Any person licensed under subsection 55A(1) who commits an offence under this section, or procures, aids, abets or connives at the commission of any such offence shall, on conviction, be liable to suspension or revocation of the licence.
Penalty on pilot endangering ship, life or limb
An Authority pilot or a person licensed under subsection 55A(1) who, when engaged in the pilotage of a vessel, by wilful breach of duty or by neglect or by reason of drunkenness—
(a) does any act tending to the immediate loss, destruction or serious damage of the vessel, or tending immediately to endanger the life or limb of any person on board the vessel; or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from loss, destruction or serious damage, or for preserving the life of any person belonging to or being on board the vessel from danger to life or limb,
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or both, and shall also be liable on conviction to suspension or dismissal by the Authority:
Provided that no person licensed under subsection 55A(1) shall be dismissed by the Authority.
Failure to employ Authority pilot or licensed pilot under certain circumstances
(1) The master, owner or agent of a vessel navigating in circumstances in which the vessel is required by the Authority under section 54 to be under pilotage who does not employ an Authority pilot or a person licensed under subsection 55A(1) for such purpose shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.
(2) Upon being found guilty of any offence under subsection (1), the court before which the master, owner or agent of the vessel is found guilty shall order such master, owner or agent to pay to the Authority the amount certified by the accountant of the Authority to be the amount of dues and rates which would have been payable to the Authority if the vessel had been under pilotage as required by this Act and such amount shall be recoverable in the same manner as a fine.
Penalty for false information on draught
The master of a vessel—
(a) entering or leaving any dock; or
(b) intending to enter or leave any dock, or to come alongside or to depart from any wharf, who gives false information relating to the draught of water of the vessel to an officer of the Authority whose duty it is to ascertain the
same, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *two thousand ringgit.
Penalty for giving false statement in return
Any person who makes a statement which is false in any material particular in a return, claim, application, declaration or other document which is required or authorized to be made under this Act or any rules or by-laws made thereunder, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding **five thousand ringgit.
Penalty for throwing ballast, etc., into dock
Any person who throws or empties into a dock any ballast, rubbish, dust, ashes, stones or other refuse or things, or does an act to prejudice any of the works of the Authority, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.
Authority to recover expenses incurred for act done pursuant to a lawful direction
(1) When any person without lawful excuse refuses or neglects to obey any direction lawfully given under this Act or the by-laws made thereunder the Authority may, irrespective of whether any proceedings have been instituted against or any punishment imposed on such person for the refusal or neglect, do or cause to be done all such acts as are in its opinion reasonable or necessary for the purpose of carrying out such direction.
(2) The powers conferred by subsection (1) include the power to hire and employ such persons as are necessary and proper for making good whatever loss or damage that has been caused by any refusal or neglect of the person to whom the direction has been given.
(3) Any expenses incurred in the exercise of the powers conferred under subsection (1) or (2) shall be recoverable from the person to whom the direction has been given as a civil debt.
*NOTE—Previously “one thousand ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831]. **NOTE—Previously “one thousand ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
General penalty
Any person who contravenes any of the provisions of this Act or of any rules or by-laws made thereunder shall be guilty of an offence and shall, on conviction, if no penalty is provided therefor, be liable to a fine not exceeding five hundred ringgit.
Penalty for contravening section 44 or 45
Any person who contravenes section 44 or 45 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
Offence committed by a body corporate: officers deemed to be guilty
Where an offence under this Act or under any of the by laws made thereunder is committed by a body corporate (whether or not the body corporate has been prosecuted) every director, secretary or manager of the body corporate shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances of the case.
Evasion of rates or charges not waived by subsequent acceptance of payment
The tender to, or acceptance by or on behalf of, the Authority of the payment of any rate or charge, which payment has previously been evaded or not made, shall not release or discharge any person from any liability for damages or penalty provided under this Act, consequent upon such evasion or non-payment.
Recovery of damages for injury to property of Authority
(1) Where damage is caused to a gate, bridge, pier, jetty, quay, wharf, warehouse, shed, graving dock, graving block, building or other work belonging to the Authority by a vessel or by any of the persons belonging to or employed about a vessel, an amount to make good the damage may be recovered from the master or owner of the vessel.
(2) For the purposes of subsection (1), the Authority may detain the vessel until—
(a) the amount to make good the damage has been paid;
(b) a deposit equal in amount to the claim or demand made by the Authority for the estimated amount to make good the damage has been made by the master or owner of the vessel; or
(c) security is given for the payment of the entire amount to make good the damage.
(3) Where a deposit has been made, the Authority shall receive and retain the deposit until the extent of and the amount to make good such damage has been ascertained by the Authority and paid to it by such master or owner.
(4) Every deposit made under subsection (2) shall be considered to have been made as payment of or towards the claim or demand for damage referred to in subsection (1), unless notice that the claim is
disputed is given to the Authority within seven days next after the deposit is made.
(5) After the expiration of seven days next following such deposit, the Authority may unless—
(a) in the meantime notice has been given to it that the claim is disputed; or
(b) the amount to make good the damage done by the vessel has been sooner paid,
apply the deposit or a sufficient part thereof in making good the damage and the Authority shall return the residue, if any, to such master or owner.
(6) Every notice declaring that a claim is disputed shall be in writing and shall contain the name and address of a person within Malaysia who is authorized to act on behalf of such master or owner in reference to such claim.
(7) Notwithstanding any written law to the contrary, service of any document or legal process on the person authorized to act under subsection (6) shall be deemed good service on such master or owner for all purposes.
Offence may be tried by Magistrate’s Court
Any offence under this Act or any rules or by-laws made thereunder may be tried by a Magistrate’s Court of the First Class and, notwithstanding the provisions of any written law to the contrary, such Magistrate may impose the full penalty provided in respect of such offence.
Distress in the event of failure to pay damages or costs
(1) The Authority shall, in the event that any damages or costs awarded to it by a court are not forthwith paid, have power to
recover the same by way of distress under a warrant issued by the court.
(2) The court may order a person against whom a warrant of distress has been levied under this section to be kept in safe custody until return can be made to the warrant, unless the person gives security by way of recognisance or otherwise for his appearance before the court on the day appointed for the return.
(3) If it appears to the court by the admission of the person concerned or otherwise that no sufficient distress can be had within its jurisdiction for the purpose of recovering the damages or costs awarded to the Authority under this section, the court shall commit the offender to prison for a term not exceeding six months unless the damages or costs are sooner paid and satisfied.
Limitation of period of prosecution
No prosecution for an offence under this Act or any rules or by-laws made thereunder shall be instituted later than three years from the date of the discovery of the commission of the offence.
Power to compound offence
(1) The Minister may, by order to be published in the Gazette, prescribe any offence against the provisions of this Act or of any bylaws made thereunder as an offence which may be compounded by the Authority.
(2) The General Manager may, in his discretion, compound such offence prescribed under subsection (1) by accepting from the person reasonably suspected of having committed any such offence a sum of money not exceeding five hundred ringgit.
(3) The Minister may, by the same order made under subsection
(1), prescribe the method and procedure for compounding any offence against the provisions of this Act or of any rules or by-laws made thereunder.
Service on company of summons
(1) It shall be sufficient in any summons issued by a Magistrate’s Court under this Act or any rules or by-laws made thereunder, against a firm or company, to direct that the summons be served on the firm or company, or an officer or manager thereof.
(2) Service of the summons at the usual place of business of the firm or company shall be deemed to be sufficient service thereof.
Conduct of prosecution
Without prejudice to the provisions of any other written law, any prosecution in respect of an offence under this Act or any rules or by-laws made thereunder may be conducted by an officer of the Authority authorized in writing by the Chairman in that behalf.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
