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 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 )