INTERNATIONAL MARITIME LAW

 1 Application of Hague Rules  (1) Those Rules contained in the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brussels on 25 August 1924, as amended by the Protocol signed at Brussels on 23 February 1968, which are set out in the Schedule (hereinafter referred to as the Rules) shall, subject to the provisions of this Act, have the force of law and apply in respect of the Republic in relation to and in connection with-  (a) the carriage of goods by sea in ships where the port of shipment is a port in the Republic, whether or not the carriage is between ports in two different States within the meaning of Article X of the Rules;  (b) any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules shall govern the contract; HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 68

 1 Application of Hague Rules  (c) any receipt which is a non-negotiable document marked as such if the contract contained in it or evidenced by it or pursuant to which it is issued is a contract for the carriage of goods by sea which expressly provides that the Rules are to govern the contract as if the receipt were a bill of lading, but subject to any necessary modifications and in particular with the omission in Article III of the Rules of the second sentence of paragraph 4 and paragraph 7; and  (d) deck cargo or live animals, if and in so far as the contract contained in or evidenced by a bill of lading or receipt referred to in paragraph (b) or (c) applies to deck cargo or live animals, as if Article I (c) of the Rules did not exclude deck cargo and live animals, and in this paragraph `deck cargo' means cargo which by the contract of carriage is stated as being carried on deck and is so carried.  (2) The State President may by proclamation in the Gazette amend the Schedule and subsection (1) of this section to give effect to any amendment of or addition to the Rules which may be made from time to time and adopted by the Government of the Republic. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 69



 The International Regulations for Preventing Collisions at Sea 1972 (Colregs) are published by the International Maritime Organization (IMO), and set out, among other things, the \"rules of the road\" or navigation rules to be followed by ships and other vessels at sea in order to prevent collisions between two or more vessels. COLREGs can also refer to the specific political line that divides inland waterways, which are subject to their own navigation rules, and coastal waterways, which are subject to international navigation rules. The COLREGs are derived from a multilateral treaty called the Convention on the International Regulations for Preventing Collisions at Sea. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 71

 1. COLREG  A commonly held misconception concerning the rules of marine navigation is that by following specific rules, a vessel can gain certain rights of way over other vessels. No vessel ever has absolute \"right of way\" over other vessels. Rather, there can be a \"give way\" (burdened) vessel and a \"stand on\" (privileged) vessel, or there may be two give way vessels with no stand on vessel. A stand on vessel does not have an absolute right of way over any give way vessel, for if there is a risk of collision, a stand on vessel may still be obliged under Rule 2 to give way so as to avoid it, if doing so will be effective and is practicable. Two power-driven vessels approaching each other head to head, are both deemed to be \"give way\" and both are required to alter course so as to avoid colliding with the other. Neither vessel has \"right of way\" HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 72

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End of topic HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 715/2/2021

 1. What type of legislation has to be imposed on maritime users while plying through Malaysian waters in order to safeguard these pristine coastal areas from being polluted from ships?  2.After deliberating over more than 14 years, why some countries do not agree to sign the UNCLOS III agreement, do quote some examples to explain your point.  3. Draw Malaysian territories at sea and explain our jurisdiction over those claimed areas. Explain why we have disputes over some claimed areas with our neighbouring countries?  4. Describe one major collision that has occurred within Malaysian waters in previous records and how the situation has been resolved?  5. Elaborate on two test cases where the freedom of the seas and a state sovereignty issues under UNCLOS III being challenged? HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 76

ILL CONVENTION – IML Topic 3p1 - additional CALCULATION AND ASSIGNMENT OF FREEBOARD























































Code of Safe Working Practices for Merchant Seamen Topic 3p2

Topic Contents 3.2.1 Intended course and adequacy of copies of the code 3.2.2 Areas of concern based on sections 3.2.3 Contents of COSWP for merchant seaman 3.2.4 Various safe work practices and personal shipboard safety 3.2.5 Areas covered in safety committee meeting 3.2.6 Personal health and hygiene onboard 3.2.7 Usage of analysers and various gas measuring tools

3.2.1 Intended course and adequacy of copies of the code • Every Merchant seafarer should appraise themselves with the publication and its contents. • Questions concerning COSWP make a regular appearance in both MCA oral and written examinations at all ranks. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/578413/CSWPMS_2016_collated_for_web_final.pdf https://officerofthewatch.co.uk/2016/02/code-safe-working-practices-merchant-seafarers-2015-edition/

3.2.1 Intended course and adequacy of copies of the code (cont’d) • It is important that a comprehensive and clear induction process is carried out, with respect to Company and vessel-specific requirements, for every joining member of the crew. • The inductions should be used to explain the rules and expectations in a format that is easily understood. • All crew members should be given copies or overviews of rules appropriate to them, along with information on where the full information can be found. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/578413/CSWPMS_2016_collated_for_web_final.pdf

3.2.2 Areas of concern based on sections • The Code of Safe Working Practices for Merchant Seafarers is aimed at seafarers on world countries'’ registered SOLAS ships • Copies of this Code should be carried on all countries’ registered vessels and made available to any seafarer who requests it. • The Code reflects the requirements of the Health and Safety in Employment Act 1992 (HSE Act),the Maritime Transport Act 1994 (MT Act), the Maritime Rules and the Marine Protection Rules. • Although the Code is intended primarily for seafarers, the practices recommended apply to both employers and employees alike, and it can be effective only if all understand it and co- operate in its implementation. The Code is divided into four key sections: • Section 1 deals with safety management and the statutory duties underpinning the advice in the remainder of the Code • Section 2 sets out the safety procedures that should be brought to the attention of new recruits • Section 3 is concerned with various working practices common to all ships • Section 4 covers safety for specialist ship operations https://www.academia.edu/8937568/Code-of-safe-working-practices-for-seafarers

3.2.3 Contents of COSWP for merchant seaman SECTION 1 SAFETY RESPONSIBILITIES/SHIPBOARD MANAGEMENT SECTION 3 WORK ACTIVITIES CHAPTER1: HAZARD IDENTIFICATION CHAPTER 15: SAFE SYSTEMS OF WORK CHAPTER 2: HEALTH SURVEILLANCE CHAPTER 16: PERMIT TO WORK SYSTEMS CHAPTER 3: RESPONSIBILITIES FOR SAFETY CHAPTER 17: ENTERING ENCLOSED OR CONFINED SPACES CHAPTER 4: PERSONAL PROTECTIVE EQUIPMENT CHAPTER 18: BOARDING ARRANGEMENTS CHAPTER 5: SAFETY SIGNS CHAPTER 19: MANUAL HANDLING CHAPTER 6: MEANS OF ACCESS AND SAFE MOVEMENT CHAPTER 20: USE OF WORK EQUIPMENT CHAPTER 7: WORK EQUIPMENT CHAPTER 21: LIFTING PLANT CHAPTER 22: MAINTENANCE SECTION 2 PERSONAL HEALTH AND SAFETY CHAPTER 23: HOT WORK CHAPTER 24: PAINTING CHAPTER 8: PERSONAL HEALTH AND SAFETY CHAPTER 25: ANCHORING, MOORING AND TOWING OPERATIONS CHAPTER 9: FIRE PRECAUTIONS CHAPTER 26: HATCH COVERS AND ACCESS LIDS CHAPTER 10: EMERGENCY PROCEDURES CHAPTER 27: HAZARDOUS SUBSTANCES CHAPTER 11: SECURITY ON BOARD CHAPTER 28 USE OF SAFETY SIGNS CHAPTER 12: LIVING ON BOARD CHAPTER 13: SAFE MOVEMENT SECTION 4 SPECIALIST SHIPS CHAPTER 14: FOOD PREPARATION AND HANDLING CHAPTER 29: DRY CARGO SHIPS CHAPTER 30: TANKERS AND OTHER SHIPS CARRYING BULK LIQUID CARGOES CHAPTER 31: SHIPS SERVING OFFSHORE OIL AND GAS INSTALLATIONS CHAPTER 32: SPECIALIST SHIPS – RO-RO FERRIES CHAPTER 33: PORT TOWAGE INDUSTRY https://www.academia.edu/8937568/Code-of-safe-working-practices-for-seafarers

3.2.4 Various safe work practices and personal shipboard safety A. Working aloft and outboard • Personnel working at a height may not be able to give their full attention to the job and, at the same time, guard themselves against falling. • It must be remembered that the movement of a ship in a seaway and extreme weather conditions even when alongside, will add to the hazards involved. A stage or ladder should also be used when work is to be done beyond normal reach. • Personnel with less than 12 months experience at sea, should not work aloft unless accompanied by an experienced person or otherwise adequately supervised. • Personnel working aloft should wear a safety harness with lifeline or other arresting device at all times. • A safety net should be rigged where necessary and appropriate. Where work is done over the side, buoyancy garments should be worn and a lifebuoy with sufficient line attached should be kept ready for immediate use. Personnel should be under observation by a person on deck. • Other than emergency situations personnel should not work over the side while the vessel is underway. If such work has to be undertaken lifeboats or rescue boats should be ready for immediate use. https://www.academia.edu/8937568/Code-of-safe-working-practices-for-seafarers

3.2.4 Various safe work practices and personal shipboard safety (cont’d) A. Working aloft and outboard (cont’d) • Before work is commenced near the ship’s whistle, the officer responsible should ensure that power is shut off and warning notices posted on the bridge and in the machinery spaces. • Before work is commenced on the funnel, the officer responsible should ask the duty engineer to ensure that emission of steam, harmful gases and fumes are reduced as far as practicable. • Before work is commenced in the vicinity of radio aerials, the officer responsible should inform the radio room or person in charge of radio equipment so that no transmissions are made whilst there is risk to personnel. A warning notice should be put up in the radio room. • Where work is to be done near the radar scanner , the officer responsible should inform the officer on watch so that the radar and scanner are isolated. • Work aloft should not be carried out in the vicinity of cargo working, unless it is essential. Care must always be taken to avoid risks to anyone below. Warning notices should be displayed. Tools and stores should be sent up and lowered by line in suitable containers which should be secured in place to keep tools or material not being used. • No one should place tools where they can be accidentally knocked down and may fall on someone below, nor should tools be carried in pockets from which they may easily fall. When working aloft it is often best to wear a belt designed to hold tools securely in loops. https://www.academia.edu/8937568/Code-of-safe-working-practices-for-seafarers

3.2.4 Various safe work practices and personal shipboard safety (cont’d) SECTION B – Checklists B. Working To be completed by the authorised officer (AO) and competent person (CP) over the side B2 – Preparation checklist

3.2.4 Various safe work practices and personal shipboard safety (cont’d) C. Enclosed space 3.7.3 If working in an enclosed space, steps should be taken to ensure that the space is ventilated as well as possible. Light clothing should be worn, in order to allow the largest possible surface for free evaporation of sweat. 15.1.6 Any dangerous (enclosed) spaces on board ship should be identified using risk assessment and kept under review. It is recommended that an inventory is made of any enclosed spaces that seafarers may enter where there is any likelihood that they might become dangerous. The inventory should record the characteristics of the space, the likely hazard and measures to prevent entry unless safety procedures are followed. Any difficulties inherent in rescue from the space should also be considered, and solutions identified, so that in the event of an emergency, the crew is in the best position to respond quickly. This inventory should be reviewed regularly.

3.2.4 Various safe work practices and personal shipboard safety (cont’d) C. Enclosed Space 15.1.8 Entrances to all unattended dangerous spaces on a ship should be kept locked or secured against entry. Any hatches to readily accessible enclosed spaces should be marked as the entrance to a dangerous space. When the space is open for work to be carried out, an attendant should be posted or a barrier and warning sign put in place. As far as possible, work should be arranged in such a way that no one has to enter the space. 15.1.9 All crew should be given on-board training and familiarisation with the risks of entry into dangerous spaces on board. Training should include as a minimum: • identification of the hazards likely to be faced during entry into enclosed spaces; • knowledge of the procedures for assessment of the space; • knowledge of the procedures for safe entry; and • recognition of the signs of adverse health effects caused by exposure to hazards during entry

3.2.4 Various safe work practices and personal shipboard safety (cont’d) D. PERMIT TO WORK SYSTEMS Based on the findings of the hazard identification process, appropriate control measures should be put into place to protect those who may be affected. This chapter covers permits-to-work, which are suggested control measures for particular operations. https://www.academia.edu/8937568/Code-of-safe-working-practices-for-seafarers

3.2.4 Various safe work practices and personal shipboard safety (cont’d) D. Permit-to-work systems • There are many types of operation on board ship where the routine actions of one person may inadvertently endanger another or when a series of action steps need to be taken to ensure the safety of those engaged in a specific operation. It is necessary, before the work is done, to identify the hazards and then to ensure that they are eliminated or effectively controlled • Ultimate responsibility rests with the employer to see that this is done • The permit-to-work system consists of an organised and pre-defined safety procedure. A permit-to-work does not in itself make the job safe, but contributes to safety • The particular circumstances of individual ships will determine when permit-to-work systems should be used. https://www.academia.edu/8937568/Code-of-safe-working-practices-for-seafarers