Filling the legal vacuum in combatting maritime crimes: A law reform strategy for Malaysia

Hamid, Abdul Ghafur@Khin Maung Sein (2017) Filling the legal vacuum in combatting maritime crimes: A law reform strategy for Malaysia. International Journal of Public Law and Policy (IJPLAP), 6 (1). pp. 1-20. ISSN 2044-7663 E-ISSN 2044-7671

	PDF - Published Version Restricted to Repository staff only Download (129kB) | Request a copy
	PDF (SCOPUS) - Supplemental Material Restricted to Repository staff only Download (29kB) | Request a copy

Abstract

Maritime security is a major concern for Malaysia as a maritime nation. The crucial question nevertheless is whether there are adequate laws to deal with key maritime crimes that need effective law enforcement measures. The paper finds that no maritime offences are criminalized in the Penal Code, the principal criminal law of Malaysia and that there is neither an anti-piracy law nor any other special criminal law available in Malaysia to combat maritime crimes. A regretful failure to apply a more appropriate law to prosecute Somali pirates demonstrates well an urgent need in Malaysia for a law reform that can effectively combat maritime crimes. On the basis of an analysis of the laws of selected common law countries, the paper concludes with suggestions on proposed maritime crimes law to be recommended to the Government of Malaysia.

Item Type:	Article (Journal)
Additional Information:	3163/59827
Uncontrolled Keywords:	maritime security threats; maritime crimes in Malaysia; lack of anti-piracy law; proposed maritime crimes law
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr. Abdul Ghafur Hamid
Date Deposited:	07 Dec 2017 10:12
Last Modified:	07 Dec 2017 10:12
URI:	http://irep.iium.edu.my/id/eprint/59827

Actions (login required)

View Item