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

Authors: Abdul Ghafur Hamid

Addresses: Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, P.O. Box 10, 50728 Kuala Lumpur, Malaysia

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 criminalised 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.

Keywords: maritime security threats; maritime crimes in Malaysia; lack of anti-piracy law; proposed maritime crimes law.

DOI: 10.1504/IJPLAP.2017.085601

International Journal of Public Law and Policy, 2017 Vol.6 No.1, pp.1 - 20

Received: 12 Jul 2016
Accepted: 08 Dec 2016

Published online: 28 Jul 2017 *

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