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Johor draws the line for foreign-registered bunkering vessels

The Johor Port Authority makes a decision to allow only Malaysia-registered ships to offer bunkering and other types of marine services at Johor state ports.

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Players from both sides of the Johor-Singapore causeway welcomed a move by Lembaga Pelabuhan Johor, also known as the Johor Port Authority (JPA), to prohibit foreign-registered vessels from operating or providing marine services at all ports in the state of Johor effective 1 January, 2018.

The JPA directive seems to have drawn the line for Singapore bunkering tankers conducting outer port limit (OPL) deliveries outside Singapore, particularly in Malaysian territorial waters.

“Kudos to the Director of Marine Southern Region for taking a bold decision to disallow foreign registered vessels to operate bunkering activities within port limits of Johor,” a bunker supplier operating at Johor told Manifold Times.

“From the industry point of view, we are supportive of this ruling and its relevance. We hope that it will be enforced at all ports in Malaysia.”

The Malaysian bunkering industry has reiterated to local authorities the importance of banning foreign-flagged vessels to conduct marine fuel delivery operations at Malaysian waters for many years, he says.

“This is due to several negative impacts caused by foreign-registered vessel that not only interrupt business opportunities to domestic bunker operators but also to environment and safety issues,” he adds.

“In regard to this development, we hope all relevant agencies that oversee bunkering activities in Malaysia can take a holistic approach on the bunkering industry in line with the government long term plan to turn Malaysia ports into leading hubs for bunkering operation in Asia.”

A Singapore-based bunker industry observer has also approved the development.

“The directive reduces a lot of confusion here and sends a clear message to Singapore bunkering companies not to go over the fence for deliveries at Malaysia,” he notes.

“Ports around Johor belong to the state and not to any other countries.

“In order for Johor to regulate their own bunker industry they can only regulate vessels coming from Malaysia and Johor; they are not in a position to regulate foreign-registered bunkering vessels.

“It is also a very timely decision because there are so many other suppliers going up from Singapore to Johor to do bunker deliveries, so it is not good for Johor port itself as the local industry will have to be able to manage their own bunker deliveries and not allow other ports to come take business away.”

According to the JPA document, foreign-registered vessels are prohibited from offering bunkering, supply of fresh water, transport of ships waste (sludge, slop, etc), supply of provisions, transport of garbage, and other marine services determined by the Port Officer at all ports in the state of Johor.

Foreign registered vessels more than fifteen (15) net tonnage are required to register their vessels to Malaysian Registry or Terminable Certificate of Registry (TCR) in preparation to meet the requirements of the Merchant Shipping Ordinance (Amendments) 2017.

Foreign registered vessels that have been issued with approvals may continue to operate until the expiry of their respective approvals. These requirements serve as directives of the Port Officer made under section 447 of the MSO 1952.

Publication date: 15 January, 2018

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Bunker Fuel

Creditors to file proof of debt for Singapore’s collapsed oil firm Hin Leong Trading

Creditors who have not previously filed a proof of debt with the Liquidators in respect of their debts are to file their proof of debt with liquidators by 6 June 2024.

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calculator steve pb from Pixabay

A notice in the Government Gazette was published on Thursday (23 May) by liquidators of Singapore-based defunct oil trading company Hin Leong Trading, which is undergoing compulsory liquidation,  for creditors to file proof of debt against the company.

Creditors who have not previously filed a proof of debt with the Liquidators in respect of their debts are to file their proof of debt with the Liquidators in the prescribed form (Form CWU-1) by 6 June 2024 (the Submission Deadline).

Creditors who do not file a proof of debt by the Submission Deadline will be excluded from the aforementioned interim dividend.

For the avoidance of doubt, creditors who had previously filed a proof of debt with the Liquidators shall not be required to re-file their proof of debt.

Proofs of debt may be submitted to the Liquidators by way of e-mail or by mail at the following address:

Hin Leong Trading (Pte.) Ltd (In Compulsory Liquidation)
c/o the Liquidators
7 Straits View, Marina One
East Tower, Level 12
Singapore 018936
Email: [email protected] 

Any queries in relation to and/or arising out of this Notice should be directed to the liquidators by way of email at [email protected]

Manifold Times previously reported Founder of Hin Leong Trading, Lim Oon Kuin, also known as OK Lim, was convicted on two charges of cheating and one charge of instigating forgery for the purpose of cheating after a trial of over 60 days.

The 82-year-old was first charged in court on 14 August 2020, and was subsequently handed further charges in court on 25 September 2020, 30 April 2021 and 24 June 2021 for his role in perpetuating fraud on various financial institutions. 

These three charges concern two fraudulent discounting applications made by Hin Leong to the Hongkong and Shanghai Banking Corporation Limited (HSBC), pursuant to which HSBC disbursed a total of USD 111,683,939 to Hin Leong. The rest of the charges were stood down pending resolution of the trial.

An extensive coverage by Singapore bunkering publication Manifold Times regarding the fall of Hin Leong can be found below:

Related: Singapore: Lawyers of OK Lim and daughter accuse former PA of lying in her testimony
Related: Former PA to Hin Leong Trading Founder refutes OK Lim’s claim on his role in firm
Related: Founder OK Lim grilled by prosecutors on his involvement at Hin Leong Trading
Related: Singapore: Hin Leong Trading Founder testifies for the first time in his own defence
Related: Singapore: Hin Leong Trading Founder to testify in USD 111.7 mil cheating, forgery case
Related: Singapore: O.K. Lim, children faces liquidators and HSBC in USD 3.5 bil civil lawsuit
Related: Former PA to Hin Leong Trading Founder found lying in CAD investigations
Related: Singapore: Hin Leong Trading Founder goes to trial for cheating, forgery charges
Related: Hin Leong Trading Founder faces additional 105 cheating, forgery charges in court
Related: Ocean Tankers judicial managers progressing to liquidate firm after expiry of court order
Related: Singapore: Hin Leong Trading Director charged with obstructing course of justice
Related: Court of Appeal: Hin Leong, Lim family claim ‘without any factual or legal basis’
Related: Singapore: High Court dismisses UniCredit Bank USD 37 million claim against Glencore over Hin Leong transaction
Related: Singapore: Hin Leong takes Deloitte to court over alleged auditing failures
Related: Hin Leong Trading Founder OK Lim facing 23 new forgery-related charges at State Courts
Related: Application to wind up Hin Leong Trading subsidiary, Hin Leong Marine approved
Related: Singapore High Court approves Hin Leong Trading wind up order application
Related: Hin Leong Trading liquidates a third of its fleet to recover USD 3.5 billion debt
Related: Lim family aims to wind up Hin Leong Trading subsidiary, Hin Leong Marine
Related: Judicial Managers of Hin Leong Trading Pte Ltd file for winding up order
Related: Hin Leong judicial managers to hold meeting of creditors to discuss fees incurred
Related: Lim family files application to wind up Hin Leong Trading subsidiary, Hin Leong Marine
Related: First creditors meeting of Ocean Tankers to be held in early January 2021
Related: Bank of China takes legal action against BP Plc and Lim family to recover $312.9 million
Related: OBS to wind up operations; creditor list alleges estimated USD 42 million debt
Related: Ocean Tankers publishes notice for creditors to prove any debts or claims for publication
Related: Hin Leong Trading founder denies allegations of forgery put forward by HSBC
Related: Singapore: Xihe Holdings and subsidiaries to be placed under judicial management
Related: HSBC takes Lim family and Hin Leong employee to court to recover USD 85.3 million
Related: Da An Shipping Pte Ltd passes winding-up resolution and publishes notice to creditors
Related: Xihe Capital and subsidiaries, Nan Guang Maritime to undergo voluntary liquidation
Related: MPA: Ocean Bunkering Services licenses suspended ‘until further notice’ and not revoked
Related: Ocean Bunkering Services bunker claims against ASL Marine & Offshore heads to arbitration
Related: Ocean Tankers to return most ships to owners to reduce $540,000 a day cash burn
Related: Singapore: Ocean Bunkering Services license suspended until further notice
Related: PwC publishes ‘investment opportunity’ for Singapore independent bunker fuel supplier
Related: Hin Leong founder O.K. Lim hit with second charge of abatement in forgery
Related: Hin Leong judicial managers and legal firms could rack up SGD 17.3 million in fees
Related: Winson Group wins ICC backing in dispute against banks over credit for Hin Leong Trading
Related: O.K. Lim and two children sued for USD 3.5billion; receiver appointed for 3 Xihe ships
Related: Managers of Ocean Tankers looking to recover USD 19 million from Lim family
Related: Argus Media: Singapore’s Hin Leong founder charged with forgery
Related: Xihe Holdings placed under IJM as OCBC reverses decision for ‘consensual restructuring’
Related: Xihe replaces Directors, forms new management team to chart fresh course for Group
Related: Hin Leong Trading lawyers publish application to fulfill requirements for hearing to proceed
Related: Ocean Tankers legal team publishes application to be placed under judicial management
Related: Judicial management applications for Hin Leong Trading and Ocean Tankers delayed
Related: Lim family to inhibit law firm Rajah & Tann from representing troubled HLT & OTPL
Related: OCBC files for Xihe Holdings to be placed under judicial management
Related: Judicial managers of Ocean Tankers discover discrepancies and fraud in exposure claims
Related: Judicial managers of Ocean Tankers to present restructuring proposals to owners
Related: PwC probes uncover mass grave of financial skeletons and alleged fraud within HLT
Related: Winson Group seeks SGD 30.4 million from Standard Chartered over HLT related trade
Related: Winson Group seeks SGD 30.4 million from OCBC over credit pull in Hin Leong trade
Related: Ocean Tankers: Notice to prove debt or claim published by interim judicial managers
Related: ‘Reasonable prospects’ to keep Ocean Tankers as a going concern, states Director
Related: Singapore: Ocean Tankers, a separate entity of Hin Leong, seeking judicial management
Related: Singapore High Court concedes interim judicial management to Hin Leong Trading
Related: Sembcorp commences legal proceedings against Hin Leong Trading over gasoil cargo
Related: Sembcorp Cogen aborts gasoil supply and storage contract with Hin Leong Trading
Related: Report: Sinopec expresses interest in Hin Leong Trading stake of Universal Terminal
Related: Report: Hin Leong Trading appoints PwC as interim judicial manager
Related: Singapore’s Police Force commence investigations into Hin Leong Trading
Related: Report: Hin Leong Trading founder gave instructions to hide USD 800 million losses
Related: Singapore: Ocean Bunkering Services to discontinue marine fuel deliveries
Related: Hin Leong in debt restructuring exercise; Ocean Tankers a separate entity, says CEO
Related: Report: Hin Leong Trading finances under scrutiny, amid credit pull from two banks

 

Photo credit: steve pb from Pixabay
Published: 28 May 2024

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Business

Singapore: Annual general meetings scheduled for An Xing Shipping and Xin Guang Shipping

Meetings will be held on 11 and 13 June for An Xing Shipping Pte Ltd and Xin Guang Shipping Pte Ltd respectively to to receive an update on firms’ liquidation.

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RESIZED Drew Beamer

Several notices were published on the Government Gazette on Monday (27 May) regarding the annual general meetings to be held on 11 and 13 June for An Xing Shipping Pte Ltd and Xin Guang Shipping Pte Ltd respectively. 

Annual general meetings for An Xing Shipping are to be held on 11 June at the following times:

For the company: 10am
For the creditors: 11am

Annual general meetings for Xin Guang Shipping are to be held on 13 June at the following times:

For the company: 10am
For the creditors: 11am

The agenda for all the meetings are:

  1. To receive an update on the liquidation.
  2. To receive an account of the Liquidators’ acts and dealings, and of the conduct of the winding up

The following are the details of the liquidator:

Ho May Kee
Liquidator
c/o 8 Marina View
#40-04/05 Asia Square Tower 1
Singapore 018960

 

Photo credit: Drew Beamer
Published: 28 May 2024

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Legal

Shipping firms face USD 2 mil fine after pleading guilty for dumping oil at sea

Prive Overseas Marine LLC and Prive Shipping Denizcilik Ticaret pleaded guilty to conspiracy, knowingly violating APPS and obstruction of justice related to falsification of Oil Record Book of tanker “PS Dream”.

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PS Dream vessel

Two related companies that operated the motor tanker PS Dream – Prive Overseas Marine LLC and Prive Shipping Denizcilik Ticaret – pleaded guilty on Tuesday (21 May) to conspiracy, knowingly violating the Act to Prevent Pollution from Ships (APPS) and obstruction of justice related to the falsification of the tanker’s Oil Record Book, which is a required log.

According to the US Department of Justice, the guilty pleas were entered in federal court in New Orleans.

If the court approves the plea agreement, the companies will be fined a total of USD 2 million and serve four years of probation. Separate charges have been filed against Captain Abdurrahman Korkmaz, a Turkish national who was the ship’s master.

The criminal case stems from the report of a crew member who, on Jan. 11, 2023, contacted the Coast Guard in New Orleans, which was the next port-of-call, and shared a video showing oil being pumped overboard and trailing behind the tanker. When the ship arrived in New Orleans two weeks later, this individual and another crew member blew the whistle and provided evidence to the Coast Guard. Video and photographic images were filed in court today by the prosecutors.

“Deliberate pollution from ships, intentional falsification of records and obstruction of justice are serious environmental crimes that will be vigorously prosecuted to the full extent of the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Maritime laws regulating pollution from ships are intended to ensure that ocean waters are not used as a dumping ground.”

“This case involved deceit and willful pollution, and this prosecution is intended to hold both the corporations and individuals accountable,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Criminal prosecutions are needed to deter deliberate efforts to circumvent our Nation’s anti-pollution laws. Importantly, $500,000 of the criminal penalty will go toward environmental protection of the marine environment in our area.”

“Today's outcome sends a powerful message: those who falsify logs and take deliberate actions to conceal pollution will face significant consequences,” said Captain Greg Callaghan, Deputy Commander of U.S. Coast Guard (USCG) Sector New Orleans. “The Coast Guard and our partners remain steadfast in our shared commitment to safeguarding our waters and holding accountable those who threaten our marine ecosystems. We encourage individuals to continue reporting any suspicious activities, as each report plays a crucial role in protecting the marine environment."

“It is long past time for the maritime industry to meet its obligations under international law and stop illegal pollution from ships,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “Illegal ocean dumping and falsifying records to conceal those violations will not be tolerated by EPA and our federal law enforcement partners.” 

The falsified logs, presented to the Coast Guard during its inspection, were intended to conceal the fact that the crew had dumped oil-contaminated waste overboard on the voyage to New Orleans and was not complying with MARPOL Annex I, an international treaty regulating oil pollution from ships. 

According to court documents, the ship’s master ordered crew members to pump overboard from the residual oil tank, which contained oily waste. A portable pump placed inside the tank and connected to a long flexible hose was used to discharge directly into the ocean without any required pollution prevention equipment or monitoring. 

The waste oil, including sludge, originated in the engine room and had been improperly transferred into the residual oil tank on the deck of the ship by a prior crew. Senior managers at Prive Shipping were aware that the oil-contaminated waste remained in the tank and were informed by the ship’s master that it had been dumped overboard.

The proposed USD 2 million criminal penalty includes USD 500,000 in organisational community service payments that will fund various maritime environmental projects in the Eastern District of Louisiana. Those projects will be managed by the congressionally established National Fish & Wildlife Foundation. The court also has authority to award up to USD 500,000, half of the APPS portion of the fine, to the whistleblowers that provided evidence leading to conviction.

Prive Overseas Marine is based in Dubai and Prive Shipping is based in Turkey. The corporations were charged with four felonies: conspiracy, an APPS violation and two counts of obstruction of justice. Captain Korkmaz was charged with two counts: a violation of APPS and obstructing the Coast Guard’s inspection of the ship.

 

Photo credit: büra keskendir / MarineTraffic
Published: 23 May 2024

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