Legal

MMEA reports Johor eastern waters to be ‘hotspot’ for vessels to anchor illegally

‘These vessels often conduct other unlawful activities such as illegal oil transfers, releasing waste into the waters and unauthorised crew changes,’ said MMEA.

Published

4 years ago

March 22, 2021

Admin

The Johor state division of Malaysia Maritime Enforcement Agency (MMEA) on Monday (22 March) said it has discovered waters east of Johor has become a “hotspot” for foreign vessels to anchor illegally and conduct unlawful activities such as illegally releasing oil into the ocean, reports Berita Harian.

The three hotspots include the Tompok Utara anchorage area, Eastern Bank (Permatang Timur) and the Ramunia Shoal.

MMEA explained the western coastal area is less ideal for such vessels as the straits is narrow and it is part of the main vessel route along the Straits of Malacca.

“Many of these vessels stay for a long period of time and try to avoid paying for an anchorage permit by anchoring illegally,” said Johor Maritime Director Nurul Hizam Zakaria.

“During their stay, these vessels often conduct other unlawful activities such as illegal oil transfers, releasing waste into the waters and unauthorized crew changes.

“There are also reports of such vessels utilising these spots as a transit location to smuggle migrants.”

In the past year alone, 23 vessels were detained and 18 of these cases were compounded under Section 491B(1)(L) of the Merchant Shipping Ordinance 1952 for anchoring without a permit.

Maritime Director Hizam added these vessels pose a risk to the health of marine life as well as to the navigational safety of other vessels as they could cause collisions.

“Companies and shipowners have to cooperate with the relevant authorities to make it accessible to conduct operations and to take action in case of any emergencies,” noted Maritime Director Hizam.

Separately, the Marine Department of Malaysia said it had detected about 100 foreign vessels anchoring illegally in the Tompok Utara anchorage area, about 12 kilometres from Sedili Kecil beach on Saturday and was immediately concerned about possible illegal oil spills.

An oil spill was detected by the department around 7.40 pm on Saturday, 20 March and estimates it to be 6 kilometres long.

The Marine Department then partnered with MMEA to conduct investigations on Sunday but it was inconclusive as it is believed the spill has been moved by the ocean’s waves.

Nevertheless, the Department said it will continue its investigations via drones to get a better aerial view of the area.

A series of earlier MMEA detentions have been reported by Manifold Times (below):

Photo credit: Marine Department of Malaysia
Published: 22 March, 2021

Vessel Arrest

Malaysia: MMEA detains tanker for anchoring without permission near Port Klang

Tanker was anchored 5.9 nautical miles west of Pulau Pintu Gedong; Second Deck Officer and Second Engineer were taken to the Pulau Indah marine police jetty for further action.

Published

2 days ago

April 24, 2025

Admin

Malaysia: MMEA detains tanker for anchoring without permission near Port Klang

The Malaysian Maritime Enforcement Agency (MMEA) on Wednesday (23 April) said it detained a tanker for anchoring without permission at 5.9 nautical miles west of Pulau Pintu Gedong at about 3.15pm on 22 April.

The ship was operated by a 36-year-old Thai captain with 16 crew members aged between 20 and 55 years, consisting of 13 Thais including two women, two Myanmar nationals and an Indonesian national.

The inspection found that the ship had committed an offence under the Merchant Shipping Ordinance 1952 by not obtaining permission from the Director-General of the Malaysian Maritime Department and for failing to fly the Malaysian flag.

The tanker’s Second Deck Officer and Second Engineer were taken to the Pulau Indah marine police jetty for further action.

Photo credit: Malaysian Maritime Enforcement Agency
Published: 24 April, 2025

Legal

BlackStone & Gold on causation in misdelivery cases: “Maersk Katalin”

Law firm provides an analysis on misdelivery claims and whether the pendulum has swung back in favour of the banks after a recent spat of successes for shipowners defending against misdelivery claims.

Published

2 days ago

April 24, 2025

Admin

Law firm BlackStone & Gold recently provided Singapore-based bunkering publication Manifold Times its analysis on misdelivery claims and whether the pendulum has swung back in favour of the banks after a recent spat of successes for shipowners defending against misdelivery claims:

By Baldev Bhinder, Managing Director, and Ramandeep Kaur, Director of BlackStone & Gold

The original bill of lading (“OBL”) represents the cornerstone of security for international trade finance. Lenders seek a right to the OBLs because it would give them a notional right to the cargo and in its absence, a claim for misdelivery against shipowners that released the cargo without presentation of OBLs.

A series of decisions from Singapore and UK between 2021 and 2024 however signalled a weakening of misdelivery claims, with shipowners successfully resisting such claims (in summary judgment applications or on merits).

These decisions have put the spotlight on the defence of causation of the loss, and in particular whether holders of OBLs like banks would have allowed discharge without presentation of the OBLs. This examination of the lender’s conduct in turn brings into focus the multiple layers of security in a trade finance structure and the lender’s knowledge of permitting cargo discharge without OBLs, thereby setting up a defence against misdelivery claims.

The “Maersk Katalin” [2024] SGHC 282, provided an occasion for the Singapore High Court to analyse the issue of causation at trial. This case makes clear the highly factual nature of the causation defence – a shipowner resisting a misdelivery claim would therefore have to lead evidence that the bank making the misdelivery claim would have been consulted and would have permitted discharge without OBLs.

From the bank’s perspective, this case underscores the need for banks to be alive to any conduct, which may undermine the value of the OBL as security – this is particularly so when straddling the different types of security interests that the bank takes.

Note: The full article by BlackStone & Gold can be read here.

Photo credit: BlackStone & Gold
Published: 24 April, 2025

Winding up

Singapore: Annual general meetings scheduled for Xihe Holdings subsidiaries

Development includes Da Xin Tankers, Dong Sheng Tankers, Dong Ya Tankers and Hua Zhong Shipping; meetings will be held electronically on 7 and 8 May, according to Government Gazette notices.

Published

3 days ago

April 23, 2025

Admin

Several notices were published on the Government Gazette on Tuesday (22 April) regarding the annual general meetings of the companies and creditors to be held electronically on 22 April for Xihe Holdings subsidiaries.

The subsidiaries are Dong Sheng Tankers Pte Ltd, Da Xin Tankers Pte Ltd, Dong Ya Tankers Pte Ltd, and Hua Zhong Shipping Pte Ltd.

Annual general meeting for Dong Sheng Tankers are to be held on 8 May at the following times:

For the company: 2pm

Annual general meetings for Da Xin Tankers are to be held on 7 May at the following times:

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

Annual general meetings for Dong Ya Tankers are to be held on 8 May at the following times:

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

Annual general meetings for Hua Zhong Shipping are to be held on 7 May at the following times:

For the company: 2pm
For the creditors: 3pm

The agenda for all the meetings are:

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

Manifold Times previously reported on the winding up of Da Xin Tankers, Dong Ya Tankers and Hua Zhong Shipping Pte Ltd and the appointment of the joint and several liquidators of the firms.

Photo credit: Drew Beamer
Published: 23 April, 2025