National Maritime Conference (8 to 10 March 2007) Bar ...

National Maritime Conference (8 to 10 March 2007)

Bar Council, in collaboration with the Attorney General’s Chambers, organised the

National Maritime Conference on 8 to 10 March 2007 at Shangri-La Hotel, Kuala

Lumpur, with the theme “Malaysia as a Maritime Nation: Meeting Expectations”.

Please click on the following links to view the speeches and conference papers of the

Conference.

(A) Speeches

Welcome Addresses

Sitpah Selvaratnam, Advocate & Solicitor, High Court of Malaya

Yeo Yang Poh, President of the Malaysian Bar

YBhg Tan Sri Abdul Gani Patail, Attorney General Malaysia of Malaysia

Keynote and Opening Address

YAB Dato’ Sri Mohd Najib bin Tun Razak, Deputy Prime Minister, Malaysia

(B) Conference Papers

The International Conventions – Those Adopted and to be Adopted

YBhg Tan Sri Abdul Gani Patail, Attorney General Malaysia of Malaysia

Phased-Out Vessels & Off-Shore Structures – Life After

Zahar Mohd Hashim, Vice-President, Offshore Business, MISC Berhad

Port Security and Responsibility

YBhg Tan Sri Dato’ Seri Ahmad Sarji bin Abdul Hamid, Chairman, NCB Holdings

Berhad

Consumers’ (Shippers) Expectations

Dr S Darumalinggam, Vice-Chairman, Malaysian National Shippers’ Council

Admiralty Court – The Need and the Viability

YA Dato’ Vincent Ng Kim Khoay, Judge, Court of Appeal

YBhg Dato’ Cheah Kong Wai, Director General, Maritime Institute of Malaysia

Badariah Othman, Senior General Manager, Insurance, MISC Berhad

Ong Chee Kwan, Advocate & Solicitor, High Court of Malaya

Closing the Pandora’s Box of Unimodal Regimes with the ASEAN Framework

Agreement on Multimodal Transport 2005? A Critique of the “Scope and

Application” Provisions

Dr Irwin U J Ooi, Law Lecturer, Faculty of Law, Universiti Teknologi Mara

http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=2721











Time for a Multimodal Regime

Tan Ah Beng, Acting President, Federation of Malaysian Freight Forwarders

Legislating a Multimodal Regime - A Bridge Too Far?

Lt (Rtd) Paul K W Kwong, Advocate & Solicitor, High Court of Malaya

Interactive Panel Discussion on Time for a Multimodal Regime

K Patmanathan, Member, Malaysian Logistics Council

Shipowners’ Perspective of Crew Training, Competency and the Expectations of

Seaworthiness

Ir Nordin bin Mat Yusoff, Chairman, Malaysian Shipowners’ Association

Particular Aspects of Legal Reform in Malaysia: Some Comparative Studies

Sitpah Selvaratnam, Advocate & Solicitor, High Court of Malaya

Marine Loss Control Engineering Capt Raja Kamarul Bahrain, Head of Regional Operations of AIG

Can we Deliver the Tonnage?

YBhg Laksamana Madya (Rtd) Dato’ Seri Ahmad Ramli bin Haji Mohd Nor, Group

Managing Director, Boustead Naval Shipyard Sdn Bhd

Maritime Arbitration and Mediation – A Complete Alternative?

G Rajasingam, Advocate & Solicitor, High Court of Malaya

Primila Edward, Representative, Malaysian Corporate Counsel Association

Finality or Certainty/Arbitral Autonomy or Court Control

Jonathan S Lux, Solicitor, Ince & Co, London

Malaysia’s Response to Oil Spill, Marine Pollution and Casualties Captain Amir Murad, General Manager, Petroleum Industry of Malaysia Mutual Aid

Group

Malaysia’s Commitments under International Conventions and the Need for a

Harmonised Legal Regime Regulating Marine Pollution

Assoc Prof Dr Abdul Ghafur Hamid, International Islamic University Malaysia

War Risk Allocation – The Consideration

Dr Dominick Donald, Senior Analyst, AEGIS Research and Intelligence

Safety, Policing and Piracy in Malaysia and Nearby Waters: Where are we Now

and What is the Future?

YBhg Vice-Admiral Maritime Dato’ Mohammad bin Nik, Director General, Malaysian

Maritime Enforcement Agency















Legal Paper: Ship Financing – Should Malaysian Banks Be Afraid? Joanne Long Chow Fong, Advocate & Solicitor, High Court of Malaya

The Malaysian Shipping Fund

Norulhadi bin Md Sahariff, Vice-President/Head of Maritime, Business Development &

Advisory, Bank Pembangunan Malaysia Berhad

The Way Forward (from the Perspectives of Shipowners)

YBhg Dato’ Ir Abdul Hak Md Amin, Honorary Secretary, Malaysian Shipowners’

Association

The Way Ahead: The Collective Responsibility

Capt Ahmad Othman, Director General of Marine, Marine Department, Malaysia

The Way Ahead: The Port’s Perspective

Capt David Padman, Assistant General Manager-Regulatory, Port Klang Authority






346 Malaysia As A Maritime Nation: Meeting Expectations

A compilation of papers at the 1st National Maritime Conference

Conference Programme

National Maritime ConferenceMalaysia As A Maritime Nation: Meeting Expectations

Shangri-La Hotel, Kuala Lumpur, Malaysia8-10 March 2007

DAY ONEOPENING SESSIONi) Welcome Addresses by Ms. Sitpah Selvaratnam, Co-Chair, Organising Committee

Mr. Yeo Yang Poh, President, Malaysian BarYBhg. Tan Sri Abdul Gani Patail, Attorney General Malaysia

ii) Keynote and Official Opening by YAB Dato’ Sri Mohd Najib bin Tun Abdul Razak, Deputy Prime Minister, Malaysia

The International Conventions – Those Adopted, and To Be AdoptedYBhg. Tan Sri Abdul Gani Patail, Attorney General Malaysia

Phased-Out Vessels & Off-Shore Structures – Life AfterEn. Zahar Mohd Hashim, Vice President, Offshore Business, MISC Berhad

Port Security and ResponsibilityYBhg. Tan Sri Dato’ Seri Ahmad Sarji bin Abdul Hamid, Chairman, NCB Holdings Berhad

Consumers’ (Shippers) ExpectationsDr. S. Darumalinggam, Vice Chairman, Malaysian National Shippers’ Council

INTERACTIVE PANEL DISCUSSION 1:Admiralty Court - The Need and The ViabilityChair: YBhg. Dato’ Cecil Abraham, Advocate & SolicitorPanel Members-1. YA Dato’ Vincent Ng Kim Khoay, Judge, High Court of Malaya2. YBhg. Dato’ Cheah Kong Wai, Director General, Maritime Institute of Malaysia3. Pn. Badariah Othman, Senior General Manager, Insurance, MISC Berhad4. Mr. Ong Chee Kwan, Advocate & Solicitor

INTERACTIVE PANEL DISCUSSION 2:Time for a Multi-Modal RegimeChair: Mr. M. Nagarajah, Advocate & SolicitorPanel Members-1. Dr. Irwin U.J. Ooi, Universiti Teknologi Mara2. Mr. Tan Ah Beng, Acting President, Federation of Malaysian Freight Forwarders3. Lt (Rtd) Paul K. W. Kwong, Advocate & Solicitor4. Mr. K. Patmanathan, Member, National Logistics Council

DAY TWOSpecial Address -English Law's Approach to Maritime FraudThe Hon. Mr. Justice Colman, Royal Courts of Justice, London

Shipowners’ Perspective of Crew Training, Competency and The Expectations of SeaworthinessIr. Nordin Mat Yusoff, Chairman, Malaysian Shipowners’ Association

Malaysia As A Maritime Nation: Meeting Expectations 347


Particular Aspects of Legal Reform in Malaysia: Some Comparative StudiesMs. Sitpah Selvaratnam, Advocate & Solicitor

Marine Loss Control EngineeringYM. Raja Kamarul Bahrin, Head of Regional Operations of AIG

Can We Deliver the Tonnage?YBhg. Laksamana Madya (Rtd) Dato’ Seri Ahmad Ramli bin Haji Mohd Nor,Group Managing Director of Boustead Naval Shipyard Sdn. Bhd.

INTERACTIVE PANEL DISCUSSION 3:Maritime Arbitration and Mediation – A Complete Alternative?Chair: YBhg. Dato’ Mahadev Shankar, (Retired) Judge, Court of AppealPanel Members-1. The Hon. Mr. Justice Colman, Royal Courts of Justice, London2. YBhg. Dato’ Capt. Jaffar Lamri, President, Institut Kelautan Malaysia3. Mr. G. Rajasingam, Advocate & Solicitor4. Mr. Jonathan Lux, Solicitor, Ince & Co., London5. Ms. Primila Edward, Representative of the Malaysian Corporate Counsel Association

INTERACTIVE PANEL DISCUSSION 4:Malaysia’s Response to Oil Spill, Marine Pollution and CasualtiesChair: Pn. Faizah Jamaludin, Advocate & SolicitorPanel Members-1. YBhg. Dato’ Hajah Rosnani Ibarahim, Director General of Environment, Department of Environment,

Ministry of Natural Resources & Environment, Malaysia2. Capt. Ahmad Othman, Director General of Marine, Marine Department, Malaysia3. Capt. Amir Murad, General Manager, Petroleum Industry of Malaysia Mutual Aid Group4. Assoc. Prof. Dr. Abdul Ghafur Hamid, International Islamic University Malaysia

DAY THREEWar Risk Allocation- The ConsiderationDr. Dominick Donald, Senior Analyst, Aegis Research and Intelligence

Safety, Policing and Piracy in Malaysia and Nearby WatersYBhg. Vice Admiral MaritimeDato’ Mohammad bin Nik, Director General, Malaysian Maritime Enforcement Agency

Legal Paper: Ship Financing – Should Malaysian Banks Be Afraid?Ms. Joanne Long Chow Fong, Advocate & Solicitor

The Malaysian Shipping FundEn. Norulhadi bin Md SahariffVice-President/Head of Maritime, Business Development & Advisory, Bank Pembangunan Malaysia Berhad

INTERACTIVE PANEL DISCUSSION 5:The Way Ahead: The Collective ResponsibilityChair: Tuan Haji Hamid Sultan Abu Backer, Advocate & Solicitor Chairman, Shipping & Admiralty Law CommitteePanel Members-1. YBhg. Dato’ Ir. Abdul Hak Md Amin, Honorary Secretary, Malaysian Shipowners’ Association2. Capt. Ahmad Othman, Director General of Marine, Marine Department, Malaysia3. Capt. David Padman, Assistant General Manager- Regulatory, Port Klang Authority

CONCLUSION AND CLOSING REMARKMr. Yeo Yang Poh, President, Malaysian Bar



Speakers & Authors

YBhg. Tan Sri Abdul Gani PatailAttorney General Malaysia

YBhg. Tan Sri Abdul Gani Patail, the Attorney General of Malaysia is an alumnus of the University of Malayagraduating from its Law School with an LL.B (Hons) in 1980 and is conferred with the degree of HonoraryDoctorate of Laws by the University of Nottingham, United Kingdom in 2006.

The Honourable Attorney General started his career in service with the Attorney General’s Chambers as aDeputy Public Prosecutor at his home State of Sabah in 1980. He then subsequently held the posts of Head of the ProsecutionDivision (1994 – 1995 and 2000 – 2002), Head of the Advisory and International Affairs Division (1995 – 1997), Commissionerfor Law Revision (1997 - 2000) and is currently serving as the Attorney General of Malaysia from the year 2002.

Zahar Mohd HashimVice President, Offshore Business MISC Berhad

Zahar Mohd Hashim bin Zainuddin, aged 45, is the Vice President, Offshore Business, MISC Berhad.

He has over 25 years of experience in shipbuilding, ship operation and project management. He has served invarious capacities in PETRONAS and MISC including Senior Manager LNG & Tanker Fleet Operations,FPSO Senior Project Manager and General Manager Offshore Business. He has also served for more than 10

years on overseas assignment with PETRONAS including heading the LNG fleet operations and technical liaison office in Japan.He currently sits on the board for a few of MISC subsidiaries and joint venture companies. He is also Chairman of the TechnicalCommittee for the Malaysian Shipowners’ Association. Zahar is now head of the Offshore Business Unit in MISC.

Zahar is a certified Marine Engineer graduating from South Shields Marine & Technical College in the United Kingdom. He isa member of the Malaysian Institute of Certified Engineers and has attended various management programmes includingINSEAD Senior Management Development Programme.

YBhg. Tan Sri Dato’ Seri Ahmad Sarji bin Abdul HamidChairman, NCB Holdings Berhad

Ahmad Sarji bin Abdul Hamid was born in Tapah, Perak on 16 September 1938. He was educated at theUniversity of Malaya, B.A. (Hons), the Institute of Social Studies, The Hague (Diploma in Public Administration)and Harvard University (Masters in Public Administration).

He started his career as a Malay Administrative Service Officer in 1961 and was later admitted to the MalayanCivil Service. He was appointed Chief Secretary to the Government (concurrently Secretary to Cabinet and Head of Civil Service)on 1 February 1990. He retired from the government service in 1996.

Currently he is the Chairman of Permodalan Nasional Berhad, the Institute of Islamic Understanding Malaysia, and Northport.He is also the President of Heritage of Malaysia Trust, and Malaysian Lawn Bowls Federation.

Tuan Haji Hamid Sultan Abu BackerAdvocate & Solicitor

Tuan Haji Hamid Sultan bin Abu Backer has been a member of the Bar Council for the last 6 years and hasserved as Chairman of Shipping & Admiralty Law Committee, Criminal Law Committee and Bahasa MelayuCommittee. He is a well- known and prolific author of law books and articles. He is a Barrister- at- Law ofLincoln’s Inn and holds a number of Postgraduate Degrees and Diplomas from esteemed universities.



Dr. S. DarumalinggamVice Chairman, Malaysian National Shippers’ Council

Dr. Darumalinggam better known as Dr. Linggam has been involved in the manufacturing industry for the past30 years. He served as a Sales Manager and thereafter as General Manager of Logistics Department of MatsushitaAir Conditioning Group of Companies.

Dr Linggam is the Vice Chairman of the Logistics Committee of Federation of Malaysia Manufacturers and theVice Chairman of Malaysia National Shipper Council. He is also a member of Chartered Institute of Logistics and Transport Malaysia.

Dr Linggam holds a Diploma in Marketing and a Diploma in Advertising and in recognition of his social and business contribution tothe society, the World University in Arizona USA accorded him with a “Doctorate of Management Philosophy”

YBhg. Dato’ Cecil AbrahamAdvocate & Solicitor

YBhg. Dato’ Cecil Abraham is a Partner in Shearn Delamore & Co. (Advocates & Solicitors). He obtained hisLL.B. Hons. from Queen Mary College, University of London in 1968 and is also a Barrister-At-Law of theMiddle Temple. He was admitted as an Advocate & Solicitor of the High Court of Malaya in 1970. He is aChartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators, UK, Malaysian Institute of Arbitrators,Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration Limited.

He is also a Fellow of Queen Mary & Westfield College, University of London.

He has an extensive arbitration practice and appears as Counsel both in domestic and international arbitrations. He has arbitratedunder the UNCITRAL, ICC, SIAC, KLRCA and LCIA Rules since the 1990s and has sat as Chairman, Sole Arbitrator and Co-Arbitrator in international commercial arbitrations in Asia and Europe.

He is the current Deputy President of the Malaysian Institute of Arbitrators and Vice President of the Asia Pacific RegionalArbitration Group. He is a Member of the Singapore Chamber of Maritime Arbitration and also a Founding Member of theInternational Maritime Conciliation and Mediation Panel.

YA Dato’ Vincent Ng Kim KhoayJudge, High Court of Malaya

Born on 27 Oct 1942 in Taiping, Perak, Dato’ Vincent had his primary and secondary education at StGeorge’s Institution, Taiping until 1960 when he obtained a Grade 1 in Senior Cambridge ExaminationLondon.

On 9 February 1965, he was called to the Middle Temple Inn Bar as a Barrister-at Law, and he thenchambered with Messrs Braddel & Ramani in Kuala Lumpur. He practiced law for over 26 years in Ipoh before accepting theappointment as Judicial Commissioner of the High Court on 1 February 1992. He was confirmed as High Court Judge on 25January 1994. His tour of duty as a High Court Judge included Penang for 4 1/2 years, Kangar, Perlis for 2 years 10 months, AlorSetar, Kedah for 2 years while also covering Perlis. While in Alor Setar he was persuaded to come down to serve the Nation as Headof the Commercial Division of the High Courts in Kuala Lumpur (with 8 High Courts), where he is until now.

Dato' Vincent is also an accomplished violinist.

YBhg. Dato’ Cheah Kong WaiDirector General, Maritime Institute of Malaysia

YBhg. Dato’ Cheah Kong Wai is currently the Director General of the Maritime Institute of Malaysia (MIMA),a position held since December 2000.

He has a BA (Hons.) Degree from the University of Malaya and a post graduate Diploma in Public Administrationfrom the same university.



Upon graduation he was appointed into the Malaysian Civil Service (MCS) in 1968 and served in a number of Ministries andgovernment agencies.

In 1991, he was appointed as the Deputy Secretary General of the Ministry of Transport, where he served for seven (7) years. Hewas then responsible for policy formulation and implementation for the three modes of transport, i.e. Land, Sea and Air Transport.

His last posting in the civil service was as the Secretary General of the Ministry of Science, Technology and the Environment in1998. The environment portfolio in the Ministry included protection of the Straits of Malacca from ship pollution and ensuringoil pollution response plan is efficient and effective. He retired from civil service as the Secretary General of the Ministry after servingfor two and half years.

Badariah OthmanSenior General Manager, Insurance, MISC Berhad

Trained in two disciplines, Accounting and Insurance, Badariah has been working in the Insurance field for more than 15 years,whilst attached to the PETRONAS Insurance Department as an Insurance Administrator. Prior to that, she had been working invarious other positions within PETRONAS, namely, marketing and accounts.

Her last post before joining MISC as Head of Group Insurance, was in Corporate Accounts in PETRONAS Holding Company.After 1 and ½ years in the Accounts Department, she was seconded to MISC, again to take up an Insurance Administrator’s role.The secondment took effect from 1st of February 1999, the year when the entire global shipping industry was getting ready forthe Y2K scare.

Badariah also sits on the Committee of the Malaysian Shipowners’ Association, the Asean Shipowners Forum as well as theInternational Tanker Owners Association, based in London. She contributes and participates on a regular basis on matters relatingto shipping risk management both internally and within the Associations.

Ong Chee KwanAdvocate & Solicitor

Partner in Messrs Lee Ong & KandiahAge : 43 years

Qualifications:LL.B (Hons) (Singapore), LL.M (Singapore), Advocate and Solicitor (Singapore) Advocate and Solicitor (Malaya)

M. NagarajahAdvocate & Solicitor

Barrister- at- Law, Lincoln’s Inn, London. Called to the Malaysian Bar in 1980, Nagarajah is a Senior Partner ofMessrs Shook Lin & Bok, President of the Malaysian Maritime Law Association, a member association ofCommittee Maritime International, Sub- Head of Insurance, Shipping & Aviation Department of the firm andSub- Head of General & Civil Litigation Department of the firm.

Dr. Irwin U. J. OoiUniversiti Teknologi MARA

Dr. Irwin Ooi is currently a Law Lecturer at the Faculty of Law, UiTM, Shah Alam. He teaches Carriage of Goodsby Sea and Marine Insurance on the LL.M programme as well as Opinion Writing on the LL.B(Hons.) programme.

He also finds the time to coach the faculty’s Jessup and International Maritime Law Arbitration Moots teams. Dr.Ooi also has numerous links to legal fraternity. He is a facilitator for Legal Research courses at the Judicial Training

Institute of Malaysia (ILKAP) and has contributed to the Kuala Lumpur Bar Council Continuing Legal Education programme. Inthe shipping community, Dr. Ooi is recognised for his consultancy work with law firms both locally and internationally, in additionto research institutions such as the Malaysia Institute of Transport (MiTRANS).



Despite his busy schedule, Dr. Ooi makes research a top priority and is known for his incisive and frank views expressed in variouspublished articles. He maintains a busy conference and seminar schedule in Malaysia and overseas. Dr. Ooi is also the co-author of theMarine Insurance section of the Halsbury’s Laws of Malaysia volume on Insurance 2006.

Tan Ah BengActing President, Federation of Malaysian Freight Forwarders

33 years’ experience in the logistics industry. Presently CEO of the Able Group of Companies comprising of:Able Consolidation (M) Sdn Bhd - handling console goods from Port Klang to East Malaysian Ports; Abletech(M) Sdn Bhd - a general cargo warehouse; Able Freight Forwarding (M) Sdn Bhd - forwarding & customsbrokerage; Able International Freight (M) Sdn Bhd - shipping and freight forwarder. A founding member of the Global Logistics Network (GLN) with the HQ based in New Jersey, United States with

networking comprising 213 cities from 182 countries and with 379 member offices.

Acting President of Federation of Malaysian Freight Forwarders (FMFF) which comprises of 5 State associations namely Selangor,Penang, Johore, Sabah and Sarawak. President of Selangor Freight Forwarders & Logistics Association (SFFLA) from year:- 2001-2003 (1st term), 2003- 2005 (2nd term), 2005- 2007 (3rd term). He was recently nominated as member of the MalaysianLogistics Council headed by Ministry of International Trade and Industry (MITI).

Lt (Rtd) Paul K. W. KwongAdvocate & Solicitor

After obtaining the Higher School Certificate (HSC) in 1977 at the Malacca High School, he joined the RoyalMalaysian Navy as a cadet officer and was commissioned in 1979. After having served 8 years and attaining therank of Lieutenant (Navy), he took a 4 year sabbatical to read law at Polytechnic of North London (nowUniversity of North London) from 1985 to 1988. He was awarded the degree of Bachelor of Laws with SecondClass Honours (1st Division). In 1989, after having passed the English Bar Finals, he was awarded the degree

of Utter Barrister, of Lincoln’s Inn. Upon his return to the Navy, he was appointed prosecutor of the Courts Martial. He opted toretire from the Navy as Lieutenant (Navy) in 1990 and read in the chambers of William Stanley Walker Davidson. He was invitedto join the partnership of Messrs Azman, Davidson & Co. in 1994. After undergoing a 2-year part time course at the University ofMalaya, he obtained his LLM degree in 2002 with emphasis on Admiralty Law, Carriage of Goods by Sea, Marine Insurance andAlternative Dispute Resolution.

Paul’s fields of practice include: shipping, marine insurance and carriage of goods by sea, general litigation - debt recovery for majorbanks and other financial institutions, insolvency and matrimonial matters.

K. PathmanathanMember, Malaysian Logistic Council

Mr K.Patmanathan joined the Ministry of Transport, Malaysia as an Administrative and Diplomatic ServiceOfficer in 1984 after obtaining his Post-Graduate Diploma in Public Management and Corporate Membershipfrom the Chartered Institute of Transport (Lon.). He has served in various positions including as PrincipalAssistant Secretary, heading the Shipping Unit in the Maritime Division for several years before being promotedto serve the last two years heading the LRT/ASEAN unit in the Land Division.

In 1995-96, he participated and led the Malaysian Delegation to several meetings of the Negotiating Group on Maritime TransportServices at the World Trade Organisation in Geneva. At the ASEAN front, Mr Patmanathan has been actively involved in severalmeetings and negotiations of the various Working Groups and Senior Transport Officcrs for more than 10 years. He has also beena delegate to several ASEAN Transport Ministers Meetings. Before joining the MOT, Mr Patmanathan worked with the Kelang PortAuthority. He has represented the Ministry as a member of the Malaysian National Shippers’ Council and the Task Force onLogistics involved in preparing the Third Industrial Master Plan.

Recently retired, he has been appointed as a Member of the Malaysian Logistics Council and its Resource Group.



The Hon. Mr. Justice ColmanRoyal Court of Justice London

Sir Anthony Colman (The Hon Mr. Justice Colman) is a senior judge of the Commercial Court, in the HighCourt, London. He practised as a barrister of Gray’s Inn from 1962 – 1992 and was made Queens’ Counsel in1977. He was appointed as a Judge of the High Court in 1992 and specialises in commercial litigation of allkinds including maritime disputes, international banking, insurance and energy industry disputes.

He is the co-founder and member of the management committee of the European Commercial Judges Forum. He is currently theHonorary President of the Italian Society for Mediation and is also the Principal of the Faculty of Mediation of the Academy ofExperts, London. He was the Chairman of the Commercial Bar Association from 1991-1992.

Sir Anthony was educated at Harrogate Grammar School and at Trinity Hall, Cambridge University, where he was a scholar andobtained a Double First in the Law Tripos. He is the author and co-editor of The Practice and Procedure of the Commercial Courtand the General Editor and contributor to the Encyclopaedia of International Commercial Litigation.

In 2006, Sir Anthony was awarded by the Czech Republic (Gratis Agit Award) for services to Czech judicial reform and judicialeducation.

Ir. Nordin Mat YusoffChairman, Malaysian Shipowners’ Association

Nordin Mat Yusoff, aged 48, is the Vice President of Fleet Management Services. Prior to his appoinment on 1April 2005, he was the Senior Manager of the same division. He joined PETRONAS in 1989 and has served invarious capacities in PETRONAS Carigali Sdn Bhd and PETRONAS Tankers Sdn Bhd before joining MISC in2001.

Prior to joining PETRONAS, he was with Malaysia Shipyard and Engineering Sdn Bhd (MSE) and was involved in projectmanagement of various new shipbuilding and offshore structures fabrication works.

He currently sits as Committee Members of various Classification Societies and International Shipping Organizations. He is also aDirector of the P&I Club, the Chairman of Malaysian Shipowners’ Association (MASA) and various subsidiaries of MISC Berhad.

Nordin graduated from University of Glasgow, Scotland with a degree in Naval Architecture & Ocean Engineering and is a registeredProfessional Engineer with the Board of Engineers, Malaysia.

Wan Hilwanie AriffAdvocate & Solicitor

Wan Hilwanie Ariff, Advocate & Solicitor of the High Court of Malaya.

Wan Hilwanie obtained her bachelors degree in Law from the London School of Economics and PoliticalScience in 1997 and an LL.M in Maritime Law from the University College London. She was admitted to theMalaysian Bar in 1999.

She is a member of the Shipping and Admiralty Committee of the Malaysian Bar Council.

Sitpah SelvaratnamAdvocate & Solicitor

Sitpah Selvaratnam. Advocate & Solicitor of the High Court of Malaya, Barrister, Lincoln’s Inn.

Qualified in 1988 with a First Class Honours degree in law from the University of Wales, Cardiff, and in 1991with an LLM from the University of Cambridge. Practising law in Malaysia since 1991, focused on commercialand shipping litigation and disputes. Represents diverse Malaysian and foreign corporations and commercial



interests; including ship owners, commodity traders, port operators, Protection and Indemnity Clubs, insurers, financial institutions,Malaysia’s national asset management corporation and securities commission.

Deputy Chair of the Shipping and Admiralty Committee of the Malaysian Bar Council. Associate of the Chartered Institute ofArbitrators. Member of the First Panel of Arbitrators, Kuala Lumpur Regional Centre of Arbitration.

Captain Raja Kamarul BahrinHead of Regional Operations of AIG

Capt. (NS) Raja Kamarul Bahrin started his seagoing career with Neptune Orient Lines in 1983 and possesseda Certificate of Competency for Foreign Going vessels. He also had a two and a half year stint as a PoliceInspector in the Investigations and Logistics Department of the Singapore Police Force. From 1994 to 2003, heset-up and was the Managing Director of International Marine Survey Pte Ltd in Singapore. His activities in theMarine surveying Industry included General Marine & Cargo Surveys, P & I surveys, Consulting on ISO &

ISM implementation, Loss Prevention Consultancy and Loss Adjusting.

Since Jan 2004, he has been the Regional Marine Loss Control Engineering Manager for AIG Global Marine and Energy which isa subsidiary of the American International Group of Companies (AIG), responsible for loss prevention and risk management ofcargo insurance and large Infrastructure Projects in the region which consist of Indonesia, Malaysia, Philippines, Singapore, Thailandand Vietnam.

Jeremy M. JosephAdvocate & Solicitor

Jeremy began his career in 1994 as a marine claims handler in an insurance broking firm in Kuala Lumpur. In1997, he obtained his LLM (Maritime law) from the University of Southampton under the prestigious BritishHigh Commission Chevening scholarship. In 1998 he joined Holman Fenwick & Willan as a legal assistant intheir Singapore office, where he specialised in shipping and insurance litigation for several years. In 2002, Jeremyset up Joseph & Partners in association with Joseph Tan Jude Benny, Singapore. He has been for some years now,

in active shipping litigation practice in Malaysia. His academic contributions include many articles published in the Malayan LawJournal. He was also the author of the Marine Insurance volume on the Malaysian Encyclopedia of Forms and Precedents publishedby Butterworths and co-author for the Shipping, Insurance and Carriers volumes of Halsbury’s Laws of Malaysia.

YBhg. Vice Admiral (Rtd) Dato’ Seri Ahmad Ramli bin Haji Mohd NorGroup Managing Director, Boustead Naval Shipyard Sdn. Bhd.

Vice Admiral (Rtd) Dato’ Seri Ahmad Ramli bin Haji Mohd Nor retired from Service as the Chief of the RoyalMalaysian Navy on 14 January 1999.

Vice Admiral (Rtd) Dato’ Seri Ahmad Ramli joined the Royal Malaysian Navy on 18 April 1964. He wassubsequently selected to receive his Officer Cadet Training at the Britannia Royal Naval College in Dartmouth,

UK and was commissioned as a Sub Lieutenant on 1 May 1966. He is also a graduate of the Indonesian Naval Staff College(SESKOAL) and the US Naval War College.

Vice Admiral (Rtd) Dato’ Seri Ahmad Ramli has had 35 years of distinguished Naval service both at sea and in staff appointments.His last operational command was as the Fleet Operational Commander in Lumut, responsible for the employment of the entireRoyal Malaysian Navy Fleet. His prominent staff appointments include being the Director of Naval Plans at the Navy Headquartersand as the Director of the National Maritime Enforcement and Coordinating Centre (NMECC), Prime Minister’s Department.It was whilst here that he coordinated all of Malaysia’s maritime assets in policing Malaysia’s Territorial Waters and ExclusiveEconomic Zone.

Vice Admiral (Rtd) Dato’ Seri Ahmad Ramli Haji Mohd Nor received various awards at Federal and State levels. The United Statesof America conferred him Legion of Merit (Degree of Commander) in 1997, the Royal Government of Thailand, the KnightGrand Cross (First Class) in 1998, and the Islamic Republic of Pakistan, the Hilal-I-Imtiaz in 1998.He also holds a Masters Degree in Public Administration from Harvard University.



YBhg. Dato’ Mahadev ShankarRetired Judge, Court of Appeal

YBhg. Dato’ Mahadev Shankar was called to the Bar of the Inner Temple in 1955 and enrolled as an Advocate andSolicitor in Malaya in July 1956.

He then practised law in Shearn Delamore and Company whence he retired in 1983 when he was appointedJudge of the High Court in August 1983. He retired from the judiciary in 1997 as a Judge of the Court of Appeal.

Thereafter he was one of the founder members of the Human Rights Commission of Malaysia and has acted twice as a RoyalCommissioner. He is currently a consultant in Zaid Ibrahim and Company.

YBhg. Dato’ Capt. Jaafar LamriPresident, Institut Kelautan Malaysia

YBhg. Dato’ Capt. Jaffar Lamri is the President of Malaysian Maritime Institute (IKMAL) – the leading MaritimeProfessional Body in Malaysia . He is also the Chief Operating Officer of PETRONAS Sg. Udang Port.

His previous designations include General Manager of Petroleum Industry of Malaysia Mutual Aid Group,Planning Manager of PETRONAS Maritime Services Sdn Bhd; Head of Maritime Safety Division, Marine

Department Peninsular Malaysia; Head of Malaysia Maritime Rescue Coordinating Centre; Harbour Master of Perak State andExaminer & Board Member of Malaysian Master & Mates Examination Board.

He is a Fellow of IKMAL, Honorary Member of Royal Selangor Yacht Club, Member of Academic Advisory Council of MalaysianMaritime Academy, Committee Member of Central Mercantile Marine Fund, Former Member of National Oil Spill Action Committeeand International Advisory Committee on Oil Spill Response.

He holds Master Mariner - Class 1 from Australia and Higher National Diploma in Nautical Studies from UK.

G. RajasingamAdvocate & Solicitor

Rajasingam graduated from the International Islamic University Malaysia (First Class Honours) and read his LL.M(Honours) and M.A. at the University of Cambridge. He was admitted as an Advocate and Solicitor of the HighCourt of Malaya in 1996.

A partner with Messrs Shearn Delamore & Co.’s dispute resolution practice group, Rajasingam’s admiralty andmaritime practice encompasses commercial shipping, marine insurance, maritime arbitration, sale and purchase and financing of vessel,casualty and salvage litigation; advising clientele on both dry and wet work, handling both contentious and non contentious matters.

He is a member of the Shipping and Admiralty Law Committee of the Malaysian Bar Council and of the Commercial Law and PracticeCommittee of ICC Malaysia, the national chapter of the International Chambers of Commerce.

Jonathan LuxSolicitor, Ince & Co., London

Jonathan specialises in maritime, energy, marine insurance, international trade and international commercialarbitration and litigation. He acts for the major P&I Clubs, their shipowner or charterer members, oil industryand cargo interests as well as the major insurers involved.

He has been a pioneer in the introduction of ADR into his fields of practice and is an accredited mediator. Heis also a practising Arbitrator and Fellow of the Institute of Arbitrators. Jonathan is author of a number of leading texts in the lawof shipping, insurance, corporate social responsibility and ADR.

He is a member of the Steering Group of the London Shipping Law Centre and is listed in Chambers Global Directory as a leading



international shipping lawyer in London. He was instrumental in setting up and then served for two years as senior partner oftheHamburg office of Ince & Co, returning to London in 2004.

Primila EdwardRepresentative of the Malaysian Corporate Counsel Association

Primila Edward is a representative of the Malaysian Corporate Counsel Association which was registered as asociety in August 2006. The Association is the pioneer association for corporate counsel in Malaysia and aimsto promote and facilitate networking, sharing of industry knowledge, exchange of experiences and to provideopportunities for continuing legal education for corporate counsel throughout the country.

Primila is a member of the Executive Committee of the MCCA and is also the Group Legal Advisor for Sumatec Resources Berhad,a public listed company in the oil and gas, maritime and construction industry and formerly Legal Advisor to Malaysia Shipyardand Engineering Sdn. Bhd. She has been involved in arbitrations both in Malaysia and London with particular experience ofmaritime arbitrations in London.

Faizah JamaludinAdvocate & Solicitor

Faizah Jamaludin is a Partner of Skrine, where she heads the oil & gas practice. She also practices in the areas ofshipping, international trade and competition law. She had spent eight years as in-house counsel of ExxonMobilExploration & Production Malaysia Inc.

Faizah is a member of the Association of International Petroleum Negotiators and the Shipping & AdmiraltyLaw Committee of the Malaysian Bar Council. She was a member of the Ministry of Domestic Trade and Consumer Affairs’Working Committee on Competition Policy and Law. Faizah is a Barrister of the Inner Temple and is currently the AssistantHonorary Secretary of the Malaysia Inner Temple Alumni Association.

Faizah is an alumna of Tunku Kurshiah College, Seremban. She graduated with an LL.B (Hons) from Brunel University, Englandand holds a Masters degree in Shipping & International Commercial Law from the University of Southampton. She read in theChambers of Adrian Hamilton QC at 7 King’s Bench Walk, London and of Neville Thomas QC at 3 Grays’ Inn Place (now 3Verulam Buildings), London. Faizah was admitted to the English Bar in 1990 and the Malaysian Bar in 1994.

YBhg. Dato’ Hajah Rosnani IbarahimDirector General of EnvironmentDepartment of Environment, Ministry of Natural Resources & Environment Malaysia

Rosnani Ibarahim is now the Director-General of the Department of Environment Malaysia. She is a chemicalengineer by academic qualification from the University of Leeds United Kingdom. Rosnani is one of thepioneers of the Department to set up the country’s programme on managing toxic and hazardous wastes. Thisincludes the promulgation of the legislative control provisions to control the wastes as well as the promotion of

establishing the country’s first toxic and hazardous wastes integrated treatment and disposal facilities.

She has been greatly involved towards the development of Malaysia’s policy and strategy in pollution control including air, noise,water and marine pollution control. She was instrumental in the formulation of a handbook detailing the functions, responsibilitiesand coordination required of various relevant government agencies involved in the enforcement of marine pollution. The handbookis now adopted as one of the government’s standard operating procedure.

Captain Ahmad OthmanDirector General of Marine, Marine Department, Malaysia

Captain Ahmad Othman is the Director General of Marine, Marine Department Peninsular Malaysia. Heholds an Ordinary National Certificate in Nautical Science – Riversdale College, Liverpool, UK (1972 –1975) and a Certificate of Competency, Deck Officer Class 1 (Master Mariner) U.K. (1982). He was with theSea Going service with Blue Funnel Line (later known as Ocean Fleets Ltd.) of Liverpool and Straits Steamship



of Singapore (1972-1983) and later joined the Marine Department Malaysia in July 1983 as Marine Officer. He was the HarbourMaster of Johore from 1983 – 1989 and Harbour Master of Penang, Kedah & Perlis from 1990 – 1992. He has held thepositions of Director of Marine, Sabah (1993 – 1994), Principal Assistant Director, Marine Safety Unit, Marine HQ’s, Port Klang(1995 – 1996), Director, Safety of Navigation Division, Marine HQ’s, Port Klang (1996 – 2002) and Deputy Director Generalof Marine (from 1.9.2002 – 31.5.2006). He assumed the position of Director General of Marine on 1.6.2006. Captain Ahmadis married with 2 children, and enjoys playing golf.

Captain Amir MuradGeneral Manager, Petroleum Industry of Malaysia Mutual Aid Group

He is the General Manager of Petroleum Industry of Malaysia Mutual Aid Group (PIMMAG). He is responsibleand accountable for the overall management and development of PIMMAG. He is directly responsible to thePIMMAG Board of Directors.

He joined PETRONAS in 1984 and prior to that, he was with the then Malaysian International ShippingCorporation as a floating staff. Before joining PIMMAG, he served as the Manager, Planning & Business Development of PETRONASMaritime Services Sdn. Bhd. Group of Companies.

As a professional, Capt. Amir Murad holds a Master Mariner qualification from Australia. In addition, academically he holds thefollowing qualifications; Master Marine Affairs, University of Rhode Island, USA, Diploma In Occupational Health & SafetyManagement (Aust.) and Diploma In International Port Planning & Management (USA).

Assoc. Prof. Dr. Abdul Ghafur Hamid @ Khin Maung SeinInternational Islamic University Malaysia

Dr. Abdul Ghafur Hamid is Associate Professor of Law at the International Islamic University Malaysia.Professor Ghafur holds Ph.D. in Law from the same University, and LL.M. in International Law from Universityof Yangon. His areas of specialisation include public international law, international trade law and maritime lawand he is a Member of the WTO and Globalisation Unit.

He is the author of four books and a number of research articles published in national and international referred journals. Hisrecent publications include: “Maritime Terrorism, the Straits of Malacca and the Issue of State Responsibility”, Tulane Journal ofInternational and Comparative Law (TJICL), Vol. 15, No. 1, 2006, 55-179; and “A New Carriage of Goods by Sea Act forMalaysia: A Holistic Approach on the Basis of International Practice”, The Journal of International Maritime Law (JIML), Vol. 12,Issue 4, 2006, 206-216.

Dr. Dominick DonaldSenior Analyst, Aegis Research and Intelligence

Dominick Donald is a Senior Analyst for Aegis Research and Intelligence, a division of Aegis Specialist Risk Management, a BritishPrivate Security Company (PSC), having joined the company at its inception in 2002. He specialises in issues of contemporaryconflict and has been closely involved in Aegis’s role as consultants to the Joint War Risks Committee of Lloyd’s of London, and inits landmark $293 million contract for the US Department of Defense in Iraq.

He read Modern History at Magdalen College Oxford and after serving in the British Army (Argyll and Sutherland Highlanders)worked as a TV scriptwriter and university teacher before beginning a PhD at the Department of War Studies, King’s CollegeLondon. He has previously worked as a Programme Officer at the UN in New York, a Leader Writer at The Times, and aContributing Editor at Red Herring Magazine, and is a regular reviewer for The Guardian. His publications include academicarticles, chapters in several academic books including The Oxford Companion to Military History, and the RUSI Whitehall Paper‘After The Bubble’, the first study of the likely direction of the British PSC sector after Iraq. He is a regular guest lecturer at King’sCollege London, the London School of Economics, the School of Oriental and African Studies, and the UK’s Joint Services StaffCollege.



YBhg. Admiral Maritime Dato’ Mohammad bin NikDirector General, Malaysian Maritime Enforcement Agency

Admiral Maritime Dato’ Mohammad bin Nik assumed his current appointment as the Director General ofMalaysian Maritime Enforcement Agency on 28 November 2005.

Admiral Maritime Dato’ Mohammad joined the service of Royal Malaysian Navy on 3 January 1970 andreceived his basic naval training at Britannia Royal Naval College, Dartmouth, United Kingdom. He was then

commissioned into the Royal Malaysian Navy (RMN) on 1 May 1973. He is a Gunnery Officer and belongs to the alumni of theMalaysian Armed Forces Staff College (1983), US Naval Command College, Rhode Island (1987) and University of Harvard(2001).

Admiral Maritime Dato’ Mohammad has held various appointments both at sea and ashore. His ashore appointments include,Naval Project Officer in Sweden from 1977 to 1979, Staff Officer at Navy Headquarters from 1980 to 1983, Naval Assistant tothe Chief of Navy in 1991 and Head of Project for the RMN Frigate Project in Glasgow from 1991 to 1999. He was the DirectorGeneral of Defense Training and Assistant Chief of Staff Defense Planning at the Malaysian Armed Forces Headquarters and FleetOperations Commander before taking up his present appointment as the Director General of Malaysian Maritime EnforcementAgency.

Admiral Maritime Dato’ Mohammad has been bestowed the Dato’ Paduka Mahkota Terengganu by HRH Sultan of Terengganu,the Malaysian Armed Forces award “Panglima Setia Angkatan Tentera”, “Pahlawan Angkatan Tentera”, the national award,“Kesatria Mangku Negara” and “Johan Setia Mahkota” and state award “Setia Mahkota Terengganu”.

Kathryn LeongAdvocate & Solicitor

Kathryn Leong is the Managing Partner in L Y Leong & Partners. Her areas of practice are in admiralty work, inship arrest, collision, personal injuries, hull & cargo, salvage, impact damage claims, charter party disputes, liensetc. She advises on marine insurance & port liability to local insurance companies and ships sales, financing ofvessels, new buildings, ship foreclosures and overseas guarantees on project financing.

She read law at Lincoln’s Inn and was called to the Malaysian Bar in 1980. She joined Shearn Delamore, KL and in 1992 startedL Y Leong & Partners. She is a registered mediator with the Bar Council and has served on the Bar Council, Selangor Bar Committee,Admiralty & Shipping Committee for several years.

Joanne Long Chow FongAdvocate & Solicitor

Ms. Long is a graduate from Cambridge University with a Masters' Degree in Law having specialised inInternational Trade and Shipping Law. She was the former Regional Manager of the ICC InternationalMaritime Bureau, responsible for setting up the regional office in Malaysia. She is also a Consultant onArbitration and Amicable Dispute Resolution (Asia) for the ICC International Court of Arbitration.

Ms. Long specialises in shipping law. She has represented several P&I Clubs in collision and cargo claims, setting aside arrest,interviewing the crew, taking statements and negotiating on the terms of the letter of undertaking. In addition thereto, she has alsorepresented shipowners, financial institutions and foreign law firms on acquisition and disposal of ships, registration of ships andmortgages and ship financing. She was responsible for some of the shipping loan restructuring undertaken by banks duringthe 1997 financial crisis. She was the shipowner and financier lawyer on the acquisition and financing of a VLCC for the purposeof Floating Fuel Processing Terminal (FFPT), being one of the first in Malaysia, and subsequent agreements in relation thereto.



Norulhadi bin Md SahariffVice President/Head of Maritime, Business Development & Advisory, Bank Pembangunan Malaysia Berhad

Norulhadi Md Sahariff joined the Bank Pembangunan Group in 1984 and held various senior positions in:Malaysia Export Credit Insurance Bhd, Global Maritime Ventures Bhd, Group Special Assets Departmentand Group Risk Management Division.

He is also a board Member of most of the companies under Global Maritime Ventures Berhad.

Currently, he is the Vice President/Head of Maritime, Business Development & Advisory. His responsibilities among others are toachieve the mission of the Bank to play a premier role by providing crucial financing facilities to the maritime and marine relatedindustries.

Fuzet FaridAdvocate & Solicitor

Fuzet graduated in the law tripos from Downing College, University of Cambridge in 1992. She holds an LLMin shipping from the University of Southampton. She was called to the English Bar in 1993, Malaysian Bar in1994 and the Singapore Bar in 1999. She has been in shipping law practice since 1996. She is a Fellow of theCambridge Commonwealth Society and a member of the Chartered Institute of Arbitrators, Malaysia branch. Shehas been a member of the Shipping and Admiralty sub-committee of the Malaysian Bar Council since its inception.

YBhg. Dato’ Ir Abdul Hak Md AminHonorary Secretary, Malaysian Shipowners’ Association

YBhg. Dato’ Ir. Abdul Hak Md. Amin, the Managing Director of E.A Technique (M) Sdn Bhd, has 33 years’experience in the shipping and offshore industry. Dato’ began his career as a shipboard engineering cadet in1972 and sailed as Marine Engineer for 7 years on ocean going ships belonging to Malaysian InternationalShipping Corporation (M.I.S.C). He briefly joined the plantation industry as the Mill Engineer at Sime Darbyand as a banker at Bank Pembangunan before going back to the marine industry in 1983. He worked with an

international ship classification society (Det Norske Veritas) from Norway for about 19 years. He started as a ship surveyor inNorway and left as the CEO in Malaysia in 2002 to take over the helm of E.A. Technique (M) Sdn. Bhd.

Amongst prestigious memberships held by YBhg. Dato’ are Bureau Veritas South East Asia Technical Committee and Member ofAcademic Advisory Council, Akademi Laut Malaysia. As acknowledgement for his hard work, Dato’ was conferred with DarjahIndera Mahkota Pahang (D.I.M.P) from His Royal Highness, the Sultan of Pahang.

Captain David PadmanAssistant General Manager- Regulatory, Port Klang Authority

Capt. David Padman holds a Master Mariner Certificate of Competency from Australia. He also holds a Diplomain Port Management from the University of New Orleans.

Prior to joining the port, Capt. David Padman served a total of 15 years with the Malaysian InternationalShipping Corperation. He also commanded container ships plying between Europe, Australia and the Far East.

Having worked a total of more then 30 years in the shipping and port industry, he is also a licenced Harbour pilot and currently is theAssistant General Manager (regulatory) with the Port Klang Authority.

He is the Chairman of the Port’s Health and Safety Committee and Pilotage Board. He is also advisor to the Petronas Pilotage Boardin Malacca.

He is currently the Secretary General for the Eastern Dredging Association, a chapter of the World Organisation of DredgingAssociations. He is also Vice Chairman of the Environment Committee within the International Association of Ports and Harbours.

He has also represented the Government of Malaysia on several occasions at APEC meetings and the IMO in London, to discuss issuesrelating to safety in ports.

National Maritime Conference (8 to 10 March 2007) Bar ...

Documents

Transcript of National Maritime Conference (8 to 10 March 2007) Bar ...