The Star
KLANG: The seven Somali pirates who were recently detained for piracy in the Gulf of Aden can be prosecuted under Malaysian law, said the Bar Council.
Its chairman Ragunath Kesavan said the act was chargeable under the Penal Code.
“We can prosecute the pirates as we have the jurisdiction to do so,” he said, adding that the ship was a Malaysian vessel.
He added that the charges under the Penal Code for the act could vary from kidnapping to robbery, depending on how it was presented in court.
Lawyer Datuk Muhammad Shafee Abdullah said illegally boarding a ship to hijack the vessel was an act of piracy.
Its chairman Ragunath Kesavan said the act was chargeable under the Penal Code.
“We can prosecute the pirates as we have the jurisdiction to do so,” he said, adding that the ship was a Malaysian vessel.
He added that the charges under the Penal Code for the act could vary from kidnapping to robbery, depending on how it was presented in court.
Lawyer Datuk Muhammad Shafee Abdullah said illegally boarding a ship to hijack the vessel was an act of piracy.
“This would be an offence against the law of Malaysia such as the Penal Code,” Mohd Shafee said.
He said that although criminal law is usually only related to the country concerned, there are circumstances where extra territorial jurisdiction would be given in criminal and civil matters.
“Criminal offences committed on a Malaysian-registered vessel or aeroplane is treated as a local offence under Malaysian law even if it (vessel or aeroplane) was in international territory,” Mohd Shafee added.
The pirates were captured on Jan 21 when they attempted to hijack a chemical tanker, MT Bunga Laurel.
Malaysian naval commandos managed to free the 23 crew members after a gunbattle that left three pirates wounded.
News reports said the Bunga Laurel was a Panama-registered vessel owned by a Japanese shipping company and managed and chartered by the Malaysian International Shipping Corporation (MISC)
It was manned by a Filipino crew, carried the cargo of another country and was hijacked in international waters.
The National Security Council and the Attorney-General’s Chambers are studying how the pirates can be charged in a Malaysian court.
He said that although criminal law is usually only related to the country concerned, there are circumstances where extra territorial jurisdiction would be given in criminal and civil matters.
“Criminal offences committed on a Malaysian-registered vessel or aeroplane is treated as a local offence under Malaysian law even if it (vessel or aeroplane) was in international territory,” Mohd Shafee added.
The pirates were captured on Jan 21 when they attempted to hijack a chemical tanker, MT Bunga Laurel.
Malaysian naval commandos managed to free the 23 crew members after a gunbattle that left three pirates wounded.
News reports said the Bunga Laurel was a Panama-registered vessel owned by a Japanese shipping company and managed and chartered by the Malaysian International Shipping Corporation (MISC)
It was manned by a Filipino crew, carried the cargo of another country and was hijacked in international waters.
The National Security Council and the Attorney-General’s Chambers are studying how the pirates can be charged in a Malaysian court.
No comments:
Post a Comment