Page:Malaysian Maritime Enforcement Agency Act 2004.pdf/12

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Malaysian Maritime Enforcement Agency
11
(i) to expel any vessel which it has reason to believe to be detrimental to the interest of or to endanger the order and safety in the Malaysian Maritime Zone.

(3) Without prejudice to the generality of subsection (1), an officer of the Agency shall have, for the purpose of this Act, all the powers which any relevant agency may exercise under any federal law which is applicable in the Malaysian Maritime Zone.

(4) Notwithstanding subsection (2), no vessel shall be stopped, entered, boarded, searched, inspected or detained within the area of territorial sea if the passage of the vessel within the territorial sea is an innocent passage.

(5) For the purpose of subsection (4) the passage of a vessel is an innocent passage if and so long as the passage of the vessel is not prejudicial to the peace, good order or security of Malaysia.

(6) Notwithstanding any written law, for the purposes of subsection (5), the following activities shall be considered to be prejudicial to the peace, good order and security of Malaysia:

(a) any threat or use of force against the sovereignty, territorial integrity or political independence of Malaysia or any act which in any manner is a violation of the principles of international law;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security of Malaysia;
(d) any act of propaganda aimed at affecting the peace, defence or security of Malaysia;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or health laws of Malaysia;
(h) any act of pollution;
(i) any fishing activities;