The Malaysian Maritime Enforcement Agency Act 2004: Malaysia's Legal Response to the Threat of Maritime Terrorism

Abstract

This objective of this article is to provide a legal analysis of the MMEAA 2004. The article begins with an examination of the circumstances under which the MMEAA 2004 was drafted and enacted by the Malaysian Parliament. At this stage, it is important to ask whether the MMEAA was a genuine response to the threat of maritime terrorism, or whether it is a by product of pressure from the United States of America. The article continues with a critique of the structure of the agency and its personnel, followed with a scrutiny its functions and powers as provided for in the MMEAA 2004. Although the MMEAA 2004 is silent on the issue of legal liability of the agency and its personnel while conducting maritime related operations under the Act, the final part of this article contains an endeavour to determine the nature, scope and extent of that liability. The conclusion will include an assessment of whether the legislative drafting of the MMEAA 2004 is sufficient to empower the MMEA to carry its functions as a coastguard unit that has an important role to play in the fight against maritime terrorism.