Marine Fisheries Law, Law Amending Myanma (Law No. 16/93)

Marine Fisheries Law, Law Amending Myanma (Law No. 16/93)

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LAW AMENDING
THE MYANMA MARINE FISHERIES LAW
State Law and Order Restoration Council Law No. 16/93
(28 October 1993)

The State Law and Order Restoration Council hereby enacts the following Law:

1. This Law shall be called the Law Amending the Myanma Marine Fisheries Law.

2. In the Myanma Marine Fisheries Law:

Section 42 shall be amended as sub-section a of Section 42;
the following sub-section shall be inserted as sub-section b, under sub-section a of Section 42:

While the Inspector is inspecting any fishery, no one shall conceal or without the permission of the Inspector dispose of fish, fishing implement, other material and money.

3. The following section shall be inserted as Section 42A, under Section 42 of the Myanma Marine Fisheries Law:

42A. No public servant exercising any of the duties and powers conferred under this Law shall commit any of the following:

replacing another person for the offender or concealing the offender without taking any action;

causing to disappear, altering by wrongful means, substituting or misusing an exhibit involved in an offence.

4. Section 44 to 49 of the Myanma Marine Fisheries Law shall be substituted by the following Sections: 44. Whoever violates any provision of Section 33, Section 34 or Section 40 shall, on conviction be punished with imprisonment for a term which may extend to 10 years or with fine which may extend to kyats 300,000 or with both.

45. If a licence holder violates, any provision of Section 35, Section 36 or Section 37, he shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to kyats 200,000 or with both.

46. Whoever violates any provision of Section 39, Section 41 or Section 42 shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to kyats 100,000 or with both.

47. Whoever violates any provision of Section 38 shall, on conviction be punished with imprisonment for a term which may extend to 10 years or with fine which may extend to kyats 500,000 or with both.

48. Whoever violates the provision of Section 43 shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to kyats 50,000 or with both.

49. If a public servant violates any provision of Section 42A he shall, on conviction be punished with imprisonment for a term which may extend to 7 years and may also be liable to fine. In addition, the exhibits involved in the offence shall be confiscated.

5. The following Section shall be substituted for Section 58 of the Myanma Marine Fisheries Law: 58. In imposing a punishment of fine by the Court for violation of any of the prohibition contained in this Law, if the accused is a foreigner the fine shall be paid in foreign currency equivalent to the amount in Myanmar currency, as determined by the Government. 6. The following Section shall be inserted as Section 59A, under Section 59 of the Myanma Marine Fisheries Law: 59A. If it is necessary to take action against any public servant under Section 49, legal proceedings shall only be instituted with the prior sanction of the Ministry.

(signed) Than Shwe
Senior General
Chairman, The State Law and Order Restoration Council

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Acknowledgement: Translation from Myanma language; text courtesy of the National Commission for Environmental Affairs, Yangon, Myanmar.

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last updated 1st August, 1998
Asia-Pacific Centre for Environmental Law
Faculty of Law
National University of Singapore
© 1998