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LAW AMENDING
THE LAW RELATING TO
THE FISHING RIGHTS OF FOREIGN FISHING VESSELS
State Law And Order Restoration Council Law No. 15/93
(25 October 1993)

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

1.    This Law shall be called the Law Amending the Law Relating to the Fishing Rights of Foreign Fishing Vessels.

2.    The following section shall be inserted as section 35A, under section 35 of the Law Relating to the Fishing Rights of Foreign Fishing Vessels:

35A.    No public servant exercising any of the duties and powers conferred under this Law shall commit any of the following:

1. replacing another person for the offender or concealing the offender without taking any action;
2. causing to disappear, altering by wrongful means substituting or misusing an exhibit involved in an offence.

38.

1. If the Master violates the provision of section 31, he shall, on conviction be punished with imprisonment for a term which may extend from a minimum of 5 years to a maximum of 10 years and shall also be liable to a fine which may extend from a minimum of kyats 200,000 to a maximum of kyats 500,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 1 year to a maximum of 3 years.
2. If a member of the crew violates the provision of section 31, he shall, on conviction be punished with imprisonment for a term which may extend from a minimum of 3 years to a maximum of 7 years and shall also be liable to a fine which may extend from a minimum of kyats 20,000 to a maximum of kyats 50,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 6 months to a maximum of 1 year.

39.

1. If the Master violates any provision of sub-section a or sub-section b of section 32, he shall, on conviction be punished with fine which may extend from a minimum of kyats 100,000 to a maximum of kyats 300,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 1 year to a maximum of 3 years.
2. If the Master violates any provision of sub-section c of section 32, he shall, on conviction be punished with imprisonment for a term which may extend from a minimum of 5 years to a maximum of 10 years and shall also be liable to a fine which may extend from a minimum of kyats 200,000 to a maximum of kyats 500,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 1 year to a maximum of 3 years.

40.    If the Master violates any provision of section 33, he shall, on conviction be punished with imprisonment for a term which may extend from a minimum of 2 years to a maximum of 5 years and shall also be liable to a fine which may extend from a minimum of kyats 50,000 to a maximum kyats 200,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 1 year to a maximum of 2 years.

41.    If the Master violates any provision of section 34, he shall, on conviction be punished with fine which may extend from a minimum of kyats 50,000 to maximum of kyats 100,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 1 year to a maximum of 2 years.

42.    Whoever violates any provision of section 35 or section 36 shall, on conviction be punished with imprisonment for a term which may extend to 3 years and shall also be liable to a fine which may extend from a minimum of kyats 50,000 to a maximum of kyats 100,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 1 year to a maximum of 2 years.

43.    If any public servant violates any provision of section 35A, he shall, on conviction be punished with imprisonment for a term which may extend to 7 years and may also be liable to a fine. In addition, the exhibits involved in the offence shall be confiscated.

44.    Whoever violates any provision of section 37 shall, on conviction be punished with imprisonment for a term which may extend to 3 years and shall also be liable to a fine which may extend from a minimum of kyats 30,000 to a maximum of kyats 50,000. In default of payment of the fine shall entail imprisonment for a term which may extend from a minimum of 6 months to a maximum of 1 year.

55A.    If it is necessary to take action against any public servant under section 43, 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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