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Civil Aviation Act 1969 and Civil Aviation Regulations 1996

The Civil Aviation Act 1969 (Act 3) gives effect to the 1944 Chicago Convention on Civil Aviation 1944, its Annexes and regulates civil aviation in Malaysia. Section 3 empowers the Minister to adopt the Civil Aviation Regulations 1996 which have been amended as recently as 2004. The Preamble to the Civil Aviation Regulations

1996 acknowledges this. These Ministerial regulations are called Federal Subsidiary Legislation, P.U.(A) 139/96. Two important areas of this subsidiary legislation for the present analysis of the Convention and its Protocol relate to aircraft detention, sale and lien and mortgage. Section 22 of the Civil Aviation Act provides that aircraft may be detained to secure compliance with this Act or any such regulations. If the rules on aircraft sale and lien and mortgage are not abrogated in the Civil Aviation Act, then two possible interpretations arise. First, that they are compatible with the treaty regimes that Malaysia has adopted and so these provisions continue to govern our internal transactions and second, in the event that they are inconsistent with Malaysia’s international obligations under the treaty regimes, then the treaty obligations would prevail under the 1969 Vienna Convention on the Law of Treaties, as Malaysia is also a party to the latter.

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