1 PART I PRELIMINARY-1. Short title.

This Act may be cited as the Arms Act 1960 .

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires:

  "ammunition"  means ammunition (including blank ammunition) for any arm as hereinafter defined, and includes grenades, bombs and other like missiles, whether capable of use with arms or not, and any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other thing;

  "arm"  means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted or which can be adapted for the discharge of any noxious liquid, gas or other thing, and includes an air gun, air pistol, automatic gun, pistol and any component parts of any such weapon, and any accessory to those weapons designed or adapted t

3 PART II LICENCES AND PERMITS Arms Licences and Arms Permits-3. No person to possess, carry or use arms or ammunition without an arms licence or an arms permit.

(1) Subject to this Act and any regulations made thereunder, no person shall have in his possession, custody or control any arms or ammunition unless he is the holder of an arms licence in that behalf granted to him under section 4.

(2) Notwithstanding subsection (1), a person may carry and use arms or ammunition in accordance with the terms of a valid permit granted to him under section 4:

Provided that there is in force an arms licence in respect of those arms and ammunition granted to some other person.

4 PART II LICENCES AND PERMITS Arms Licences and Arms Permits-4. Grant and renewal of arms licences and arms permits.

(1) An application for an arms licence or arms permit shall be made in the prescribed form to the Chief Police Officer of the State in which the applicant resides, and shall state such particulars as may be required by the said form.

(2) Subject to this Act and any regulations made thereunder, a Chief Police Officer may grant to an applicant an arms licence or arms permit, as the case may be, if he is satisfied that the applicant has a good reason for having in his possession, custody or control, or for carrying and using, as the case may be, the arms and ammunition in respect of which the application is made, and that he can be authorized in that behalf without danger to the public safety or the public interest.

(3) An arms licence or arms permit shall be in such form as may be prescribed, and shall specify the conditions and restrictions subject to which it is held, the nature and number or other identification mark of the arms to whi

5 PART II LICENCES AND PERMITS Arms Licences and Arms Permits-5. Restrictions on the grant of arms licences and arms permits.

(1) No arms licence shall be granted or renewed for:

(a) a pump or repeating shot gun of any kind, unless the magazine of the gun is so constructed or permanently plugged as to render it incapable of firing more than one cartridge at each pressure of the trigger or, in the case of a double-barrelled gun, one cartridge from each barrel;

(b) an arm that is so designed or adapted that if pressure is applied to the trigger missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty;

(c) any arm of any description designed or adapted for the discharge of any noxious liquid, gas or other thing;

(d) any grenade or bomb or other like missile;

(e) any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing.

(2) No arms licence or arms perm

6 PART II LICENCES AND PERMITS Arms Licences and Arms Permits-6. Exemptions from requirements to hold arms licences or arms permits.

(1) Section 3 shall not apply to the Yang di-Pertuan Agong or to the Ruler or Yang di-Pertua Negeri of any State:

Provided that a return shall be made to a Chief Police Officer in the month of July in every year by such person as the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri may appoint in that behalf, giving particulars of all arms and ammunition in the possession, custody or control of the Yang di-Pertuan Agong or of the Ruler or Yang di-Pertua Negeri in respect of which no arms licence is in force.

(2) Notwithstanding section 3:

(a) a licensed dealer or licensed repairer or any servant thereof acting in the course of his employment, may without holding an arms licence or arms permit have in his possession, custody or control, or carry or use arms or ammunition, in the ordinary course of business as that dealer or repairer, and in accordance with the terms of that dealer's or repairer's

7 PART II LICENCES AND PERMITS Arms Licences and Arms Permits-7. Loss or destruction of, or obliteration, etc , of marks on, arms and ammunition.

(1) Whenever any arms are lost or destroyed or any ammunition is lost, the person named in any arms licence to which the arms or ammunition relate and any other person who may have been in possession of the arms or ammunition immediately before the loss or destruction thereof shall, as soon as possible but in any case within fourteen days after becoming aware of the loss or destruction, make a report thereof at the police station nearest to the places where the persons respectively reside; and upon failure so to report within the said period every such person shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

(2) Any person who:

(a) wilfully obliterates, defaces, alters, counterfeits or forges any mark which is used for the identification of any arms or ammunition by the manufacturer thereof, or by which any arms or ammunition may be identified in accordance with any arms licence, or whic

8 PART II LICENCES AND PERMITS Arms Licences and Arms Permits-8. Penalty for possessing or carrying arms and ammunition without an arms licence or arms permit, etc .

Any person who in contravention of the provisions of this Act:

(a) has in his possession, custody or control, or carries or uses any arm or ammunition without an arms licence or arms permit in that behalf or otherwise than as authorized by the licence or permit or, in the case of ammunition, in quantities in excess of those so authorized; or

(b) fails to comply with any condition or to observe any restriction subject to which an arms licence or arms permit is held by him,

shall, on conviction, be liable in respect of any such contravention to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both.

9 Dealers' Licences, Repairers' Licenses, and Combined Dealers' and Repairers' Licences-9. Licences to deal in and repair arms and ammunition.

(1) Subject to this Act and any regulations made thereunder, no person shall sell or transfer, or keep or expose for sale or transfer, any arms or ammunition unless he is the holder of a valid licence to deal in arms and ammunition granted to him under this section:

Provided that:

(a) the holder of an arms licence in respect of any arms or any firm, partnership, company or corporation owning such arms may, subject to section 3, sell or transfer otherwise than by way of trade or business any such arms;

(b) a person lawfully carrying on the business of an auctioneer may sell by auction or keep or expose for sale by auction without holding a dealer's licence any arms or ammunition in respect of which there is an arms licence in force if the auctioneer has obtained permission in writing from a Chief Police Officer to sell arms or ammunition by auction and he complies with all the conditions and observe

10 Dealers' Licences, Repairers' Licenses, and Combined Dealers' and Repairers' Licences-10. Boards to be affixed at Dealers and Repairers Shops.

(1) Every licensed dealer and licensed repairer shall affix and maintain in a conspicuous position outside the door of his shop or place of business a board bearing the words "Licensed to Deal in and to Repair Arms and Ammunition" or "Licensed to Deal in Arms and Ammunition" or "Licensed to Repair Arms and Ammunition", as the case may be, distinctly printed in letters not less than two inches high.

(2) Any person who contravenes this section shall, on onviction, be liable to a fine not exceeding five hundred ringgit.

11 Licences to Purchase, Obtain or Transfer Arms and Ammunition-11. Restrictions on the sale and transfer of arms and ammunition; licence to purchase, obtain, or transfer arms and ammunition.

(1) No person shall sell or transfer any arms or ammunition except to:

(a) a licensed dealer or licensed repairer;

(b) a person who shows that he is entitled to have the arms or ammunition in his possession by virtue of this Act or of any licence or permit thereunder, provided that in the case of a person entitled by virtue of a licence or permit, he produces the licence or permit to the person selling or transferring the same; or

(c) to a person who is and whom he knows or believes to be a police officer or other public officer acting in the course of his duty in accepting delivery of the arms or ammunition.

(2) No person shall knowingly accept delivery of any arms or ammunition unless he is the holder of a valid licence granted to him under this section authorizing him to purchase or acquire the arms or ammunition or unless he is otherwise entitled under this Act or

12 Licences to Manufacture Arms and Ammunition-12. No person to manufacture arms or ammunition without licence.

(1) No person shall manufacture any arm or ammunition unless he is the holder of a valid licence to manufacture arms or ammunition granted to him by the Minister under this section.

(2) The Minister may, if he considers it in the national interest to do so, grant to any applicant a licence to manufacture arms or ammunition and such licence shall be subject to this Act and any regulations made thereunder, and to all conditions and restrictions imposed in such licence which may include:

(a) the type and quantities of arms or ammunition the holder of the licence is authorized to manufacture;

(b) the security measures to be undertaken by the holder of the licence at the place of manufacture or any other place;

(c) the requirement that the holder of the licence, if it is a company, firm, society or other body of persons, permits a government official nominated by the Minister to be pres

13 Licences to Manufacture Arms and Ammunition-13. Boards to be affixed at place of manufacture.

(1) Every licensed manufacturer shall affix and maintain in a conspicuous position outside the place of manufacture a board bearing the words "Licensed to Manufacture Arms and Ammunition" or "Licensed to Manufacture Arms" or "Licensed to Manufacture Ammunition", as the case may be, distinctly printed in letters not less than two inches high.

(2) Any person who contravenes this section shall, on conviction, be liable to a fine not exceeding five hundred ringgit.

14 Licences to Manufacture Arms and Ammunition-14. Penalty for manufacturing without licence and for breach of conditions of licence.

(1) Any person who manufactures an arm or ammunition without a valid licence granted under section 12 or in contravention of any condition imposed under paragraph 12(2) (a) shall, on conviction-

(a) be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping of not less than six strokes; and

(b) in the case of a company, firm, society or body of persons, be punished with a fine not exceeding five million ringgit.

[(1) Subs. by Act 846]

(2) Any licensed manufacturer who fails to comply with any condition or to observe any restriction imposed by the licence other than conditions imposed under paragraph 12(2) (a) shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit, and, in the case of a company, firm, society or body of persons, to a fine no

15 Import and Export of Arms and Ammunition and Licences therefor-15. Licence to import.

(1) No person shall import any arms or ammunition or parts of arms into Malaysia, either by sea, land or air, unless he holds a licence in that behalf.

(2) Such licence may be obtained on application to the Chief Police Officer of any State, and shall be in such form as may be prescribed:

Provided that where the applicant is a person who holds or is at the same time applying for a licence to manufacture arms or ammunition such application shall be made to the Minister.

(3) Every holder of such licence shall endorse thereon descriptive particulars of all arms and ammunition and parts of arms imported thereunder, and shall return the licence to the Officer in Charge of the Police District wherein he resides within three days from the expiration of the term allowed thereby.

(4) A bona fide traveller arriving in Malaysia may on application at the place of arrival to any police officer appointed in writing in that be

16 Import and Export of Arms and Ammunition and Licences therefor-16. Marking of cases and notice of importation.

When arms or ammunition are imported into Malaysia for the purposes of trade or profit:

(a) the case or package, if any, containing the same shall be distinctly and legibly marked with the words "Firearms" or "Ammunition", or shall be marked in such other manner as the Minister may by order prescribe; and

(b) notice of the intended importation and of the name of any vessel and of the estimated date and time of arrival of the vessel or of any aircraft, train or vehicle whereby the same is to be effected shall, if known, be given to the proper officer of customs at the port or place of import before the arrival thereof at such port or place.

17 Import and Export of Arms and Ammunition and Licences therefor-17. Declaration of arms and ammunition.

Every person entering Malaysia who has in his possession or among his baggage any arms or ammunition, and every consignee receiving any arms or ammunition imported into Malaysia, shall make a declaration thereof at such time and place, in such manner, and with such particulars, as may be prescribed, and shall at the same time produce the licence issued under section 15 for the importation of the arms or ammunition.

18 Import and Export of Arms and Ammunition and Licences therefor-18. Permit to land or tranship arms and ammunition.

(1) The Chief Police Officer of any State may, upon application by the owner, agent, master or captain of any vessel or aircraft arriving or about to arrive at any port or place in the State, grant a permit to the owner, agent, master or captain authorizing him to land any arms or ammunition consigned upon the vessel or aircraft to the port or place or for transhipment at the port or place.

(2) The Chief Police Officer of any State may, upon application by the owner, agent, master or captain of any vessel or aircraft arriving or about to arrive at any port or place in the State and having on board any arms or ammunition for transhipment at the port or place, grant to the owner, agent, master or captain a permit to tranship the arms or ammunition.

(3) The owner, agent, master or captain of the vessel or aircraft shall, upon the grant of a permit under subsection (1) or (2), cease to be liable to any prosecution for importing the arms or

19 Import and Export of Arms and Ammunition and Licences therefor-19. Licence to export.

(1) No person shall export any arms or ammunition from Malaysia either by sea, land or air unless he holds a licence in that behalf.

(2) Such a licence may be obtained on application to the Chief Police Officer of any State, and shall be in such form as may be prescribed:

Provided that where the applicant is a person who holds or is at the same time applying for a licence to manufacture arms or ammunition such application shall be made to the Minister.

20 Import and Export of Arms and Ammunition and Licences therefor-20. Ports and places of import and export.

The Minister may, from time to time, by notification in the Gazette , declare that arms or ammunition or particular classes of arms or ammunition shall not be imported into or exported from Malaysia except at ports or places specified in the notification, and no arms or ammunition shall be imported into or exported from Malaysia contrary to the terms of the notification.

21 Import and Export of Arms and Ammunition and Licences therefor-21. Minister may prohibit importation or exportation.

(1) The Minister may, from time to time, by notification in the Gazette, prohibit for a period to be specified in the notification either the importation or the exportation of any arms or ammunition or parts of arms or of particular kinds of arms or ammunition or parts of arms without a special permit signed by himself.

(2) Any such prohibition of exportation may either be absolute or may relate to such place or places as shall be specified in the notification; and any person who takes or sends any article out of Malaysia by sea, land or air with the intention that it shall ultimately reach a particular place either directly or indirectly shall, for the purposes of this section, be deemed to export the arms or ammunition to that place.

(3) Any person who imports or exports any arms or ammunition or parts of arms in contravention of any notification published under this section or in breach of the restrictions and conditions subject to o

22 Import and Export of Arms and Ammunition and Licences therefor-22. Penalty in respect of vessel, aircraft or vehicle used for illegal importation or exportation.

(1) If any vessel, aircraft or vehicle is used:

(a) for the importation or exportation of any arms or ammunition or parts of arms in contravention of a notification under section 21; or

(b) for the receipt or storage of any arms or ammunition or parts of arms imported in contravention of a notification under section 21,

then:

(A) the owner, master or captain thereof shall, on conviction, be liable to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both, unless it is proved to the satisfaction of the court that the said owner, master or captain was not implicated in the placing of the arms or ammunition or parts of arms on board the vessel, aircraft or vehicle, and that the offence in question was committed without his knowledge, consent or connivance; and

(B) the vessel, aircraft or vehicle may be d

23 Import and Export of Arms and Ammunition and Licences therefor-23. Penalty for unlawful importation or exportation.

(1) Any person who contravenes subsection 15(1) or 19(1) shall, on conviction, be liable to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both.

(2) Any person who contravenes subsection 15(3), section 16, 17 or 20 shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

24 Import and Export of Arms and Ammunition and Licences therefor-24. Concealing unlawfully imported arms or ammunition.

Whoever knowingly conceals any arms or ammunition imported without a licence shall, on conviction, be liable to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both.

25 General-25. Inspection of stock-in-trade.

(1) Every licensed dealer, licensed repairer and licensed manufacturer shall on the demand of any police officer of or above the rank of sergeant submit his stock-in-trade, which shall be deemed to include arms in his possession for repair, to the inspection of the officer.

(2) Whoever intentionally conceals the stock-in-trade of any such person from a police officer of or above the rank of sergeant or wilfully refuses to point out where the same is kept shall, on conviction, be liable to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both.

26 General-26. Returns of arms and ammunition and production of arms and ammunition, etc , to police.

(1) The Chief Police Officer in any State may, from time to time, at his discretion by order published in the Gazette , require every person resident in the State who is authorized under any licence, permit or other written authority issued under any written law for the time being in force in the State to carry, possess or have in his custody or under his control any arms or ammunition or any arm or ammunition of any such class or kind as may be specified in the said order, to forward to the Chief Police Officer within such time as may be specified in the said order, a return under his hand, setting forth such particulars as may be specified in the said order of all arms and ammunition, or of all arms and ammunition of such specified class or kind, which are in his possession or in his custody or under his control.

(2) Any senior police officer or any Officer in Charge of a Police District may, for reasons to be first recorded by him, a

27 General-27. Deposit of arms and ammunition at police station.

(1) Any person whose possession of any arms or ammunition has become unlawful in consequence of the expiry, suspension or revocation of a licence or permit shall, without unnecessary delay, deposit the arms or ammunition at the nearest police station.

(2) Subject to any regulations made under this Act, if the owner of any arms or ammunition deposited at any police station does not, within six months from the date of deposit, produce a licence authorizing him to possess the same and apply for the delivery thereof, the arms or ammunition shall be forfeited.

(3) Every person licensed to possess arms or ammunition under this Act shall, upon leaving Malaysia for any period exceeding three months, unless he exports the arms or ammunition on so leaving:

(a) deposit the same with any person who holds a valid permit in respect of the same;

(b) transfer the same to some person authorized under sectio

28 General-28. Lost, destroyed, etc , licences and permits.

If any licence or permit granted under this Act is destroyed, defaced, mutilated or lost, the person named therein may, on application to any officer authorized to issue the licences or permits and on satisfying him that the application is made in good faith, obtain from him, on payment of the prescribed fee, a new licence or permit in lieu of that destroyed, defaced mutilated or lost.

29 General-29. Where licensee under disability.

(1) If a person licensed to deal in or to repair arms or ammunition or to import or to export arms or ammunition or to manufacture arms or ammunition dies or becomes insolvent or bankrupt or mentally disordered or otherwise subject to any disability, the person carrying on the business of the licensee shall not be liable to any penalty or forfeiture for acting under the licence during such reasonable time as may be necessary to allow him to make application for a new licence.

(2) Such person shall be deemed to be the holder of such licence for all purposes under this Act, and to be liable in the same way as if he were the original holder thereof, until a new licence is granted or refused.

30 General-30. Refusal and revocation of licences and permits.

(1) A Chief Police Officer may, or any police officer having authority to grant or issue any licence or permit under this Act by virtue of any delegation of the power to him under section 57 may with the approval of the Chief Police Officer having jurisdiction over him,:

(a) refuse any application for the grant of a licence or permit without assigning any reason therefor;

(b) refuse any application for the renewal of, or revoke or suspend, any licence or permit granted under this Act for reasons of public safety or other grounds to be duly recorded by him.

(2) Where any licence or permit is revoked or suspended the person in possession thereof shall without delay deliver the same up to the nearest police station.

(3) Every licence or permit shall be held subject to such conditions or restrictions as may be prescribed and as the officer granting the licence or permit may impose

31 General-31. Minister's power to order revocation of licences and permits.

The Minister may order the revocation of any arms licence or arms permit without giving any reason therefor.

32 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-32. Penalty for use and possession of arms and imitation arms in certain cases.

(1) (a) If any person makes or attempts to make any use whatsoever of an arm or imitation arm with intent to resist or prevent the lawful apprehension or detention of himself or any other person, he shall, on conviction, be liable to imprisonment for a term not exceeding forty years.

[Am. by Act 846]

(b) Where any person commits an offence under this subsection in respect of the lawful apprehension or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by this subsection in addition to any penalty to which he may be sentenced for that other offence.

(2) If any person, at the time of his committing, or at the time of his apprehension for, any offence specified in the First Schedule has in his possession any arm or imitation arm, he shall, unless he shows that he had it in his possession for a lawful purpose, be liable, on conviction, to im

33 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-33. Possession of arms and ammunition for unlawful purpose.

Any person who has in his possession, custody or control or carries any arm or ammunition in circumstances which raise a reasonable presumption that he has used or intends or is about to use the arm or ammunition for any unlawful purpose or that the arm or ammunition is likely to be used for any unlawful purpose shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both, and shall also be liable to whipping.

34 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-34. Carrying a firearm while drunk or disorderly.

Any person who is drunk, or who behaves in a disorderly manner, while carrying an arm shall, on conviction, be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding one thousand ringgit, or to both.

35 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-35. Loss of firearms or ammunition.

Any person lawfully authorized to be in possession of or to have in his custody or under his control any arm or ammunition shall, if the same or any part thereof be lost or stolen, be liable, on conviction, unless he can prove that he took all reasonable precautions against the loss or theft, to imprisonment for a term not exceeding one year, or to a fine not exceeding one thousand ringgit, or to both.

36 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-36. Possession of and importation of imitation arms.

(1) Any person who shall import or have in his possession or custody an imitation arm shall, on conviction, be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding five thousand ringgit, or to both:

Provided that it shall not constitute an offence under this section:

(a) for a person under the age of fourteen years to possess an imitation arm; or

(b) for any person to import or be in possession of an imitation arm under and in accordance with a licence, in such form as may be prescribed, issued by the Chief Police Officer of the State in which the person resides or, in the case of a person importing the arms in the ordinary course of business, in which he carries on business.

(2) It shall be lawful for a Magistrate upon the request in writing of a Chief Police Officer to order that any imitation arm be destroyed by the police, whether any person

37 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-37. Causing injury with an arm without lawful excuse.

Any person who discharges an arm and injures any person thereby, whether fatally or not, shall, unless he satisfies the court that he had some lawful justification or excuse for causing such injury or that he took all reasonable precautions to ensure that no person was injured by such discharge, on conviction, be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five thousand ringgit, or to both.

38 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-38. Provisions as to shortening arms and converting imitation arms.

(1) No person, other than a licensed arms dealer having the prior written consent of the Chief Police Officer of the State in which the dealer carries on business, shall shorten a barrel of any arm.

(2) No person shall convert into an arm anything which, prior to the conversion, is so constructed as to be incapable of discharging any missile through the barrel thereof.

(3) Any person who contravenes subsection (1) or (2) shall for each offence, on conviction, be liable to imprisonment for a term not exceeding fourteen years, or to a fine not exceeding ten thousand ringgit, or to both.

(4) Any person who has in his possession an arm which has been shortened without the written consent referred to in subsection (1), or an arm which had been converted, as aforesaid, shall be liable to the penalty provided in subsection (3).

39 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-39. Arms not to be discharged except at shooting range, etc .

No person shall discharge an arm:

(a) except at a place permitted in writing to be used as a shooting range by the Chief Police Officer of the State where the place is situated;

(b) except for the protection of life or property;

(c) unless he is authorized under any written law relating to the protection of wild life to shoot, kill or hunt wild animals or birds and is acting under such authorization; or

(d) unless he is a member of the armed forces, or a police officer or other person engaged in the performance of police duties in accordance with any written law, and is acting within the course of his duty.

40 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-40. Finding of arms or ammunition.

Any person who finds any arm or ammunition shall forthwith report such finding to the police.

41 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-41. Abetment and attempt.

Whoever abets the commission of any offence punishable under this Act or any regulations made thereunder, or attempts to commit any such offence and in the attempt does any act towards the commission of the same, shall be liable to the same penalty as if he had committed the offence.

42 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-42. Offences by bodies of persons, servants and agents.

(1) Where an offence against this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in that capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

(2) Where any person would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default he shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default o

43 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-43. General penalty.

Any person who contravenes or fails to comply with any provision of this Act or any regulations made thereunder, and for which no special penalty is provided, shall, on conviction, be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding two thousand ringgit, or to both.

44 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-44. Rewards to informers.

In case of a conviction involving a fine under any section of this Act or under any regulations made thereunder it shall be lawful for the court inflicting the fine to direct, on the application of the prosecution, that any part thereof, not exceeding one-half:

(a) shall be paid to any person who has given such information to the police as has led to the conviction of the offender or offenders; or

(b) shall be divided, in such proportions as the court may direct, among any persons who have given such information.

45 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-45. Presumption.

(1) Every person who is proved to have had in his possession or under his control anything whatever containing any arms, ammunition or imitation arms shall, until the contrary is proved, be deemed to have been in possession of the arms, ammunition or imitation arms.

(2) Every occupier of any house or premises in which any arms, ammunition or imitation arms are found shall for the purposes of this Act be deemed, until the contrary is proved, to have been in possession of those arms, ammunition or imitation arms.

46 PART III OTHER OFFENCES, PENALTIES AND PROCEEDINGS-46. [Deleted by Act 846] .

47 PART IV SEARCH, SEIZURE AND ARREST-47. Search for arms or ammunition under warrant.

(1) A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon written information and after any enquiry which he may think necessary that:

(a) any person residing within the limits of his jurisdiction:

(i) has in his possession, custody or control any arms or ammunition in contravention of this Act or of any licence or permit in respect thereof; or

(ii) has in his possession, custody or control any arms or ammunition whereof he cannot be left in possession without danger to the public peace; or

(b) any arms or ammunition are in or on any house, premises or other building or place or any vessel, aircraft or vehicle, in contravention of this Act or of any licence or permit issued thereunder,

may by warrant authorize any person therein named or any police officer with such assistance and by such force as may be ne

48 PART IV SEARCH, SEIZURE AND ARREST-48. Search warrant against persons.

(1) A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon information and after any enquiry which he may think necessary that there is good reason to believe that any arms or ammunition are likely to be found on any person in contravention of this Act or of any licence or permit issued thereunder may by warrant under his hand order any police officer to arrest and search the person, or may by warrant under his hand order any person therein named to arrest the person and to take him forthwith before any Magistrate or senior police officer or Officer in Charge of a Police District, who shall thereupon cause the person to be searched in his presence; and if any arms or ammunition are found upon the person he shall be taken before a Magistrate to be dealt with according to law.

(2) No woman shall be searched under this section except by a woman.

49 PART IV SEARCH, SEIZURE AND ARREST-49. Entry and search by Magistrate, etc .

(1) Whenever a Magistrate, a senior police officer or an Officer in Charge of a Police District is competent to issue a warrant under section 47 or 48 he may himself exercise all the powers which may be conferred on a police officer under the section; and he may also exercise all such powers in any of the following cases:

(a) in respect of any person who has within the preceding six months been convicted of any offence against this Act or any regulations made thereunder;

(b) if he has personal knowledge of such facts and circumstances as satisfy him that there are sufficient grounds for a search under the said sections respectively; or

(c) if he receives the required information orally, and either on oath or not on oath, under such circumstances that the object of a search would, in his opinion, be defeated by the delay necessary for reducing the information to writing: provided that in su

50 PART IV SEARCH, SEIZURE AND ARREST-50. Entry on place where arms or ammunition are used.

Any police officer may enter and remain on any land or premises other than a dwelling-house at and for such time as may be reasonably necessary to enable him to ascertain whether a person carrying or using any arms or ammunition on the land or premises has a licence or permit in that behalf.

51 PART IV SEARCH, SEIZURE AND ARREST-51. Search of trains, vessels, aircraft and vehicles.

(1) If:

(a) any train, vessel or aircraft in any port or place in Malaysia is suspected of having on board any article the importation or exportation of which is absolutely prohibited by a notification under section 21 and which is not exempted by this Act or by any special permit thereunder, or any such article is suspected to be in or on any vehicle in any such place; or

(b) any train, vessel or aircraft about to leave any port or place in Malaysia bound for any particular country, territory or place is suspected of having on board any article the exportation of which to that country, territory or place is so prohibited and which is not exempted as aforesaid, or any such article is suspected to be in or on any vehicle about to leave any such place,

the Officer in Charge of the Police District in which the said port or place is situate may issue a search warrant directed to any board

52 PART IV SEARCH, SEIZURE AND ARREST-52. Power to stop and search for arms, etc , in the street.

(1) It shall be lawful for any police officer to stop and to search for arms, ammunition or imitation arms any person whom he may find in any street or other public place at any hour of the day or night who acts in a suspicious manner or whom he may suspect of having any arms, ammunition or imitation arms in his possession.

(2) No woman shall be searched under this section except by a woman.

53 PART IV SEARCH, SEIZURE AND ARREST-53. Seizures and forfeitures.

(1) All arms and ammunition in respect of which there has been any offence against this Act or any regulation made thereunder, or any restriction or condition subject to or upon which any licence or permit has been granted, shall be seized by any police officer or proper officer of customs and, together with the receptacles containing the same, shall be liable to forfeiture by order of a Sessions Court Judge or a Magistrate:

Provided that a President of a Sessions Court Judge or a Magistrate may order the arms and ammunition or the receptacles to be released and to be delivered to such person as shall be named in the order, whether or not any person has been convicted of the offence.

(2) All arms and ammunition which may be found without an apparent owner shall be seized by any police officer and if, after such notice as a Magistrate may direct, no owner appears, the same may by order of a Magistrate be forfeited.

54 PART IV SEARCH, SEIZURE AND ARREST-54. Persons conveying arms or ammunition may be apprehended without warrant.

(1) If any person is found carrying or conveying any arms or ammunition in such a manner or under such circumstances as to afford reasonable grounds for suspicion that the same may be used for any unlawful purpose dangerous to the public peace, any person may, without warrant, apprehend the person so found and detain him in custody.

(2) If any person is apprehended by a person who is not a police officer, he shall be forthwith taken to the nearest or other police station or handed over to a police officer.

55 PART IV SEARCH, SEIZURE AND ARREST-55. Arrest by police without warrant.

Any police officer may arrest without warrant any person found committing or attempting to commit or employing, aiding or assisting any person to commit an offence under section 3, subsection 7(2), 9(1), section 12, subsection 15(1), 19(1), 22(1), section 24, subsection 25(2), paragraph 32(1) (a) , section 34, subsection 36(1), section 37, subsection 38(4), section 39, 40 or subsection 47(2).

56 PART IV SEARCH, SEIZURE AND ARREST-56. Persons arrested to be taken to police station.

Every person arrested by virtue of any power given by this Act shall, together with any article as to which any offence may have been committed or attempted to be committed, be taken to a police station and conveyed, as soon as conveniently may be, before a Sessions Court or the Court of a Magistrate to be dealt with according to law.

57 PART V GENERAL-57. Power of Chief Police Officer to delegate.

A Chief Police Officer may, by notification in the Gazette, delegate:

(a) to any senior police officer or an Officer in Charge of a Police District, either by name or office, the exercise of all the powers or the performance of all the duties vested in or conferred or imposed upon the said Chief Police Officer by this Act, or of such of the powers or duties aforesaid as he may specify in the notification;

(b) to any superior police officer, either by name or office, the exercise of all the powers or the performance of all the duties vested in or conferred or imposed upon the said Chief Police Officer and relating to the issue and renewal of any licence or arms permit under this Act.

58 PART V GENERAL-58. Fees.

The fees specified in the Second Schedule shall, until rescinded or altered under section 59, be charged in respect of the various matters and things enumerated in the said Schedule:

Provided that a Chief Police Officer or, in the case of licences issued by the Minister, the Minister, may exempt any person from the payment of any fee payable under this Act.

59 PART V GENERAL-59. Regulations.

The Minister may from time to time make regulations for any of the following purposes:

(a) to rescind, alter or add to any of the fees or forms prescribed by or under this Act;

(b) to regulate the importation, exportation, landing, transhipping, transportation, conveyance, manufacture, sale, and purchase of arms, ammunition and imitation arms;

(c) to provide for the marking of arms and ammunition for the possession of which a licence is issued;

(d) to regulate the manner in which applications for licences or permits shall be made and to provide for the taking and recording of photographs and finger and thumb prints of applicants for licences or permits;

(e) to regulate the conditions and restrictions on and subject to which licences and permits shall be granted, the grant of licences and permits generally (including the making of deposits or giving of secu

60 PART V GENERAL-60. Minister's powers to exempt.

The Minister may from time to time by notification in the Gazette and either absolutely or subject to such conditions as he may think fit, exempt any arms and ammunition, or classes of arms and ammunition, or persons, or class or description of persons, within Malaysia or any part of Malaysia, from the operation of all or any of the provisions of this Act, and may in like manner vary or rescind any exemption so notified.

61 PART V GENERAL-61. Repeal and saving.

(1) The Enactments and Ordinances set out in the first and second columns of the Third Schedule are hereby repealed to the extent specified in the third column of the said Schedule.

(2) Notwithstanding the repeal of the said Enactments and Ordinances, any rule or regulation made under the Arms Enactment of the Federated Malay States [Cap. 199] , and in force immediately before the 1st day of March 1962 shall, so far as it is not inconsistent with this Act, be deemed to have been made under the corresponding provisions of this Act, and shall continue in force until it has been revoked, amended or replaced by regulations made under this Act, and shall apply and have effect throughout Malaysia.