"cattle"   includes bulls, cows, bullocks and buffaloes;

  "Chief Police Officer"   means the Chief Police Officer of a State;

  "horse"   includes mules, ponies and asses;

  "local force"   includes any force raised and maintained in the Federation under the provisions of any written law;

  "Minister"   means the Minister charged with responsibility for the police;

  "place of public resort"   means any place licensed under any written law in force in Malaysia relating to theatres and includes an amusement park;

  "public footway"  

3 ORDERS AS TO FIREWORKS-3. Restriction on letting off of fireworks.

(1) A Chief Police Officer or any officer authorised by him in writing by name or office (in this section referred to as an authorised officer) may issue orders, which shall be published in the Gazette , authorising the letting off of fireworks on certain fixed days, and at or between certain fixed hours, and within certain defined areas, and may in particular cases or at particular times issue to any person or body of persons licences for the letting off of fireworks.

(2) No such order or licence shall be deemed to authorise or permit the letting off of bombs or sand crackers.

(3) Every licence issued under this section shall state the place where and the hours between which the fireworks may be let off and the description of fireworks which may be used, and may contain such conditions as the Chief Police Officer or authorised officer may think fit to impose.

(4) No authority so published, or licence so issued, shall be

4 BURNING MATERIAL OR DISCHARGING FIREARMS-4. Burning material or discharging firearms.

Any person who without lawful excuse sets fire to or burns any material to the annoyance, inconvenience or danger of the public, or discharges any firearm or air-gun, or sends up any fire-balloon or rocket in or near any public road shall be liable to a fine not exceeding fifty ringgit.

5 ANIMALS-5. Mad, dangerous and wild animals.

(1) Every veterinary authority and every game warden and, in the absence of a veterinary authority or game warden, every police officer shall secure any animal reasonably suspected to be mad or dangerous, and any wild animal found at large in or near any public place under circumstances of danger to the public.

(2) If there is reasonable ground to believe that any such mad, dangerous or wild animal cannot be secured without risk of injury to the person of the veterinary authority, game warden or police officer attempting to secure the same, such veterinary authority, game warden or police officer may shoot or otherwise destroy such animals.

(3) In this section "veterinary authority" shall have the same meaning as in the Animals Ordinance, 1953, and "game warden" includes every person who has the powers of a game warden under any written law relating to wild animals for the time being in force in Malaysia or any part thereof.

6 ANIMALS-6. Dog running at persons, etc.

If it is proved to the satisfaction of a magistrate that any dog is in the habit of running at persons or at vehicles, horses, cattle, sheep, goats or pigs passing along a public road, the owner of such dog shall be liable to a fine not exceeding one hundred ringgit.

7 ANIMALS-7. Liability of dog owner.

(1) The owner of every dog which shall cause injury to any person shall be liable to a fine not exceeding fifty ringgit; and compensation for any such injury not exceeding one hundred ringgit shall be assessed by the magistrate and shall be recoverable in the manner provided by law for the recovery of fines before magistrates, in addition to any other fine imposed under this subsection, from the owner of the dog and shall be payable to the person injured.

[Subs. Act A15/1961]

(2) In any prosecution relating to any dog under subsection (1), it shall not be necessary to show a previous vicious propensity in such dog or the owner's knowledge of such previous propensity or that the injury was attributable to neglect on the part of such owner.

(3) The occupier of any house or premises where any dog was kept or permitted to live or remain at the time of causing any such injury as is referred to in subsection (1)

8 ANIMALS-8. Letting loose dog or other animal.

Any person who without lawful excuse sets on or urges any dog or other animal to attack, worry or put in fear any person or animal, shall be liable to a fine not exceeding one hundred ringgit.

9 ANIMALS-9. Animals damaging property.

Whoever being the owner or person in charge of any horse, cattle, sheep, goat or pig allows such animal to stray upon any public road or upon any public or private property shall be liable to a fine not exceeding one hundred ringgit in respect of each animal, and all damage done by such animal shall be assessed by a magistrate, and shall be recoverable in the manner provided by law for the recovery of fines before magistrates, together with any amount to be levied as fines, from the owner of the animal.

In the case of damage to private property the amount of damages recovered shall be paid to such person as the magistrate may direct.

10 ANIMALS-10. Animals led or driven on a public road at night.

(1) No horses, cattle, sheep, goats or pigs shall be led or driven on any public road between the hours of sunset and sunrise unless such animals are in charge of at least one adult person carrying a light visible within a reasonable distance both in the direction in which such animals are being led or driven and in the reverse direction.

(2) If any such animals are led or driven on any public road in contravention of the provisions of this section the owner and any person in charge of such animals shall be liable to a fine not exceeding one hundred ringgit.

11 ANIMALS-11. Miscellaneous offences.

Any person who:

(a) leads, drives or rides any horse, cattle, sheep, goat or pig on any public road in such a manner as not to have control over the same or in such a manner as to cause danger or obstruction to persons or traffic moving on the road;

(b) drives, rides or leads any elephant on any public road without the permission of the Chief Police Officer or of an officer authorised by him in writing by name or office;

(c) drives or rides any animal in a manner so rash or negligent as to indicate a want of due regard for the safety of others;

(d) being in charge of any horse, cattle, sheep, goat or pig in any public road or public place fails to take proper steps to keep such animals under proper control;

(e) exposes in any public road for show, hire or sale any horse or other animal or cleans or dresses any horse or other animal in such a manner as to i

12 NUISANCES-12. Offences in relation to public roads.

Any person who:

(a) without lawful authority or excuse lays any stone, brick or other article on any public road so as to cause an obstruction thereto or so as to make the use of the road less convenient;

(b) allows to remain on any public road any article which has fallen from any vehicle of which he is in charge;

(c) rides or drives any vehicle upon any public footway;

(d) causes or allows goods or other articles to rest on any public footway or other part of a public road or otherwise causes or allows such goods or other articles to create obstruction or inconvenience to the passage of the public for a longer time than may be absolutely necessary for loading or unloading such goods or other articles;

(e) flies any kite or plays at any game or does any act which unreasonably obstructs or interferes with the traffic in any public road, or the wires of any

13 NUISANCES-13. Excessive noise.

(1) Any person who:

(a) beats within the limits of any town or village between the hours of midnight and 6 a.m. or in any public road or public place at any hour, a drum or tom-tom, or blows a horn or trumpet, or beats or sounds any instrument or utensil in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity; or

(b) operates or causes or suffers to be operated any gramaphone or wireless loud speaker or pianola or other form of music mechanically or electrically produced in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity; or

(c) operates or causes or suffers to be operated in or near any public road or public place or in any shop, business premises, building or place which adjoins any public road or public place any gramaphone or wireless loud speaker or any other instrument whatsoever for the pr

14 NUISANCES-14. Insulting behaviour.

Any person who uses any indecent, threatening, abusive or insulting words, or behaves in a threatening or insulting manner, or posts up or affixes or exhibits any indecent, threatening, abusive or insulting written paper or drawing with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned, shall be liable to a fine not exceeding one hundred ringgit.

15 NUISANCES-15. Miscellaneous nuisances.

(1) Any person who:

(a) (Deleted by Act 40/67).

Bathing in public.

(b) bathes or washes himself, or any other person, animal or thing on any public road, or in or by the side of any public tank, reservoir, standpipe, watercourse or stream, the use of which for bathing has been forbidden by the Chief Police Officer or any other lawful authority;

Obstructing person bathing.

(c) obstructs or incommodes a person bathing at any place set apart as a bathing place by wilful intrusion, or by washing any animal at or near such place, or in any other way;

Spitting.

(d) spits in any coffee shop, eating house, school premises or public place or in any trolley-bus, omnibus, railway carriage or other public conveyance or in or near any public road:

Provided that nothing in this paragraph shall prohibit any person from spitting i

15A NUISANCES-15A. Offering, soliciting to offer, or loitering for the purpose of offering, services for profit or reward.

(1) Any person who in any Government office or in the office of any public authority, or in the vicinity thereof offers, or solicits to offer, or loiters for the purpose of offering, for profit or reward his services to any person having business in that office or any other office (whether or not the services so offered relate to the business) shall be guilty of an offence punishable with a fine not exceeding five hundred ringgit or with imprisonment for a term not exceeding six months or both:

Provided that the foregoing provisions shall not apply to:

(a) any person who is licensed under any written law or is otherwise authorized to act as a petition writer; and

(b) any officer in the office specifically appointed to advise the public on the business carried on in the said office.

(2) For the purpose of this section "Government office" includes the office of the Registrar of

16 MILITARY, POLICE AND MARINE-16. Unlawful possession of military, naval, air force or police.

[Am. L.N. 297/1959]

Any person who knowingly detains, buys, exchanges or receives from any person serving in the armed forces of Malaysia or in any local force or visiting force or from any member of the police force of Malaysia or of Singapore any accoutrements, clothing or other military, naval, air force or police stores or necessaries, or any other property belonging to the Government of the Malaysia or of Singapore or the Government of the country to which such visiting force belongs, or any medal for good conduct or for distinguished or other services, or who has in his possession or keeping any such accoutrements, clothing or other military, naval, air force or police stores or necessaries or other property or medal as above and does not give a satisfactory account how he came by the same shall be liable to a fine not exceeding fifty ringgit or to imprisonment for a term not exceeding six weeks or to both.

17 MILITARY, POLICE AND MARINE-17. Taking spirits, etc. into barracks and police stations.

[Am. L.N. 297/1959]

Any person who, not being a person serving in the armed forces of Malaysia or in any local force or visiting force or a member of the police force, takes or attempts to take into military barrack, guardroom or encampment, or on board or alongside any vessel-of-war belonging to or transport hired by the Government of Malaysia or of the country to which any visiting force belongs, or any vessel in the service of the Government of Malaysia or of any State in any port in Malaysia or into any police barrack, police station or lockup or into any public hospital or mental hospital any intoxicating liquor, drug or preparation, without the permission of the Commanding Officer or of the Chief Police Officer or of the person in charge of the public hospital or mental hospital, shall be liable to a fine not exceeding fifty ringgit or to imprisonment for a term not exceeding three months or to both, and such liquor

18 HOTELS AND PUBLIC HOUSES-18. Disorderly conduct in hotels, boarding-houses, etc.

(1) The keeper of any hotel, boarding-house, public house, common lodging house, eating house, coffee shop or other place of public entertainment or resort who permits drunkenness or other disorderly behaviour in such house or place, or permits prostitutes or persons of notoriously bad character to meet or remain for the purpose of soliciting or misbehaving therein, shall be liable to a fine not exceeding three hundred ringgit or in the case of a second or subsequent offence to a fine not exceeding five hundred ringgit.

(2) Whenever any person would be liable under the provisions of subsection (1) of this section to punishment for any act, omission, neglect or default, he shall be liable to the same punishment for every similar act, omission, neglect or default of any agent or servant employed by him in the course of his business as keeper of such hotel, boarding-house, public house, common lodging house, eating house, coffee shop or other plac

19 POUNDS-19. Public pounds to be provided.

[Am. L.N. 297/1959]

(1) Public pounds shall be provided and pound-keepers appointed at such places as the Menteri Besar or Chief Minister in the State may direct.

(2) Any person may and any police officer shall seize all horses, cattle, goats, sheep and pigs found picketed, tethered, or straying upon any public road or trespassing on any public or private property, and confine such animals in a public pound.

(3) Any animal so impounded may be redeemed by the owner thereof within ten days after being so impounded on payment to the pound-keeper of such fee as is fixed from time to time by the Ruler or Yang di-Pertua Negeri and published in the Gazette and of the expenses of feeding the same while impounded according to the rate to be fixed from time to time by the Chief Police Officer of the State.

(4) Any animal not so redeemed as aforesaid may be publicly sold by order of the Chief Police

20 OTHER OFFENCES-20. Corpses and dying persons.

Whoever deposits or causes to be deposited any dying person or any corpse in any public place or in any private place without the consent of the owner shall be liable to a fine not exceeding two hundred and fifty ringgit or to imprisonment for a term not exceeding six months or to both.

20A OTHER OFFENCES-20A. Disorderly conduct at public meetings.

(1) If a police officer reasonably suspects any person at a lawful public meeting of acting or inciting others to act in a manner likely to cause a breach of the peace or of persistently interrupting the proceedings at such meeting in a manner likely to prevent the transaction of the business for which such meeting was convened, he may, if so requested by the chairman of such meeting, require such person forthwith to leave the place where such meeting is being held until after the conclusion of the proceedings thereof.

(2) Any person who fails to comply with the requirement of a police officer made under subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding two months or to both.

21 OTHER OFFENCES-21. Drunkenness and disorderly behaviour in public places.

Any person who is found drunk and incapable of taking care of himself, or is guilty of any riotous, disorderly or indecent behaviour, or of persistently soliciting or importuning for immoral purposes in any public road or in any public place or place of public amusement or resort, or in the immediate vicinity of any Court or of any public office or police station or place of worship, shall be liable to a fine not exceeding twenty-five ringgit or to imprisonment for a term not exceeding fourteen days, and on a second or subsequent conviction to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding three months, or to both.

22 OTHER OFFENCES-22. Wilful trespass.

Whoever, without satisfactory excuse, wilfully trespass in or upon any dwelling-house or premises, or upon any land attached thereto, or upon any boat or vessel, or upon any land belonging to the Government of Malaysia or of any State or appropriated to any public purpose, not thereby in any of the above cases causing any actual damage, or not causing, in the opinion of the Magistrate, more than nominal damage, shall be liable to a fine not exceeding fifty ringgit.

23 OTHER OFFENCES-23. (Repealed by Ord. 43/58 w.e.f. 1.1.59.).

24 OTHER OFFENCES-24. Illegal drilling.

Any person, not being a member of the armed forces of Malaysia or of any local force or visiting force or of the police force of Malaysia, who:

[Am. L.N. 297/1959]

(a) is present at or attends any meeting or assembly of persons for the purpose of training or drilling themselves, or of being trained or drilled, to the military use of arms, or for the purpose of practicing military exercises or evolutions; or

(b) is present at or attends any such meeting or assembly for the purpose of training or drilling any other person or persons to the military use of arms or the practice of military exercises or evolutions; or

(c) trains or drills any other person or persons to the military use of arms or the practice of military exercises or evolutions or in any way aids or assists therein,

may be arrested by any police officer without warrant and sh

25 OTHER OFFENCES-25. Wearing unauthorised uniform.

Whoever wears without due permission the uniform appointed for the use of any of the armed forces of Malaysia or of any local force or visiting force or of the police force of Malaysia or of Singapore or of any Government or Local Authority or any dress having the appearance or bearing any of the regimental or other distinctive badges of such uniform or any colourable imitation thereof shall be liable on conviction to a fine not exceeding fifty ringgit, and any such uniform, dress, badge or mark may be forfeited:

Provided that nothing in this section shall affect the wearing of such uniform for the purpose of any theatrical performance.

25A OTHER OFFENCES-25A. Wearing, possessing or manufacturing of camouflage uniform.

(1) Any person, not being a member of the armed forces of Malaysia or of a visiting force, who wears any camouflage uniform or any part thereof or anything resembling a camouflage uniform or has in his possession, custody or control any camouflage cloth or camouflage uniform or any part thereof or anything resembling any camouflage cloth shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding six months or to both.

(2) Any person, without the written permission of the Minister, who makes, manufactures, sells, buys, imports or exports any camouflage cloth or any camouflage uniform or any part thereof or anything resembling camouflage uniform or camouflage cloth shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

26 OTHER OFFENCES-26. Unlawful use of boundary marks.

(1) Whoever unlawfully emplaces or erects or causes to be emplaced or erected any boundary mark to indicate or apparently to indicate a boundary of any land shall be liable to a fine not exceeding five hundred ringgit.

(2) In this section "boundary mark" includes a mark in the form of a board arrow or any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar, or any other survey mark.

27 IDLE AND DISORDERLY PERSONS-27. Unlicensed hawkers.

(a) Every hawker wandering abroad and trading without being duly licensed or otherwise authorised by law;

Prostitutes

(b) every prostitute behaving in a disorderly or indecent manner in or near any public road or in any place of public resort;

Beggars

(c) every person begging in a public place, or in a place to which the public are admitted without payment or on payment, or using in any such place conduct calculated to induce the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise), and having or able to have other lawful means of livelihood;

[Subs. Act 19/1965]

(d) every person resorting to begging within two years of having been an inmate in a Welfare home under the Destitute Persons Act 1977,

shall be deemed to be an id

27A IDLE AND DISORDERLY PERSONS-27A. Licensing of hawkers.

[Ins. Ord. 63/1958]

(1) The Ruler or Yang di-Pertua Negeri, as the case may be, may, make rules providing for the licensing of hawkers or of any class or classes of hawkers in any area in such State:

Provided that a hawker who is licensed or required to be licensed upon the payment of a fee under any other written law in force in such State shall not be required to be licensed under any rule made pursuant to the provisions of this subsection.

(2) The Ruler or Yang di-Pertua Negeri, as the case may be, may, by rules made under the provisions of this section, prescribe the fees which may be charged for any licence issued.

(3) Rules made under this section or any by-laws made by a local authority under any written law shall provide that a hawkers's licence shall not be granted to any person (otherwise than by way of renewal of a licence for the year immediately preceding or for the sale of fresh food

28 ROGUES AND VAGABONDS-28. Persons previously convicted under section 27.

(a) Any person committing any of the offences mentioned in section 27 of this Act, after having been previously convicted as an idle and disorderly person;

Fortune tellers.

(b) every person pretending or professing to tell fortunes, or using any subtle craft, means or device, by palmistry or otherwise, to deceive and impose upon any person;

Wanderers failing to give a good account of themselves.

(c) every person wandering abroad and lodging in any barn or out house, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any vehicle, not having any visible means of subsistence, and not giving a satisfactory account of himself;

Exposure of obscene or indecent prints, etc.

(d) every person wilfully exposing to view, in or near any public road or in any public place, any obscene print, picture o

29 GENERAL-29. Fraudulent possession of property.

(1) Any person who has in his possession or conveys in any manner anything which may be reasonably suspected of being stolen or fraudulently obtained shall, if he fails to account satisfactorily how he came by the same, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) If any person charged with having or conveying anything stolen or fraudulently obtained declares that he received the same from some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person, the Magistrate may cause every such other person, and also, if necessary, every former or pretended purchaser or other person through whose possession the same has passed, provided that such other person is alleged to have had possession of the same within the jurisdiction of such Magistrate, to be brought before him and examined, and may examine witnesses upon oath t

30 GENERAL-30. Destroying or disposing of certain goods and articles within ten.

(1) If any pawnbroker or any dealer in second-hand goods or any worker in platinum, gold or silver or any dealer in platinum, gold or silver articles, within ten days of receipt of any goods or any such metal or articles, or after receiving information from a police officer that any specified goods, metal or articles have been stolen or fraudulently obtained, melts, alters or defaces or parts with or otherwise puts away the same, or causes the same to be melted, altered or defaced or parted with or otherwise put away without the previous permission of the Chief Police Officer, and it is proved that such goods, melted or articles were stolen or fraudulently obtained, such pawnbroker, second-hand dealer, worker or dealer, shall be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding six months or to both:

Provided that, if the value of such goods, metal or articles does not exceed three hundred ringgit,

31 GENERAL-31. Arrest.

(1) Subject to the provisions of subsection (2), any police officer may arrest without warrant any person offending in his sight against any of the provisions of this Act, or reasonably suspected of committing any offence against this Act unless such person gives his name and address and satisfies such officer that he will duly answer any summons or other proceeding that may be taken against him.

[Am. Act 40/1967]

(2) Any animal, conveyance or article concerning, by or for which an offence has been or is reasonably believed to have been committed may be seized and taken to a pound or police station and there kept until the charge has been disposed of, unless sooner given up by order of a Magistrate or any police officer in charge of a police station or any police officer not below the rank of sergeant:

Provided that where any property so seized and detained is subject to speedy and natural decay or is in t

32 GENERAL-32. Power to compound offences.

The Inspector General of Police or any police officer not below the rank of Assistant Superintendent specially authorised in that behalf by the Minister by notification in the Gazette may in his discretion compound any offence punishable under sections 3, 6, 9, 10, 11 or 12 of this Act by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding twenty-five ringgit:

Provided that no offence punishable under section 9 of this Ordinance shall be compounded if any damage has been done by any animal mentioned in the said section.

33 GENERAL-33. Power of States to legislate on minor criminal matters.

(1) A Legislative Assembly may pass laws with reference to such minor criminal matters as the Yang di-Pertuan Agong may from time to time prescribe by order and may impose penalties thereunder for any breach thereof, provided that no such penalty shall exceed a fine of one hundred ringgit or imprisonment for a term of three months or both such fine and imprisonment (but so, however, that where provision is made for a penalty of imprisonment, then provision shall also be made for the alternative of a fine).

(2) The Yang di-Pertuan Agong may, from time to time, revoke or amend by order made under subsection (1) of this section.

34 GENERAL-34. Repeal.

(1) The Ordinance and Enactments set out in the First Schedule to this Ordinance are hereby repealed.

(2) (Repealed by Act 19/65).