MINOR OFFENCES ACT 1955

Minor Offences LAWS OF MALAYSIA REPRINT Act 336 MINOR OFFENCES ACT 1955 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 MINOR OFFENCES ACT 1955 First enacted ... ... ... … … 1955 (F.M. Ordinance No. 3 of 1955) Revised … … ... … … 1987 (Act 336 w.e.f. 31 October 1987) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2000 3 LAWS OF MALAYSIA Act 336 MINOR OFFENCES ACT 1955 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation ORDERS AS TO FIREWORKS 3. Restriction on letting off of fireworks BURNING MATERIAL OR DISCHARGING FIREARMS 4. Burning material or discharging firearms ANIMALS 5. Mad, dangerous and wild animals 6. Dog running at persons, etc. 7. Liability of dog owner 8. Letting loose dog or other animal 9. Animals damaging property 10. Animals led or driven on a public road at night 11. Miscellaneous offences 4 Laws of Malaysia ACT 336 NUISANCES Section 12. Offences in relation to public roads 13. Excessive noise 14. Insulting behaviour 15. Miscellaneous nuisances 15A. Offering, soliciting to offer, or loitering for the purpose of offering, services for profit or reward MILITARY, POLICE AND MARINE 16. Unlawful possession of military, naval, air force or police stores 17. Taking spirits, etc., into barracks and police stations HOTELS AND PUBLIC HOUSES 18. Disorderly conduct in hotels, boarding-houses, etc. POUNDS 19. Public pounds to be provided OTHER OFFENCES 20. Corpses and dying persons 20A. Disorderly conduct at public meetings 21. Drunkenness and disorderly behaviour in public places 22. Wilful trespass 23. (Deleted) 24. Illegal drilling 25. Wearing unauthorized uniform 25A. Wearing, possessing or manufacturing of camouflage uniform 26. Unlawful use of boundary marks IDLE AND DISORDERLY PERSONS 27. Unlicensed hawkers 27A. Licensing of hawkers Minor Offences 5 ROGUES AND VAGABONDS Section 28. Persons previously convicted under section 27 FRAUDULENT POSSESSION OF PROPERTY 29. Fraudulent possession of property 30. Destroying or disposing of certain goods and articles within ten days of receipt GENERAL 31. Arrest 32. Power to compound offences 33. Power of States to legislate on minor criminal matters 34. Repeal FIRST SCHEDULE SECOND SCHEDULE 6 Laws of Malaysia ACT 336 Minor Offences 7 LAWS OF MALAYSIA Act 336 MINOR OFFENCES ACT 1955 An Act relating to minor offences. [Section 33—3 March 1955; Remainder—1 September 1955; Malacca—1 July 1955, L.N. 311/1955] Short title and application 1. (1) This Act may be cited as the Minor Offences Act 1955. (2) This Act shall apply to Peninsular Malaysia only. Interpretation 2. (1) In this Act unless the context otherwise requires— “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 Malaysia under the provisions of any written law; “Minister” means the Minister charged with responsibility for the police; 8 Laws of Malaysia ACT 336 “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” means any footway made or set apart for the use or accommodation of foot passengers over which the public have a right of way; “public road” includes every road, street, bridge, passage, footway or square over which the public have a right of way; and the expression “in or near any public road” includes all places in the public road and all places within ten yards of it not being effectually separated from and hidden from the road by a wall or otherwise; “vehicle” includes any vehicle whether mechanically propelled or otherwise; “visiting force” means any visiting force lawfully present in Malaysia under any written law for the time being in force relating to visiting forces; “Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory of Kuala Lumpur. (2) The arcade of any house, where such arcade abuts on any street, notwithstanding any rights of property in the owner of such house, shall, for the purposes of this Act, be deemed to be a public footway. ORDERS AS TO FIREWORKS Restriction on letting off of fireworks 3. (1) A Chief Police Officer or any officer authorized by him in writing by name or office (in this section referred to as an “authorized officer”) may issue orders, which shall be published in the Gazette, authorizing 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 authorize or permit the letting off of bombs or sand crackers. Minor Offences 9 (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 authorized officer may think fit to impose. (4) No authority so published, or licence so issued, shall be held to relieve any person from liability in the event of any damage, loss or injury to person or property being caused by the letting off of such fireworks. (5) Any person who lets off any firework, except in accordance with the terms of an order or a licence issued under this section, shall be liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding one month or to both. BURNING MATERIAL OR DISCHARGING FIREARMS Burning material or discharging firearms 4. 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 airgun, or sends up any fire balloon or rocket in or near any public road shall be liable to a fine not exceeding fifty ringgit. ANIMALS Mad, dangerous and wild animals 5. (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. 10 Laws of Malaysia ACT 336 (3) In this section “veterinary authority” shall have the same meaning as in the Animals Act 1953 [Act 647], 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. Dog running at persons, etc. 6. 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. Liability of dog owner 7. (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. (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) shall be deemed to be the owner of such dog and shall be liable as such unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed and that such dog was kept or permitted to live or remain in the said house or premises without his sanction or knowledge: Provided that where there are more occupiers than one in any house or premises let in separate apartments or lodgings or otherwise, the occupier of that particular part of the premises in which such dog shall have been kept or permitted to live or remain at the time of such injury shall be deemed to be the owner of such dog. Minor Offences 11 (4) No compensation shall be payable to any person under this section in respect of injury sustained in any house or premises except upon proof that he entered such house or premises in the ordinary course of his duties or with the express or implied permission of the occupier. (5) No criminal liability shall arise under this section in respect of any injury sustained by any person in any house or premises unless such person has entered such house or premises in the ordinary course of his duties or with the express or implied permission of the occupier. (6) The owner shall not be liable under this section for any injury sustained by any person where such injury was attributable to any wrongful act of such person. Letting loose dog or other animal 8. 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. Animals damaging property 9. 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. Animals led or driven on a public road at night 10. (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. 12 Laws of Malaysia ACT 336 (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. Miscellaneous offences 11. 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 authorized by him in writing by name or office; (c) drives