ANTI-PERSONNEL MINES CONVENTION IMPLEMENTATION ACT 2000

LAWS OF MALAYSIA REPRINT Act 603 ANTI-PERSONNEL MINES CONVENTION IMPLEMENTATION ACT 2000 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 2 ANTI-PERSONNEL MINES CONVENTION IMPLEMENTATION ACT 2000 Dated of Royal Assent … … … Date of publication in the Gazette … … 30 May 2000 … … 15 June 2000 ... 2001 PREVIOUS REPRINT First Reprint ... ... ... ... 3 LAWS OF MALAYSIA Act 603 ANTI-PERSONNEL MINES CONVENTION IMPLEMENTATION ACT 2000 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Prohibitions 4. Exceptions 5. Delivery for destruction 6. Mined areas to be marked 7. Destruction of mines 8. Authorization by Minister 9. Disclosure of information 10. Issuance of certificate 11. Production of certificate on inspection 12. Power to inspect 13. Fact-finders may be accompanied 14. Issuance of search warrant 15. Search and inspection without warrant 16. Import and export of equipment 17. Confidentiality of information obtained 18. False statement, obstruction 19. General offence 20. General penalty 21. Forfeiture 22. Delegation by Minister 23. Protection of officers and other persons 24. Regulations 4 Laws of Malaysia ACT 603 Anti-Personnel Mines Convention Implementation LAWS OF MALAYSIA 5 Act 603 ANTI-PERSONNEL MINES CONVENTION IMPLEMENTATION ACT 2000 An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction; and for other matters connected therewith. [1 October 1999] WHEREAS according to Article 17 of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction— “1. This Convention shall enter into force on the first day of the sixth month after the month in which the 40th instrument of ratification, acceptance, approval or accession has been deposited. 2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the 40th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.”: AND WHEREAS the said 40th instrument of ratification was so deposited by Burkina Faso on the sixteenth day of September 1998 and the Convention therefore entered into force on the first day of March 1999: AND WHEREAS Malaysia deposited her instrument of accession on the twenty-second day of April 1999 and therefore in accordance with the said Article 17 the Convention entered into force as far as Malaysia is concerned on the first day of October 1999: 6 Laws of Malaysia ACT 603 NOW, THEREFORE, IT IS ENACTED by the Parliament of Malaysia as follows: Short title 1. This Act may be cited as the Anti-Personnel Mines Convention Implementation Act 2000. Interpretation 2. In this Act, unless the context otherwise requires- “anti-handling device” means a device intended to protect a mine and that is part of, linked to, attached to or placed under the mine and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine; “anti-personnel mine” means a mine that is designed to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons; but a mine that is designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that is equipped with anti-handling devices, is not considered to be an anti-personnel mine as a result of being so equipped; “Convention” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction that entered into force on the first day of March 1999, and includes any amendments to the Convention ratified, accepted, approved or acceded to and entered into force for Malaysia; “mine” means a munition designed to be placed under, in, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle; “mined area” means an area which is dangerous due to the presence or suspected presence of mines; “Minister”, unless otherwise expressly stated, means the Minister charged with the responsibility for defence; Anti-Personnel Mines Convention 7 Implementation “transfer”, in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines into or from Malaysia, the transfer of title to and control over anti-personnel mines, but does not include the transfer of any territory containing emplaced anti-personnel mines. Prohibitions 3. (1) Notwithstanding the provisions of any other written law and subject to section 4, no person shall— (a) place an anti-personnel mine under, in, on or near the ground or other surface area with the intent to cause the explosion of the anti-personnel mine; (b) develop, produce or otherwise acquire, stockpile, retain, possess or transfer to anyone, directly or indirectly, antipersonnel mines; or (c) assist, encourage or induce, in any way, any person to engage in any activity prohibited by this Act. (2) Except as authorized by the Minister and subject to compliance with other written laws relating to import and export, no person shall import or export anti-personnel mines. Exceptions 4. Section 3 does not prohibit— (a) the placement, acquisition, possession or transfer of a number of anti-personnel mines, as authorized under section 8, for the development of, and training in, mine detection, mine clearance or mine destruction techniques; (b) the acquisition, possession or transfer of anti-personnel mines in the course of duties or employment for the purpose of rendering the mines harmless or for their destruction; (c) the acquisition, possession or transfer of an anti-personnel mine that has been deactivated by— (i) removing all explosive substances, including the priming charge, booster charge and main charge, from the anti-personnel mine, including from any fuse, percussion cap or detonator; and 8 Laws of Malaysia ACT 603 (ii) removing or destroying the anti-personnel mine’s priming or detonating mechanism or rendering the mechanism inoperable in such a way that its function cannot readily be restored; or (d) participating in operations, exercises or other military activities with the armed forces of a country that is not a party to the Convention that engage in an activity prohibited under section 3, if that participation does not amount to active assistance or involvement in that prohibited activity. Delivery for destruction 5. Every person who possesses an anti-personnel mine that the person is prohibited by section 3 from possessing shall, without delay, deliver it for destruction to such person as may be designated by the Minister. Mined areas to be marked 6. Where an area is identified as a mined area or is suspected to be a mined area, the Minister shall, wherever possible, ensure that such area is perimeter-marked and protected by fencing or otherwise employ such means as are necessary so as to notify civilians of the presence of anti-personnel mines. Destruction of mines 7. Subject to section 8, the Minister shall ensure the destruction of— (a) all stockpiled anti-personnel mines; (b) any anti-personnel mines delivered under section 5 for destruction; and (c) all anti-personnel mines in mined areas in Malaysia. Authorization by Minister 8. The Minister may authorize such number of anti-personnel mines to be placed, acquired, retained, possessed, or transferred by any person designated by the Minister for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for those purposes. Anti-Personnel Mines Convention Implementation Disclosure of information 9 9. (1) The Minister may, at any time by notice in writing, require any person whom the Minister has reasonable grounds to believe has information or documents relevant to the administration or enforcement of this Act, or information that Malaysia is required by Article 7 of the Convention to report to the Secretary-General of the United Nations, to furnish all the necessary information and documents to the Minister, or to such person as may be designated by the Minister, within such time as may be specified in the notice. (2) Any person who fails to comply with a notice given to him under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. Issuance of certificate 10. If a fact-finding mission to Malaysia is authorized under Article 8 of the Convention, or if the Minister invites a factfinding mission to Malaysia, the Minister charged with the responsibility for foreign affairs shall issue to every member of the fact finding mission a certificate— (a) identifying the member by name, and indicating the member’s status and authority to conduct a fact-finding mission in Malaysia; (b) stating that the member enjoys such privileges and immunities as are accorded to missions of the United Nations under the laws of Malaysia; and (c) setting out such other information and any conditions applicable to the member’s fact-finding activities in Malaysia as the Minister may impose. Production of certificate on inspection 11. Every member of a fact-finding mission who wishes to inspect a place in Malaysia shall produce the certificate issued under section 10 to any person in charge of or residing in or having control of the installation, facility or place to be inspected. 10 Laws of Malaysia ACT 603 Power to inspect 12. (1) Subject to the provisions of this Act, a member of the fact-finding mission may, at any reasonable time and consistent with the provisions of Article 8 of the Convention, enter and inspect— (a) any installation or facility that has or may have the capacity to develop, produce or stockpile anti-personnel mines or anti-personnel mine components; or (b) any other place, with the consent of the person in charge of or residing in or having control of the installation, facility or place, if the member has reasonable grounds to believe that any information, document or other thing that is relevant to compliance with the Convention may be found in that installation, facility or place. (2) The power of entry to and inspection of sensitive equipment, information and areas shall be subject to such conditions and restrictions as the Minister may think fit to impose. Fact-finders may be accompanied 13. (1) The Minister may direct that members of a fact-finding mission be accompanied by officers of the Royal Malaysia Police or members of the Armed Forces of Malaysia or both, or any other person the Minister thinks necessary in order to facilitate the conduct of an investigation. (2) Except as provided in subsection 12(2), any person in charge of or residing in or having control of the installation, facility or place to be inspected under section 12 shall— (a) provide members of the fact-finding mission and accompanying persons access to any area, container or thing in the installation, facility or place; (b) permit members of the fact-finding mission and accompanying persons to examine any thing in the installation, facility or place; (c) permit members of the fact-finding mission and accompanying persons to interview any person in the installation, facility or place; and Anti-Personnel Mines Convention 11 Implementation (d) permit members