LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976

LAWS OF MALAYSIA REPRINT Act 165 LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976 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 Laws of Malaysia ACT 165 LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976 Date of Royal Assent … ... … Date of publication in the Gazette … 6 March 1976 … 11 March 1976 PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1998 2001 Law Reform (Eradication of Illicit Samsu) 3 LAWS OF MALAYSIA Act 165 LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, and application 2. Interpretation PART II PROSCRIPTION OF ILLICIT SAMSU 3. No person to manufacture illicit samsu 4. No person to traffic in illicit samsu 5. Possession of illicit samsu 6. Keeping, using or permitting use of premises for manufacture of illicit samsu 7. Possession of manufacturing apparatus 8. Owner, master or person in charge of ship or aircraft deemed to be trafficking in illicit samsu PART III POWERS OF SEARCH, SEIZURE AND ARREST 9. Search warrant 10. Circumstances for search without warrant 11. Inspection by senior officer 4 Laws of Malaysia ACT 165 Section 12. Obstruction of inspection, search or investigation of an offence 13. Indemnity of Government and public officer 14. Seizure and forfeiture of illicit samsu, etc. 15. Mode of seizure not to affect case adversely 16. Offences to be seizable 16A. No bail to be granted in respect of certain offences PART IV EVIDENTIARY AND TRIAL PROVISIONS 17. Burden of proof 18. Presumptions 19. Statement to be admissible in evidence 20. Evidence of agent provocateur admissible 21. Protection of informers 22. Sessions Court to have full jurisdiction 23. Conduct of prosecutions and other proceedings 24. When provisions relating to criminal procedure and evidence to apply PART V ADVISORY COMMITTEE 25. Appointment of Advisory Committee 26. Appointment of advisory sub-committees 27. Recommendations to Minister 28. Power to make regulations PART VI GENERAL PROVISIONS 29. Public servant 30. Exemptions Law Reform (Eradication of Illicit Samsu) 5 LAWS OF MALAYSIA Act 165 LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976 An Act to provide for the eradication of the manufacture, trafficking and consumption of illicit samsu and for purposes incidental thereto. [16 April 1976, P.U. (B) 206/76] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Law Reform (Eradication of Illicit Samsu) Act 1976. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “alcohol” means ethyl alcohol; “approved denatured alcohol” means any alcohol denatured in accordance with Part VIII of the Excise Regulations 1962 [L.N. 115 of 1962] and approved by the Director General of Customs and Excise for any specified purpose; “authorization” means any licence, permit or other form of authority issued under any written law; 6 Laws of Malaysia ACT 165 “deleterious substance” means any matter— (a) which is unfit for human consumption; or (b) the consumption of which is harmful to human beings, as certified by a Government chemist or a Government medical officer; “gallon” means the imperial gallon; “illicit samsu” means any intoxicating liquor which has been manufactured without authorization; “intoxicating liquor” includes any alcohol or any liquid of any description containing more than two per centum of proof spirit but does not include any approved denatured alcohol; “manufacture” with its grammatical variations and cognate expressions means, in relation to intoxicating liquor, making, producing, distilling, brewing, fermenting, bottling, and includes the addition of any substance (other than water) to such liquor and the blending, compounding or otherwise varying its composition; “manufacturing apparatus” means any still or part of a still for manufacturing illicit samsu or any utensil or other apparatus for such purpose; “proof spirit” means that mixture of alcohol and distilled water which at the temperature of fifty-one degrees Fahrenheit weighs exactly twelve-thirteenth parts of an equal measure of distilled water at the same temperature; “proper officer” means— (a) any police officer appointed under the Police Act 1967 [Act 344]; or (b) any officer of customs so defined in subsection 2(1) of the Customs Act 1967 [Act 235], and includes any senior officer; “senior officer” means— (a) any police officer of the rank of Inspector and above; or (b) any senior officer of customs so defined in subsection 2(1) of the Customs Act 1967; Law Reform (Eradication of Illicit Samsu) 7 “ship” means every description of vessel used in the navigation of water and includes any vessel exclusively propelled by oars, paddles or poles; “trafficking”, in relation to illicit samsu, includes the doing, even on one occasion only, of any of the following acts otherwise than under the authorization of any written law, that is to say, importing, exporting, selling, buying, receiving, keeping, concealing, storing, giving, carrying, transporting, sending, delivering, procuring, supplying or distributing. PART II PROSCRIPTION OF ILLICIT SAMSU No person to manufacture illicit samsu 3. (1) No person shall— (a) manufacture illicit samsu; (b) offer to manufacture illicit samsu; or (c) do or offer to do an act preparatory to or for the purpose of manufacturing illicit samsu. (2) Any person who contravenes any provision of subsection (1) commits an offence against this Act and shall, on conviction, be punished with— (a) *imprisonment for a term not exceeding ten years and not less than four years; and (b) **whipping of not less than two strokes. (3) Where the illicit samsu, if any, which is the subject matter of an offence under this section contains any deleterious substance, the offender shall be punished with— (a) †imprisonment for a term not exceeding twenty years and not less than seven years; and *NOTE—Previously “imprisonment for a term not exceeding five years and not less than two years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. **NOTE—Previously “a fine not exceeding twenty thousand ringgit”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. †NOTE—Previously “imprisonment for a term not exceeding ten years and not less than four years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. 8 Laws of Malaysia ACT 165 (b) (Deleted by Act A711); (c) whipping of not less than six strokes. No person to traffic in illicit samsu 4. (1) No person shall— (a) traffic in illicit samsu; (b) offer to traffic in illicit samsu; or (c) do or offer to do an act preparatory to or for the purpose of trafficking in illicit samsu. (2) Any person who contravenes any provision of subsection (1) commits an offence against this Act and shall, on conviction, be punished with— (a) *imprisonment for a term not exceeding ten years and not less than four years; and (b) **whipping of not less than two strokes. (3) Where the illicit samsu, if any, which is the subject matter of an offence under this section contains any deleterious substance, the offender shall be punished with— (a) †imprisonment for a term not exceeding twenty years and not less than seven years; and (b) (Deleted by Act A711); (c) whipping of not less than six strokes. Possession of illicit samsu 5. (1) No person shall have in his possession, custody or control illicit samsu otherwise than under the authorization of any written law. *NOTE—Previously “imprisonment for a term not exceeding five years and not less than two years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. **NOTE—Previously “a fine not exceeding twenty thousand ringgit”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. †NOTE—Previously “imprisonment for a term not exceeding ten years and not less than four years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. Law Reform (Eradication of Illicit Samsu) 9 (2) Any person who contravenes the provisions of subsection (1) commits an offence against this Act and shall on conviction, be punished with— (a) imprisonment for a term not exceeding ten years and not less than four years; and (b) whipping of not less than two strokes. (3) Where the illicit samsu, if any, which is the subject matter of an offence under this section contains any deleterious substance, the offender shall be punished with— (a) imprisonment for a term not exceeding twenty years and not less than seven years; and (b) whipping of not less than six strokes. Keeping, using or permitting use of premises for manufacture of illicit samsu 6. (1) Any person who being the owner or occupier of any premises keeps, uses or permits the use of the premises for the manufacture of illicit samsu commits an offence against this Act and shall, on conviction, be punished with— (a) *imprisonment for a term not exceeding ten years and not less than four years; and (b) †whipping of not less than two strokes. (2) In any prosecution for an offence under this section the onus of proving that the owner or occupier of the premises had no knowledge that the premises was being kept, used or permitted to be used for the manufacture of illicit samsu shall lie on the person seeking to avail himself of such defence. Possession of manufacturing apparatus 7. Any person who, without authorization, knowingly keeps or knowingly has in his possession any manufacturing apparatus commits an offence against this Act and shall, on conviction, be punished with— (a) *imprisonment for a term not exceeding ten years and not less than four years; and (b) †whipping of not less than two strokes. *NOTE—Previously “imprisonment for a term not exceeding five years and not less than two years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711]. †NOTE—Previously “a fine not exceeding twenty thousand ringgit”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act A1988 [Act A711] 10 Laws of Malaysia ACT 165 Owner, master or person in charge of ship or aircraft deemed to be trafficking in illicit samsu 8. (1) If any illicit samsu is found on board any ship or aircraft, the owner, master or person in charge of the ship or aircraft shall be deemed to be trafficking in such samsu contrary to section 4 unless he proves to the satisfaction of the court that he was not implicated in the trafficking and that the offence was committed without his knowledge, consent and connivance. (2) The finding of any illicit samsu on board any ship or aircraft shall be prima facie evidence that the ship or aircraft has been used in the trafficking of such samsu contrary to this Act and the ship or aircraft may be detained by order of court until the furnishing of sufficient security for its release. PART III POWERS OF SEARCH, SEIZURE AND ARREST Search warrant 9. (1) Whenever it appears to any Magistrate, upon written information on oath and after such inquiry as he deems necessary, that there is reasonable cause to believe that in any premises there is concealed, kept, deposited or stored any illicit samsu or manufacturing apparatus liable to forfeiture under this Act or as to which an offence under this Act has been committed, or any book or document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would be