No person to manufacture illicit samsu
(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
(b) (Deleted by Act A711);
(c) whipping of not less than six 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 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].
No person to traffic in illicit samsu
(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
(1) No person shall have in his possession, custody or control illicit samsu otherwise than under the authorization of any written law.
(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.
*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].
Keeping, using or permitting use of premises for manufacture of illicit samsu
(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
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]
Owner, master or person in charge of ship or aircraft deemed to be trafficking in illicit samsu
(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.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
