Power to prohibit the manufacture, possession or importation of specially dangerous explosives
(1) Notwithstanding anything in this Act, the Minister may, from time to time, by notification in the Gazette—
(a) prohibit either absolutely or subject to conditions the manufacture, possession or import of any explosive which is used so as to cause danger or annoyance to the public
or which is of so dangerous a character that in the opinion of the Minister it is expedient for the public safety to issue the notification; and
(b) rescind or vary any notification made under this section.
(2) Any person manufacturing, possessing or importing any explosive in contravention of a notification issued under this section shall, on conviction, be liable to imprisonment for five years, or to a fine of ten thousand ringgit, or to both.
(3) If any vehicle, vessel or aircraft is used for the import of any explosive in contravention of a notification under this section or for the receipt or storage of any explosive imported in contravention of any such notification—
(a) the owner, master or captain thereof shall, on conviction, be liable to a fine of ten thousand ringgit unless it is proved to the satisfaction of the court that the said owner, master or captain was not implicated in the placing of the explosive on board the vehicle, vessel or aircraft and that the offence in question was committed without his knowledge, consent, or connivance; and
(b) the vehicle, vessel or aircraft may be detained by order of the court until security has been given for such sum as the court orders, not exceeding ten thousand ringgit.
(4) The finding of any explosive which is subject to a prohibition under this section in or on board any vehicle, vessel or aircraft shall be prima facie evidence that the vehicle, vessel or aircraft has been used for the import of the explosive contrary to this Act or for the receipt or storage of explosive imported contrary thereto.
(5) For the purposes of this section the expression “master” includes every person, except the pilot, having command or charge of a vessel.
*NOTE—All references to “West Malaysia” shall be construed as references to “Peninsular Malaysia”– see Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).
Dangerous acts
Any person found committing wilfully or negligently any act which tends to cause explosion or fire in or about any factory, magazine, hulk, vehicle, vessel, aircraft, storehouse, or shop or other premises containing explosives, shall, on conviction, be liable to imprisonment for five years, or to a fine of ten thousand ringgit, or to both.
Penalty for causing explosion likely to endanger life or property
Any person who unlawfully and maliciously causes by any explosive an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be liable, on conviction, to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both.
Penalty for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property
Any person who unlawfully and maliciously—
(a) does any act with intent to cause by any explosive, or conspires to cause by any explosive, an explosion of a nature likely to endanger life or to cause serious injury to property; or
(b) makes or has in his possession or under his control any explosive with intent by means thereof to endanger life, or cause serious injury to property or to enable any other person by means thereof to endanger life or cause serious injury to property,
shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be liable, on conviction, to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both.
Penalty for making or possessing explosives under suspicious circumstances
Any person who makes or knowingly has in his possession or under his control any explosive, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be liable, on conviction, to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both.
Search for explosives under warrant
(1) A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon written information on oath and after any enquiry which he may think necessary that—
(a) any person residing within the limits of his jurisdiction—
(i) has in his possession any explosive without a licence therefor or in contravention of the conditions upon which any licence therefor was issued; or
(ii) has in his possession any explosive whereof he cannot be left in possession without danger to the public peace; or
(b) any explosive is in or on any house, premises or other building or place or any vehicle, vessel or aircraft,
may by warrant authorize any person therein named or any police officer with such assistance and by such force as may be necessary by night or by day—
(A) to enter or board and search any house, premises or other buildings or place or any vehicle, vessel or aircraft specified in the warrant and to search all persons found therein or thereon;
(B) to seize and detain any explosive found as a result of the search; and
(C) to arrest any person found in or on the house, premises or other building or place or the vehicle, vessel or aircraft whom the officer has reasonable grounds for suspecting to be about to commit or to be committing or to have committed any offence against this Act.
(2) Whoever, upon a search being made under this section, having in his possession or custody any explosive or knowing where any explosive is concealed, refuses to produce or point out the same to the person making the search, or intentionally conceals the same, shall, on conviction, be liable to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both.
Search warrant against persons
A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon information on oath and after any enquiry which he may think necessary that there is good reason to believe that any explosive is likely to be found on any person may by warrant under his hand order any police officer to arrest and search the person, or may by warrant under his hand order any person therein named to arrest the person and to take him forthwith before any Magistrate, senior police officer or Officer in Charge of a Police District, who shall thereupon cause such person to be searched in his presence and if any explosive is found upon his person he shall be taken before a Magistrate to be dealt with according to law.
Entry and search by Magistrate, etc.
(1) A Magistrate, a senior police officer or an Officer in Charge of a Police District may himself do what he may, under sections 9 and 10, authorize a police officer to do whenever the Magistrate or senior police officer or Officer in Charge of a Police District is competent to issue a warrant under the said sections respectively and also in any of the following cases, that is to say—
(a) if he has personal knowledge of the facts and circumstances as satisfy him that there are sufficient grounds for a search under the said sections respectively; or
(b) if he receives the required information orally and either on oath or not on oath under such circumstances that the object of a search would, in his opinion, be defeated by the delay necessary for reducing the information to writing: provided that in this last case the name and address of the person giving the information are known to or ascertained by the Magistrate, or senior police officer or Officer in Charge of a Police District, before he acts upon the information.
(2) Whoever in giving such oral information makes a statement which he knows or believes to be false or does not believe to be true shall, on conviction, be liable to imprisonment for twelve months, or a fine not exceeding five hundred ringgit, or to both.
Power to stop and search for explosive in the street
It shall be lawful for any police officer to stop and to search for explosive any person whom he may find in any street or other public place at any hour of the day or night who acts in a suspicious manner or whom he may have reasonable grounds to suspect of having any explosive in his possession.
Entry on place where explosive is used
Any police officer may enter and remain on any land or premises other than a dwelling-house at and for such time as may be reasonably necessary to enable him to ascertain whether a person carrying or using any explosive on the land or premises has a licence in that behalf.
Production of licence and accounting for explosives
(1) Any senior police officer or any Officer in Charge of a Police District may, for reasons to be first recorded by him, authorize by name in writing any police officer not below the rank of corporal to require any person or the persons living in any locality within his jurisdiction to produce his or their licence or licences and to produce or account for the explosives described therein.
(2) Any person who fails to account satisfactorily to an officer authorized by or under this section for any explosives described in any licence issued to him during the period for which the licence is in force or after its expiry, suspension, or cancellation, shall, on conviction, be liable to a fine of five hundred ringgit.
(3) Any explosive produced to or discovered by a police officer in any State under this section may, if the Chief Police Officer, for reasons of public safety to be duly recorded by him, so directs, be detained by the police for any period not exceeding one month:
Provided that no explosives shall be detained under this section contrary to the orders of the Minister.
(4) Any power which a senior police officer or an Officer in Charge of a Police District is by this section empowered to authorize to be exercised by a police officer not below the rank of corporal may be exercised in person by a senior police officer or by an Officer in Charge of a Police District.
Arrest without warrant
(1) Any person found committing any act punishable under this Act or any regulations made thereunder which tends to cause or may cause explosion or fire in or about any place where any explosive is manufactured or stored, or in or about any railway, port or aerodrome, or any vehicle, vessel or aircraft, may be arrested without warrant by—
(a) a police officer;
(b) the occupier of that place, or the agent or servant of, or other person authorized by, such occupier; or
(c) an agent or servant of, or other person authorized by—
(i) the General Manager of the Malayan Railway or the Sabah Railway;
(ii) the Director of Civil Aviation; or
(iii) the Director of Marine,
and may be detained in custody.
(2) If any person is apprehended by a person who is not a police officer, he shall be forthwith taken to the nearest police station or handed over to a police officer.
(3) Any police officer may arrest without warrant and detain in custody any person found carrying or conveying any explosive in such a manner or in such circumstances as to afford reasonable grounds for suspicion that the same may be used for any unlawful purpose dangerous to the public peace.
(4) Every person arrested by virtue of any power given by this section shall, together with any explosives or any other article as to which any offence may have been committed or attempted to be committed, be taken to a police station and conveyed as soon as conveniently may be before a Sessions Court or the Court of a Magistrate to be dealt with according to law.
Abetment and attempt
Whoever abets the commission of any offence punishable under this Act or any regulations made thereunder, or attempts to commit any such offence, and in that attempt does any act towards the commission of the same, shall be liable to the same penalty as if he had committed the offence.
Forfeiture of explosives
Whenever a person is convicted of an offence punishable under this Act or the regulations made thereunder, the court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.
Seizure and sale of vessels
Where the owner of a vehicle, the owner or master of a vessel or the captain of an aircraft is convicted of an offence under this Act and ordered to pay a fine relating to that vehicle, vessel or aircraft, the court may, in addition to any other power which it may have for the purpose of compelling payment of the fine, direct that the vehicle, vessel or aircraft be detained until the payment thereof and in default of payment within the time directed the court may order the fine to be levied by sale of said vehicle, vessel or aircraft or by such other means as the court shall direct.
Rewards to informers
In case of a conviction under any section of this Act, or for breach of any regulations made thereunder, involving a fine, it shall be lawful for the court inflicting the fine to direct on the application of the prosecution that any part, not exceeding onehalf thereof, shall be paid to any person who has, or divided in such proportions as the court may order amongst any persons who have, given the information to the police as has led to the conviction of the offender or offenders.
Liability of principal for offences committed by agent, etc.
(1) Whenever under this Act any person mentioned in any licence issued thereunder is declared liable to any punishment, penalty or forfeiture for any act committed by him—
(a) he shall be liable to the same punishment, penalty or forfeiture for every similar act committed by any agent or servant employed by him in or about any premises licensed under this Act; and
(b) every agent or servant employed by him shall also be liable to every punishment, penalty or forfeiture prescribed for offences against this Act or any regulations made thereunder as fully and effectually as if the agent or servant had been the person mentioned in the licence.
(2) Every person employed in or about any premises licensed under this Act shall be deemed to have been so employed by the person mentioned in the licence unless and until the contrary be proved.
Where licensee under disability
If a person licensed to manufacture, possess, use, sell, store, transport, import or export explosives dies or becomes insolvent or bankrupt or mentally disordered or otherwise under disability, the person carrying on the business of the licensee shall not be liable to any penalty or forfeiture for acting under the licence during such reasonable time as may be necessary to allow him to make application for a new licence, and that person shall be deemed to be the holder of the licence for all purposes under this Act and to be liable in the same way as if he were the original holder thereof until a new licence is granted or refused.
Presumptions
(1) Every person who is proved to have had in his possession or under his control anything whatever containing any explosive shall, until the contrary is proved, be deemed to have been in possession of the explosive.
(2) The occupier of any house or premises in which any explosive is found shall be deemed, until the contrary is proved, to be the possessor of the explosive for the purposes of this Act.
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).
