Public Order (Preservation) Act 1958 Part IV — Offences relating to public order

Using offensive weapons, explosive, corrosive or inflammable substances

s 23

Any person who in any proclaimed area unlawfully and maliciously uses any offensive weapon or causes by any explosive substance an explosion of a nature likely to endanger life or cause serious injury to the person or to property or uses any corrosive or inflammable substance in a manner likely to endanger life or cause serious injury to the person or to property shall, whether any injury to person or property has actually been caused or not, be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years and shall also be liable to whipping. Consorting with person using offensive weapons, explosive, corrosive or inflammable substances

s 24

If any person consorts with or is found in the company of another person who is committing or attempting to commit or is doing any act preparatory to the commission of an offence under section 23 or who has recently committed or attempted to commit such an offence or done such an act the person shall if he so consorts or is so found in circumstances which raise a reasonable presumption that he intends or is about to actor has recently acted with such other person in any manner prejudicial to the naintenance or restoration of public order in any proclaimed are be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding seven years and shall be liable to whipping. Carrying, etc., offensive weapons, explosive, corrosive or inflammable substances in a proclaimed area

s 25

(1) Any person who in any public place in any proclaimed area carries or has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance shall, unless the person proves that he carried the weapon, article or substance or had it in his possession or under his control solely for some lawful purpose shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and shall be liable to whipping. (2) Any person who in any place in a proclaimed area, other than a public place, has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance in circumstances which raise a reasonable presumption that the weapon or substance is intended to be used for a purpose prejudicial to the maintenance or restoration of public order shall unless he shall prove that he had the weapon or substance in his possession solely for a lawful purpose be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years and shall be liable to whipping. Presumption

s 26

(1) Where any offensive weapon or any explosive, corrosive or inflammable substance is found in or on any premises the occupier of the premises shall be deemed to be in possession of the weapon or substance unless he shall prove that some other person was in possession thereof or that he had no knowledge or reasonable means of knowledge that the weapon or substance was in or on the premises, and that he had taken all reasonable precautions against the weapon or substance being kept in or on (2) In any prosecution under subsection 25(2) it shall be presumed until the contrary be proved that any weapon or substance was intended to be used for a purpose prejudicial to the maintenance or restoration of public order if- (a) the number of weapons or the quantity of the substance found exceeded the quantity reasonably required to be kept by the accused for ordinary use and consumption in his household or establishment and (in the case of a person carrying on business) exceeded the quantity reasonably required to be kept in the ordinary course of his business; (b) the weapons or substance were kept concealed or in a place other than that in which they might reasonably be expected to be kept for domestic or in the case of a person carrying on business for business purposes; or (c) the substances were kept in containers other than containers of a kind in which such substances are ordinarily kept for domestic or in the case of a person carrying on business, for business purposes. Penalty for certain offences

s 27

If any person contravenes or fails to comply with any provision of this Act or any order or direction made or given or requirement liable to imprisonment for a term of six months or to a fine of five hundred ringgit or to both. Enhanced penalty for certain offences committed in a proclaimed area

s 28

Any person who in a proclaimed area commits, attempts to commit or in any place in Malaysia abets the commission in : oroclaimed area of any of the offences for the time being specifiec in the Third Schedule shall be liable on conviction for the offence, attempt or abetment to imprisonment for a term which may extend to twice the longest term provided for the offence, attempt or abetment, as the case may be, or to such fine as is provided therefor or to both.

Provoking a breach of the peace

s 29

Any person who in any place in a proclaimed area uses any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years. Offences in relation to maintenance of public order in a proclaimed area

s 30

If any person shall in any place in Malaysia during any period in which a proclamation under section 3 is in force in respect of any area in Malaysia do any act or utter any words or print, publish, sell, offer for sale, distribute or reproduce for distribution or import, or have in his possession any document containing any matter which- (a) is likely to be prejudicial to the maintenance or restoration of public order in the proclaimed area or in any other part of Malaysia; (b) counsels or is likely to lead to disobedience to the law of Malaysia or to any lawful order made thereunder or to the obstruction of public officers in the execution of their duty to restore or maintain public order; (c) incites or is likely to cause unlawful violence or to promote feelings of ill-will or hostility between different races or classes of the population of Malaysia; or (d) is likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of his duty or against any class of public servants or against any armed force lawfully in Malaysia or any member of any such force in the execution of his duty, he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years. Saving

s 31

Except as provided by section 28 notbing in this Part shall affect any other law relating to criminal offences provided that no person shall be punished twice for the same offence.