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LAWS OF MALAYSIA
REPRINT
Act 289
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
First enacted … ... ... ... ... ... ... 1953 (F.M. Ordinance
No. 26 of 1953)
Revised … ... ... ... ... ... ... ... 1983 (Act 289 w.e.f.
18 August 1983)
PREVIOUS REPRINT
Act 289
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Nuisance
3A. Specific game need not be stated or proved
4. Offences relating to common gaming houses
4A. Assisting in carrying on a public lottery, etc.
4B. Offences relating to dealing in gaming machines
5. Advancing or furnishing money for establishing or conducting
6. Gaming in common gaming house
7. Gaming in public
8. Instigating, promoting, or facilitating gaming in public
9. Buying lottery ticket
10. Money paid recoverable
11. Presumption against person selling lottery tickets, etc.
12. Sales of lottery tickets void
13. Responsibility of employers and overseers
14. Arrest by employer
15. Power to enter on premises
15 A. Closure of premises
16. Search warrant against premises
16 A. Forfeiture of seized gaming machines
17. Search warrant against persons
18. Adam
Entry and search by Magistrate Haida
or senior & Co
police officer
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4 Laws of Malaysia ACT 289
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Section
Act 289
Short title
1. (1) This Act may be cited as the Common Gaming Houses Act
1953.
Interpretation
“place” means any house, office, room or building and any place
or spot, whether open or enclosed, and includes a ship, boat, or
other vessel, whether afloat or not, and any vehicle;
“Senior Police Officer” means any police officer not below the
rank of Inspector.
Nuisance
*NOTE—Previously “Imprisonment for a term not exceeding two years or to a fine not exceeding
twenty thousand ringgit or to both”–see the Common Gaming Houses (Amendment) Act 1990
[Act A755]. Adam Haida & Co
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10 Laws of Malaysia ACT 289
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(2) Any person who occupies or has the use temporarily of a
place which is kept or used by another person as a common gaming
house shall be presumed until the contrary is proved to have
permitted such place to be so kept or used.
Gaming in public
Interpretation
(3) A person shall not by reason only of the fact that he has
committed an offence punishable under section 7 be liable to be
convicted of an offence under this section.
*NOTE—Previously “Imprisonment for a term not exceeding two years or to a fine not exceeding
twenty thousand ringgit or to both”–see the Common Gaming Houses (Amendment) Act 1990
[Act A755]. Adam Haida & Co
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Common Gaming Houses 13
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Buying lottery ticket
9. (1) Any person who either personally or by an agent pays or
deposits any money or money’s worth to or with any person concerned
in the business of a common gaming house as a stake or for or
in respect of any event or contingency connected with a public
lottery or buys a lottery ticket shall be guilty of an offence and
shall, on conviction, be liable to a fine not exceeding *five thousand
ringgit or to imprisonment for a term not exceeding six months or
to both.
Closure of premises
(2) An order for the forfeiture or for the release of any gaming
machine seized in exercise of any power conferred under this Act
shall be made by the court before which the prosecution with
regard to it has been held and an order for the forfeiture of the
gaming machine shall be made if it is proved to the satisfaction
of the court that an offence under this Act has been committed and
that the gaming machine was the subject-matter of or was used in
the commission of the offence, notwithstanding that no person
may have been convicted of such offence.
False information
20. (1) If in the case of a place entered under this Act any passage
or staircase or means of access to any part thereof is unusually
narrow or steep or otherwise difficult to pass or any part of the
premises is provided with unusual or unusually numerous means
for preventing or obstructing an entry or with unusual contrivances
for enabling persons therein to see or ascertain the approach or
entry of persons or for giving the alarm or for facilitating escape
from the premises, it shall be presumed until the contrary is proved
that the place is a common gaming house and that the same is so
kept or used by the occupier thereof; and if notice as is next
hereinafter provided shall have been served on the owner of the
premises it shall further be presumed until the contrary is proved
that the place is so kept with the permission of the owner thereof.
(3) Every tenant receiving notice under this section shall forthwith
inform the owner or the person from whom he rents the premises
of the fact of receipt of such notice, who shall in like manner
inform the owner or the person from whom he rents the premises,
and so on till the notice is brought to the knowledge of the owner,
each tenant being responsible for bringing the notice to the knowledge
of his immediate lessor; and any tenant refusing or omitting to
make known to the owner or the person from whom he rents the
premises the fact that such notice has been received shall be guilty
of an offence and shall, on conviction, be liable to a fine not
exceeding five hundred ringgit.
Adam Haida & Co
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Common Gaming Houses 21
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Liability of office-bearers, etc.
21A. (1) Where a police officer not below the rank of Assistant
Superintendent is satisfied upon written information and after any
enquiry which he may think necessary that there is good reason
to believe that any premises or any part of any premises is being
used for the purpose of gaming, he may apply to the supply authority
or the licensee for the disconnection of the supply of energy to the
Adamone
premises for a period not exceeding Haida & Co month.
calendar
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22 Laws of Malaysia ACT 289
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(2) An application under subsection (1) shall be made under
and in accordance with the provisions of the Electricity Supply
Act 1990 or the Electricity Ordinance of Sarawak, as the case may
require.
Protection of informers
(3) If on the trial of any offence under this Act the Magistrate
after full enquiry into the case believes that the informer wilfully
made in his information a material statement which he knew or
believed to be false or did not believe to be true or if in any other
proceeding the court or Magistrate is of opinion that justice cannot
be fully done between the parties thereto without the discovery of
the informer, it shall be lawful for the court or Magistrate to
require the production of the original information and to permit
enquiry and require full disclosure concerning the informer.
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Protection of officers, etc.
22A. No action or prosecution shall be brought, instituted or
maintained in any court against—
(a) any officer duly authorized under this Act for or on
account of or in respect of any act ordered or done for
the purpose of carrying into effect this Act; and
(b) any supply authority or any licensee or any other person
for or on account of or in respect of any act done or
purported to be done by him under the order, direction
or instruction of any officer duly authorized under this
Act if the act was done in good faith and in a reasonable
belief that it was necessary for the purpose intended to
be served thereby.
24. (1) All offences against this Act shall be tried summarily by
a Magistrate.
(2) In any prosecution under this Act, the court may refer, for
the purposes of evidence, to the book “Gambling Games in Malaya”
by C. T. Dobree, and to any other published books or articles on
the subject of unlawful gaming which the court may consider to
be of authority on the subject to which they relate.
Reward to informer
26. The Magistrate may direct any fine or any portion of any fine
imposed under this Act to be paid to the informer.
Saving
27. Nothing in this Act contained shall affect any lottery authorized
or licensed under the provisions of the *Social and Welfare Services
Lotteries Board Act 1950–1962 [Act 252], or of the Lotteries Act
1952 [Act 288] or any sweepstake promoted by a racing club
established in Peninsular Malaysia on the result of a horse race and
any reference in this Act to gaming or to a lottery shall be deemed
not to include a reference to any form of gaming or to any lottery
so authorized or licensed.
repealed by the Social and Welfare Services Lotteries Adam Haida &ActCo
*NOTE—The Social and Welfare Services Lotteries Board Act 1950-1962 [Act 252] has since been
Board (Dissolution) 1991 [Act 470]–
see section 3 of Act 470. http://peguam.org
Common Gaming Houses 25
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Power to license promotion and organization of gaming by a
company
F IRST SCHEDULE
[Section 2]
BANKERS’ GAMES
(1) (2)
Game Appliances
10. DADU MUKA ENAM (a) A six-sided top with its facets
carved or marked with pips one
to six in number
(b) A saucer and a cup or similar
container
(c) A staking board marked to
correspond with the six facets of
Adam
the topHaida & Co
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Common Gaming Houses 29
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(1) (2)
Game Appliances
11. SEE KEE YAH or… … (a) Four ivory or bone tiles engraved
DAUN EMPAT with the figures 1, 2, 3 and 4
respectively
(b) A small box with sliding lid just
large enough to accommodate one
tile
(c) Sets of four cards marked to
correspond with the four tiles in
use
(1) (2)
Game Appliances
THIRD SCHEDULE
[Section 28]
No. Title
Act 289
LIST OF AMENDMENTS
Act 289
17 Act Adam
A577 Haida & Co 23-02-1990
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34 Laws of Malaysia ACT 289
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Section Amending authority In force from
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
Adam Haida & Co
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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