Films (Censorship) Act 1952

The Yang di-Pertuah Agong may appoint such Deputy and Assistant Censors of Cinematograph Flms and Such

Inspectors of Cinematograph Films as he may think fit.

The Board shall be provided with a Secretary and such clerical and other assistance as may be required.

The Board a ment ot officers.

Quorum and 3A. (1) (omitted).

The quorum at all meetings of the Board shall be two in addition to the Chairtman.

The Chairman shall have a casting vote in addition procedure of the

Board.

to his deliberative vote.

Subject to this Act,|the Board shall regulate its own procedure.

to refuse to authorize the exhibition of a film in

Malaysia, and

to approve the exhibition in Malaysia of any film

With alterationsor excisions, unless the written consent of the owner to those alterations or excisions has first been obtained

Provided that no such delegation shall debar the Board from the exercise of any power or the performance of any duty so delegated.

Delegation of powers and duties.

Suby ct AS-a1+

Save that the mark to be affixed to any film author1

Ing the exhibition of the film in Malaysia shall be signed by the Chairman of the Board, it shall be lawful for all decisions of the Board or of any person to whom any power or duty has been delegated by the Board to be signified under the hand of the Secretary of the Board and every decision so signified shall be deemed to be a decision of the

Board.

Any person who omits to deposit the film shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding éné thousand dollars.

Every film or part thereof Amported shall forthwith umn be deposited by the importer thereof in a warehousee approved for that-purpose by the Board.

AeusleesDmhl m actadhn wnhubiion (

Any person who removes any film or any part thereof in contravention of subsection (1), or who fails to deposit the same forthwith in a warehouse approved-under sub-section--or who removes a film or part of a film, without the permission in writing of the Board, from any warehouse approved-under-subsection-

This section shall not apply to any film which has been authorized for exhibition in Malaysia andoears-a-valid mark-affixed-under section 9: /n pr nkich o cap'cnd Aas bus:

olud leunee eetior.0 9@)

During the course of the censorship the Board may in its discretion exclude any person from the place where the film is being projected.

The owner may at any time with the approval in writing of the Board, which shall not be unreasonably withheld, remove any film or part of a film from any ware-house approved under-section 6 (2) for the purpose of el making excisions-in it, or of reconstructing it, or of obtaining the authorization-of the Board for its exhibition.

(itje)

IS. 8-9

ACT 35 8

ission

Any fAilm or part of a lilm removed with Dermi.

under section 6 (2) shall be returned to the warehon ed forty-cight hours of the time of its removal therefrorin granted under subsection (3) frojm a warehouse appro any excised parts, il exciSion has been made, shall w the said forty-eight hours be delivered to the Board, ithin

Any owner who fails so to return the film, or sol deliver any excised parts, shall be guilty of an offence and shall, on conviction, be liable to a ine not exceeding dhe thousand dollars.

to

Prohibition and authori-zation oft films.

refuse to authorize the exhibition of the film in

Malaysia;

approve the film for exhibition in Malaysia with such alterations or excisions as it may require; or

approve the film for exhibition in Malaysia without alteration or exCiSion

Provided that in any case to which paragraph (a) or (6)

applies the Board shall thereupon furnish to the owner in

Writing its reasons for the refusal or for requiring the altera tions or excisions.

Where any film is approved for exhibition in Malaysia the Chairman of the Board shall, when the required altera-tions or excisions, if any, have been made, afix such mark as the Minister may direct authofizing the exhibition of that

Aahy film in Malaysia.

Where any film is classified under subsection ()

Board shall affix such mark as the Minister may direct to D afixed to films of that classification.

.3) Any person who exhibits or causes to be exhibited an ilm classified under subsection (1)Xwithout the mark am da lhur thereto under subsection (2) shall be guilty of an offence one 1in and shall, on conviction, be liable to a fine not exceeding thousand dollars.

onefn

IS. 10-13]

9

by the Board; or

film:

Provided that any film delivered to the owner under paragraph (b) shall be returned to the Board withinforty-eight hours_of the time of its delivery, and any owner who fails to return the film, together with any excised parts if excision has been made, within that period without good and reasonable cause shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ónë thousand dollars.

A film shall be deemed to be exhibited when it is projected otherwise than during and for the purposes of production or for the purposes of a censorship in the pre-Sence of eight or more persons, including the operaor.

/authorizing the exhibition of those films in Malaysia,

The

Chairman/of the Bøárd is hereby authorized to take and receive declarations tor the purposes of subsection

, which shall be admisSible in evidence in any judicial proceedings.

S. 13-15

ACT 35 10

Any person who makes a statutory declarati.

t in any particular sh on under this section which is false or incorrect in any partiounder be guilty of an ollence and shall, on conviction to the knowledge of the maker, be liable to imprisonment exceedingl

On receipt/of notice under subsection (1) the person in whose possession or under whose control the ilm is shall

Raje)

penhft reut forthwith return the/mark to the Board and shall also, if so required, by the Board, return the film for further examina-tion d Untorsbf

Any person who fails to comply with subsection (2)

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand dollars.

which has not been marked under section 9 (2) or

Penalties.

12A;

which has been altered or tampered with in any way since the mark was affixed thereto; or

the mark on which has ceased to be valid under section 13 or 14, shall be guilty of an offence and shall, on conviction, liable to a fine not exceeding one thousand dollars for every such offence.

a

A 2ua+)

Any Eensorand-any Deputy-eF Assistanteenoable any Inspector of Cinematograph Films may at all reaS is times enter any premises in which any film is being

IS about to be exhibited or displayed, and may exam hle any such film, and if on such examination he has reaso e

S. 15-171

CINEMAToGRAPH FILMS (CENSORSHIP)

-almds for believing that an offence under subsection (1)

ounds for believ or unde section 9a (3) has been or is about to be committed in respect of any such film he may seize the same.

A Chief Police Oficer or, in Sabah and Sarawak, a

Divisional Superintendent of Polide, may without warrant,

With such assistance and by such force as is necessary, by night or by day, himself do what he may authorize the police officer as aforesaid to do under subsection () in either of the following cases :

Any representation the owncr is desirous af hfo the Commiltee shall be madec in writing and hall be al included in or attached to the saidd notice of apneal 3The Secretary to the Board may, in his disere require, in addition to such appeal tce as may be prescrib any the deposit of such sum as shall be sufficient to cover e further fee which may become payabie as a result of th appeal.

For the purposes of the appeal the owner shall deliver to the Secretary to the Board any flm or part thereof at such time and place as the SCcretary may direct.

a Chairman, to be appointed by the Yang di-Pertuan

Committce of Appeal.

Agong

an officer appointed by the Minister

the Chief Education Adviser or an oficer of the

Education Department nominated by the Minister charged with responsibility for the Department; and

fourteen members to be nominated by the Minister and appointed by the Yang di-Pertuan Agong.

Each member of the Committee of Appeal shall, unless he earlier resigns, hold office until the 31st December ot the year for which he was appointed.

The members of the Committee of Appeal shall elect one of their number to be Vice-Chairman thereof and in the absence of the Chairman and the Vice-Chairman trom any meeting, the members present shall elect one ot ne number to preside at the meeting.

Al any meeting of the Committee of Appeal si members shall form a quorum, and in the case ot eu voting, the Chairman, Vice-Chairman or other memoct presiding shall have a casting vote.

(Omitled).

S. 19-20]

13

the approval for exhibition of any film which is the Appea subject of appeal;

the excision or retention |of any part of the film;

and

the classification of any film:

hosidled ha

If the Committee of Appeal on dismissing an appeal is of the opinion that the appeal was frivolous or vexatious, it may impose a further fee not exceeding two hundred and fifty dollars in addition to the prescribed fee, and if any sum has been deposited under section 17 (3) may order the forfeiture of that sum or any part thereof in satisfaction or part satisfaction of the additional fee.

The decision of the Committee of Appeal shall be final.

The decision of the Committee of Appeal shall be communicated forthwith to the-Chairman-of the Board, who-shall if necessary affix the mark-of authorization referred to in section 9 (2) or 9A (2), as the case may be, or alter er delete-the-mark, and shall take such further or other action, if any, as is necessary to give full effect to the decision.

9A,1a3,14c

The owner of the film, upon receiving notice to that effect from the Secretary to the Board, shall be legally bound to deposit or project the same at such time and place as may be stated in the notice.

The Committee of Appeal/may, after the inspection, make in respect of the film any such order as is specified in section 19 (1), and section 19 (3/ Shall thereupon apply to the order.

Mat Gmuthu as the CASe

Any owner refusing or neglecting to comply with the requirements of subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding

90) 3e 6ne thousand dollars.

Cs. ma be wwabe.,

IS. 21-251

Acr 35 14

A Chief Police Officer or, in Sabah and Sarawak, a

Divisional Superintendent of Police, any Censorepy-o

/ncta 4at Assistant Censor or Inspector of inematograph Films,if satisfied upon written information| and after such further inquiry as he thinks necessary that any person has in his possession an obscene or lewd film, may without warrant, with such assistance and by such force as is necessary, by night or by day, enter and search any place where he has

Teason to believe the film is kept, seize the film or part of the film and take into custody any person reasonably supposed to be in possession thereof.

Any film in respect of which any person has been convicted under this section shall be forfeited and shall be destroyed or otherwise disposed of in such manner as the

Minister may direct.

Exemptions. 25./This Act shall not apply to-

any film transhipped within Malaysia for delive at a place outside Malaysia;

S. 25-26A]

15