Malaysia legislation

Section 137

of *CUSTOMS ACT 1967

Section 137

(a)

makes any collusive seizure or delivers up or makes any agreement to deliver up or not to seize any conveyance, or any goods liable to seizure;

(b)

accepts, agrees to accept, or attempts to obtain, any bribe, gratuity, recompense or reward for the neglect or non-performance of his duty; or

*NOTE—Previously “three years or to a fine not exceeding ten thousand ringgit”–see paragraph 9(c) of the Customs (Amendment) Act (No. 2) 2018 [Act A1580].

**NOTE—Previously “five years or to a fine not exceeding twenty thousand ringgit”–see paragraph 9(d)

of the Customs (Amendment) Act (No. 2) 2018 [Act A1580].

Customs 163

(c)

conspires or connives with any person to import or export or is in any way concerned in the importation or exportation of any goods liable to customs duties or any goods prohibited to be imported or exported for the purpose of seizing any conveyance or any goods and obtaining any reward for such seizure or otherwise, every such officer so offending shall be guilty of an offence against this Act and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding *five hundred thousand ringgit or to both such imprisonment and fine, and shall be interdicted from holding office in the public service of the Federal

Government or the Government of any State, and every person who gives or offers or promises to give or procures to be given any bribes, gratuity, recompense or reward to, or makes any collusive agreement with, any such officer or person as aforesaid to induce him in any way to neglect his duty or to do, conceal or connive at any act whereby any of the provisions of any other law relating to imports or to exports may be evaded, shall be guilty as an abettor and so punishable under this

Act.

(2)

Any officer of customs who is found when on duty to have in his possession any monies in contravention of any departmental regulations issued in writing shall be presumed, until the contrary is proved, to have received the same in contravention of paragraph (1)(b).

(3)

If an officer of customs has reasonable suspicion that another officer of customs junior in rank to him has in his possession any money received in contravention of paragraph (1)(b) he may search such other officer.

Penalty for offences not otherwise provided for