Malaysia legislation
Section 6
Section 6
The Code is amended by inserting after section 124A the following sections:
“Activity detrimental to parliamentary democracy 124B. Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years.
Attempt to commit activity detrimental to parliamentary democracy 124C. Whoever attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years.
Printing, sale, etc., of documents and publication detrimental to parliamentary democracy 124D. (1) Whoever, by any means, directly or indirectly, prints, publicises, sells, issues, circulates or reproduces any document or publication detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to fifteen years:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication.
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Penal Code (Amendment)
Possession of documents and publication detrimental to parliamentary democracy 124E. (1) Any person who, without lawful excuse, has in his possession any document or publication detrimental to parliamentary democracy or any extract therefrom, shall be punished with imprisonment for a term which may extend to ten years.
(2)
The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court—
(a)
that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and
(b)
that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy.
Importation of document and publication detrimental to parliamentary democracy 124F. (1) Any person who imports or attempts to import or abets the importation of any document or publication detrimental to parliamentary democracy or without lawful excuse has in his possession any document or publication shall be punished with imprisonment for a term which may extend to five years.
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(2)
The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court—
(a)
that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and
(b)
that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy.
Posting of placards, etc.
Quoted provision
Section 124G
Any person who posts or distributes any placard, circular or other document containing any incitement to violence, or counselling violent disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be punished with imprisonment for a term which may extend to five years.
Quoted provision
Section 124H
Dissemination of information
Any person who by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means incites violence, or counsels violent disobedience to the law or to any lawful order, shall be punished with imprisonment for a term which may extend to five years.
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Penal Code (Amendment)
Quoted provision
Section 124I
Dissemination of false reports
Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years.
Quoted provision
Section 124J
Receipt of document and publication detrimental to parliamentary democracy
(2)
The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court—
(a)
that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and
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(b)
that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy.
Sabotage
Quoted provision
Section 124K
Whoever, by any means, directly or indirectly, commits sabotage shall be punished with imprisonment for life.
Quoted provision
Section 124L
Attempt to commit sabotage
Whoever attempts to commit sabotage or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years.
Quoted provision
Section 124M
Espionage
Whoever, by any means, directly or indirectly, commits espionage shall be punished with imprisonment for life.
Quoted provision
Section 124N
Attempt to commit espionage
Whoever attempts to commit espionage or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years.”.
Amendment of section 130A