Malaysia legislation
Section 54
Section 54
Prosecutor, make regulations prescribing—
The principal Act is amended by inserting after Part VIII the following part:
“Part VIIIa
OFFENCES RELATING TO SECURITY
Theft or robbery 41a. (1) Any person who commits theft of radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than five years but not exceeding twenty years or to a fine not exceeding ten million ringgit or to both.
(2)
Any person who commits robbery of radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding twenty million ringgit or to both.
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Criminal breach of trust 41b. Any person who commits criminal breach of trust in relation to radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding ten million ringgit or to both.
Cheating 41c.
Whoever cheats and thereby dishonestly induces the person deceived, to obtain radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding ten million ringgit or to both.
Conducting activity with intention to cause death or injury 41d. (1) Any person who conducts any activity involving radioactive material or nuclear material with the intention to cause death commits an offence and shall, on conviction, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes.
(2)
Any person who conducts any activity involving radioactive material or nuclear material with the intention to cause serious injury to any person commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding twenty years and with whipping.
(3)
Any person who conducts any activity involving radioactive material or nuclear material with the intention to cause substantial damage to property or to the environment commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than five years but not exceeding thirty years or to a fine not exceeding thirty million ringgit or to both.
Atomic Energy Licensing (Amendment)
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Sabotage 41e. (1) Any person who commits an act of sabotage or threatens to commit an act of sabotage directed against facilities, radioactive material or nuclear material or an act deliberately interfering with the operation of facilities, with intention to cause or is likely to cause death or serious injury to any person or substantial damage to property or to the environment, by exposure to radiation or release of radioactive substances or otherwise or economic loss commits an offence and shall, on conviction—
(a)
where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; or
(b)
in any other case, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to fine not exceeding thirty million ringgit or to both.
(2)
Any person who has in his possession any article that is capable of use, and which he intends for use, in carrying out an act of sabotage under this section, commits an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years but not exceeding twenty years or to a fine not exceeding twenty million ringgit or to both.
(3)
In this section, “sabotage” means any deliberate act directed against a facility, radioactive material or nuclear material in use, storage or transport that could directly or indirectly endanger the health and safety of the worker, the public or the environment by exposure to radiation or release of radioactive substance.
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Demanding through coercion radioactive material or nuclear material by credible threat, use of force or other form of intimidation 41f. Any person who commits an act constituting a demand for radioactive material or nuclear material by credible threat or use of force or by any other form of intimidation commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding ten million ringgit or to both.
Threatening to cause death or serious injury to any person or property damage or economic loss 41g. Any person who threatens to use or disperse a radioactive material or nuclear material to cause death or serious injury to any person or economic loss or property damage or the environment commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding thirty years.
Threatening to compel person to do or refrain from doing any act 41h. Any person who threatens to cause harm by using a radioactive material or nuclear material, to compel the Government of Malaysia, any other government, any international organization or any other person or group of persons to do or to refrain from doing any act commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding thirty million ringgit or to both.
Conspiracy 41i. (1) Any person who conspires with other person who is in Malaysia to do any act within and beyond Malaysia, being an act, which if done in Malaysia would have constituted an offence under this Act, shall be deemed to have criminally conspired to do that act in Malaysia and commits an offence and shall, on conviction, be punished with the punishment provided for such offence.
Atomic Energy Licensing (Amendment)
(2)
Any person who conspires with other person in any place within or beyond Malaysia to do any act in Malaysia that constitutes an offence under this Act, shall be deemed to have criminally conspired in Malaysia to do that act and commits an offence and shall, on conviction, be punished with punishment provided for such offence.
Communication jeopardizing security 41j. Any person who knowingly discloses information on the security of any facilities, radioactive material or nuclear material to another person who may carry out an activity or act that jeopardizes or affects the security of the facilities, radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one million ringgit or to both.”.
Amendment of section 44