AKTA KANUN KESEKSAAN (PINDAAN) 2012

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 4

by substituting for the words “Chapters VI and VIA” the words “Chapters VI, VIA and VIB”; and

by substituting for paragraph (d) the following paragraph:

“(d) by any person against property belonging to, or operated or controlled by, in whole or in part, the Government of Malaysia or the Government

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of any State in Malaysia, including diplomatic or consular premises of Malaysia, any citizen of

Malaysia, or any corporation created by or under the laws of Malaysia located outside Malaysia;”.

Amendment of section 107

by substituting for the explanation to the section the following explanations:

“Explanation 1—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Explanation 2—Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit the offence unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.”; and

by inserting after the explanations to the section the following illustrations:

“ILLUSTRATIONS

If A and B agree to embark on a bombing campaign throughout Malaysia, and either one of them commits an act in furtherance of the agreement such as acquiring

Ammonium Nitrate fertilizer or other bomb making components, they will each be guilty of conspiracy to cause explosions even though no bombing targets were identified and no bombing was actually attempted.

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Penal Code (Amendment)

A wilfully and knowingly joins an enterprise of persons consisting of B, C and D where they share a common criminal purpose to commit certain offences such as attacking civilian objects, murder and terrorism, and at least one of them acts on the plan by surveilling targets or securing a weapon to be used in the attacks.

All four are guilty of conspiracy to attack civilian objects, and commit murder and terrorism the moment any one of them acts on the plan.

A and B agree to cheat the Government on a contract for goods by inflating the price of goods quoted in the tender document. A and B intend to conceal the real price of the goods to the Government. A and B are guilty of conspiring to cheat the Government the moment that one of them drafts the fraudulent tender document or engages in any other act in furtherance of the plan.

A, B and C agree to engage in fraud and misuse of visas, permits or other documents to facilitate a particular act of terrorism in Malaysia. All three are guilty of conspiracy to provide support for the commission of a terrorist act the moment any one of them engages in an act in furtherance of the plan, such as acquiring the visas or other materials necessary to produce the fraudulent documents.”.

Amendment of section 120B

in subsection (2), by substituting for the word

“Whoever” the words “Subject to subsection (3), whoever”; and

by inserting after subsection (2) the following subsection:

“(3) If the offence, the commission of which is the object of the conspiracy, is a minor offence under the Minor Offences Act 1955 [Act 336] the punishment for such conspiracy shall not exceed the maximum punishment provided for such minor offence.”.

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New sections 124B to 124N

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—

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—

“activity detrimental to parliamentary democracy” means an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means;

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Penal Code (Amendment)

“document or publication detrimental to parliamentary democracy” means any document or publication having in part or in whole a tendency—

to excite organized violence against persons or property in Malaysia;

to support, propagate or advocate any act prejudicial to the security of Malaysia or the maintenance or restoration of public order therein or inciting to violence therein or counselling violent disobedience to the law thereof or to any lawful order therein; or

to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of Malaysia or to the maintenance of public order therein, or who incite to violence therein or counsel violent disobedience to the law thereof or any lawful order therein;

“espionage” means an activity to obtain sensitive information by ulterior or illegal means for the purpose that is prejudicial to the security or interest of Malaysia;

“essential services” includes—

water services;

electricity services;

public health services;

banking and financial services;

fire services;

prison services;

postal services;

telecommunication services including the communication infrastructure;

telegraph services;

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radio communication services including broadcasting and television services;

port, dock and harbour services and undertakings;

public transport services by land, sea or air;

or

bulk distribution of fuel and lubricants;

“harbour” includes supplying a person with shelter, food, drink, money or clothes; or, except by a person employed in a Government hospital, medicines, bandages, surgical dressings or any other form of aid to a person wounded; or arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension;

“imprisonment for life” means (subject to the provisions of any written law conferring power to grant pardons, reprieves or respites or suspension or remission of punishments) imprisonment until the death of the person on whom the sentence is imposed;

“publication” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof;

“sabotage” means—

an act or omission intending to cause harm—

for the interests of foreign powers or foreign organizations;

knowingly producing defective materials, premises or utilities used for national defence or for war;

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Penal Code (Amendment)

“sensitive information” means any document, information and material—

relating to the Cabinet, Cabinet committees and

State Executive Council; or

that concerns sovereignty, national security, defence, public order and international relations, whether or not classified as “Top Secret”, “Secret”,

“Confidential” or “Restricted” by a minister, the

Menteri Besar or Chief Minister of a State or any public officer appointed by a minister, the Menteri

Besar or Chief Minister of a State.”.

New section 130KA