Malaysia legislation

Section 11

of COMMON GAMING HOUSES ACT 1953

Section 11

Presumption against person selling lottery tickets, etc.

(a)

selling, offering for sale, giving, delivering or collecting lottery tickets; or

(b)

found in possession of ten or more—

(i)

lottery tickets; or

(ii)

counterfoils or duplicates of lottery tickets;

(c)

found in possession of any account, memorandum, riddle or record of stakes or wagers in or relating to a lottery;

or

(d)

found in possession of a “tikam board”, shall be presumed until the contrary is proved to be assisting in a public lottery then in progress.

*NOTE—Previously “two thousand ringgit”–see the Common Gaming Houses (Amendment)

Act 1990 [Act A755].

(2)

A person found in or escaping from a common gaming house kept or used for the purpose of a public lottery shall be presumed until the contrary is proved to be assisting in a public lottery then in progress.

(3)

Where evidence or a certificate is given by a gaming expert that any document produced before the Court is a lottery ticket of any public lottery or is an account, memorandum, riddle or record of stakes or wagers in or relating to any public lottery, the Court shall presume that such a document is a lottery ticket of such public lottery or an account, a memorandum, riddle or record of stakes or wagers in or relating to such public lottery, as the case may be.

(4)

Where evidence or a certificate is given by a gaming expert that any article is an instrument or appliance for gaming, the Court shall presume that the article is an instrument or appliance for gaming.

(5)

A certificate given under subsection (3) or (4) shall, where the prosecution intends to give it in evidence, be served upon the accused not less than fourteen clear days before the commencement of the trial and the certificate shall be admissible without the presence of the maker thereof as witness unless so required—

(a)

by the Court; or

(b)

by the accused, in which case the accused shall give the

Public Prosecutor a notice in writing not less than seven clear days before the commencement of the trial.

(6)

The Minister may by notification in the Gazette appoint any person whether a public officer or not to be a gaming expert in respect of any or all games.

Sales of lottery tickets void