Malaysia legislation
Section 2
Section 2
(a)
any place kept or used for gaming to which the public or any class of the public has or may have access;
(b)
any place kept for habitual gaming, whether the public or any class of the public has or may have access to it or not;
*NOTE—All reference to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”–
see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).
(c)
any place kept or used for the purpose of a public lottery;
(d)
any place (including a place which is owned, occupied, possessed, kept, used, or maintained by any society or any other organization, body or groups of persons whether or not such society, organization, body or group is established by or under any law)—
(i)
where eight or more persons are gaming;
(ii)
where any bankers’ game is being played; or
(iii)
where gaming is played and for which payment is made by any person to any society, organization, body or group of persons or any other person as consideration for permitting gaming in such place;
“energy” has the meaning assigned to “electricity” in section 2
of the Electricity Supply Act 1990 [Act 447] or that term in section 2 of the Electricity Ordinance of Sarawak [Sarawak Cap. 137], as the case may require;
“gaming” with its grammatical variations and cognate expressions means the playing of any game of chance or of mixed chance and skill for money or money’s worth and includes the playing of any game specified in Column I of the First and Second Schedules and the playing or operation of any gaming machine;
“gaming machine” means any mechanical, electrical or electronic machine or device (including any computer program used in such machine or device), whether wholly or partly mechanically, electrically or electronically operated, that is so designed or that has been so adapted that—
(a)
it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and
(b)
as a result of the playing or operation of the machine or device, winnings in money or money’s worth may become payable;
“licensee”, in relation to the supply of energy, means the person licensed under section 9 of the Electricity Supply Act 1990 or the holder of a licence issued under section 4 of the Electricity Ordinance of Sarawak, as the case may require;
“lottery” includes any game, method, or device whereby money or money’s worth is distributed or allotted in any manner depending upon or to be determined by chance or lot, whether the same be held, drawn, exercised, or managed within or without the Federation;
Common Gaming Houses 7
“Peninsular Malaysia” has the meaning assingned thereto in section 3 of the Interpretion Acts 1948 and 1967 [Act 388], and includes the Federal Territory.
“public lottery” means a lottery to which the public or any class of the public has or may have access, and every lottery shall until the contrary be proved be deemed to be a public lottery;
“lottery ticket” includes any paper or figure or writing or symbol or other article whatsoever which either expressly or tacitly entitles or purports to entitle the holder or any other person to receive any money or money’s worth on the happening of any event or contingency connected with any public lottery;
“Minister” means the Minister charged with responsibility for the regulation of lotteries;
“Officer in Charge of a Police District” means any police officer appointed by the Inspector General of Police under paragraph 6(b) of the Police Act 1967 [Act 344];
“operator of a gaming machine” means any person who—
(a)
owns, manages or maintains a gaming machine;
(b)
has in his custody or under his control a gaming machine;
or
(c)
in any manner assists in the management or maintenance of a gaming machine;
“place” means any house, office, room or building and any place or spot, whether open or enclosed, and includes a ship, boat, or other vessel, whether afloat or not, and any vehicle;
a place in which lottery tickets are offered for sale, sold, or distributed shall be deemed to be “used for the purpose of a public lottery”;
a place shall be deemed to be “used” for a purpose if it is used for that purpose even on one occasion only;
every person who demises or lets for hire a place shall be deemed the “owner” thereof;
the expression “instruments or appliances for gaming” includes all articles or part thereof specified in Column 2 of the First and
Second Schedules and all articles which are used in or for the purpose of gaming or a lottery and all gaming machines;
“Senior Police Officer” means any police officer not below the rank of Inspector.
“supply authority” has the meaning assigned to it in section 2
of the Electricity Supply Act 1990;
(2)
The Minister may from time to time by notification in the
Gazette—
(a)
declare any game, method, device, scheme or competition specified or desribed in such notification to be a lottery for the purposes of this Act and thereupon it shall be an irrebuttable presumtion of law that such game, method, device, scheme or competition is a lottery for the purposes of this Act;
(b)
(Deleted by Act A577).
(3)
The Minister may from time to time by notification in the
Gazette delete from, add to, or otherwise amend the First or the
Second Schedule.
Nuisance