Section 3

the instigation of any person to do that thing;

the engagement, with one or more other person or persons, in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; and

the intentional aiding, by any act or illegal omission, of the doing of that thing;

“Accountant-General” means the Accountant-General of the State;

“act” used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions;

“advocate” means a person admitted or licensed to practise as such under any written law for the time being in force;

“amend” includes repeal, add to or vary and the doing of all or two or more of such things simultaneously or by the same written law;

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“Assistant Minister” means an Assistant Minister of the State appointed under

Article 7A of the Constitution;

“Attorney-General” means the State Attorney-General appointed under Article 11 of the Constitution;

“British Commonwealth” or “Commonwealth” means collectively the Members of the Commonwealth, any part of Her Britannic Majesty’s dominions not being a

Member of the Commonwealth, any territory under the protection of a Member of the Commonwealth and any territory administered by the Government of a

Member of the Commonwealth under the trusteeship system of the United

Nations;

“British possession” means any part of Her Britannic Majesty’s dominions not being a Member of the Commonwealth, and, where parts of such dominions are under both a central legislature and a local legislature, shall include the parts under the central legislature as if they together constituted one British possession as well as each part with a local legislature:

Provided that in any law enacted after the first day of July, 1954, the expression “British possession” shall not include a Member of the

Commonwealth or any dependent Commonwealth territory;

“Cabinet” means the State Cabinet established under Article 6 of the

Constitution, and in respect of any period prior to Malaysia Day includes the

Executive Council of the Colony of North Borneo;

“Chapter”, “Part”, “section” and “Schedule” shall denote respectively by Chapter,

Part, section of and Schedule to the law in which the word occurs, and

“subsection” shall denote a subsection of the section of the law in which the word occurs;

“Chief Judge” means the Chief Judge of the High Court;

“Chief Minister” means the Chief Minister of the State appointed under Article 6

of the Constitution;

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“citizen” means a citizen of the Federation;

“Consolidated Fund” means the Consolidated Fund of the State mentioned in

Article 29 of the Constitution;

“Constitution” means the Constitution of the State;

“commencement” used with reference to an Enactment means the time at which such Enactment comes into operation;

“common law” means the common law of England;

“consular officer” means consul-general, consul, vice-consul, consular agent, and any person for the time being authorised to discharge the duties of consul-general, consul or vice-consul;

“court” means any State or Federal court of competent jurisdiction;

“Crown Agents” means the persons for the time being acting in England as the

Crown Agents for Oversea Governments and Administration, or any of them;

“dependent Commonwealth territory” means any territory for the international relations of which any Member of the Commonwealth other than the United

Kingdom is responsible;

“district” means any of the districts into which the State is for the time being divided in accordance with the Administrative Divisions Ordinance [Cap. 167.];

“District Officer” means the officer in charge of a district and includes an

Assistant District Officer;

“division” means one of the divisions into which the State is for the time being divided in accordance with the provisions of the Administrative Divisions

Ordinance [Cap. 167.];

“Enactment” means an Enactment of the Legislature of the State and includes an Ordinance;

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“export” means to take or cause to be taken out of the State by land, sea or air;

“Federal Court” means the Federal Court mentioned in Article 121 of the Federal

Constitution;

“Federal Government” means the Government of Malaysia;

“Federal law” means any Act of the Legislature of Malaysia, and any law having the force of such an Act, and any subsidiary legislation made under the authority of any such Act or law, having effect within the State;

*(Omitted).

“financial year” means the period from the first day of January to the thirty-first day of December;

“Gazette” means the Gazette published by the order of Government and includes any Supplement thereto or Extraordinary Gazette so published;

“Government” means the Government of the State;

“Government Printer” includes any printer purporting to be the printer authorised to print Enactments and other documents of the Government;

“High Court” means the High Court in Sabah and Sarawak;

“immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

“import” means to bring or cause to be brought into the State by land, sea or air;

“imprisonment” means imprisonment under any written law for the time being in force relating to prison;

“Judge” means a Judge of the High Court and includes any person appointed to perform any or all of the functions of such Judge;

* Definition of “Financial Secretary” omitted by virtue of Enactment No. 3 of 1965.

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“Legislative Assembly” means the Legislative Assembly of the State;

“legislature” when used with reference to any part of the Commonwealth means the authority, other than the Parliament of the United Kingdom or Her Britannic

Majesty in Council, competent to make laws for such part;

“local authority” means an Authority established under the Local Government

Ordinance [Ord. 11/1961.] and, where no such Authority has been so established in respect of any area, the District Officer of the district in which such area is situate;

“Magistrate” means a person appointed to be a Magistrate under any written law creating the office of Magistrate and sitting as such within the State;

“Malaysia Day” means the sixteenth day of September, 1963;

“master” used with reference to a ship means any person, other than a pilot or harbour master, having for the time being control or charge of such ship;

“Member of the Commonwealth” means the United Kingdom, Canada, Australia,

New Zealand, India, Pakistan, Sri Lanka, Ghana, Nigeria, Cyprus, Sierra Leone,

Jamaica, Trinidad and Tobago, and Uganda;

“Minister” means any member of the Cabinet who is for the time being entrusted by the Yang di-Pertua Negeri with responsibility for a subject or department to the Government;

“monogamous marriage” means a marriage which is recognised by the law of the place where it is contracted as a voluntary union of a man and one woman to the exclusion of all others during the continuance of the marriage;

“month” means calendar month according to the Gregorian calendar;

“movable property” means property of every description other than immovable property;

“oath” and “affidavit”, in the case of persons for the time being allowed by law to

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affirm or declare instead of swearing, include affirmation and declaration, and

“swear” in the like case includes affirm and declare;

“offence” means any act or omission made punishable by any written law for the time being in force;

“Ordinance” means any Ordinance, or proclamation having the force of an

Ordinance; in force in the Colony of North Borneo immediately before Malaysia

Day;

“person” or “party” includes any company or association or body of persons corporate or unincorporate;

“police officer” and terms or expressions referring to ranks in the police force shall bear the meanings respectively assigned to them by the Police Act, 1967

[Act 344.] or any other written law adding to or amending or substituted for that

Act;

“prescribed” means prescribed by the Enactment in which the word occurs or by any subsidiary legislation made thereunder;

“public holiday” means any day which under the provisions of any written law for the time being in force is to be observed as a public holiday;

“public place” includes any highway and public street, road, park or garden, any sea beach, any public bridge, lane, footway, square, court, alley or passage, whether a thoroughfare or not, any unalienated land, and any open space, enclosed or unenclosed, to which for the time being the public have or are permitted to have access, whether on payment or otherwise;

“Public Seal” means the Public Seal of the State;

“registered” used with reference to a document, means registered under the provisions of the written law for the time being applicable to the registration of such document;

“regulations” includes rules, rules of court and by-laws;

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“repeal” includes revoke;

“rules of court” when used in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court, together with the forms necessary thereto;

“sale” and “sell” include exchange, barter and offering or exposing for sale;

“service by post” where any State law authorises or requires any document to be served by post, whether the expression “'serve”, or the expression “give” or

“send” or any other expression is used, then, unless a contrary intention appears, the service shall be deemed to be affected by properly addressing, prepaying and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which such letter would be delivered in the ordinary course of post;

“ship” includes every description of vessel used in navigation not exclusively propelled by oars or paddles;

“sign” with reference to a person who is unable to write his name, includes mark;

“signature” and “signed” include and apply to the fixing of a mark;

“the State” means the State of Sabah;

“State law” means any Enactment and any subsidiary legislation made thereunder;

“State Secretary” means the officer appointed as such under Article 11 of the

Constitution;

“statutory declaration”, if made –

in the State, means a declaration made under the Statutory Declaration

Act, 1960 [Act 13.];

in the Federation outside the State, means a declaration made by virtue of the provisions of any law providing for such declarations and having

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effect in the place where such declaration is made;

in any part of the Commonwealth outside the Federation, means a declaration made before a justice of the peace, notary public, commissioner for oaths or other person having authority therein under any law for the time being in force to take or receive a declaration;

in any other place, means a declaration made before a Federal or British consular officer;

“street” or “road” includes any highway, street, road, bridge, thoroughfare, parade, square, court, alley, lane, bridle-way, foot-way, passage or open place whether situate on land leased from the State or not, used and frequented by the public or to which the public have, or are permitted to have access;

“subsidiary legislation” means any order, proclamation, rule, regulation, order, notice, by-law or other instrument made under any Enactment or other lawful authority and having legislative effect in the State;

“territorial waters” means the inland waters of the State and such part of the sea adjacent to the coast of the State as is deemed by international law to constitute the territorial waters of the State;

“United Kingdom” means Great Britain and Northern Ireland;

“urban area” has the meaning assigned to it by section 2 of the Local

Government Ordinance [Ord. 11 of 1961.]);

“urban authority” in respect of any urban area, means the local authority having jurisdiction in such area;

“vessel” includes floating craft of every description;

“will” includes a codicil;

“writing” or “written” includes typewriting, printing, lithography, photography, electronic storage or transmission or any other method of recording information or fixing information in a form capable of being preserved;

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“written law” means all State law and Federal law;

“words” includes figures and symbols;

“Yang di-Pertuan Agong” means the Supreme Head of the Federation elected under Article 32 of the Federal Constitution and includes any person for the time being lawfully exercising the function of the Yang di-Pertuan Agong;

“Yang di-Pertua Negeri” means the person appointed as such under the provisions of the Constitution and includes any person for the time being lawfully exercising the functions of the Yang di-Pertua Negeri;

“year” means a year reckoned according to the British calendar.

words importing the masculine gender shall include females;

words in the singular include the plural and words in the plural shall include the singular;

where the words “or”, “other”, and “otherwise” are used they shall be construed disjunctively;

a description or citation of a portion of any local law shall be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.