*KIDNAPPING ACT 1961

This Act may be cited as the Kidnapping Act 1961.

This Act shall apply throughout Malaysia.

Interpretation

(Deleted by Act A910).

(Deleted by Act A910).

(Deleted by Act A910).

Seizure and forfeiture of conveyance

No conveyance shall be forfeited under subsection (1) unless the Court shall have given the owner thereof or his agent an opportunity of showing cause why such conveyance should not be forfeited.

Knowingly receiving ransom

For the purpose of subsection (1), a person found to be in possession of any money or property or any proceeds thereof which has at any time been delivered as ransom shall, unless the contrary is proved, be deemed to have knowledge that such money or other property was delivered as such ransom.

Knowingly negotiating to obtain, or for payment of, ransom

Whoever knowingly negotiates or assists in any negotiation to pay or pays or provides funds for the payment of any ransom shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding seven years and shall also be liable to a fine.

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Power to freeze bank account

Any officer of a bank who complies with an order of the

Public Prosecutor under subsection (1) shall be relived of any liability to any other person in respect of the payment prohibited by such order.

A bank which fails to comply with an order of the Public

Prosecutor under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit.

Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents

Any person who willfully neglects or fails to produce any such book, account, receipt, voucher or other document which is in his possession or control shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or both.

Public Prosecutor’s powers to obtain information

require any such person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by such person and by the spouse and children of such person and specifying the date on which each of the properties enumerated was acquired by way of purchase, gift, bequest, inheritance or otherwise;

require any such person to furnish a sworn statement in writing of any money or other property paid or disposed of by him during such period as may be specified in the order;

require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by such person where the

Public Prosecutor has reasonable grounds to believe that such information may be relevant to the investigation or proceedings;

require the Director General of Income Tax to furnish all information available to the Director General relating to the affairs of such person or of the spouse or child of such person and to produce or furnish any document or a certified copy of any document specified in the notice

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relating to such person or the spouse or child of such person which is in the possession or under the control of the Director General;

require the person in charge of any department, office or establishment of the Government, or the president, chairman, manager or chief executive officer of any public body to produce or furnish any book or document or a certified copy of any book or document specified in the notice which is in his possession or under his control.

Every person to whom an order is given by the Public

Prosecutor under subsection (1) shall, notwithstanding any written law to the contrary, comply with the terms of that order within such time as may be specified therein and any person who wilfully neglects or fails so to comply shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years.

Duty to give information to police

Any person bound to give any information under subsection (1) who fails to do so shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years.

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Power to intercept communication

to intercept, detain and open any postal article in course of transmission by post;

to intercept any message transmitted or received by any telecommunication; or

to intercept or listen to any conversation by telecommunication.

Where any person is charged with an offence under this Act, any information obtained by a police officer in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.

For the purpose of this section―

“postal article” shall have the same meaning as in the Post Office

Act 1947 [Act 211]; and

“telecommunication” shall have the same meaning as in the

**Telecommunications Act 1950 [Act 20].

______________________________________________________

*NOTE―The Post Office Act 1947 [Act 211] has since been repealed by the Postal

Services Act 1991 [Act 465]―see section 50 of Act 465.

**NOTE―The Telecommunications Act 1950 [Act 20] has since been repealed by the Communications and Multimedia Act 1998 [Act 588]―see section 273 of Act 588.

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Remand in custody of police

An accused person shall, for the purposes of subsection (1), be deemed to be in possession of resources or property or to have obtained an accretion thereto where such resources or property are held or such accretion is obtained by any other person whom, having regard to his relationship to the accused person or to any other circumstances, there is reason to believe to be holding such resources or property or to have obtained such accretion in trust for or on behalf of such accused person or as a gift from such accused person.

Protection of informers

If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceedings is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

If on a trial for any offence under this Act, the court, after full inquiry into the case, is of opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

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Admission of statements in evidence

if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him; or

in the case of a statement made by such person after his arrest unless the court is satisfied that a caution was administered to him in the following words or words to the like effect:

“Do you wish to say anything? You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence.”:

Provided that a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been given if it has been given as soon as possible.

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Notwithstanding anything to the contrary contained in any written law, a person accused of an offence under this Act shall not be bound to answer any questions relating to such offence after any such caution as aforesaid has been administered to him.

Whenever a police officer has made up his mind to charge a person with an offence under this Act, he shall first caution such person, in the manner prescribed in subsections (1) and (2) before asking him any questions or any further questions as the case may be.

For the purposes of this section “offence under this Act”

means—