Minor Offences Act 1955

This Act may be cited as the Minor Offences Act 1955.

This Act shall apply to Peninsular Malaysia only.

In this Act unless the context otherwise requires—

The arcade of any house, where such arcade abuts on any street, notwithstanding any rights of property in the owner of such house, shall, for the purposes of this Act, be deemed to be a public footway.

A Chief Police Officer or any officer authorized by him in writing by name or office (in this section referred to as an “authorized officer”) may issue orders, which shall be published in the Gazette, authorizing the letting off of fireworks on certain fixed days, and at or between certain fixed hours, and within certain defined areas, and may in particular cases or at particular times issue to any person or body of persons licences for the letting off of fireworks.

No such order or licence shall be deemed to authorize or permit the letting off of bombs or sand crackers.

Every licence issued under this section shall state the place where and the hours between which the fireworks may be let off and the description of fireworks which may be used, and may contain such conditions as the Chief Police Officer or authorized officer may think fit to impose.

No authority so published, or licence so issued, shall be held to relieve any person from liability in the event of any damage, loss or injury to person or property being caused by the letting off of such fireworks.

Any person who lets off any firework, except in accordance with the terms of an order or a licence issued under this section, shall be liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding one month or to both.

Any person who without lawful excuse sets fire to or burns any material to the annoyance, inconvenience or danger of the public, or discharges any firearm or airgun, or sends up any fire balloon or rocket in or near any public road shall be liable to a fine not exceeding fifty ringgit.

ANIMALS

Every veterinary authority and every game warden and, in the absence of a veterinary authority or game warden, every police officer shall secure any animal reasonably suspected to be mad or dangerous, and any wild animal found at large in or near any public place under circumstances of danger to the public.

If there is reasonable ground to believe that any such mad, dangerous or wild animal cannot be secured without risk of injury to the person of the veterinary authority, game warden or police officer attempting to secure the same, such veterinary authority, game warden or police officer may shoot or otherwise destroy such animals.

In this section “veterinary authority” shall have the same meaning as in the Animals Act 1953 [Act 647], and “game warden”

If it is proved to the satisfaction of a magistrate that any dog is in the habit of running at persons or at vehicles, horses, cattle, sheep, goats or pigs passing along a public road, the owner of such dog shall be liable to a fine not exceeding one hundred ringgit.

The owner of every dog which shall cause injury to any person shall be liable to a fine not exceeding fifty ringgit; and compensation for any such injury not exceeding one hundred ringgit shall be assessed by the magistrate and shall be recoverable in the manner provided by law for the recovery of fines before magistrates, in addition to any other fine imposed under this subsection, from the owner of the dog and shall be payable to the person injured.

In any prosecution relating to any dog under subsection (1), it shall not be necessary to show a previous vicious propensity in such dog or the owner’s knowledge of such previous propensity or that the injury was attributable to neglect on the part of such owner.

The occupier of any house or premises where any dog was kept or permitted to live or remain at the time of causing any such injury as is referred to in subsection (1) shall be deemed to be the owner of such dog and shall be liable as such unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed and that such dog was kept or permitted to live or remain in the said house or premises without his sanction or knowledge:

No compensation shall be payable to any person under this section in respect of injury sustained in any house or premises except upon proof that he entered such house or premises in the ordinary course of his duties or with the express or implied permission of the occupier.

No criminal liability shall arise under this section in respect of any injury sustained by any person in any house or premises unless such person has entered such house or premises in the ordinary course of his duties or with the express or implied permission of the occupier.

The owner shall not be liable under this section for any injury sustained by any person where such injury was attributable to any wrongful act of such person.

Any person who without lawful excuse sets on or urges any dog or other animal to attack, worry or put in fear any person or animal, shall be liable to a fine not exceeding one hundred ringgit.

Whoever being the owner or person in charge of any horse, cattle, sheep, goat or pig allows such animal to stray upon any public road or upon any public or private property shall be liable to a fine not exceeding one hundred ringgit in respect of each animal, and all damage done by such animal shall be assessed by a magistrate, and shall be recoverable in the manner provided by law for the recovery of fines before magistrates, together with any amount to be levied as fines, from the owner of the animal.

In the case of damage to private property the amount of damages recovered shall be paid to such person as the magistrate may direct.

No horses, cattle, sheep, goats or pigs shall be led or driven on any public road between the hours of sunset and sunrise unless such animals are in charge of at least one adult person carrying a light visible within a reasonable distance both in the direction in which such animals are being led or driven and in the reverse direction.

If any such animals are led or driven on any public road in contravention of the provisions of this section the owner and any person in charge of such animals shall be liable to a fine not exceeding one hundred ringgit.

Any person who—

leads, drives or rides any horse, cattle, sheep, goat or pig on any public road in such a manner as not to have control over the same or in such a manner as to cause danger or obstruction to persons or traffic moving on the road;

drives, rides or leads any elephant on any public road without the permission of the Chief Police Officer or of an officer authorized by him in writing by name or office;

drives or rides any animal in a manner so rash or negligent as to indicate a want of due regard for the safety of others;

being in charge of any horse, cattle, sheep, goat or pig in any public road or public place fails to take proper steps to keep such animals under proper control;

exposes in any public road for show, hire or sale any horse or other animal or cleans or dresses any horse or other animal in such a manner as to interfere with the traffic, shall be liable to a fine not exceeding fifty ringgit.

Any person who—

without lawful authority or excuse lays any stone, brick or other article on any public road so as to cause an obstruction thereto or so as to make the use of the road less convenient;

allows to remain on any public road any article which has fallen from any vehicle of which he is in charge;

rides or drives any vehicle upon any public footway;

causes or allows goods or other articles to rest on any public footway or other part of a public road or otherwise causes or allows such goods or other articles to create obstruction or inconvenience to the passage of the public for a longer time than may be absolutely necessary for loading or unloading such goods or other articles;

flies any kite or plays at any game or does any act which unreasonably obstructs or interferes with the traffic in any public road, or the wires of any telephone or telegraph, or public electric lighting system, shall be liable to a fine not exceeding fifty ringgit.

Any person who—

Any police officer not below the rank of Inspector, on the complaint of a house holder that the noise of any such instrument is dangerous to any sick person living near the place where such instrument is being operated, or for any other good and sufficient

Nothing in this section shall apply to any music played by any of the armed forces of Malaysia or by any local force or visiting force or by the police force or to any call, prayer or other sound produced for religious purpose or to police whistles blown by any person for the purpose of calling assistance or to the reasonable use of any horn, bell, whistle or similar appliance on any motor car, bicycle or other vehicle on a public road for the purpose of avoiding an accident, or to anything done with the permission of the Chief Police Officer.

Any person who uses any indecent, threatening, abusive or insulting words, or behaves in a threatening or insulting manner, or posts up or affixes or exhibits any indecent, threatening, abusive or insulting written paper or drawing with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned, shall be liable to a fine not exceeding one hundred ringgit.

Any person who—

Any person who without authority in the case of public property or without the consent of the owner or occupier in the case of private property—

Any person who in any Government office or in the office of any public authority, or in the vicinity thereof offers, or solicits to offer, or loiters for the purpose of offering, for profit or reward his services to any person having business in that office or any other office (whether or not the services so offered relate

any person who is licensed under any written law or is otherwise authorized to act as a petition writer; and

any officer in the office specifically appointed to advise the public on the business carried on in the said office.

For the purpose of this section “Government office” includes the office of the Registrar of Federal Court, the High Court, Sessions

Any person offering or soliciting to offer his services or loitering in any office mentioned in subsection (1) or in the vicinity thereof shall be presumed until the contrary is proved to have offered or solicited to offer, as the case may be, his services for profit or reward.

Any person who knowingly detains, buys, exchanges or receives from any person serving in the armed forces of Malaysia or in any local force or visiting force or from any member of the police force of Malaysia or of Singapore any accoutrements, clothing or other military, naval, air force or police stores or necessaries, or any other property belonging to the Government of Malaysia or of Singapore or the Government of the country to which such visiting force belongs, or any medal for good conduct or for distinguished or other services, or who has in his possession or keeping any such accoutrements, clothing or other military, naval, air force or police stores or necessaries or other property or medal as above and does not give a satisfactory account how he came by the same shall be liable to a fine not exceeding fifty ringgit or to imprisonment for a term not exceeding six weeks or to both.

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Minor Offences

Any person who, not being a person serving in the armed forces of Malaysia or in any local force or visiting force or a member of the police force, takes or attempts to take into any military barrack, guardroom or encampment, or on board or alongside any vessel-of-war belonging to or transport hired by the Government of Malaysia or of the country to which any visiting force belongs, or any vessel in the service of the Government of Malaysia or of any State in any port in Malaysia or into any police barrack, police station or lock-up or into any public hospital or mental hospital any intoxicating liquor, drug or preparation without the permission of the Commanding Officer or of the Chief Police Officer or of the person in charge of the public hospital or mental hospital, shall be liable to a fine not exceeding fifty ringgit or to imprisonment for a term not exceeding three months or to both and such liquor, drug or preparation and the vessels containing the same may be forfeited.

HOTELS AND PUBLIC HOUSES

The keeper of any hotel, boarding-house, public house, common lodging house, eating house, coffee shop or other place of public entertainment or resort who permits drunkenness or other disorderly behaviour in such house or place, or permits prostitutes or persons of notoriously bad character to meet or remain for the purpose of soliciting or misbehaving therein, shall be liable to a fine not exceeding three hundred ringgit or in the case of a second or subsequent offence to a fine not exceeding five hundred ringgit.

Whenever any person would be liable under the provisions of subsection (1) above to punishment for any act, omission, neglect or default, he shall be liable to the same punishment for every similar act, omission, neglect or default of any agent or servant employed by him in the course of his business as keeper of such hotel, boarding-house, public house, common lodging house, eating house, coffee shop or other place of public entertainment or resort;

Public pounds shall be provided and pound-keepers appointed at such places as the Menteri Besar or Chief Minister in the State may direct.

Any person may and any police officer shall seize all horses, cattle, goats, sheep and pigs found picketed, tethered, or straying upon any public road or trespassing on any public or private property, and confine such animals in a public pound.

Any animal so impounded may be redeemed by the owner thereof within ten days after being so impounded on payment to the pound-keeper of such fee as is fixed from time to time by the

Any animal not so redeemed as aforesaid may be publicly sold by order of the Chief Police Officer, and the proceeds of such sale after deducting the said fee and the expenses of feeding shall be paid to the owner of such animal, or if not claimed within a period of three months after such sale shall be retained by the

Any person who takes any animal out of a public pound without the knowledge and consent of the pound-keeper shall be liable to a fine not exceeding fifty ringgit.

Every pound-keeper shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Whoever deposits or causes to be deposited any dying person or any corpse in any public place or in any private place without the consent of the owner shall be liable to a fine not exceeding two hundred and fifty ringgit or to imprisonment for a term not exceeding six months or to both.

If a police officer reasonably suspects any person at a lawful public meeting of acting or inciting others to act in a manner likely to cause a breach of the peace or of persistently interrupting the proceedings at such meeting in a manner likely to prevent the transaction of the business for which such meeting was convened, he may, if so requested by the chairman of such meeting, require such person forthwith to leave the place where such meeting is being held until after the conclusion of the proceedings thereof.

Any person who fails to comply with the requirement of a police officer made under subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding two months or to both.

Any person who is found drunk and incapable of taking care of himself, or is guilty of any riotous, disorderly or indecent behaviour, or of persistently soliciting or importuning for immoral purposes in any public road or in any public place or place of public amusement or resort, or in the immediate vicinity of any

Court or of any public office or police station or place of worship, shall be liable to a fine not exceeding twenty-five ringgit or to imprisonment for a term not exceeding fourteen days, and on a second or subsequent conviction to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding three months or to both.

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Whoever, without satisfactory excuse, wilfully trespasses in or upon any dwelling-house or premises, or upon any land attached thereto, or upon any boat or vessel, or upon any land belonging to the Government of Malaysia or of any State or appropriated to any public purpose, not thereby in any of the above cases causing any actual damage, or not causing, in the opinion of the Magistrate, more than nominal damage, shall be liable to a fine not exceeding fifty ringgit.

(Deleted by Ord. 43 of 1958).

Any person, not being a member of the armed forces of

Malaysia or of any local force or visiting force or of the police force of Malaysia, who—

is present at or attends any meeting or assembly of persons for the purpose of training or drilling themselves, or of being trained or drilled, to the military use of arms, or for the purpose of practising military exercises or evolutions; or

is present at or attends any such meeting or assembly for the purpose of training or drilling any other person or persons to the military use of arms or the practice of military exercises or evolutions; or

trains or drills any other person or persons to the military use of arms or the practice of military exercises or evolutions or in any way aids or assists therein, may be arrested by any police officer without warrant and shall be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding six months or to both.

Whoever wears without due permission the uniform appointed for the use of any of the armed forces of Malaysia or of any local force or visiting force or of the police force of Malaysia or of

Singapore or of any Government or Local Authority or any dress having the appearance or bearing any of the regimental or other

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Minor Offences distinctive badges of such uniform or any colourable imitation thereof shall be liable on conviction to a fine not exceeding fifty ringgit, and any such uniform, dress, badge or mark may be forfeited:

Provided that nothing in this section shall affect the wearing of such uniform for the purpose of any theatrical performance.

Any person, not being a member of the armed forces of

Any person, without the written permission of the Minister, who makes, manufactures, sells, buys, imports or exports any camouflage cloth or any camouflage uniform or any part thereof or anything resembling camouflage uniform or camouflage cloth shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

For the purposes of this section—

The Minister may by order from time to time amend the

Whoever unlawfully emplaces or erects or causes to be emplaced or erected any boundary mark to indicate or apparently to indicate a boundary of any land shall be liable to a fine not exceeding five hundred ringgit.

In this section “boundary mark” includes a mark in the form of a broad arrow or any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar, or any other survey mark.

Every hawker wandering abroad and trading without being duly licensed or otherwise authorized by law;

every prostitute behaving in a disorderly or indecent manner in or near any public road or in any place of public resort;

every person begging in a public place, or in a place to which the public are admitted without payment or on payment, or using in any such place conduct calculated to induce the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise), and having or able to have other lawful means of livelihood;

every person resorting to begging within two years of having been an inmate in a welfare home under the Destitute