Ordinan No. 82 (Kuasa-Kuasa Perlu) DHARURAT,1971

JADUAL

Pindaan $ ^{2} $ kapada Ordinan Dadah Berbahaya, 1952

Peruntokan² yang di-pinda

Jenis Pindaan

"'aircraft' includes any kind of craft which may be used for the conveyance of passengers or goods by air;

'cannabis' (except where used in the expression 'cannabis resin') means the flowering or fruiting tops of any plant of the genus cannabis from which the resin has not been extracted, by whatever name they may be designated;

'cannabis resin' means the separated resin, whether crude or purified, obtained from any plant of the genus cannabis;

" 'Commission' means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations; "

"or of the Protocol or of the Single Convention";

"opium poppy' means a plant of the species Papaver somniferum L or the species Papaver setigerum D.C. and any plant from which morphine may be produced;

'poppy-straw' means all parts except the seeds of the opium poppy, after mowing;";

"Protocol' means the Protocol on Narcotic Drugs signed at Lake Success, New York, on the 11th day of December, 1946;";

Peruntokan2 yang di-pindaJenis Pindaan

7. Masokkan sa-lepas sahaja ta'arif"ship", ta'arif"Single Convention" yang berikut—

"Single Convention' means the Single Convention on Narcotic Drugs signed at New York on the 30th day of March, 1961;"Bahagian II...

1. Gantikan perkataan2"AND INDIAN HEMP" yang terdapat dalam kepala Bahagian II dengan perkataan"POPPY-STRAW AND CANNABIS";

"CANNABIS AND CANNABIS RESIN"Sekshen 8...Gantikan perkataan"the resin obtained from Indian hemp", dengan perkataan"cannabis, cannabis resin"Sekshen 9...Gantikan sekshen-kechil(1)(b) dengan yang berikut—

"

1. Gantikan perkataan2"five" dan"two" yang terdapat dalam sekshen-kechil(1) masing2dengan"ten" dan"three";

"(3) The Minister may by order amend Parts III, IV and V of the First Schedule to this Ordinance by including therein any drug or substance in respect of which an order had been made under the provision of sub-section(1) of this section or by removing thereof any drug or substance which has been exempted from the provisions of this Ordinance by an order or regulations made under the provisions of section 45 of this Ordinance."

Jenis Pindaan

"(2) No person shall have in his possession, custody or control any dangerous drug to which this Part applies unless he is authorised to be in possession, custody or control of such drug or is deemed to be so authorised under this Ordinance or the regulations made thereunder".

13 ... Gantikan perkataan $ ^{2} $ "to which this Part applies" yang terdapat dalam perenggan (a), dengan perkataan $ ^{2} $ "specified in Parts III and IV of the First Schedule to this Ordinance".

Sekshen 14 ... Gantikan perkataan $ ^{2} $ "to which this Part applies" yang terdapat dalam sekshen-kechil (1), dengan perkataan $ ^{2} $ "specified in Parts III and IV of the First Schedule to this Ordinance".

5 ... Gantikan perkataan $ ^{2} $ "to which this Part applies" yang terdapat dalam perenggan (a) dengan perkataan $ ^{2} $ "specified in Parts III and IV of the First Schedule to this Ordinance".

6 ... 1. Gantikan perkataan $ ^{2} $ "to which this Part applies" yang terdapat dalam sekshen-kechil (1) dengan perkataan $ ^{2} $ , "specified in Parts III, IV and V of the First Schedule to this Ordinance";

7 ... 1. Gantikan perkataan $ ^{2} $ dan angka "13th day of July, 1931" yang terdapat dalam sekshen-kechil (1), dengan perkataan $ ^{2} $ dan angka "30th day of March, 1961".

"or not being a substance listed in the First Schedule to this Ordinance".

Jenis Pindaan

Gantikan yang berikut bagi ta'arif "convention" Convention" means the Single Convention.

"(4) Notwithstanding the provisions of this section the Minister may in his absolute discretion authorise the temporary removal for safe custody of such quantities of dangerous drugs as may reasonably form part of the medical stores of any ship or aircraft on such terms and subject to such conditions as he shall think fit.";

"(i) The Secretary-General of the United Nations Organisation shall have communicated to the parties to the Single Convention under the provision of article 3 of the said Convention a decision of the Commission";

"(b) any hospital, infirmary, dispensary wholly or mainly maintained by a public authority out of public funds or such like institutions as he may approve from time to time."

Masokkan sekshen 45A baharu yang berikut—

45x. II-

Jenis Pindaan to this Ordinance and that, in the circumstances of the case, it is expedient to anticipate the decision; or he considers it expedient to add a substance to, or remove a substance from, or vary the First Schedule to this Ordinance;

he may by order make the requisite modifications in the said First Schedule."

Jadual Pertama Gantikan yang berikut bagi Jadual Pertama:

"FIRST SCHEDULE

(Sections 2, 11 (1) and 17 (3))

PART I

Raw Opium

Coca Leaves

Poppy Straw

Cannabis

PART II

Prepared Opium

Cannabis

Resin of Cannabis and substances of which such Resin forms the base.

PART III

Acetorphine

Acetylmetahdol

Allylprodine

Alphacetylmethadol

Alphameprodine

Alphamethadol

Alphaprodine

Aniloridine

Benzothidine

Benzylmorphine

Betacetylmethadol

Betamethadol

Betaprodine

Cannabis (Indian Hemp) and Cannabis resin (Resin of Indian Hemp)

Clonitazene

Coca Leaf

Cocaine

Codoxime

Jenis Pindaan

Concentrate of poppy straw (the material arising when poppy straw has entered into a process for the concentration of its alkaloids, when such material is made available in trade).

Desomorphine

Dextramoramide

Diampromide

Diethylthiambutene

Dihydromorphine

Dimenoxadol

Dimepheptanol

Dimethylthiambutene

Dioxapheyl butyrate

Diphenoxylate

Dipipanone

Ecgonine

Ethylmethylthiambutene

Etonitazene

Etorphine

Eto eridine

Fentanyl

Furethidine

Heroin

Hydrocodone

Hydromorphinol

Hydroxypethidine

Isomethadone

Ketobemidone

Levomethorphan

Levomoramide

Levophenacylmorphan

Levorphanol

Metazocine

Methadone

Methadone-Intermediate

Methyldesorphine

Methyldihydromorphine

Metopon

Moramide-Intermediate

Morpheridine

Morphine

Morphine Methobromid nitrogen morphine derivcular the morphine-N-c which is Codeine-N-oxic

Morphine Methobromide and other pentavalent nitrogen morphine derivatives, including in particular the morphine-N-oxide derivatives, one of which is Codeine-N-oxide

Jenis Pindaan

The isomers, unless specifically excepted, of the drugs in this Part whenever the existence of such isomers is possible within the specific chemical designation;

The esters and ethers, unless appearing in another Part, of the drugs in this Schedule whenever the existence of such esters or ethers is possible;

The salts of the drugs listed in this Part, including the salts of esters, ethers and isomers as provided above whenever the existence of such salts is possible.

PART IV

Acetyldihydrocodone

Codeine

Dihydrocodeine

Ethylmorphine

Jenis Pindean

Nicocodine Norcodeine Pholcodine

The isomers, unless specifically excepted, of the drugs in this Part whenever the existence of such isomers is possible within the specific chemical designation;

The salts of the drugs listed in this Part, including the salts of the isomers as provided above whenever the existence of such salts is possible.

PART V

PREPARATION FOR THE EXPORT OF WHICH EXPORT AUTHORISATIONS ARE NOT REQUIRED

Acetyldihydrocodeine

Codeine,

Dihydrocodeine

Ethylmorphine.

Norcodeine, and

Pholcodine when compounded with one or more other ingredients and containing not more than 100 milligrammes of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations.

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with 80 per cent of any other powdered ingredient containing no drug.

Jenis Piodaan

Gantikan perkataan $ ^{2} $ "exported by ship" dan "International Opium Convention, 1925, Article 25," yang terdapat dalam perenggan (3) dalam Peringatan dalam Borang B, masing $ ^{2} $ dengan perkataan "for the export of which" dan "the Single Convention, Article 31." Gantikan perkataan $ ^{2} $ "Name and date of exporter" yang terdapat dalam Borang E, dengan perkataan $ ^{2} $ "Date of export".

Di-istiharkan di-Istana Negara, Kuala Lumpur, pada 13hb Februari, 1971.

[MGN. (PA) R. 21.11/Jld. 8 (2).]

TUANKU ABDUL HALIM MU'ADZAM SHAH. Yang di-Pertuan Agong

LAWS OF MALAYSIA Ordinance 82

Repeated by Act A.112 / 71

EMERGENCY (ESSENTIAL POWERS) ORDINANCE No. 82, 1971

An Ordinance promulgated by the Yang di-Pertuan Agong under Article 150 (2) of the Constitution.

[18th February, 1971.]

WHEREAS by reason of the existence of a grave emergency threatening the security of Malaysia, a Proclamation of Emergency has been issued by the Yang di-Pertuan Agong under Article 150 of the Constitution;

AND WHEREAS Parliament was dissolved on the twentieth day of March, 1969, and is not sitting;

AND WHEREAS the Yang di-Pertuan Agong is satisfied that immediate action is required for an Ordinance to be promulgated to amend the Dangerous Drugs Ordinance, 1952;

IT IS HEREBY ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong pursuant to Clause (2) of Article 150 of the Federal Constitution as follows:

1. This Ordinance may be cited as the Emergency Short title. (Essential Powers) Ordinance, No. 82, 1971.

2. The Dangerous Drugs Ordinance, 1952 shall be read subject to the amendments thereto specified in the Schedule hereto.

SCHEDULB

Amendments of the Dangerous Drugs Ordinance, 1952

Provisions amended

Nature of Amendments

1. Immediately before the definition of "coca leaves" insert the following definitions of "aircraft", "cannabis" and "cannabis resin"—

"'aircraft' includes any kind of craft which may be used for the conveyance of passengers or goods by air;

'cannabis' (except where used in the expression 'cannabis resin') means the flowering or fruiting tops of any plant of the genus cannabis from which the resin has not been extracted, by whatever name they may be designated:

'cannabis resin' means the separated resin, whether crude or purified, obtained from any plant of the genus cannabis;";

2. Immediately after the definition of "coca leaves", insert the following definition of "Commission"—

3. In the definition of "corresponding law", insert the following between the words "Hague Convention" and the words "and any statement"—

"Commission' means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;";

"or of the Protocol or of the Single Convention";

4. Delete the definition of "Indian hemp";

5. Immediately after the definition of "offence under this Ordinance" insert the following definitions of "opium poppy" and "poppy straw"—

'opium poppy' means a plant of the species Papaver somniferum L or the species Papaver setigerum D.C. and any plant from which morphine may be produced;

'poppy-straw' means all parts except the seeds of the opium poppy, after mowing;";

6. Immediately after definition of "prepared opium". insert the following definition of "Protocol"—

"'Protocol' means the Protocol on Narcotic Drugs signed at Lake Success, New York, on the 11th day of December, 1946;";

7. Immediately after the definition of "ship", insert the following definition of "Single Convention"—

"Single Convention' means the Single Convention on Narcotic Drugs signed at New York on the 30th day of March, 1961;";

Part II ... 1. For the words "AND INDIAN HEMP" appearing in the heading under Part II thereof, substitute the words, "POPPY-STRAW AND CANNABIS";

2. For the words "or Indian hemp" wherever they occur under Part II thereof, substitute ", poppy-straw or cannabis".

Section 6 ... For the words "has in his possession" appearing therein, substitute the words "keeps or has in his possession, custody or control".

Section 7 ... For the figure "46" appearing in subsection (2) thereof, substitute the figure "47".

Part III... For the words "AND THE RESIN OF INDIAN HEMP" appearing in the heading under Part III thereof substitute the words "CANNABIS AND CANNABIS RESIN";

Section 8 For the words "the resin obtained from Indian hemp", substitute "cannabis, cannabis resin".

Section 9 For subsection (1) (b) thereof, substitute the following— "（b）keep or have in his possession, custody or control; or"

Section 10 1. For the words "five" and "two" appearing in subsection (1) thereof, substitute the words "ten" and "three" respectively;

2. For the words "two" and "one" appearing in subsection (2) thereof, substitute the words "five" and "two" respectively;

Section 11 1. For the word and figure "Part III" appearing in subsection 1 thereof, substitute the words and the figures "Parts III, IV and V";

2. For the word "drug" appearing in lines 4 and 13 of subsection 2 thereof substitute the word "substance";

3. Insert the following new subsection (3)—

"(3) The Minister may by order amend Parts III, IV and V of the First Schedule to this Ordinance by including therein any drug or substance in respect of which an order had been made under the provision of subsection (1) of this section or by removing thereof any drug or substance which has been exempted from the provisions of this Ordinance by an order or regulations made under the provisions of section 45 of this Ordinance."

Section 12 ... 1. For the subsection 1 thereof, substitute the following:

"(1) No person shall except under the authorisation of the Minister—

Nature of Amendments

2. Insert the following new subsection (2)—

"(2) No person shall have in his possession, custody or control any dangerous drug to which this Part applies unless he is authorised to be in possession, custody or control of such drug or is deemed to be so authorised under this Ordinance or the regulations made thereunder."

3. Re-number the existing subsection (2) thereof as subsection (3)."

Section 13 ... For the words, "to which this Part applies" appearing in paragraph (a) thereof, substitute the words "specified in Parts III and IV of the First Schedule to this Ordinance".

Section 14 ... For the words "to which this Part applies" appearing in subsection 1 thereof, substitute the words "specified in Parts III and IV of the First Schedule to this Ordinance".

Section 15 ... For the words "to which this Part applies" appearing in paragraph (a) thereof, substitute the words "specified in Parts III and IV of the First Schedule to this Ordinance".

Section 16 ... 1. For the words "to which this Part applies" appearing in subsection (1) thereof, substitute the words "specified in Parts III, IV and V of the First Schedule to this Ordinance";

2. For the words "to which this Part applies" appearing in paragraph (a) of subsection (2) thereof, substitute the words "specified in Parts III, IV and V of the First Schedule to this Ordinance".

1. For the words and figures "13th day of July, 1931" appearing in subsection (1) thereof, substitute the words and figures "30th day of March, 1961".

2. After the word "purposes" appearing in line 7 of subsection (1) thereof insert the following—

"or not being a substance listed in the First Schedule to this Ordinance".

3. For the words "article II of the Geneva Convention (No. 2)". appearing in subsection (2) thereof, substitute the words "article 3 of the Single Convention".

Section 18 ... Substitute the following for the definition of "convention"—

"Convention" means the Single Convention.

1. Insert the following new subsection (4)—

"(4) Notwithstanding the provisions of this section the Minister may in his absolute discretion authorise the temporary removal for safe custody of such quantities of dangerous drugs as may

Nature of Amendments reasonably form part of the medical stores of any ship or aircraft on such terms and subject to such conditions as he shall think fit.";

2. Re-number the existing subsection (4) as subsection (5).

1. Insert the words "or aircraft," immediately after the words "ship or war", wherever they appear in subsections (5) and (6) thereof;

2. Insert the word "aircraft", immediately after the words and brackets "(not being or having the status of a ship of war)", appearing in subsection (7) thereof.

1. For sub-paragraph (i) of paragraph (a) thereof, substitute the following—

"(i) The Secretary-General of the United Nations Organisation shall have communicated to the parties to the Single Convention under the provision of article 3 of the said Convention a decision of the Commission";

2. For paragraph (b) thereof, substitute the following—

"(b) any hospital, infirmary, dispensary wholly or mainly maintained by a public authority out of public funds or such like institutions as he may approve from time to time."

Insert the following new section 45A-

45A 1f—

he may by order make the requisite modifications in the said First Schedule.".

PART IRaw OpiumCoca LeavesPoppy StrawCannabisPART IIPrepared OpiumCannabisResin of Cannabis and substances of which such Resin forms the base.PART IIIAcetorphineAcetylmetahdolAllylprodineAlphacetylmethadolAlphameprodineAlphamethadolAlphaprodineAnileridineBenzethidineBenzylmorphineBetacetylmethadolBetamethadolBetaprodineCannabis (Indian Hemp) and Cannabis resin (Resin of Indian Hemp)ClonitazeneCoca LeafCocaineCodoximeConcentrate of poppy straw (the material arising when poppy straw has entered into a process for the concentration of its alkaloids, when such material is made available in trade).Desomorphine

Diampromide

Provisions amended

Diethylthiambutene

Dihydromorphine

Dimenoxadol

Dimepheptanol

Dimethylthiambutene

Dioxaphetyl butyrate

Diphenoxylate

Dipipanone

Ecgonine

Ethylmethylthiambutene

Etonitazene

Etorphine

Etoxeridine

Fentanyl

Furethidine

Heroin

Hydrocodone

Hydromorphinol

Hydroxypethidine

Isomethadone

Ketobemidone

Levomethorphan

Levomoramide

Levophenacylmorphan

Levorphanol

Metazocine

Methadone

Methadone-Intermediate

Methyldesorphine

Methyldihydromorphine

Metopon

Moramide-Intermediate

Morpheridine

Morphine

Morphine Methobromide nitrogen morphine deriva cular the morphine-N-ox which is Codeine-N-oxid

Morphine Methobromide and other pentavalent nitrogen morphine derivatives, including in particular the morphine-N-oxide derivatives, one of which is Codeine-N-oxide

Morphine-N-oxide

Nicodicodine

Nicomorphine

Noracymethadol

Norlevorphanol

Normethadone

The isomers, unless specifically excepted, of the drugs in this Part whenever the existence of such isomers is possible within the specific chemical designation;

The esters and ethers, unless appearing in another Part, of the drugs in this Schedule whenever the existence of such esters or ethers is possible;

The salts of the drugs listed in this Part, including the salts of esters, ethers and isomers as provided above whenever the existence of such salts is possible.

PART IV

Acetyldihydrocodeine

Codeine

Dihydrocodeine

Ethylmorphine

Nicocodine

Norcodeine

Pholcodine

Nature of Amendments

The isomers, unless specifically excepted, of the drugs in this Part whenever the existence of such isomers is possible within the specific chemical designation;

The salts of the drugs listed in this Part, including the salts of the somers as provided above whenever the existence of such salts is possible.

PART V

PREPARATION FOR THE EXPORT OF WHICH EXPORT AUTHORISATIONS ARE NOT REQUIRED

1. Preparations of:

Acetyldihydrocodeine

Codeine,

Dihydrocodeine

Ethylmorphine.

Norcodeine, and

Pholcodine when compounded with one or more other ingredients and containing not more than 100 milligrammes of the drug per dosage unit and with a concentration of not more than 2.5 per cent in individed preparations.

2. Preparations of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base and preparations of opium or morphine containing not more than 0.2 per cent of morphine calculated as anhydrous morphine base and compounded with one or more other ingredients and in such a way that the drug cannot be recovered by readily applicable means or in a yield which would constitute a risk to public health.

3. Preparations of diphenoxylate containing not more than 2.5 milligrammes of diphenoxylate calculated as base and not less than 25 microgrammes of atropine sulphate per dosage unit.

4. Pulvis ipecacuanhae et opil compositus

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with 80 per cent of any other powdered ingredient containing no drug.

5. Preparations conforming to any of the formulae listed in this Part and mixtures of such preparations with any material which contains no drug.

1. For the words "Indian hemp" appearing in paragraph (1) of Form A thereof, substitute the word "cannabis";

2. For the words in brackets appearing in paragraph (2) of Form A thereof, substitute the words "in the case of drugs and preparations included in Schedules I, II and III to the Single Convention".

Provisions amended Second Schedule (Form B)

Nature of Amendments

For the words "exported by ship" and "International Opium Convention, 1925, Article 25," appearing in paragraph (3) of the Note in Form B thereof, substitute the words "for the export of which" and "the Single Convention, Article 31." respectively.

Second Schedule (Form E)

For the words "Name and date of exporter" appearing in Form E thereof, substitute the words "Date of export".

Promulgated at Istana Negara, Kuala Lumpur, on 13th day of February, 1971.

[MGN. (PA) R. 21.11/Jld. 8 (2).]