Malaysia legislation
Section 4
Section 4
(1)
Where any person who desires to promote a collection in Sabah makes to the
Commissioner an application in the prescribed manner specifying the purpose of the collection, and furnishes him with the prescribed information, the Commissioner may, subject to the following provisions of this section and to such conditions as he shall think fit to impose, grant to him a licence authorising him to promote a collection for that purpose.
(2)
A licence granted under the provisions of this section shall be for such period as the Commissioner may in his absolute discretion determine. The period in respect of which such licence is granted shall be specified in the licence.
(3)
Every application for a licence shall specify an address within Sabah for service on the applicant of any notice or other communication required to be served on him.
(4)
The Commissioner may, in his absolute discretion, refuse to grant a licence or may at any time revoke a licence granted by him, if it appears to him –
(a)
that too short a period has elapsed since the last grant of a licence for a collection for the same or any similar purpose;
(b)
that the total amount likely to be applied for the purpose of the collection from the proceeds thereof (including any amount already so applied) is inadequate in proportion to the value of the proceeds likely to be received
(including any proceeds already received);
(c)
that remuneration which is excessive in relation to the total amount aforesaid is likely to be, or has been, retained or received out of the proceeds of the collection by any person;
(d)
that the grant of a licence would be likely to facilitate the commission of an offence under any written law, or that any such offence has been committed in connection with the collection, and in particular, that any
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force, threat or compulsion is likely to be, or has been, used in order to obtain any contribution for the purpose of the collection;
(e)
that the applicant or the holder of the licence is not a fit and proper person to hold a licence by reason of the fact that he has been convicted, whether in Sabah or elsewhere, of any offence conviction for which necessarily involved or implied a finding that he had acted fraudulently or dishonestly, or of any offence of a kind the commission of which would be likely to be facilitated by the grant of a licence;
(f)
that the applicant or the holder of the licence, in promoting a collection in respect of which a licence has been granted to him, has failed to exercise due diligence to secure that persons authorised by him to act as collectors for the purposes of the collection were fit and proper persons, to secure compliance on the part of persons so authorised with the provisions of this
Ordinance or to prevent prescribed badges or prescribed certificates of authority being obtained by persons not so authorised;
(g)
that the collection is in aid of, or that the promoter or any of the collectors are members of, an unlawful society, or that the purpose of the collection is illegal, fictitious or objectionable on grounds of public policy, or that the refusal or revocation of a licence is otherwise desirable in the public interest;
(h)
that the applicant or the holder of the licence has furnished false information to the Commissioner or has refused or neglected to furnish to the Commissioner such information as he may have reasonably required for the purpose of informing himself as to any of the matters specified in the foregoing paragraphs.
(5)
When the Commissioner refuses to grant a licence or revokes a licence which has been granted, he shall forthwith give written notice to the applicant or the holder of the licence stating upon which one or more of the grounds set out in subsection (4) the licence has been refused or revoked and informing him of the right of appeal given by this section, and the applicant or the holder of the licence may thereupon appeal to the Minister against the refusal or revocation of the licence as the case may be and the decision of the Minister
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shall be final:
Provided that in any case in which the refusal or revocation by the Commissioner was based on any ground mentioned in paragraph (f) of subsection (4) the Commissioner may decline to state his reasons for such refusal or revocation or to disclose the nature or source of the information on which he acted.
(6)
The time within which any such appeal may be brought shall be fourteen days from the date on which notice is given under subsection (5).
(7)
If the Minister decides that the appeal shall be allowed, the Commissioner shall forthwith issue a licence or cancel the revocation as the case may be in accordance with the decision of the Minister.
Regulations.