Malaysia legislation

Section 17

of SARAWAK HERITAGE ORDINANCE, 2019

Section 17

(2)

The Director may, by notice in writing require any person in possession of or lawfully entitled to sell or dispose of any antiquity or any historical object not to sell or otherwise dispose of any such antiquity or historical object without giving notice in writing to him of such proposed transaction.

(3)

No person shall sell or otherwise dispose of—

(a)

any antiquity; or

(b)

any historical object, in respect of which a notice under subsection (2) has been given by the Director, until after a lapse of thirty days after the giving of notice by such person of his intention to sell or otherwise dispose of the antiquity or historical object and, in the meanwhile, it shall be lawful for the Director to purchase such antiquity or historical object at a reasonable price, notwithstanding any agreement which the owner may have entered into with another person.

(4)

Such price shall be fixed by agreement between the parties or, in default of such agreement, by submission to arbitration under the law relating to arbitration for the time being in force in Sarawak.

(5)

In any case where the Director has decided to purchase such antiquity or historical object, he shall be entitled to the custody and possession of the same on behalf of the Government and shall be 19

responsible for its recording, preservative treatment and ultimate disposal.

(6)

Any person who sells or otherwise disposes of an antiquity or historical object contrary to this section shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding five years or to both.

(7)

Any person who maliciously or negligently destroys, injures, defaces, displaces, disturbs or disfigures any antiquity in his possession or registered under section 16 or any antiquity or historical object in respect of which a notice under subsection (2) has been given shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two year or to both.

Compensation to finder of antiquities