Entertainment Ordinance, 2000

This Ordinance shall not apply—

plays, dramas, operas, variety shows, concerts, dances, beauty contests, playing of music and songs

(whether with live band or other instruments or equipment), providing facilities like lounges, pubs or bars, with or without the sale or supply of alcoholic drinks or food;

displays of fireworks, set pieces, commemo-rative decorations and representations of real or mythical creatures;

circuses and exhibitions of animals;

exhibitions of models, reading matters, pictures, photographs or of statuary or other forms of representation of human or animal figures;

exhibitions of cinematograph films, video recordings and puppet-shows;

reproductions or transmissions otherwise than in association with a cinematograph film, by any means whatsoever other than telephony or radio telephony, of any music, song or speech;

machines and devices by the manipulation of which chances are given of obtaining prizes in money or kind;

pin-tables;

video games;

bowling alleys, skating rinks, billiards or snooker;

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amusement centres and fun fairs;

any combination of any of the above forms of entertainment; or

any other entertainment which the Minister may, from time to time by order in the Gazette, declare, in any place to which members of the public are admitted with or without payment of money or other consideration;

“exhibition of cinematograph film” means an exhibition of moving pictures produced on a screen by means of a cinematograph or other similar apparatus, and includes the production of any music, speech, noise or other sound what-soever, which accompanies the projection;

“local authority” means any local authority constituted under or named in the First Schedule to the Local Authorities

Ordinance, 1996 [Cap. 20];

“Minister” means the Minister having responsibilities for local authorities;

“pin-table” means any coin or disc operated table, board or other appliance designed to enable the operator to play a game, success in which is measured by the propulsion of one or more movable objects towards targets or goals or by the attainment of a number of points or by both;

“place of entertainment” means any place on which there is any erection or structure, any premises or building whether temporary or permanent or any water-borne craft or other place in or at which an entertainment is provided and to which the public are admitted with or without payment for admission, and includes any amusement park;

“scheduled entertainment” means any of the entertainments listed in the First Schedule;

“video games” include any other similar games whether operated mechanically, electrically or by any other means;

“video recording” means any disc, magnetic tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture.

Without prejudice to the generality of subsection (1), any direction issued by the Minister may impose or specify⎯

A local authority shall, in the administration of this

Ordinance, give full effect to any direction issued by the Minister under this section.

a licence to provide such entertainment; and

a licence to operate such place of entertainment.

Nothing in this section shall be deemed to authorize a local authority to issue any licence for any entertainment listed in the First

Schedule without compliance with any special direction issued by the

Minister pursuant to section 3.

Any person who contravenes this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

The local authority may, in its discretion, grant a licence with or without attaching any conditions thereto, or refuse to grant such a licence.

Where a licence is granted, such licence shall be issued upon payment of the prescribed fee.

No entertainment licence shall be granted under this

Ordinance unless a prior licence has been obtained from the local authority to operate the place of entertainment at which that entertainment is going to be provided:

Provided that where upon request of the applicant the local authority may issue a composite licence under section 5(1)(a) and (b).

particulars of persons concerned in the promotion of the entertainment and the interests represented by those persons;

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particulars of the persons who have agreed to participate or have participated in the entertainment or have been invited to do so and the interests represented by those persons;

and

the purpose to which any profits from the entertainment are intended to be or have been applied.

For the purpose of considering an application for a licence to operate a place of entertainment, the Chief Administrative Officer may require the applicant to furnish to him such additional information as he may require.

The local authority may by notice in writing addressed to the licensee, forfeit the security or any part thereof if it is satisfied that there has been any breach of the conditions or restrictions of the licence or a contravention of the provisions of this Ordinance or its by-laws:

Provided that—

An appeal against the decision of a local authority to forfeit the deposit or any part thereof under this section may be made to the Minister in accordance with section 13.

Service of a notice of suspension or revocation of a licence shall be effected by—

The Chief Administrative Officer, any police officer not below the rank of Inspector or any authorized person in carrying out an investigation under this Ordinance or its by-laws may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

The person referred to in subsection (2) shall be bound to answer all questions relating to the case put to him by the Chief

Administrative Officer, police officer not below the rank of Inspector or any authorized person:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer and questions.

The Chief Administrative Officer, police officer not below the rank of Inspector or any authorized person in examining a person under this section shall first inform the person of the provision of subsections (3) and (4).

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and the Chief Administrative Officer, police officer not below the rank of Inspector or any authorized person shall endorse thereon under his hand the fact of the refusal and the reasons for it, if any, as stated by the person examined.

where the licence to operate such place of entertainment or the entertainment licence in respect thereof has been suspended or revoked;

to facilitate investigation into any crime or criminal activities that have been suspected to have been committed on the premises;

where there has been a contravention of any of the provisions of this Ordinance or its by-laws;

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where there has been a breach of any of the conditions or restrictions of the licence granted under this Ordinance; or

where the premises in which the entertainment is held is found to be unsafe or likely to endanger human life.

The closure order signed by any of the persons referred to in subsection (1) shall be for such period or duration as may be stipulated in the order or may be for an indefinite period.

Any person who is not satisfied with the closure order may, within twenty-one days from the date on which the closure order is served on him, appeal in writing to the Minister whose decision shall be final.

[Sub. Cap. A117.]

Enforcement of closure order

Upon issue of the closure order, the Chief Administrative

Officer may, by notice to any authority, body or corporation providing electricity, water or telecommunication services to the premises affected by the closure order, order to cease the supply of such services thereto for such period as may be specified in the notice or until and unless notification is received from the Chief Administrative

Officer to resume supply of such services.

Any person who⎯

any person reasonably believed to have committed an offence against this Ordinance or its by-laws; or

any person who refuses to give his name and address when it is requested for or if there is reason to doubt the accuracy of the name and the address given.

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Every person who is arrested under this section shall be taken to a police station and shall thereafter be dealt with in accordance to the provisions of the Criminal Procedure Code [Act 593].

[Sub. Cap. A117.]

The Chief Administrative Officer, police officer not below the rank of Inspector or the authorized person seizing, removing or detaining any goods, equipment, document or any other thing under subsection (1) shall prepare a list thereof and forthwith deliver a copy of the list signed by him to the occupier or proprietor of the place of entertainment or his servant or agent present at such place:

Provided that a court, the Chief Administrative Officer or any police officer not below the rank of Superintendent, may release any thing so seized under this section upon the furnishing of a bond or security sufficient to cover the value of the goods, equipment, document or any other thing seized, or to produce such goods, equipment, document or any other thing in court as and when required.

Any goods, equipment, document or any other thing seized, removed or detained under subsection (1) may—

All things forfeited shall be delivered to the Chief

Administrative Officer or to a police officer, as the case may be and shall be disposed of in accordance with the directions of the Chief

Administrative Officer or the police officer.

Things seized in respect of which there is no prosecution deemed to be forfeited if not claimed within two months 24.—

Any person asserting that he is the owner of any thing seized under this Ordinance and that it is not liable to forfeiture may, either personally or by his agent authorized in writing, give written notice to the Chief Administrative Officer that he claims the same.

On receipt of a notice under subsection (2), the Chief

Administrative Officer may direct that such things be released or he may direct that the matter be referred to a Magistrate.

The Magistrate shall issue a summons requiring the person asserting that he is the owner of the things seized and the person from whom they were seized to appear before him, and upon their appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence against this Ordinance or its by-laws has been committed and that such things were the subject matter or were used in the commission of such offence, shall order the same to be forfeited or, in the absence of such proof, shall order its release.

Obstruction

obstructs the Chief Administrative Officer, any police officer not below the rank of Inspector or any authorized person lawfully exercising any powers conferred on him by or under section 16 in entering or inspecting any place of entertainment or delays in producing any articles, books, accounts, tickets, or other documents or things which he has been called upon by the Chief

Administrative Officer, police officer or authorized person to produce and which are or ought to be in the ordinary course of business in his power to produce;

refuses to furnish any information which he may be required to furnish by the Chief Administrative Officer, police officer or authorized person, or who being required to furnish information by the Chief Administrative Officer, police officer not below the rank of Inspector or authorized person, furnishes false or misleading information; or

obstructs the seizure of any document or other thing under section 21, or the closure of any place of entertainment under section 17, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Any person who would have been guilty of an offence if anything had been done or omitted by him personally shall be guilty of the offence and liable to the same penalty if such thing had been done or omitted by his partner, agent or servant in the course of partnership business or in the course of his employment, as the case may be, unless he proves that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing or omission to do such thing:

Provided that nothing herein shall relieve the partner, agent or servant from liability to prosecution.

Conduct of prosecution in court

prescribing such fees as may be necessary for the purposes of this Ordinance;

prescribing the forms for application of licences and the licences to be issued under this Ordinance;

prescribing the procedures for the compounding of offences, seizure of goods and other things, forfeiture and disposal of goods and other things seized, under this Ordinance or its by-laws;

prescribing the entertainment or classes of entertain-ment or places of entertainment or classes of places of entertain-ment that are exempted from any provision of this Ordinance or its by-laws; and

providing for the regulation and inspection of places of entertainment.

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nothing contained in this Ordinance shall affect any person’s liability to be charged and prosecuted or punished for the offences committed under the repealed Ordinance before the coming into operation of this Ordinance; and

any action, suit or proceedings pending before the coming into operation of this Ordinance shall be continued under the repealed Ordinance as if this Ordinance had not been made.

Paragraphs (i) and (n) of section 91 of the Local

Authorities Ordinance, 1996 [Cap. 20], are repealed.

The Entertainments By-laws specified in the Second

Schedule and any licences issued thereunder shall continue to remain in force until revoked by the by-laws to be made under this Ordinance or the expiry of such licences.

FIRST SCHEDULE

(Section 2)

SCHEDULED ENTERTAINMENT