Malaysia legislation

Section 38

of TELECOMMUNICATIONS ACT 1950

Section 38

(a)

establish any radiocommunication station or instal or work any radiocommunication apparatus in any place in Malaysia or on board any local vessel or local aircraft or in any vehicle; or

(b)

offer for sale, sell, or have in his possession with a view to sale radiocommunication apparatus or material, except under and in accordance with a licence granted under this Part;

Provided ---

(2)

Every such licence shall be in such form and for such period as the Minister determines and shall contain such terms, conditions and restrictions, on and subject to which the licence is granted, as the Minister considers desirable in the public interest.

(3)

Any person who is in possession of any radiocommunication apparatus intended for transmitting or receiving messages by radiocommunication shall be deemed until the contrary is proved to have worked the same.

(4)

The occupier of any dwelling-house or premises in which is installed any radiocommunication apparatus for receiving any messages by radiocommunication in respect of which a licence is not in force shall be guilty of an offence against this Part.

(5)

It shall be a defence to a prosecution for an offence against subsection (4) that the occupier was not aware and could not with reasonable diligence have become aware of the existence in the dwelling-house or premises of the radio-communication apparatus in question.