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Contents  

Long Title

Part I PRELIMINARY

Part II OFFENCES AGAINST PUBLIC ORDER AND NUISANCE

Part III OTHER OFFENCES

Part IV VAGRANCY

Part V TOUTING

Part VI FRAUDULENT POSSESSION OF PROPERTY

Part VII MISCELLANEOUS

Legislative History

 
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On 20/08/2017, you requested the version in force on 20/08/2017 incorporating all amendments published on or before 20/08/2017. The closest version currently available is that of 01/06/2015.
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PART VI
FRAUDULENT POSSESSION OF PROPERTY
Fraudulent possession of property
35.
—(1)  Any person who has in his possession or conveys in any manner anything which may be reasonably suspected of being stolen or fraudulently obtained shall, if he fails to account satisfactorily how he came by the same, be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year or to both.
[10/89]
(2)  If any person charged with having or conveying anything stolen or fraudulently obtained declares that he received the same from some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person, the court may cause every such other person, and also, if necessary, every former or pretended purchaser or other person through whose possession the same has passed (if such other person is alleged to have had possession of the same within the jurisdiction of that court) to be brought before it and examined, and shall examine witnesses upon oath touching the same.
(3)  If it appears to such court that any person so brought before it had possession of such thing and had reasonable cause to believe the same to have been stolen or fraudulently obtained, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.
[10/89]
(4)  In this section, “possession” includes possession in a house, building, ship, vessel, boat or other place as well as possession in a public road or place.
(5)  Any person who —
(a)
having been convicted of an offence punishable under this section or under Chapter XII or XVII of the Penal Code (Cap. 224); or
(b)
having been convicted in Malaysia or in Brunei Darussalam of an offence of a nature similar to any of those offences,
is subsequently convicted of an offence punishable under this section shall be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
[10/89]
(6)  If information is given on oath to a Magistrate’s Court that there is cause to suspect that any property which may be reasonably suspected of being stolen or fraudulently obtained is within any house, building, ship, vessel, boat or other place, the Court may, by warrant directed to any police officer, cause the house, building, ship, vessel, boat or other place to be entered and searched at any hour of the day or night.
(7)  The information mentioned in subsection (6) shall describe the property which it is reasonably suspected has been stolen or fraudulently obtained, and shall also describe the house, building, ship, vessel, boat or other place in which the property is suspected to be.
(8)  If upon the making of the search any property, such as that described in the information, is found in the house, building, ship, vessel, boat or other place, the police officer making the search or some other police officer shall convey the property before a Magistrate’s Court or guard the property on the spot or otherwise dispose thereof in some place of safety.
(9)  The police officer making the search or some other police officer shall also take into custody and carry before a Magistrate’s Court every person in such house, building, ship, vessel, boat or other place in whose possession or under whose control such property is found.
(10)  Sections 31 and 37 of the Criminal Procedure Code 2010 shall apply to searches made under subsections (6), (7), (8) and (9).
[15/2010 wef 02/01/2011]
Secondhand dealers and money-changers to report property stolen or fraudulently obtained
36.
—(1)  When any property has been stolen or fraudulently obtained, and a written description of the property has been given by any police officer to any dealer in secondhand goods or money-changer, and property answering the description of the property is in the possession of such dealer or money-changer or afterwards comes into his possession or is offered to him for sale or exchange, he shall without undue delay give information of the property to any police officer or at a police station, and shall at the same time state the name and address given by the person from whom he received that property or by whom it was offered to him for sale or exchange.
[10/89]
(2)  Any person who fails to give such information as he is required to give by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(3)  When, in the opinion of the court, the property is of such a nature as to be difficult to identify no fine shall be inflicted under this section unless the court is of opinion that the property has been wilfully concealed by the accused.
[10/89]
Melting or defacing metals, etc., within 3 days of receipt
37.  If any pawnbroker or any dealer in secondhand goods or any worker in platinum, gold or silver, or any dealer in platinum, gold or silver articles, within 3 days of receipt of any goods or any such metals or articles, or after receiving information from a police officer that any specified goods, metals or articles, have been stolen or fraudulently obtained, melts, alters, defaces, or puts away the same or causes the same to be melted, altered, defaced, or put away, without the previous permission of the Director, Criminal Investigation Department, and it is found that such goods, metals or articles were stolen or fraudulently obtained, such pawnbroker, secondhand dealer, worker or dealer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[10/89]
Register of workers and dealers in metals
38.  Every worker in platinum, gold or silver and every dealer in platinum, gold or silver articles shall be registered by the Director, Criminal Investigation Department in a register to be maintained by him for the purpose and any such worker or dealer who carries on business as such without being so registered shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
[10/89]
Employees not affected
39.  Nothing in sections 37 and 38 shall apply to any person employed by any worker in platinum, gold or silver, or by any dealer in platinum, gold or silver articles, for the purposes of his business on the premises in respect of which the worker or dealer is registered under section 38.