Section 1
This Act may be cited as the National Emblems (Control of
Display) Act 1949.
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Quick answer
NATIONAL EMBLEMS (CONTROL OF DISPLAY) ACT 1949 is Malaysia Act, cited as Act 193 1949, currently marked in force and first recorded in 1949.
Opening note
This Act may be cited as the National Emblems (Control of
Display) Act 1949.
Interpretation
“Minister” means the Minister charged with the responsibility for the control of national emblem;
“national emblem” means any flag, banner or other emblem being or purporting to be the flag, banner or other emblem of any
State, or the flag, banner or other emblem of any political organization claiming to be a national movement in any State or any likeness or resemblance however reproduced of any national leader or former national leader of any State or the leader or former leader of any such political organization.
“premises” means any land, building, vessel, vehicle or place whatsoever;
“school” means any premises or any part of any premises where persons are habitually taught whether in one or more classes;
“State” means any State or country, other than Malaysia and any
State included in Malaysia, and includes any dependency, possession or part of any State.
ACT 193 6
Display of national emblems in public or schools prohibited
For the purposes of this section, an emblem shall be deemed to be displayed in public, if it is displayed in any road, street, bridge, passage, footway or place over which the public or any class of the public have a right of way or to which they have access, whether on payment or otherwise, or if it is displayed in such manner as to be visible from any such road, street, bridge, passage, footway or place by any member of the public using the same or being therein.
Exceptions
Nothing in section 3 shall apply to—
the display of any national emblem of the State of which he is a national by any of the following persons:
any person duly accredited as a diplomatic representative of a foreign power or as a consular representative of a foreign power to Malaysia to whom an exequatur or provisional or other authorization has been granted by the Government;
any person in the service of a Commonwealth
Government or the Government of any British dependency or possession or of the Republic of
Ireland and officially recognized as representing that Government in Malaysia; or
any person upon whom the immunities and privileges referred to in Part II or Part III of the Schedule to the Diplomatic and Consular Privileges Ordinance 1957 [Ord. 53 of 1957] have been conferred under that Ordinance;
The Minister may, by order published in the Gazette or by a permit in writing, exempt from the provisions of section 3 the display of any national emblem specified in the order or permit, and such order or permit may regulate the manner of such display and the period during which such display may be permitted.
National Emblems (Control of Display)
7
Arrest without warrant
Any police officer may arrest without warrant any person whom he has reasonable cause to believe has committed or is committing an offence under this Act.
Power of entry and search
Any police officer may enter any premises where any national emblem is displayed contrary to this Act or the terms or conditions of any order or permit made or given under section 5 or any school in which he has reasonable cause to believe that an offence against this Act is being or has been committed and may search any premises or school so entered or any part thereof and may seize any article found therein which he has reasonable cause to believe to be evidence of the commission of any such offence.
Offences and penalties
displays any national emblem contrary to this Act or any condition of any order or permit made or given under section 5; or
being the owner, tenant, lessee, occupier or person in charge of any premises knowingly permits the display of any national emblem on or from those premises or within any school contrary to this Act or any condition of any order or permit made or given under section 5, shall be guilty of an offence and shall, on conviction, be liable—
in the case of a person other than a body corporate, to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred ringgit or to both;
in the case of a body corporate, to a fine not exceeding one thousand ringgit.
No prosecution shall be instituted under this Act without the prior consent, in writing, of the Public Prosecutor.
ACT 193 8
Act 193
LIST OF AMENDMENTS
Amending law
Short title
In force from
L.N. 332/1958
Federal Constitution (Modification 13-11-1958
of Laws) (Ordinances and
Proclamations) Order 1958
L.N. 185/1965
Modification of Laws (National 13-05-1965
Emblems) (Extension) Order 1965
Act 160
Malaysian Currency (Ringgit)
29-08-1975
Act 1975
National Emblems (Control of Display)
9
Act 193
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 2
L.N. 332/1958 13-11-1958 5
L.N. 332/1958 13-11-1958
KUALA LUMPUR