015e.fm Page 8 Monday, March 27, 2006 11:41 AM
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Laws of Malaysia
A CT 15
two thousand ringgit or to imprisonment for a term not exceeding
eighteen months or to both, and, for a subsequent offence, to
imprisonment for a term not exceeding three years, and the
publication shall be forfeited and may be destroyed or otherwise
disposed of as the court directs.
Legal proceedings
5. No person shall be prosecuted for an offence under section 4
without the written consent of the Public Prosecutor. In such
written consent the Public Prosecutor may designate any court
within Malaysia to be the court of trial.
Evidence
6. (1) Notwithstanding anything to the contrary contained in
the Evidence Act [Act 56], no person shall be convicted of an
offence under section 4 on the uncorroborated testimony of one
witness.
(2) No person shall be convicted of any offence referred to in
paragraph 4(1)(c) or (d) if the person proves that the publication
in respect of which he is charged was printed, published, sold,
offered for sale, distributed, reproduced or imported without his
authority, consent and knowledge and without any want of due care
or caution on his part, or that he did not know and had no reason
to believe that the publication had a seditious tendency.
Innocent receiver of seditious publication
7. Any person to whom any seditious publication is sent without
his knowledge or privity shall forthwith as soon as the nature of
its contents has become known to him deliver the publication to
the officer in charge of a police district or, in Sabah and Sarawak,
to an administrative officer or to the officer in charge of the
nearest police station, and any person who complies with the
provisions of this section shall not be liable to be convicted for
having in his possession the publication:
Provided that in any proceedings against that person the court
shall presume until the contrary be shown that the person knew
the contents of the publication at the time it first came into his
possession.