015e.fm Page 10 Monday, March 27, 2006 11:41 AM
10
Laws of Malaysia
A CT 15
(3) Nothing in this Act shall affect the power of the court to
punish any person contravening an order made under this section
for contempt of court:
Provided that no person shall be punished twice for the same
offence.
Power of court to prohibit circulation of seditious publications
10. (1) Whenever on the application of the Public Prosecutor it
is shown to the satisfaction of the court that the issue or circulation of
a seditious publication is or if commenced or continued would be
likely to lead to unlawful violence, or appears to have the object
of promoting feeling of hostility between different classes or races
of the community, the court shall make an order (in this section
called a “prohibition order”) prohibiting the issuing and circulation of
that publication (in this section called a “prohibited publication”)
and requiring every person having any copy of the prohibited
publication in his possession, power, or control forthwith to
deliver every such copy into the custody of the police.
(2) An order under this section may be made ex parte on the
application of the Public Prosecutor in chambers.
(3) It shall be sufficient if the order so describes the prohibited
publication that it can be identified by a reasonable person who
compares the prohibited publication with the description in the
prohibition order.
(4) Every person on whom a copy of a prohibition order is
served by any police officer shall forthwith deliver to that police
officer every prohibited publication in his possession, power, or
control, and, if he fails to do so, he shall be guilty of an offence
and shall, on conviction, be liable to a fine not exceeding one
thousand ringgit or to imprisonment for a term not exceeding one
year or to both.
(5) Every person to whose knowledge it shall come that a
prohibited publication is in his possession, power, or control shall
forthwith deliver every such publication into the custody of the
police, and, if he fails to do so, he shall be guilty of an offence
and shall, on conviction, be liable to a fine not exceeding one
thousand ringgit or to imprisonment for a term not exceeding one
year or to both.