Dangerous Drugs Ordinance, 1952

by Federal Legislative Council of Malaya

Layout 2

Federation of Malaya.

No. 30 of 1952.

The Dangerous Drugs Ordinance, 1952.

Their Highnesses the Rulers of the Malay States assent hereto	I assent
Rulers’ Seal	Public Seal of the Federation

Witnesses to the affixing of the Rulers’ Seal:

Abu Bakar bin Abdullah
(in Malay)
Sultan of Pahang.

G. W. R. Templer,
High Commissioner.

Raja Yussuf Sultan of Perak. 24th July, 1952.

22nd July, 1952.

An Ordinance to make further and better provision for the regulation of the importation, exportation, manufacture, sale, and use of opium and of certain other dangerous drugs and substances and for purposes connected therewith.

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IT IS HEREBY ENACTED by the High Commissioner of the Federation of Malaya and Their Highnesses the Rulers of the Malay States with the advice and consent of the Legislative Council as follows:

Short title and commencement. 1. This Ordinance may be cited as the Dangerous Drugs Ordinance, 1952, and shall come into force on such date as the High Commissioner may, by notification in the Gazette, appoint.

Part I.
INTERPRETATION AND DEFINITIONS.

Interpretation. 2. In this Ordinance, unless the context otherwise requires—

“coca leaves” means the leaves of any plant of the genus of the Erythroxylaceæ from which cocaine can be extracted either directly or by chemical transformation;

“conveyance” includes ship, train, vehicle, aircraft, or any other means of transport by which persons or goods can be carried;

“corresponding law” means any law stated in a certificate purporting to be issued by or on behalf of the Government of any country or territory to be a law providing for the control and regulation in that country or territory of the manufacture, sale, use, export, and import of drugs and substances in accordance with the provisions of the Geneva Convention (No. 1) or of the Geneva Convention (No. 2) or of the Hague Convention and any statement in any such certificate (or in any official copy thereof) as to the effect of the law mentioned in the certificate (or in any official copy thereof), or any statement in any such certificate (or in any official copy thereof) that any facts constitute an offence against that law, shall be conclusive;

“crude cocaine” means any extract of the coca leaf which can be used directly or indirectly for the manufacture of cocaine;

“dangerous drug” means any drug or substance which is for the time being comprised in the First Schedule to this Ordinance;

“export”, with its grammatical variations and cognate expressions, in relation to the Federation, means to take or cause to be taken out of the Federation by land, air or water, otherwise than in transit;

“Geneva Convention (No. 1)” means the Convention concluded at the Second Opium Conference held at Geneva for the purpose of completing and strengthening the provisions of the Hague Convention and signed at Geneva on the 19th day of February, 1925;

“Geneva Convention (No. 2)” means the Convention concluded at a Conference held at Geneva for the purpose of supplementing the Hague Convention and the Geneva Convention (No. 1) and signed at Geneva on the 13th day of July, 1931;

“Hague Convention” means the International Opium Convention signed at the Hague on the 23rd day of January, 1912;

“import”, with its grammatical variations and cognate expressions, in relation to the Federation, means to bring, or to cause to be brought into the Federation by land, air or water, otherwise than in transit;

“Indian hemp” means the dried flowering or fruiting tops of the pistillate plant Cannabis Sativa, L., from which the resin has not been extracted, under whatever name they may be designated in commerce;

“Inspector” means an Inspector of Dangerous Drugs and Poisons appointed under section 3 of this Ordinance;

“in transit” means taken or sent from any country and brought into the Federation by land, air or water (whether or not landed or transhipped in the Federation) for the sole purpose of being carried to another country either by the same or another conveyance;

“medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise, or mixed with neutral materials;

“offence under this Ordinance” includes an offence under any regulation made under this Ordinance;

“premises” includes any house, shop, store, room, cubicle, shed, conveyance, or any place whether open or enclosed;

“prepared opium” means the substance commonly called chandu and means opium prepared or re-prepared so as to be suitable for smoking or consumption otherwise and includes dross and any other residues remaining after such opium has been smoked;

“raw opium” means the spontaneously coagulated juice obtained from the plant Papaver somniferum, L., which has not undergone the processes necessary to convert it to medicinal opium, whatever its content of morphine;

“registered medical practitioner” means a medical practitioner registered under any written law relating to the registration of medical practitioners from time to time in force in the Federation or any part thereof;

“registered dentist” means a dentist registered under the F. of M. Ord. No. 7 of 1948.Registration of Dentists Ordinance, 1948;

“registered pharmacist” means a pharmacist registered under the F. of M. Ord. No. 62 of 1951.Registration of Pharmacists Ordinance, 1951;

“ship” includes every description of ship, boat or craft used in navigation, whether propelled by oars or otherwise, or used for the carriage or storage of goods;

“syringe” means any instrument suitable for the administration of hypodermic injections;

“veterinary surgeon” means a person who is a member of the Royal College of Veterinary Surgeons of England or who holds a degree or a diploma of any other veterinary institution or examining body approved by the High Commissioner in Council.

Appointment of Inspectors. 3. The High Commissioner may appoint such persons as he may think fit to be Inspectors of Dangerous Drugs and Poisons for the purposes of this Ordinance.

Part II.
CONTROL OF RAW OPIUM, COCA LEAVES AND INDIAN HEMP.

Restriction on importation of raw opium, coca leaves and Indian hemp. 4. (1) No person shall import into the Federation any raw opium, coca leaves or Indian hemp except under and in accordance with the authorisation of the High Commissioner and into such ports or places as may be prescribed by such authorisation.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Restriction on exportation of raw opium, coca leaves and Indian hemp. 5. (1) No person shall export from the Federation Restriction on any raw opium, coca leaves or Indian hemp except under and in accordance with the authorisation of the High Commissioner and from such ports or places as may be prescribed by such authorisation.

(2) If at any time the importation of raw opium, coca leaves or Indian hemp into any country or territory is prohibited or restricted by the laws of that country or territory, there shall, while that prohibition or restriction is in force, be attached to every authorisation issued under this Part authorising the exportation of raw opium, coca leaves or Indian hemp from the Federation such conditions as appear to the High Commissioner necessary for preventing or restricting, as the case may be, the exportation of raw opium, coca leaves or Indian hemp from the Federation to that country or territory during such time as the importation of raw opium, coca leaves or Indian hemp into that country or territory is so prohibited or restricted, and any such authorisations issued before the said prohibition or restriction came into force shall, if the High Commissioner so directs, be deemed to be subject to the like conditions.

(3) Any person who contravenes the provisions of this section or of any condition attached or applicable to any authorisation under sub-section (2) of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Restriction on possession of raw opium, coca leaves and Indian hemp. 6. Any person who has in his possession any raw opium, coca leaves or Indian hemp, except under and in accordance with an authorisation such as is referred to in sections 4 and 5 of this Ordinance or with any regulation made under section 7 thereof, shall be guilty of an offence against this Ordinance and liable on conviction to a fine of ten thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Power to regulate the production of and dealing in raw opium, coca leaves and Indian hemp. 7. (1) The High Commissioner in Council may make regulations for prohibiting, controlling and restricting the cultivation, production, possession, sale, and distribution of raw opium, coca leaves or Indian hemp.

(2) All such regulations shall be made in accordance with the provisions of section 46 of this Ordinance.

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Part III.
CONTROL OF PREPARED OPIUM AND THE RESIN OF INDIAN HEMP.

Application to the resin of Indian hemp. 8. In this Part any reference to prepared opium shall be construed as including a reference to the resin obtained from Indian hemp and substances of which such resin forms the base.

Possession, etc., of prepared opium. 9. (1) No person shall—

(a) import into or export from the Federation; or

(b) have in his possession; or

(c) manufacture, sell or otherwise deal in any prepared opium.

(2) Any person who contravenes any of the provisions of sub-section (1) of this section shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Use of premises, possession of utensils and consumption of opium. 10. (1) If any person—

(a) being the owner or occupier of any premises permits those premises to be used for the purpose of making prepared opium or for the sale or the smoking or consumption otherwise of prepared opium; or

(b) is concerned in the management of any premises used for any such purposes as aforesaid,

he shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(2) If any person—

(a) has in his possession any pipe or other utensil for use in connection with the smoking of prepared opium, or any utensil used in the preparation of opium for smoking or consumption otherwise; or

(b) smokes or otherwise consumes prepared opium or frequents any place or places used for the purpose of smoking or otherwise consuming prepared opium,

he shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(3) In this section “consume” with its grammatical variations means eat, chew, smoke, swallow or drink.

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Part IV.
CONTROL OF CERTAIN DANGEROUS DRUGS.

Extent of application of Part IV. 11. (1) This Part applies to dangerous drugs listed in Part III of the First Schedule to this Ordinance.

(2) If it appears to the High Commissioner in Council that any other derivative of cocaine or morphine or of any salts of cocaine or morphine or of any other alkaloid of opium or any other drug of whatever kind is or is likely to be productive, if improperly used, or is capable of being converted into a substance which is, or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by cocaine or morphine, the High Commissioner in Council may by order declare that this Part of this Ordinance shall apply to that derivative or alkaloid or other drug in the same manner as it applies to the drugs mentioned in sub-section (1) of this section.

Restriction on import and export of certain dangerous drugs. 12. (1) No person shall import into, or export from, the Federation any dangerous drug to which this Part applies except under the authorisation of the High Commissioner.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Keeping or using premises for unlawful administration. 13. Any person who—

(a) being the occupier of any premises, and not being a registered medical practitioner or a registered dentist, keeps or uses such premises for the purpose of the administration of any dangerous drug, to which this Part applies, to a human being; or

(b) being the owner or occupier of any premises permits such premises to be used for the purpose of the administration of any such dangerous drug to a human being by any person other than a registered medical practitioner or registered dentist or a person acting under the directions of a registered medical practitioner or registered dentist; or

(c) being the owner or occupier of any premises permits such premises to be used for the purpose of the smoking or consumption otherwise of any such dangerous drug by a human being

shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a period not exceeding three years or to both such fine and imprisonment.

Administration to others. 14. (1) Any person who administers any dangerous drug to which this Part applies to any other person shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(2) Nothing in this section shall be deemed to render unlawful the administration of any such drug by or under the directions of a registered medical practitioner or a registered dentist or a medical or dental officer of Her Majesty’s Naval, Military or Air Forces who is resident in the Federation on full pay and acting in the course of his duty.

Self administration. 15. Any person who—

(a) administers to himself or suffers any other person, contrary to the provisions of section 14 of this Ordinance, to administer to him any dangerous drug to which this Part applies; or

(b) is found in any premises kept or used for any of the purposes specified in section 13 of this Ordinance in order that any such dangerous drug may be administered to or smoked or otherwise consumed by him

shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years.

Control of manufacture and sale of certain dangerous drugs. 16. (1) For the purpose of preventing the improper use of the dangerous drugs to which this Part applies, the High Commissioner in Council may make regulations to provide for controlling the manufacture, sale, possession, and distribution of such drugs, and in particular, but without prejudice to the generality of the foregoing power, for—

(a) prohibiting the manufacture of any such drug except on premises licensed for the purpose and subject to any conditions specified in the licence;

(b) prohibiting the manufacture, sale, or distribution of any such drug except by persons licensed or otherwise authorised under the regulations and subject to any conditions specified in the licence or authority;

(c) regulating the issue by registered medical practitioners, registered dentists, and veterinary surgeons of prescriptions containing any such drug, and the dispensing of any such prescriptions;

(d) requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and to furnish such information, either in writing or otherwise, as may be prescribed; and

(e) prescribing the marking of packages, bottles or containers in which any such drug is supplied.

(2) The regulations made under this section may provide for authorising any person who is licensed to sell by retail poisons in accordance with the provisions of any written law relating to poisons from time to time in force in the Federation or any part thereof―

(a) to manufacture in the ordinary course of his retail business any preparation, admixture, or extract of any dangerous drug to which this Part applies; and

(b) to carry on the business of retailing, dispensing, or compounding any such drug;

subject in each case to the power of the High Commissioner in Council to withdraw the authorisation in the case of a person who has been convicted of an offence against this Ordinance, and who cannot, in the opinion of the High Commissioner in Council, properly be allowed to carry on the business of manufacturing, selling, or distributing, as the case may be, any such drug.

(3) Nothing contained in any regulation made under this section shall be construed as authorising the sale, or the keeping of an open shop for the retailing, dispensing, or compounding of poisons by any person who is not duly qualified in that behalf under, or otherwise than in accordance with, the provisions of any written law relating to poisons from time to time in force in the Federation or any part thereof, or as derogating from the provisions of the said Ordinance, for prohibiting, restricting, or regulating the sale of poisons.

(4) All such regulations shall be made in accordance with section 47 of this Ordinance.

Prohibition of trade, etc., in new drugs, and power to apply Part IV with or without modifications to certain drugs. 17. (1) It shall not be lawful for any person in the Federation to trade in, or manufacture for the purposes of trade, any products obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, not being a product which was on the 13th day of July, 1931, being used for medical or scientific purposes:

Provided that if the High Commissioner in Council is at any time satisfied as respects any such product that it is of medical or scientific value, the High Commissioner in Council may by order direct that this sub-section shall cease to apply to that product.

If any person acts in contravention of this sub-section, he shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(2) If it is made to appear to the High Commissioner in Council that a decision with respect to any such product as is mentioned in sub-section (1) of this section has in pursuance of article II of the Geneva Convention (No. 2) been communicated by the Secretary-General of the United Nations Organisation to the parties to the said Convention, the High Commissioner in Council may by order, as the case requires, either declare that the provisions of this Part shall apply to that product in the same manner as they apply to the drugs mentioned in sub-section (1) of section 11 or apply this Part to that product with such modifications as may be specified in the order.

(3) The High Commissioner in Council may by order make, in the First Schedule to this Ordinance, any alterations incidental to the inclusion of any such drug or substance in such Schedule.

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Part V.
CONTROL OF EXTERNAL TRADE.

Interpretation. 18. In this Part—

“Convention” means the Geneva Convention (No. 1) as supplemented by the Geneva Convention (No. 2);

“diversion certificate” means a certificate issued by the competent authority of a country through which a dangerous drug passes in transit, authorising the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorisation, and containing all the particulars required to be included in an export authorisation, together with the name of the country from which the consignment was originally exported;

“export authorisation” means an authorisation issued by a competent authority in a country from which a dangerous drug is exported;

“import authorisation” means a licence, issued by a competent authority in a country into which it is intended to import dangerous drugs;

Export of dangerous drugs. 19. (1) Upon the production of an import authorisation or an approval of import certificate duly issued by the competent authority in any country, it shall be lawful for the High Commissioner to issue an export authorisation in the Form B set out in the Second Schedule to this Ordinance in respect of any drug referred to in the import authorisation to any person who is named as the exporter in such import authorisation, and is, under the provisions of this Ordinance, otherwise lawfully entitled to export such drug from the Federation. The export authorisation shall be prepared in triplicate and two copies shall be issued to the exporter who shall send one copy with the drug to which it refers when such drug is exported. The High Commissioner shall send the third copy direct to the appropriate authority of the country of ultimate destination. Where the intended exportation is to a country which is not a party to the Convention, it shall not be necessary to produce an import authorisation as aforesaid. In all cases it shall be in the absolute discretion of the High Commissioner to issue or refuse an export authorisation, as he may see fit.

(2) No dangerous drug shall be exported from the Federation unless the consignor is in possession of a valid and subsisting export authorisation relating to such drug granted under this Ordinance.

(3) At the time of exportation of any dangerous drug the exporter shall produce to such officer as the High Commissioner may appoint, the dangerous drug, the export authorisation relating thereto, and such other evidence as such officer may require to satisfy him that the drug is being lawfully exported to the place and person named in the authorisation which refers to it.

(4) Any person who shall export any dangerous drug from the Federation except in pursuance of and in accordance with the provisions of this Ordinance and the terms and conditions of any authorisation or licence granted under this Ordinance in respect of such export shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Import of dangerous drugs. 20. (1) An import authorisation in the Form C set out in the Second Schedule to this Ordinance permitting the importation into the Federation of any dangerous drug specified therein may be granted by the High Commissioner, subject to such conditions as he shall deem fit, to any person who may lawfully import such drug and such conditions shall be endorsed upon the import authorisation.

(2) Where an import authorisation is issued in pursuance of sub-section (1), the High Commissioner shall also issue, in relation to the dangerous drug intended to be imported, an approval of import certificate in the Form A set out in the Second Schedule to this Ordinance which shall be forwarded_by_the intending importer to the person from whom the drug is to be obtained. When the importer to whom an import authorisation is issued under this section intends to import the drug or drugs to which such authorisation relates in more than one consignment, a separate approval of import certificate shall be issued to him in respect of each such consignment.

(3) No dangerous drug shall be imported into the Federation unless the person to whom the drug is consigned is in possession of a valid and subsisting import authorisation granted in pursuance of this section.

(4) Every dangerous drug imported into the Federation from a country which is a party to the Convention shall be accompanied by a valid and subsisting export authorisation or diversion certificate.

(5) Any person who shall import any dangerous drug into the Federation except in pursuance of and in accordance with the provisions of this Ordinance and the terms and conditions of any approval, authorisation or licence granted under this Ordinance in respect of such import shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Dangerous drugs in transit. 21. (1) No person shall bring any dangerous drug to the Federation in transit unless—

(a) the drug is in course of transit from a country from which it may lawfully be exported, to another country into which such drug may lawfully be imported; and,

(b) except where the drug comes from a country not a party to the Convention, it is accompanied by a valid and subsisting export authorisation or diversion certificate, as the case may be.

(2) Where any dangerous drug in transit is accompanied by an export authorisation or diversion certificate and there are reasonable grounds for believing that such authorisation or certificate is false, or that it has been obtained by fraud or wilful misrepresentation of a material particular, it shall be lawful for the High Commissioner, or any officer authorised by him in that behalf, to seize and detain the drug to which such authorisation or certificate relates. Upon being satisfied that such authorisation or certificate is valid or has not been obtained by fraud or misrepresentation as aforesaid, the High Commissioner or such officer shall release the drug.

(3) Where the dangerous drug in transit is not accompanied by an export authorisation or diversion certificate by reason of the fact that the drug comes from a country not a party to the Convention and there are reasonable grounds for believing that such drug is being conveyed in an unlawful manner or for an unlawful purpose or is in course of transit for the purpose of being imported into another country in contravention of the laws of that country, it shall be lawful for the High Commissioner, or any officer authorised by him in that behalf, to seize and detain the drug.

(4) Where a dangerous drug brought into the Federation in transit is landed, or transhipped in the Federation, it shall be stored and dealt with as the High Commissioner may direct and shall be moved only under and in accordance with a removal licence granted in pursuance of section 22 of this Ordinance.

(5) Nothing in this section shall be deemed to apply to any dangerous drug in transit by post or in transit by air if the aircraft passes over the Federation without landing, or to such quantities of dangerous drugs as may reasonably form part of the medical stores of any ship or aircraft.

(6) Any person who brings any dangerous drug into the Federation in transit otherwise than in accordance with the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Removal licences in transit. 22. (1) No person shall―

(a) in any way move any such drug from the conveyance by which it is brought into the Federation in transit; or

(b) in any way move any such drug in the Federation at any time after removal from such conveyance;

except under and in accordance with a licence (in the Form D set out in the Second Schedule to this Ordinance and in this Ordinance referred to as a “removal licence”) issued by the High Commissioner. In all cases it shall be in the absolute discretion of the High Commissioner to issue or refuse a removal licence as he shall deem fit.

(2) No removal licence for the transfer of any such drug to any conveyance for removal out of the Federation shall be issued unless and until a valid and subsisting export authorisation or diversion certificate relating to it is produced to the High Commissioner save that where the drug has come from a country not a party to the Convention this sub-section shall not apply.

(3) The provisions of this section shall not apply to dangerous drugs in transit by post.

(4) Any person who contravenes the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Drugs not to be tampered with. 23. (1) It shall be unlawful for any person to cause any dangerous drug in transit to be subjected to any process which would alter its nature, or wilfully to open or break any package containing a dangerous drug in transit except upon the instructions of the High Commissioner or of any officer authorised by the High Commissioner to give such instructions and in such manner as he or such officer may direct.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

The diversion of dangerous drugs in transit. 24. (1) No person shall, except under the authority and in accordance with the terms and conditions of a diversion certificate in the Form E set out in the Second Schedule to this Ordinance, cause or procure any dangerous drug brought into the Federation in transit to be diverted to any destination other than that to which it was originally consigned. In the case of any drug in transit accompanied by an export authorisation or a diversion certificate issued by a competent authority of some other country, the country to which the drug was originally consigned shall be deemed to be the country stated in such export authorisation or diversion certificate to be the country of destination.

(2) The High Commissioner may, in his absolute discretion, issue a diversion certificate in respect of any dangerous drug in transit upon production to him of a valid and subsisting import certificate issued by a competent authority in the country to which it is proposed to divert the drug, or if that country is not a party to the Convention upon such evidence as may satisfy him that the drug is to be sent in a lawful manner and for a proper purpose.

(3) A diversion certificate shall be issued in duplicate: one copy thereof shall accompany the drug when it is removed from the Federation; another copy shall be despatched by or on behalf of the High Commissioner direct to the proper authority in the country to which the consignment has been diverted.

(4) Upon the issue of a diversion certificate the export authorisation or diversion certificate (if any) accompanying the drug on its arrival in the Federation shall be detained by the High Commissioner or by such officer as the High Commissioner may appoint to perform such duties and returned to the authority issuing such authorisation or diversion certificate together with a notification of the name of the country to which such drug has been diverted.

(5) Any person who contravenes the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Exemption of preparation in the possession of travellers. 25. Nothing in this Part shall be deemed to apply to such quantity of any dangerous drug in the form of a medicinal preparation in the possession of any person arriving in the Federation by land, air or water from any place outside the Federation as is reasonably required for the use of such person and which has been supplied to such person bona fide by or on the prescription of a medical practitioner residing outside the Federation in accordance with the law of the country in which such drug was so supplied, provided that such person shall, as soon as possible on arrival, declare his possession of such dangerous drug to an officer having authority under this Ordinance to search such person and shall submit to such medical examination as may be required of him.

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Part VI.
ANCILLARY AND GENERAL PROVISIONS.

Interpretation. 26. In this Part—

“senior officer of customs” and “officer of customs” have, respectively, the same meaning as that assigned to such expressions in the F.M.S. En. No. 5 of 1936.Customs Enactment of the Federated Malay States.

Powers of and seizure. 27. (1) Whenever it appears to any Magistrate or Justice of the Peace, upon information and after such inspection inquiry as he thinks necessary, that there is reasonable cause to believe that in or on any premises there is concealed or deposited any dangerous drug, syringe, pipe, lamp, utensil or other article liable to forfeiture under this Ordinance, or as to which an offence under this Ordinance has been committed, or any book or document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence under this Ordinance, or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside the Federation, an offence under the provisions of any corresponding law in force in that place, such Magistrate or Justice of the Peace may, by his warrant directed to any police officer not below the rank of Sergeant or to any officer of customs, empower such officer by day or by night—

(a) to enter such premises and there to search for, and seize and detain, any such dangerous drug, article, book or document;

(b) to arrest any person or persons being in or on such premises in whose possession any dangerous drug or article subject to forfeiture under this Ordinance is found, or whom the officer reasonably believes to have concealed or deposited such dangerous drug or article; and

(c) to seize and detain any book or document found in or on such premises or on such person.

(2) Such officer may if it is necessary so to do—

(a) break open any outer or inner door or window of such premises and enter thereinto;

(b) forcibly enter such premises and every part thereof;

(c) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect;

(d) detain every person found in or on such premises, until such premises have been searched.

(3) Any police officer not below the rank of Sub-Inspector or any senior officer of customs or any Inspector or any person authorised in that behalf by any general or special order of the High Commissioner may, for the purposes of this Ordinance, enter the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any dangerous drug and demand the production of, and inspect, any book or document relating to dealing in any such dangerous drug, and inspect any stock of such dangerous drug.

(4) Whenever it appears to any police officer not below the rank of Sub-Inspector or to any senior officer of customs that there is reasonable cause to believe that in or on any premises there is concealed or deposited, in contravention of the provisions of this Ordinance, any dangerous drug, syringe, pipe, lamp, utensil or other article or any such book or document as is described in sub-section (1) of this section and he has good grounds for believing that, by reason of the delay in obtaining a search warrant, the object of the search is likely to be frustrated, he may exercise in, upon and in respect of such premises all the powers mentioned in sub-section (1) of this section in as full and ample a manner as if he were empowered to do so by warrant issued under the said sub-section.

(5) Any police officer not below the rank of Sub-Inspector or any senior officer of customs shall be entitled to exercise in, upon and in respect of any ship, not being or having the status of a ship of war, or any islet, landing place or wharf or any warehouse or place adjoining a wharf, and used in connection therewith, all the powers mentioned in sub-section (1) of this section in as full and ample a manner as if he were empowered to do so by warrant issued under the said sub-section.

(6) Any police officer or officer of customs may, for the purpose of carrying out the provisions of this Ordinance, board any ship, not being or having the status of a ship of war, and remain on board as long as such ship remains in the Federation.

(7) Any box, chest, package or other article, which is being landed or has been recently landed from any ship or which is in or upon any ship (not being or having the status of a ship of war), islet, landing place or wharf, or which is being removed from any such ship, islet, landing place or wharf, or which is being brought into, or has recently been brought into the Federation, by land, air or water, or is about to be taken out of the Federation by land, air or water—

(a) may be examined and searched by any officer of customs and may be detained until any person in charge or possession thereof has opened the same to admit of such examination and search and in default of such opening may be removed. by such officer to a police station or to a customs office;

(b) may be broken open by the order of any senior officer of customs to facilitate such examination and search:

Provided that any person in charge, or in possession of such box, chest, package or other article shall be afforded every reasonable facility for being present at such breaking open, examination or search.

(8) Any police officer or any officer of customs may stop and search any conveyance which he has reasonable ground for believing to be used for the carriage of any dangerous drug in contravention of this Ordinance.

(9) Any person landing or being about to land or having recently landed from any ship, or leaving any ship in the waters of the Federation, whether for the purpose of landing or otherwise, or entering or having recently entered the Federation by land, air or water, or being about to leave the Federation by land, air or water shall

(a) on demand by any officer of customs, either permit his person and goods and baggage to be searched by such officer or, together with such goods and baggage, accompany such officer to a police station or a customs office, and there permit his person, goods and baggage to be searched by any officer of customs in the presence and under the supervision of a senior officer of customs;

(b) on demand by any senior officer of customs, permit his person and goods and baggage to be searched by him or by some other officer of customs in his presence and under his supervision:

Provided that the goods of any person who claims to be present when these are searched shall not be searched except in his presence and provided that no female shall be searched except by a female.

Obstruction of inspection or search. 28. Any person who—

(a) refuses any officer authorised to enter or search access to any premises, or conveyance; or

(b) assaults, obstructs, hinders or delays him in effecting any entrance which he is entitled to effect under this Ordinance, or in the execution of any duty imposed or power conferred by this Ordinance; or

(c) fails to comply with any lawful demands of any police officer or officer of customs in the execution of his duty under this Ordinance; or

(d) refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give; or

(e) fails to produce or conceals or attempts to conceal any book, document, dangerous drug, syringe, pipe, lamp, or utensil in relation to which there is reasonable ground for suspecting that an offence has been or is being committed against this Ordinance; or

(f) rescues or endeavours to rescue or causes to be rescued any things which have been duly seized;

(g) furnishes to any officer as true, information which he knows or has reason to believe to be false;

(h) before or after any seizure, breaks or otherwise destroys anything to prevent the seizure thereof, or the securing of the same;

shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Indemnity. 29. (1) The Government shall not be liable to make good any damage which any goods or other property may sustain as a result of an entry, search or detention under the provisions of this Ordinance, unless such damage shall have been caused by the wilful neglect or default of an officer employed by the Government.

(2) In the event of any dispute as to the amount of any damage so caused the same shall be summarily ascertained and determined by a Magistrates’ Court.

Forfeiture of drugs, etc. 30. (1) All dangerous drugs, syringes, pipes, lamps, utensils, books and documents in respect of which any police officer or officer of customs reasonably believes that any offence under this Ordinance, or any breach of the restrictions or conditions subject to or upon which any licence has been granted, has been or is being committed, together with any receptacle or package, in which the same is found, may be seized by such officer and, upon the conviction of any person. of such offence or breach, shall be forfeited.

(2) When any dangerous drug, in respect of which any offence under this Ordinance, or any breach of the restrictions or conditions subject to or upon which any licence has been granted, has been or is being committed, is found in any conveyance, such conveyance may be seized by any officer of customs or police officer and, subject to the provisions of sub-section (3) of this section, shall be forfeited, unless it is proved, to the satisfaction of the Court, that the offence or breach had been or was being committed without the knowledge, consent or connivance of the owner.

(3) No conveyance shall be forfeited under sub-section (2) of this section unless the Court shall have given the owner thereof or his agent an opportunity of showing cause why such conveyance should not be forfeited.

(4) Sub-section (2) of this section shall not apply to any ship of more than one hundred tons burden or to any train or to any aircraft belonging to any person carrying on a regular passenger service to and from the Federation by means of such aircraft:

Provided that any such ship or aircraft may be detained by a police officer not below the rank of Sub-Inspector or a senior officer of customs pending an application to the Court for an order under section 38 of this Ordinance, which application shall be made as soon as practicable after the commencement of such detention of such vessel or aircraft.

(5) The owner of a conveyance forfeited under this section shall be deemed to be a party to a criminal case for the purpose of section 302 of the S.S. Cap. 21.
F.M.S. Cap. 6: M.U. Ord. No. 13 of 1947.Criminal Procedure Code of the Straits Settlements in the Settlements and of section 307 of the Criminal Procedure Code of the Federated Malay States in the States.

(6) All dangerous drugs, syringes, pipes, lamps, utensils, which may be seized under the provisions of sub-section (1) of this section together with any receptacle, package or conveyance containing the same, found without an apparent owner and for which no owner appears after such notice given as to a Magistrates’ Court seems fit, shall be forfeited.

(7) In this section the owner of a conveyance means the person entitled to the possession of the same immediately before seizure.

Power of arrest and seizure. 31. (1) Any police officer or any officer of customs may arrest without a warrant any person whom he reasonably believes to have committed or to be committing an offence against this Ordinance.

(2) Every person so arrested shall, together with any article as to which an offence may have been committed or which is otherwise reasonably believed by the officer making such arrest to be liable to forfeiture under this Ordinance, be taken to a police station or to a customs office, and may be searched provided that no female shall be searched except by a female.

(3) Any police officer or officer of customs making an arrest under the provisions of this section may seize and detain any package, receptacle and conveyance which he has reasonable grounds for believing is liable to forfeiture under section 30 of this Ordinance or to detention under an order of the Court under section 38 of this Ordinance.

False declaration. 32. Any person who, for the purpose of obtaining, whether for himself or for any other person, the issue, grant, or renewal of any licence or authority under the provisions of this Ordinance, makes any declaration or statement which is false in any material particular, or knowingly utters, produces, or makes use of, any such declaration or statement or any document containing the same, shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Abetments and attempts punishable offences. 33. Any person who abets the commission of, or who attempts to commit, or does any act preparatory to or in furtherance of the commission of, any offence under this Ordinance shall be guilty of such offence and liable as to the punishment provided for such offence.

Abetting or procuring the commission of an offence abroad. 34. Any person who within the Federation, abets the commission in any place outside the Federation of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act, which offence or act if committed in the Federation would constitute an offence under this Ordinance, shall be guilty of an offence under this Ordinance and shall be punishable in the same manner as if the offence or act which he abetted or in respect of which he did such preparatory act or which he furthered had been committed or intended to be committed in the Federation.

Liability of officers of a company and employers and servants. 35. (1) Where an offence against this Ordinance is committed by a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence, unless he proves to the satisfaction of the Court that the act constituting the offence took place without his knowledge or consent.

(2) Any person licensed or authorised under any regulation made under this Ordinance who would be liable under this Ordinance or under any regulation made thereunder to any punishment, penalty or forfeiture for any act, omission, neglect or default shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any agent or servant employed by him in the course of his business as such licensed or authorised person, if such act, omission, neglect or default is committed by such agent or servant in the course of his employment by such licensed or authorised person.

(3) Every such agent or servant shall also be liable to every punishment, penalty or forfeiture prescribed by this Ordinance or under any regulation made thereunder for such acts, omissions, neglects or defaults done or omitted to be done by him as fully and effectually as if he had been the person licensed or authorised.

Burden of proof. 36. It shall not be necessary in any proceedings against any person for an offence against this Ordinance to negative by evidence any licence, authorisation, authority, or other matter of exception or defence, and the burden of proving any such matter shall be on the person seeking to avail himself thereof.

Presumptions. 37. In all proceedings under this Ordinance or any regulation made thereunder—

(a) any premises shall be deemed to be used for a purpose if they are used for that purpose even on one occasion only;

(b) a person, until the contrary is proved, shall be deemed to be the occupier of any premises, if he has, or appears to have, the care or management of such premises;

(c) if any syringe and dangerous drug suitable for hypodermic injection or any pipe and dangerous drug suitable for smoking be found in any premises, it shall be presumed, until the contrary is proved, that the premises are used for the purpose of the administration of a dangerous drug to, or the smoking or consumption otherwise of a dangerous drug by, a human being and that the occupier permits such premises to be used for such purpose;

(d) any person who is found to have had in his custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;

(e) any person who is found to have had in his possession or under his control or subject to his order any document of title relating to any dangerous drug shall, until the contrary is proved, be deemed to have known the nature of such drug;

(f) if any dangerous drug is found to be concealed in any ship or aircraft it shall be presumed, until the contrary is proved, that the said drug is so concealed with the knowledge of the master of the ship or aircraft and has been imported in such ship or aircraft;

(g) if any dangerous drug is found to be concealed in any premises, it shall be presumed, until the contrary is proved, that the said drug is so concealed with the knowledge of the occupier of the premises;

(h) if any dangerous drug is found concealed in any compartment, specially constructed. for the purpose, on any vehicle, it shall

until the contrary is proved, be deemed to have been so concealed with the knowledge of the owner of the vehicle and of the person in charge of the vehicle for the time being;

(i) evidence by a police officer not below the rank of Sub-Inspector or of any senior officer of customs that any pipe or other utensil is for use in the consumption or preparation of opium shall, until the contrary is proved, be deemed to be sufficient evidence of the fact;

(j) when any substance suspected of being a dangerous drug has been seized and such substance is contained in a number of receptacles, it shall be sufficient to analyse samples of the contents of a number not less than ten per centum of such receptacles and if such analysis establishes that such. samples are all of the same nature and description, it shall be presumed, until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analysed and if such analysis establishes that such samples consist of or contain a dangerous drug, it shall be presumed, until the contrary is proved, that the contents of all the receptacles consist of or contain the same proportion of such drug.

Ship or aircraft used for unlawful import or export. 38. (1) If any ship or any aircraft is used for the import or export of any drug contrary to this Ordinance or for the receipt or storage of any drug imported contrary to this Ordinance, the owner and master thereof shall be guilty of an offence against this Ordinance and liable to a fine not exceeding ten thousand dollars unless it is proved to the satisfaction of the Court that the owner or master was not implicated in the placing or keeping of such drug on board the ship or aircraft and that the offence in question was committed without his knowledge, consent or connivance, and the ship or aircraft may be detained by order of the Court until security has been given for such sum as the Court orders, not exceeding ten thousand dollars.

(2) Except in the case of drugs consigned in accordance with an authorisation issued under section 19, 20 or 24 of this Ordinance or in transit in accordance with the provisions of section 21 of this Ordinance, the finding of any drug on board any ship or aircraft shall be prima facie evidence that the ship or aircraft has been used for the importation or exportation of such drug contrary to this Ordinance or for the receipt or storage of drugs imported contrary to this Ordinance.

(3) Any person who conceals any dangerous drug in any part of any ship or aircraft or who, being cognizant of any dangerous drug being concealed in any ship or aircraft, does not take the earliest reasonable opportunity of reporting the same to the master of such ship or aircraft after such ship has entered. the territorial waters of the Federation or such aircraft has landed in the Federation, as the case may be, shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment, unless he shall prove that he informed such master before such ship entered such waters or such aircraft so landed, as the case may be.

General penalty. 39. Every person convicted of an offence under this Ordinance for which no penalty is specifically provided shall, in respect of each offence, be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Protection of informers. 40. (1) Except as hereinafter provided, no complaint as to an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the Court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

(3) If on a trial for any offence under this Ordinance the Court, after full inquiry into the case, is of opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the Court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the Court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

Jurisdiction of Courts. 41. (1) A Sessions Court shall have power to impose the full penalty or punishment provided by this Ordinance or by any regulation.

(2) All fines and forfeitures and the proceeds of the sale of any article forfeited under this Ordinance or any regulation made thereunder shall be disposed of in such manner as the High Commissioner may generally or specially direct.

Power to conduct prosecutions. 42. Prosecution in respect of offences under this Ordinance may be conducted by any police officer not below the rank of Sub-Inspector, any senior officer of customs, or any officer of customs specially or generally authorised thereto in writing by the Comptroller of Customs.

Licences, permits, subject to conditions. 43. Any licence, authorisation, permit or authority etc., may be issued or granted under this Ordinance or under any regulation made thereunder may be issued or granted on such terms and subject to such conditions as may be prescribed, or as the officer issuing or granting the same shall (either generally or in any particular instance) think proper; and in such case, such terms and conditions shall be binding on and observed by the licensee or grantee, as the case may be.

Power of High Commissioner to delegate powers and functions. 44. It shall be lawful for the High Commissioner by order under his hand to delegate to any fit and proper officer authority to exercise (subject to any limitations which may in such order be specified) any of the powers and functions vested in the High Commissioner by this Ordinance, other than those expressed to be vested in the High Commissioner in Council, and thereupon such officer shall, to the extent of such delegation, be deemed to be empowered and authorised to exercise such powers and functions accordingly. The High Commissioner may under this section delegate the same powers and functions to more than one officer and different powers and functions to different officers.

Power to High Commissioner in Council to exempt certain drugs and institutions from certain provisions of the Ordinance. 45. The High Commissioner in Council may, by order or by regulations made under this Ordinance, exempt from any of the provisions of this Ordinance or the regulations made thereunder:

(a) dangerous drugs in respect of which—

(i) the Council of the United Nations Organisation shall have communicated to the parties to the Convention (No. 1) under the provisions of Article 8 of the said Convention a finding of the Health Committee of the United Nations Organisation; or

(ii) the High Commissioner in Council shall have decided that such dangerous drugs cannot give rise to the drug habit on account of the medicaments with which the said dangerous drugs are compounded; or

(b) any public hospital, public infirmary, public dispensary or such like institutions as he may approve from time to time.

Ordinance not to derogate other from other statutory or legal provisions and powers. 46. The provisions contained in and the powers conferred by this Ordinance shall, except so far as may otherwise expressly be enacted or provided, be in addition to and not in derogation of any other provisions or powers existing under any written law for the time being in force in the Federation or in any part thereof and in particular, but without prejudice to the generality of the foregoing, to the provisions and powers existing under the No. 28 of 1952.Sale of Food and Drugs Ordinance, 1952.

Regulations. 47. (1) The High Commissioner in Council may make regulations for the further, better and more convenient carrying out of the provisions or purposes of this Ordinance and in particular, but without derogating from the generality of the provisions last aforesaid, with respect to any or all of the following matters:

(a) the matters referred to in sections 7 and 16 of this Ordinance;

(b) the prescription of forms and fees in connection with any matter under this Ordinance;

(c) the prescription of anything which is required to be, or which may be prescribed, under this Ordinance.

(2) The High Commissioner in Council may in such regulations or by separate regulations made under this Ordinance provide that any act or omission in contravention of the provisions of any regulation or of the terms or conditions of any licence, permit or other authority issued under any regulation shall be an offence and may impose one or more of the following penalties for such offence, namely, fine, imprisonment and forfeiture:

Provided that ne fine imposed by such regulations shall exceed ten thousand dollars and no penalty of imprisonment imposed shall exceed a term of four years.

(3) All regulations made under this Ordinance shall be published in the Gazette and shall be laid as soon as practicable before the Legislative Council.

(4) If a resolution of the Legislative Council is passed within the next subsequent three months after any such regulation is laid before it annulling the regulation or any part thereof, the whole regulation or such part thereof as the case may be shall thenceforth be void but without prejudice to the validity of anything previously done thereunder.

Inspectors to be deemed public servants.
F.M.S. Cap. 45: F.M. No. 32 of 1948. 48. All Inspectors under this Ordinance shall be deemed to be public servants within the meaning of the Penal Code.

Action of Officers no offence. 49. Nothing done by any officer of the Government in the course of his duties shall be deemed to be an offence under this Ordinance.

Repeal. 50. The Ordinances, Enactments and Proclamation specified in the Third Schedule to this Ordinance are hereby repealed.

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FIRST SCHEDULE.
[(Sections 2, 11 (1) and 17 (3).]

Part I.

1. Raw opium.

2. Coca leaves.

3. Indian hemp.

Part II.

4. Prepared opium.

5. Resin of Indian hemp and substances of which such resin forms the base.

Part III.

6. Medicinal opium.

7. Any extract or tincture of Indian hemp; and any preparation, not being a preparation capable of external use only, made from extract or tincture of Indian hemp.

8. Morphine and its salts.

9. Cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts.

10. Any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent of cocaine.

11. Diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine, and their respective salts.

12. Any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine or of the other esters of morphine or their respective salts, and any preparation, admixture, extract or other substance containing any proportion of ecgonine, or of the esters of ecgonine their respective salts.

13. Dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, dihydrodesoxymorphine (having the chemical formula C₁₇ H₂₁ 0₂ N), methyldihydromorphinone (having the chemical formula C₁₇ H₁₈ NO₃ CH₃ or C₁₈ H₂₁ NO₃ and commonly known as metopon), their esters and the salts of any of these substances and of their esters, morphine-Noxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives.

14. Thebaine, methylmorphine (commonly known as codeine), ethylmorphine (commonly known as dionine), benzyl morphine and any other ether of morphine and their respective salts.

15. Alphaprodine (oc-4-Propionoxy-4-phenyl-1: 3-dimethyl-4-piperidine).

Amidone (dl-2-Dimethylamino-4: 4-diphenylheptane-5-one) commonly known as Physeptone.

Betaprodine (b-4-Propionoxy-4-phenyl-1: 3-dimethyl-4-piperidine).

Hydroxypethidine (Ethyl-4-m-hydroxyphenyl-1-methyl-piperidine-4-carboxylate).

Isoamidone (6-Dimethylamino-4: 4-diphenyl-5-methyl-hexan-3-one).

Ketobemidone (4-Propionyl-4-m-hydroxyphenyl-1-methyl-piperidine).

Methadol (6-Dimethylamino-4: 4-diphenyl-heptan-3-ol).

Methadyl acetate (6-Dimethylamino-4: 4-diphenyl-3-heptylacetate).

Pethidine (1 methyl-4-phenyl-piperidine-4-carboxylic acid ethylester).

Phenadoscone (6-Morpholino-4: 4-diphenylheptan-3-one) and their respective salts.

16. Any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in paragraphs 13, 14 or 15 except, in the case of preparations of methylmorphine or ethylmorphine, syrupus codeine phosphatis B.P.C. 1949 and preparations, admixtures or other substances containing not more than 2.5 per cent. of methylmorphine or ethylmorphine (calculated as pure drug) associated with other medicinal substances.

Note.—In this Schedule percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per centum of any substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the said substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

SECOND SCHEDULE.

Federation of Malaya.
THE DANGEROUS DRUGS ORDINANCE, 1952.
(No. 30 of 1952.)
Section 20 (2).
Form A.

Serial No..
File No..

International Opium Conventions.
CERTIFICATE OF APPROVAL OF IMPORT.

In pursuance of the Dangerous Drugs Ordinance, 1952, I, the officer to whom authority is delegated under section 44, hereby certify that I have approved the importation by (a) Here insert name and full postal address of importer.(a)

of (b) Here insert the each description and amount of the drugs to be imported.(b)

from (c) Here insert name and address of firm in exporting country from which drug is to be obtained.(c)

subject to the conditions that—

(i) the consignment shall be imported before the (date)

(ii) the consignment shall be imported by

(iii) the consignment shall be imported through the Customs Office at

(iv) the consignment shall follow the route

(v) the consignment shall not be
may be imported through the post;

and I certify that I am satisfied that the consignment proposed to be imported is required—

(1) for legitimate purposes (in the case of raw opium and the coca leaf and Indian hemp);

(2) solely for medicinal or scientific purposes (in the case of drugs to which Chapter III of the International Opium Convention, 1925, and Article 1 of the 1931 Convention apply).

(Signature and Stamp).

(Date)

Federation of Malaya.
THE DANGEROUS DRUGS ORDINANCE, 1952.
(No. 30 of 1952.)
Section 19 (1).
Form B.

Serial No.Applicant’s Reference No..

File No..

International Opium Conventions.
EXPORT AUTHORISATION.

In pursuance of the Dangerous Drugs Ordinance, 1952, I, the officer to whom authority is delegated under section 44, hereby authorise (a) Name, address and business of exporter.(a)

(hereinafter called “the exporter”)

to export from―

(1) * Strike out words not applicable.*the port ofby s.s.

(2) *by parcel post inparcels from the Post Office in

to (b) Name and address of firm in importing country.(b)

in virtue of Import Certificate No.dated

issued by

for the following drugs, namely:

This Authorisation is issued subject to the following conditions—

1. This Authorisation is not a licence to obtain or be in possession of the drugs named herein.

2. This Authorisation is available only for drugs of the exact quantity, kind and form specified above.

3. This Authorisation does not relieve the exporter from compliance with any Customs regulations in force for the time being relating to the exportation of goods from the Federation nor from any provision of the M.U. Ord. No. 34 of 1947.Post Office Ordinance, 1947, or of any Post Office Rules for the time being in force, nor from any rules or regulations respecting the transmission of articles by post which may for the time being be in force, whether within the Federation or elsewhere.

4. If the drugs are authorised to be exported by ship the duplicate copy, which is attached, shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the master of the vessel by which the consignment is despatched. [See footnote (3)].

5. If the drugs are authorised to be exported by post the attached duplicate copy shall be placed inside the outer wrapper of the parcel containing the drug. If the drugs are contained in more than one parcel the duplicate copy shall be placed inside the outer wrapper of one of them; the parcels shall be consecutively numbered on the outer wrapper, and on each parcel there shall be legibly stated the number of the parcel in which the duplicate copy is to be found. [See footnote (2)].

6. The exporter, if so required by the Comptroller of Customs or the Postmaster-General, shall produce to him, within such time as he may allow, proof, to his satisfaction, that the said drugs were duly delivered at the destination named in this Authorisation, and in the event of non-compliance with this condition the Authorisation shall be deemed void and of no effect.

7. The exporter shall furnish to the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952, such returns of the goods exported by him in pursuance of this Authorisation as may from time to time be required.

8. This Authorisation is valid only for the exporter named above and may be revoked at any time by the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952. It shall be produced for inspection when required by any duly authorised person.

9. This Authorisation, unless sooner revoked, shall continue in force for three calendar months from the date hereof. It must be produced, at the time of export, to an officer of * Strike out the words not applicable.*the Customs Department,
*the Post Office, who will retain it.

If not used it shall be surrendered to the officer to whom authority is delegated as aforesaid within seven days of the date of its expiry.

(Signature and Stamp).

(Date)

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Note.—(1) If any alteration is desired in this Authorisation it must be returned with a request for amendment and a statement of the reasons therefor. No unauthorised alteration is permissible.

(2) In the case of drugs exported by post failure to comply with this condition may lead to delay or confiscation of the parcels in the country of destination.

(3) In the case of drugs exported by ship this document is required in pursuance of the International Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or not. Failure to comply with the condition may lead to delay or confiscation of the consignment.

Federation of Malaya.
THE DANGEROUS DRUGS ORDINANCE, 1952.
(No. 30 of 1952.)
Section 20 (1).
Form C.

Authorisation No..
File No..

International Opium Conventions.
IMPORT AUTHORISATION.

In pursuance of the Dangerous Drugs Ordinance, 1952, I, the officer to whom authority is delegated under section 44, hereby authorise**Here insert name and full postal address of importer.

(hereinafter called “the importer”)

to import the drugs specified in the Schedule hereto, from†† Here insert name and full postal address of exporter.

This Authorisation is issued subject to the following conditions:

1. The drugs shall be imported before (date).

2. This Authorisation is not a licence to be in possession of or to supply the drugs imported.

3. This Authorisation does not relieve the importer from compliance with any Customs regulations in force for the time being relating to the importation of goods into or transhipment of goods in the Federation, or any Post Office Rules for the time being in force in the Federation.

4. This Authorisation is valid only for the importer and may be revoked at any time by the High Commissioner to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorised person.

5. This Authorisation unless sooner revoked shall be produced to the Customs Officer at the time of importation and shall be surrendered to the Customs Officer at the time when the last consignment of drugs is imported.

6. If the importation of all the drugs specified in the Schedule hereto is not effected before the date specified in condition No. 1 this Authorisation shall immediately after that date be surrendered to the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952.

7. The copy of the Export Authorisation, if any, which accompanies the drugs shall be forwarded to the officer to whom authority is delegated under section 44 as aforesaid immediately the importation of the drugs has been effected.

(Signature and Stamp).

(Date)

Schedule
Specifying the drugs and quantities thereof to be imported.

This Authorisation is not to leave the possession of the importer until it is surrendered to the officer to whom authority is delegated under section 44 or to the Customs Officer who will complete the certificate on the back and return the Authorisation to the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952.

ENDORSEMENT BY CUSTOMS OFFICER AT THE TIME OF IMPORTATION.

Date 1	Description of drugs imported 2	Number and date of export authorisation 3	Quantity 4	How imported 5	Customs entry or Parcel No. 6	Signature mark and station of Customs Officer 7
				e.g. ex. . . . . . . . . . . . (in the case of ship), or by registered parcel post or by insured box post.

This Authorisation, when all the drugs to which it relates have been imported, must be returned by the Customs Officer to the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952.

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Federation of Malaya.
THE DANGEROUS DRUGS ORDINANCE, 1952.
(No. 30 of 1952.)
Section 22 (1).
Form D.

International Opium Conventions.
LICENCE FOR THE REMOVAL OF DANGEROUS DRUGS IN TRANSIT.

In pursuance of the Dangerous Drugs Ordinance, 1952, I, being the officer to whom authority is delegated under section 44, hereby authorise** Here insert name and full postal address of importer.

to remove

the dangerous drugs described hereunder from

to

Nature and quantity of dangerous drugs

Particulars of export authorisation (or diversion certificate) if any relating thereto

Name of ship (or particulars of other conveyance) on which the drugs were brought into the Federation

Date or arrival

Number of packages

Marks and numbers on packages

This licence is issued subject to the following conditions:

(1) This licence is valid only for the removal of the drugs specified above.

(2) The removal of the drugs shall take place between

A.M.A.M. and P.M.P.M.

on the, 19.

(3) If the removal of the drugs does not take place within the hours and on the day specified, this licence must be returned to the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952, forthwith; and in any case shall be surrendered when the removal has taken place.

(4) The drugs must not be moved unless an officer of the Customs Department is present.

(5) This licence does not authorise the person named above to be in possession of the drugs otherwise than for the purpose of removing them in accordance with this licence.

(6) The packages containing the drugs are not to be opened or broken in the course of the removal.

(7) This licence shall be produced at any time when required by a duly authorised person.

(Signature and Stamp).

(Date)

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Federation of Malaya.
THE DANGEROUS DRUGS ORDINANCE, 1952.
(No. 30 of 1952.)
Section 24 (1).
Form E.

International Opium Conventions.
DIVERSION CERTIFICATE.

I, being the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952, hereby certify that I have authorised the diversion of the consignment of drugs, of which particulars are given below, to the destination stated below:

Description and quantities of drugs

Name of ship (or particulars of other conveyance) on which the consignment was brought to the Federation

Name and address of the exporter

Name and date of exporter authorisation and authority by whom issued

Name and address of original consignee named in the export authorisation

Name and address of consignee to whom the consignment is authorised to be diverted

Number and date of import certificate (and authority by whom issued) by virtue of which this diversion is authorised

Name of ship (or particulars of other conveyance) on which the consignment is authorised to be carried from the Federation

Period within which the consignment is carried from the Federation.

This certificate is issued subject to the following conditions:

(1) The duplicate copy of this certificate shall accompany the consignment to the place of destination and for this purpose shall be delivered to the master of the ship or aircraft (or to the person in charge of other conveyance) by which the consignment is dispatched.

(2) This certificate does not relieve any person who may be concerned with the carriage of the consignment of drugs specified above from compliance with any Customs regulations in force, for the time being relating to the exportation of goods from the Federation.

(3) This certificate is valid only for the consignment and for the period specified above, and may be revoked at any time.

(4) If the consignment of drugs is not carried from the Federation within the period specified above, this certificate shall be surrendered to the officer to whom authority is delegated under section 44 of the Dangerous Drugs Ordinance, 1952.

(5) This certificate shall be produced at any time when required by a duly authorised person.

(Signature and Stamp).

(Date)

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Note.—(1) If any alteration is desired in this authorisation, it must be returned with a request for amendment and a statement for the reasons therefor. No unauthorised alteration is permissible.

(2) This document is required in pursuance of the International Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or not. Failure to comply with the condition may lead to delay or confiscation of the consignment.

THIRD SCHEDULE.
[Section 50.]
REPEAL.

No.	Short title.
S.S. Cap. 190	The Deleterious Drugs Ordinance.
S.S. Cap. 190	The Chandu Revenue Ordinance.
F.M.S. Cap. 134	The Opium and Chandu Enactment.
F.M.S. Cap. 183	The Deleterious Drugs Enactment.
Johore Enact. No. 96	The Deleterious Drugs Enactment.
Johore Enact. No. 111	The Opium and Chandu Enactment.
Kedah Enact. No. 3 of 1348	Enactment No. 29 (Deleterious Drugs).
Kedah Enact. No. 8 of 1356	The Chandu Enactment.
Kelantan Enact. No. 15 of 1938	The Opium and Chandu Enactment, 1928
Kelantan Enact. No. 15 of 1938	The Deleterious Drugs Enactment.
Trengganu Enact. No. 2 of 1352	The Chandu Enactment.
Trengganu Enact. No. 62 of 1356	The Deleterious Drugs Enactment.
Perlis Enact. No. 10 of 1356	The Chandu Enactment, 1356.
Perlis Enact. No. 2 of 1348	The Deleterious Drugs Enactment, 1348
B.M.A. Proclamation No. 49	The Opium and Chandu Proclamation.

Passed in the Legislative Council on the third day of July, 1952.

HASHIM bin MAT DRIS,
Clerk of Council.