National Emblems (Control of Display) Ordinance, 1949

by Federal Legislative Council of Malaya

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Federation of Malaya.

No. 69 of 1949.

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:

T. ABDUL RAHMAN
TENGKU ALAM SHAH
(in Malay)

${\Bigl .}{\begin{matrix}\\\end{matrix}}{\Bigr \{}$Yang di-Pertuan Besar of Negri Sembilan.
Sultan of Selangor.

HENRY GURNEY,
High Commissioner.

30th December, 1949.

⟨29th⟩ December, 1949.

An Ordinance to control the display of national emblems.

[31st December, 1949.]

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. 1. This Ordinance may be cited as the National Emblems (Control of Display) Ordinance, 1949.

Interpretation. 2. In this Ordinance unless the context otherwise requires―

“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 organisation 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 organisation;

“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 the Federation, the Malay States and Settlements included in the Federation, the United Kingdom and the Colony and includes any dependency, possession or part of any State.

Display of national emblems in public or schools prohibited. 3. (1) No person shall display in public or at or within any school national emblem.

(2) 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. 4. Nothing in section 3 of this Ordinance shall apply to—

(a) the display of any national emblem of the State of which he is a national by any of the following persons—

(i) any person duly accredited as a diplomatic representative of a foreign power or as a consular representative of a foreign power to the Federation to whom an exequatur or provisional or other authorisation has been granted by the Government;

(ii) 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 recognised as representing that Government in the Federation;

(iii) any person upon whom the immunities and privileges referred to in Part II or Part III of the Schedule to the Diplomatic Privileges Ordinance, 1948, have been conferred under that Ordinance;

(b) the display of any national emblem on any ship or aircraft.

Exemptions. 5. The Chief Secretary may, by order published in the Gazette or by a permit in writing, exempt from the provisions of section 3 of this Ordinance 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.

Arrest without warrant. 6. 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 Ordinance.

Power of entry and search. 7. Any police officer may enter any premises where any national emblem is displayed contrary to the provisions of this Ordinance or of the terms or conditions of any Order or permit made or given under section 5 of this Ordinance or any school in which he has reasonable cause to believe that an offence against this Ordinance 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. 8. (1) Any person who—

(a) displays any national emblem contrary to the provisions of this Ordinance or of any condition of any Order or permit made or given under section 5 of this Ordinance; or

(b) 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 the provisions of this Ordinance or of any condition of any Order or permit made or given under section 5 of this Ordinance,

shall be guilty of an offence and shall on conviction be liable—

(i) in the case of a person other than a body corporate to imprisonment of either description for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine;

(ii) in the case of a body corporate to a fine not exceeding one thousand dollars.

(2) No prosecution shall be instituted under this Ordinance without the prior consent, in writing, of the Public Prosecutor.