Common Gaming Houses Act 1953

The Common Gaming Houses Act 1953 (Malay: Akta Rumah Judi Terbuka 1953), is a Malaysian law which made illegal common gaming houses, public gaming, and public lotteries.[1] All common gaming houses were declared a nuisance and prohibited by law, and any person found owning an establishment or participating can be charged. Prosecution charging under this Act only need to establish that a game was played in the establishment without having to prove what specific game was played.[1]

Common Gaming Houses Act 1953
Parliament of Malaysia
  • An Act relating to the suppression of common gaming houses, public gaming, and public lotteries.
CitationAct 289
Territorial extentThroughout Malaysia
Enacted1953 (F.M. Ordinance No. 26 of 1953)
Revised: 1983 (Act 289 w.e.f. 18 August 1983)
Effective[Peninsular Malaysia—25 June 1953;
Sabah and Sarawak—15 April 1992, P.U. (B) 164/1992;
Federal Territory of Labuan—15 April 1992, P.U. (B) 165/1992]
Amended by
The Settlements Nominated Council (Change of Title) Ordinance 1956 [F.M. Ord. 60/1956]

Federal Constitution (Modification of Laws) (Ordinances and Proclamations) Order 1958 [L.N. 332/1958]
Common Gaming Houses (Amendment) Act 1959 [Act 9/1959]
Racing Club (Public Sweepstakes) Act 1965 [Act 44/1965]
Common Gaming Houses (Amendment) Act 1966 [Act 29/1966]
Racing Club (Public Sweepstakes) (Amendment) Act 1967 [Act 17/1967]
Common Gaming Houses (Amendment) Act 1971 [Act A56]
Federal Territory (Modification of Common Gaming Houses Ordinance 1953) Order 1977 [P.U. (A) 113/1977]
Malaysian Currency (Ringgit) Act 1975 [Act 160]
Common Gaming Houses (Amendment) Act 1984 [Act A577]
Common Gaming Houses (Amendment) Act 1990 [Act A755]

Common Gaming Houses (Amendment) Act 2001 [Act A1096]
Related legislation
Common Gaming Houses Ordinance [S.S. Cap 30]

Common Gaming Houses Enactment [F.M.S. Cap. 47]
Common Gaming Houses Enactment [Johore Enactment No. 37]
Enactment No. 21 (Common Gaming Houses) [Kedah Enactment No. 2 of 1337]
Common Gaming Houses Enactment 1348 [Terengganu Enactment No. 2 of 1348]
Common Gaming Houses Enactment 1337 [Perlis Enactment No. 11 of 1337]

The Gambling and Prohibited Amusements Enactment 1930 [Kelantan Enactment No. 14 of 1930]
Status: In force

Structure

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The Common Gaming Houses Act 1953, in its current form (1 January 2006), consists of 28 sections and 3 schedules (including 12 amendments), without separate Part.

  • Section 1: Short title
  • Section 2: Interpretation
  • Section 3: Nuisance
  • Section 3A: Specific game need not be stated or proved
  • Section 4: Offences relating to common gaming houses
  • Section 4A: Assisting in carrying on a public lottery, etc.
  • Section 4B: Offences relating to dealing in gaming machines
  • Section 5: Advancing or furnishing money for establishing or conducting
  • Section 6: Gaming in common gaming house
  • Section 7: Gaming in public
  • Section 8: Instigating, promoting, or facilitating gaming in public
  • Section 9: Buying lottery ticket
  • Section 10: Money paid recoverable
  • Section 11: Presumption against person selling lottery tickets, etc.
  • Section 12: Sales of lottery tickets void
  • Section 13: Responsibility of employers and overseers
  • Section 14: Arrest by employer
  • Section 15: Power to enter on premises
  • Section 15A: Closure of premises
  • Section 16: Search warrant against premises
  • Section 16A: Forfeiture of seized gaming machines
  • Section 17: Search warrant against persons
  • Section 18: Entry and search by Magistrate or senior police officer
  • Section 19: Presumption against house and occupier
  • Section 20: Presumption against house, occupier and owner
  • Section 20A: Liability of office-bearers, etc.
  • Section 21: Order for demolition of structural contrivances for facilitating gaming
  • Section 21A: Disconnection of supply of energy
  • Section 22: Protection of informers
  • Section 22A: Protection of officers, etc.
  • Section 23: Offenders as witnesses for prosecution
  • Section 23A: Agent to secure evidence
  • Section 24: Trial
  • Section 25: Binding over on second conviction
  • Section 26: Reward to informer
  • Section 27: Saving
  • Section 27A: Power to license promotion and organization of gaming by a company
  • Section 28: Repeal
  • Schedules

References

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  1. ^ a b "Common Gaming Houses Act 1953 (Revised 1983)". www.commonlii.org. Retrieved 2022-10-07.
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