NATIONAL EMBLEMS (CONTROL OF DISPLAY) ACT 1949

NATIONAL EMBLEMS (CONTROL OF DISPLAY) ACT 1949 - Act 193

ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Display of national emblems in public or schools prohibited
4. Exceptions
5. Exemptions
6. Arrest without warrant
7. Power of entry and search
8. Offences and penalties
An Act to control the display of national emblems.

1. Short title
This Act may be cited as the National Emblems (Control of Display) Act 1949.
2. Interpretation
In this Act, 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
organization 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 organization;
. “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 Malaysia and any State included in Malaysia,
and includes any dependency, possession or part of any State.
3. Display of national emblems in public or schools prohibited
(1) No person shall display in public or at or within any school any 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.
4. Exceptions
Nothing in section 3 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 Malaysia to
whom an exequatur or provisional or other authorization 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 recognized as representing that Government in
Malaysia; or
(iii) any person upon whom the immunities and privileges referred to in Part II
or Part III of the Schedule to the Diplomatic and Consular Privileges
Ordinance 1957 [Ord. 53 of 1957] have been conferred under that
Ordinance;
(b) the display of any national emblem on any ship or aircraft.
5. Exemptions
The Minister may, by order published in the Gazette or by a permit in writing, exempt from the provisions of section 3 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.
6. Arrest without warrant
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 Act.
7. Power of entry and search
Any police officer may enter any premises where any national emblem is displayed contrary to
this Act or the terms or conditions of any order or permit made or given under section 5 or any
school in which he has reasonable cause to believe that an offence against this Act 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.
8. Offences and penalties
(1) Any person who—
(a) displays any national emblem contrary to this Act or any condition of any order or
permit made or given under section 5; 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 this Act or any condition of any order or permit
made or given under section 5,
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 for a term not
exceeding six months or to a fine not exceeding five hundred ringgit or to both;
(ii) in the case of a body corporate, to a fine not exceeding one thousand ringgit.
(2) No prosecution shall be instituted under this Act without the prior consent, in writing,
of the Public Prosecutor.