Common Gaming Houses Act · 2019 Revised Edition
15. Magistrate may himself enter and search
Official textFrom Attorney General's Chambers, unchanged
A Magistrate or a senior police officer may himself do, what he may under sections 13 and 14 authorise a police officer to do, whenever such
a senior police officer
“a senior police officer” means any police officer not below the rank of Assistant Superintendent and includes any police officer by name or office specially authorised by His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to exercise the powers of a senior police officer under this Act.
Magistrate is competent to issue a warrant under such sections respectively and also in any of the following cases —
if any person has within the preceding 6 months been convicted of having kept or used as a common gaming house the place proposed to be entered;
common gaming house
“common gaming house” includes — (a) any place kept or used for gaming, to which the public or any class of the public has or may have access; (b) any place kept for habitual gaming, whether the public or any class of the public has or may have access to it or not; (c) any place kept or used for the purpose of a public lottery; (d) any place (including a place which is owned, occupied, possessed, kept, used or maintained by any society or any other organisation, body or group of persons, whether or not that society, organisation, body or group is established by or under any written law) — (i) where four or more persons are gaming; (ii) where any game specified in the Schedule is being played; or (iii) where gaming is carried out and for which payment is made by any person to any society, organisation, body or group of persons or any other person as consideration for permitting gaming in such place;
if the place proposed to be entered is occupied by a club or society and he has reason to believe that habitual gaming is carried thereon;
place
“place” means any house, office, room or building and any place or spot whether open or enclosed and includes a ship, boat or other vessel whether afloat or not and any vehicle;
if he has personal knowledge of such facts and circumstances as to satisfy him that there are sufficient grounds for a search under sections 13 and 14, respectively; or
if he receives the required information orally and under such circumstances that the object of a search would in his opinion be defeated by the delay necessary for reducing the information to writing:
Provided that the name and address of the person giving such information is known to or ascertained by such Magistrate before he acts upon such information.
Terms defined in s 2
a senior police officer
Defined · s 2“a senior police officer” means any police officer not below the rank of Assistant Superintendent and includes any police officer by name or office specially authorised by His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to exercise the powers of a senior police officer under this Act.
common gaming house
Defined · s 2“common gaming house” includes — (a) any place kept or used for gaming, to which the public or any class of the public has or may have access; (b) any place kept for habitual gaming, whether the public or any class of the public has or may have access to it or not; (c) any place kept or used for the purpose of a public lottery; (d) any place (including a place which is owned, occupied, possessed, kept, used or maintained by any society or any other organisation, body or group of persons, whether or not that society, organisation, body or group is established by or under any written law) — (i) where four or more persons are gaming; (ii) where any game specified in the Schedule is being played; or (iii) where gaming is carried out and for which payment is made by any person to any society, organisation, body or group of persons or any other person as consideration for permitting gaming in such place;
gaming
Defined · s 2“gaming” means playing any game of chance or of mixed chance and skill for money or money’s worth and includes — (a) playing any game specified in the Schedule; and (b) playing or operating any gaming machine;
place
Defined · s 2“place” means any house, office, room or building and any place or spot whether open or enclosed and includes a ship, boat or other vessel whether afloat or not and any vehicle;