Common Gaming Houses Act · 2019 Revised Edition
16. Presumptive proof against house and occupier
Official textFrom Attorney General's Chambers, unchanged
If —
any instruments or appliances for gaming are found in any place entered under this Act or upon any person found therein;
gaming
“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;
persons are seen or heard to escape therefrom on the approach or entry of a Magistrate or a senior police officer; or
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.
a police officer or any person having authority under this
Act to enter or go to such place is unlawfully prevented from or obstructed or delayed in entering or approaching the place or any part thereof,
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;
Common Gaming Houses 16
it shall be presumed, until the contrary is proved, that the place is a common gaming house and that the place is so kept or used by the occupier thereof.
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;
Presumptive proof against house occupier and owner; Commissioner of
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;