Parliament of Malaysia

“ Where under a testamentary disposition, whether specific or general, a person is entitled beneficially or otherwise, to the manuscript of a literary or musical work, or to an artistic work, and the work has not been published before the death of the testator, the testamentary disposition shall, unless a contrary intention is indicated in the testator’s will or a codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death. ”

“ If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further. ”

“ Any person who causes a literary or musical work to be performed in public shall be guilty of an offence under this subsection unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed. ”

“ In exercising the power conferred by subsection (2) , the Court in imposing the sentence of imprisonment for life and whipping of not less than fifteen strokes, may have regard only to the following circumstances: (a) there was no evidence of buying and selling of a dangerous drug at the time when the person convicted was arrested; (b) there was no involvement of agent provocateur; or (c) the involvement of the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug ”

“ The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be re-appointed as Director General by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. ”

“ A statement made, whether orally or in writing, in the course of, or for the purposes of, an investigation or inquiry into a security offence by any person who is dead or who cannot be found, or who has become incapable of giving evidence shall be admissible as evidence. ”

“ Copyright is infringed by any person who does, or causes any other person to do, without the licence of the owner of the copyright, an act the doing of which is controlled by copyright under this Act. ”

“ Evidence of witness given in a special manner
14. (1) Notwithstanding Article 5 of the Federal Constitution and section 264 of the Criminal Procedure Code, where at any time during the trial of a security offence, any of the witnesses for the prosecution refuses to have his identity disclosed and wishes to give evidence in such a manner that he would not be seen or heard by both the accused and his counsel, the Public Prosecutor may make an oral application to the court for the procedures in this section to apply. ”

“ Any proceedings against any person who has been charged, whether or not trial has commenced or has been completed, and has not been convicted under section 39b of the principal Act by a competent Court before the appointed date, shall on the appointed date be dealt with by the competent Court and be continued under the provisions of the principal Act as amended by this Act. ”

“ An assignment, licence or testamentary disposition may be effectively granted or made in respect of a future work, or an existing work in which copyright does not yet subsist, and the future copyright in any such work shall be transferable by operation of law as movable property. ”

“ Notwithstanding subsection (2) , no vessel shall be stopped, entered, boarded, searched, inspected or detained within the area of territorial sea if the passage of the vessel within the territorial sea is an innocent passage.
(5) For the purpose of subsection (4) the passage of a vessel is an innocent passage if and so long as the passage of the vessel is not prejudicial to the peace, good order or security of Malaysia. ”

“ Where it appears to an Assistant Controller or a police officer not below the rank of Inspector that it is not practical to remove from where they are found, any thing or document seized by him in the exercise of his powers under this Act, by reason of their nature, size or amount, he may by any means seal such things or documents in the premises or container in which they are found and it shall be an offence for any person without lawful authority to break, tamper with or damage such seal or remove such things or documents or to attempt to do so. ”

“ Where a person is authorized, whether by virtue of an assignment, a licence or otherwise, to publish, reproduce, perform in public, broadcast or communicate by cable a work, that person may make modifications to the work if it would be reasonable to expect that the authorized publication, reproduction, public performance, broadcast or communication by cable, as the case may be, could not take place without the modifications ”

“ If the court decides that the sensitive information is relevant the court shall conduct the trial in camera.
Sensitive information that arises during trial
11. (1) If during the course of the trial the court issues a summons to the Public Prosecutor to produce a document under section 51 of the Criminal Procedure Code and the document contains sensitive information, the Public Prosecutor shall produce the documents for the court to refer to the document. ”

“ Subject to this Act, infringements of copyright shall be actionable at the suit of the owner of the copyright and in any action for such an infringement, all such relief by way of damages, injunction, accounts or otherwise, shall be available to the plaintiff as are available in any corresponding proceedings in respect of infringement of other proprietary rights. ”

“ Subject to the provisions of this Act, the publisher of an edition shall be entitled to any copyright subsisting in the edition by virtue of this section.
(3) The act restricted by the copyright subsisting by virtue of this section in an edition is the making of a reproduction of the typographical arrangement of the edition.
Qualification for protection. 10. (1) Copyright shall subsist in every work eligible for copyright of which the author or in the case of a work of joint authorship, any of the authors is, at the time when the work is made, a qualified person. ”

“ Where an offence under this section is committed by a body corporate or by a person who is a partner in a firm, every director, secretary or manager of the body corporate or, as the case may be, every other partner in the firm shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence. ”

“ For the purposes of this section, a licensing body shall be deemed to have refused to grant a general licence to a person if the licensing body has failed, within a reasonable time from the date when that person had made a written request to the licensing body for such a licence, to grant a licence or to state in writing the terms and conditions on which it is prepared to grant the licence. ”

“ Any person asserting that he is the owner of any article, book, document, copy or contrivance seized under this Act and that the same are not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to an Assistant Controller of his claim. ”

“ While an order made by the High Court by way of determination of a dispute referred to it pursuant to subsection (1) remains in force, either party to the dispute may refer the matter back to the High Court for further consideration, but, except with the special leave of the Court—
Regulations and extension of application of Act. 59. ”

“ Entry by warrant or otherwise. 45. Effecting entry, removal and detention. 46. List of things seized. 47. Sealing of things. 48. Obstruction to search. 49. Warrant admissible notwithstanding, etc. 50. Powers of investigation. 51. Admissibility of statement. 52. Disclosure of information. 53. Conduct of prosecution in court. 54. Forfeiture of articles. 55. Proportional examination of articles seized to be accpeted. 56. Protection of informers from discovery. 57. Protection of Assistant Controllers and police officers.
Part VIII
MISCELLANEOUS
58. ”

“ License to produce and publish translation. 32. Appeal from decision of the Tribunal. 33. Tribunal may request for information. 34. No action to lie against Tribunal. 35. Regulations relating to Tribunal.
Part VI
REMEDIES FOR INFRINGEMENTS AND OFFENCES
36. Infringements. 37. Action by owner of copyright and relief. 38. Proceedings in case of copyright subject to exclusive license. 39. Restriction on importation of infringing copies. 40. Back-up copy of computer program. 41. Offences. 42. Affidavit admissible in evidence. 43. Penalty.
Part VII
ENFORCEMENT
44. ”