From:
State Secretary
To: All Residents and
District Officers
Subject:
Extension of Arms Act 1960 to Sarawak
All SAO-in-Charge of Sub-Districts
Ref: 108/PKM/429/1 c.c.: Please see below
Date:
29th April, 1978
Your attention is drawn to the Arms and Explosives (Extension) Order, 1977, which was published in the Federal Gazette as P.U.(A)260 on 1st September, 1977. You will note that this Order repeals our Arms and Explosives Ordinance (Cap. 135) and all the subsidiary legislation made thereunder. It also extends to Sarawak with effect from 1st September, 1977, the provisions of the Federation of Malaya Arms Act, 1960 - (No.21/1960) and its subsidiary legislation.
2. Notwithstanding anything contained in the Arms Act, 1960, the operation of the said Act shall be subject to the Sabah and Sarawak (Executive Powers)(Shotguns) Order, 1977 - (see P.U.(A)259/77). Under this Order, the administration of those provisions of the Arms Act, 1960, which relate to the grant, issue, renewal, refusal, revocation, cancellation and suspension of arms license and arms permits (but only in respect of shotguns and ammunition thereof) has been extended to the executive authority of the State, and the Chief Minister may authorise a State Officer to exercise and perform those powers and duties. Accordingly, the Chief Minister has made a notification, as in the attached form which will soon be published, authorising the State Secretary, all Residents and District Officers to exercise and perform those powers and duties in their respective administrative areas.
3. All Licensing Authorities so authorised should note that they must not issue any arms license or arms permit in contravention of any directions of the Inspector-General of Police - (see Article 3 of the Sabah and Sarawak (Executive Powers)(Shotguns) Order, 1977).
4.
Licenses and permits issued under the Arms Act, 1960 must be in the form
prescribed in the Schedule to Arms Licensing Regulations, 1961, and under
no circumstances should they be issued without prior consultation with
the Commissioner of Police - (see Article
2(a) of Sabah and Sarawak (Executive Powers) (Shotguns) Order, 1977.
5.
Licensing Authorities are reminded that they are required to furnish
the Commissioner of Police with particulars of every arms license or arms
permit granted or renewed under section 4 of the Arms Act, 1960, in the
manner prescribed
in Form 4 of the Schedule to the Arms Licensing Regulations, 1961 (see
section 4(5) of the Arms 1960).
1. License to possess arms and ammunition:
(b) For any amooth bore shotgun
(i) for protection of
agriculture produce by
a cultivator on his
own land .......................................................................
$1.00
(ii) for protection of
agriculture produce
and/or game hunting ......................................................
$2.00
(iii) for commercial purposes,
i.e., for security, self/
or property protection,
etc. .............................................................................
$25.00
(iv) for sports (other than
game hunting) .............................................................
$25.00
2. Permit to carry and use arms and ammunition:
(b) for any amooth bore shotgun -
(i) for protection of
agriculture produce by a
cultivator on his own
land ............................................................................
$1.00
(ii) for protection of
agriculture produce and/
or game hunting ..........................................................
$2.00
(iii) for commercial purposes,
i.e., for security, self/
or property protection,
etc. ..........................................................................
$25.00
(iv) for sports (other than
game hunting) ..........................................................
$25.00
Provided that where a license or permit is issued between the 1st of January and the 30th June of the same year, the fee to be charged shall be one-half of the annual fee referred to above (see item 17 of the Second Schedule to the Arms Act, 1960).
The following notifications with effect from 1.9.1977 have been made:-
Under this Notification, the following officers are authorised to deal
with matters relating to the grant, issue, renewal, refusal, revocation,
cancellation and suspension in respect of shotguns and shotgun ammunition:-
State Secretary -
in the whole of Sarawak;
All Residents
- in their
respective
Divisions;
All District
- in their
respective
Districts.
This authorisation is given subject to prior
consultation with the Commissioner of
Police or other
Police Officers authorised by him.
(ii) The Shotguns and Ammunition (License Fees)
(Exemption) Notification, 1978 Exempting the
following persons from payment of the license fees:
These notifications are now being printed under Part
II of the Sarawak Government Gazette. They are
made in order to maintain as much as possible the
existing arrangements in the State in view of
the
repeal of the State legislations by the extension
of the Arms Act, 1.960, to Sarawak. In
other words,
all the administrative arrangements existing
before the change of the law generally remain
the same
except the followings:
(a) All dealings with the Arms Dealer's
license i.e.,
applications, issue of
licenses, fees and
control in respect
of this item are now transferred to
the Commissioner of Police;
(b) The system and rates of payment of license/permit
fees in respect of shotgun are changed
as explained in the foregoing paragraphs.
7. Unless an arms license or arms permit is previously revoked or cancelled, the license or permit expires on the 30th day of June next following the date of issue but may be renewed for a further period of one year from the said 30th day of June, and so on, from time to time (see section 4(4) of the Arms Act, 1960).
8.
In the case of existing license or permit issued under the
repealed Arms and Explosives Ordinance which expires on a
date different from that referred to above, the license or permit may be
renewed for a further period up to the 30th day
of June next following the date of issue, and the fee to
be charged for
the renewal shall be a sum calculated at the rate
of one-twelfth of the annual fee prescribed under the Shotguns
and Ammunition (Fees) Notification, 1978, as
indicated
above for each month or part of a month for which the
renewal license or permit is issued and item 17 of the
Second Schedule
to the Arms Act, 1960, referred to in the proviso
to paragraph 6 above shall have no application in
such a case
(see Article 6 of the Arms and Explosives (Extension)
Order, 1977).
9.
Application for licenses to carry on any trade or business
of dealing in shotguns and ammunition should be
directed to
the Commissioner of Police in accordance with section 10
of the Arms Act, 1960. The Licensing Authorities appointed
under the Shotguns and Ammunition (Licensing Officers)
(Authorisation) Notification, 1978, should note
that they
are not responsible for the granting of a dealer's license.
10. Licensing Authorities are expected to be conversant with the Arms Act, 1960, and the Arms Licensing Regulations, 1961. In particular your attention is drawn to section 3 to 9 and 11 of the said Act and regulations 3 to 6, 8, 11 and 13, Forms 1, 2, 3, 4 and 11 of the said Regulations.
11.
I trust you are all in possession of copies of the legislation
referred to above since all Residents and District Officers
are recipients of Federal law and Gazettes distributed
by the Government Printer. In the case of the Arms
Licensing Regulations, 1961, I shall have copies of them
sent to you in
due course.
(DATUK ABANG
HAJI PUTEH)
for State
Secretary.
c.c. Federal
Secretary.
State Attorney-General.
Commissioner of Police.
Permanent Secretary, MLG.