Section 277A
Offences caused by fire
of Penal Code
(1)
Notwithstanding any other written law -
(a)
any person who in any open place and during a prescribed period wilfully or negligently starts or keeps any fire or does any act in relation to any fire; and
(b)
subject to subsection (3), any registered owner and any occupier of any open place in which during a prescribed period any person wilfully or negligently starts or keeps any fire or does any act in relation to any fire, shall be punished with fine not exceeding $1 00,000.
(2)
Notwithstanding any other written law -
(a)
any person who in any place and during a prescribed period wilfully or negligently starts or keeps any fire or does any act in relation to any fire; and
(b)
subject to subsection (3), any registered owner and any occupier of any place in which during a prescribed period any person wilfully or negligently starts or keeps any fire or does any act in relation to any fire,
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Penal Code in such a manner as to -
(i)
endanger or be likely to endanger human life to cause the destruction of or damage to any property, or to cause any injury, annoyance or obstruction to; or
(ii)
vitiate the atmosphere so as to make it noxious to the health of the public or any section of the public or any persons who may have access to use any public right, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.
(3)
Any such registered owner or occupier is not guilty of an offence under subsection (I) or (2) if he proves to the satisfaction of the court that -
(a)
it was committed without his knowledge, consent or connivance and was not attributable to any act or default on his part;
or
(b)
he attempted to prevent the commission of the offence.
(4)
In this section -
"Minister" means the Minister designated by His Majesty the
Sultan and Yang Di-Pertuan as the Minister responsible for environment;
"occupier" means the person in occupation of the open place or places, or having the charge, management or control thereof either on his own account or as agent of another person, and includes a tenant or lodger;
"prescribed period" means any period beginning with such date as may be declared by the Minister by order published in the
Gazette to be the commencement, and ending with such date as may be so declared to be the termination, of the prescribed period for the purpose of this section.