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28 Laws of Malaysia ACT 574<br />

(b) by any citizen or any permanent resident in any place<br />

without and beyond the limits of Malaysia,<br />

as if the offence had been committed in Malaysia.<br />

(2) In this section—<br />

(a) “offence” includes every act done outside Malaysia which,<br />

if done in Malaysia, would be an offence punishable<br />

under this Code;<br />

(b) “permanent resident” has the meaning assigned by the<br />

Courts of Judicature Act 1964 [Act 91].<br />

Certain laws not to be affected by this Code<br />

5. Nothing in this Code is intended to repeal, vary, suspend or<br />

affect any of the provisions of any written law for punishing<br />

mutiny and desertion of officers, soldiers and airmen in the Malaysian<br />

Armed Forces, or of any other law for the time being in force.<br />

CHAPTER II<br />

GENERAL EXPLANATIONS<br />

Definitions in the Code to be understood subject to exceptions<br />

6. Throughout this Code every definition of an offence, every<br />

penal provision and every illustration of every such definition or<br />

penal provision, shall be understood subject to the exceptions<br />

contained in the Chapter entitled “General Exceptions”, though<br />

those exceptions are not repeated in such definition, penal provision<br />

or illustration.<br />

ILLUSTRATIONS<br />

(a) The sections in this Code which contain definitions of offences, do<br />

not express that a child under ten years of age cannot commit such<br />

offences, but the definitions are to be understood subject to the general<br />

exception which provides that “nothing shall be an offence which is done<br />

by a child under ten years of age”.<br />

(b) A, a police officer, without warrant, apprehends Z, who has committed<br />

murder. Here A is not guilty of the offence of wrongful confinement, for<br />

he was bound by law to apprehend Z, and therefore the case falls within<br />

the general exception which provides that “nothing is an offence which<br />

is done by a person who is bound by law to do it”.

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