Malaysia's government is seeking the forfeiture of money and properties linked to online gambling, according to a report published on 22 December 20221. The report states that the police were active in cracking down on gambling dens at the end of last year1. No further details of the forfeiture action, including which agency filed it, which court is handling it or what assets are involved, have been reported1.
Malaysia's main gambling statutes are the Common Gaming Houses Act 1953 and the Betting Act 19531. Under section 4 of the Common Gaming Houses Act 1953, a person who keeps or uses a place as a common gaming house can be fined between RM 5,000 and RM 50,000 and jailed for up to 3 years, with additional punishment for each gaming machine1. Anyone who advances or furnishes money to establish or conduct a common gaming house, or who profits from it, commits an offense1:
"Any person who advances or furnishes money for the purpose of establishing or conducting the business of a common gaming house or for the purpose of a public lottery or who profits from the establishment or conduct of such business shall be guilty of an offense"
Gaming in a common gaming house carries a fine of up to RM 5,000, a jail term of up to 6 months, or both1. Gaming in public carries the same maximum penalties, and a police officer may arrest without warrant anyone found gaming in a public place and seize gaming instruments1. The law counts stakes other than money, including items such as a phone or a watch, and things used to represent money1. Dealing in, manufacturing or assembling gaming machines carries a fine between RM 10,000 and RM 100,000 and a jail term of up to 5 years1.
| Offence | Maximum penalty |
|---|---|
| Keeping or using a place as a common gaming house (s.4) | RM 5,000 to RM 50,000 fine and up to 3 years jail, plus additional punishment per gaming machine1 |
| Financing or profiting from a common gaming house (s.5) | Fine of up to RM 5,000, up to 6 months jail, or both1 |
| Gaming in a common gaming house (s.6(1)) | Fine of up to RM 5,000, up to 6 months jail, or both1 |
| Gaming in public (s.7(1)) | Fine of up to RM 5,000, up to 6 months jail, or both1 |
| Dealing in, manufacturing or assembling gaming machines (s.4a) | RM 10,000 to RM 100,000 fine and up to 5 years jail1 |
| Muslim caught gambling (state Syariah enactments) | Fine of up to RM 3,000, up to 2 years jail, or both1 |
Muslims in Malaysia are also subject to state Syariah criminal enactments, which vary by state1. In Penang, a Muslim caught gambling can be fined up to RM 3,000, jailed up to 2 years, or both, and in Pahang a Muslim's mere presence in a place for gambling carries the same punishment1. Muslim tourists are subject to these laws as well1.
What it means for players
Licensed operators in Malaysia include Toto, Magnum and Damacai, which hold licenses granted by the Minister of Finance, and there is a casino at Genting Resorts1. The report describes online gambling by Malaysians as a gray area in the law, while noting that a Sabahan man was found guilty of online gambling and sentenced to a fine of RM1,100 or two months' jail1. Under the Common Gaming Houses Act 1953, a home where people play poker with money or valuables at stake is technically considered a common gaming house for that period, and participants can fall under the Act1. The report also notes that a house or premises containing gambling materials and operating as a common gaming house would be presumed to be one until proven otherwise1. The Royal Malaysia Police has released a list of phone numbers for reporting illegal gambling1.
What happens next
No next steps in the forfeiture action, including any hearing date or further enforcement measures, have been reported1.
Sources1 sources
- Is it illegal for Malaysians to gamble at home?, cilisos.my
