This Chinese New Year (CNY), like any other festive season in Malaysia, it seems that the celebrations would not be complete without the sounds and sights of fireworks. While lighting up fireworks and firecrackers is pretty common in our country and for CNY in particular, has some historical and cultural context to them, did you know that most fireworks and firecrackers are actually illegal in Malaysia?
In fact, there are only two types that are legally allowed in our country, from the brands “Happy Boom” and “Pop-Pop” respectively. Furthermore, if you are caught playing with fireworks and firecrackers other than the two brands by the authorities, you may face imprisonment of up to 1 month or a fine of RM100 or both!
The only two legal fireworks and firecrackers in Malaysia
The punishment is more severe if you are found to have manufactured, imported or have in your possession dangerous fireworks, which is imprisonment of up to 5 years or a fine of RM10,000 or both. Moreover, the jail sentence is up to 7 years if the fireworks caused explosions that are “likely to endanger life or property”.
So, why is this so? Well, we got in touch with a Malaysian lawyer to shed some light on the matter and as it turns out, the relevant laws and regulations on the matter are quite intriguing.
Fireworks are considered “explosive devices”
Speaking to WORLD OF BUZZ, Luqman bin Mazlan, the founding partner of Kuala Lumpur-based law firm Luqman Iswatt & Partners Advocates & Solicitors, shared that the most relevant laws regarding the use of fireworks in Malaysia are the Explosives Act 1957 and the Minor Offences Act 1955.
Under Section 2 of the Explosives Act 1957, fireworks are listed as one of the items that are considered “explosive” by the Interpretation section of the Act. In other words, in the eyes of the law in Malaysia, fireworks are in the same category as gunpowder, dynamite, rockets and detonators, among others.
Screenshot of Section 2 of the Explosives Act 1957
Furthermore, Luqman further elaborated that should an individual be convicted of manufacturing, importing or having in their possession fireworks or any of the explosives mentioned under Section 2 of the Act, they face a jail term of up to 5 years or a fine of RM10,000 or both. This is prescribed under Section 4(2) of the Explosives Act 1955.
A more severe punishment awaits those convicted under Section 6 of the Act, which prescribed the penalty for causing an explosion that is “likely to endanger life or property” as up to 7 years imprisonment or up to RM10,000 fine or both. Section 6 of the Explosives Act 1957 is as per below:
Screenshot of Section 6 of the Explosives Act 1957
Nevertheless, there are always exceptions to the general rule. For fireworks and firecrackers, Luqman clarified that the presiding authority over the matter is the Ministry of Home Affairs (MOHA) and it does allow for the lighting up of a fireworks display or pyrotechnics during formal government events and concerts, as well as events specially approved by the ministry.
However, approval from MOHA is a policy decision and the application is under the orders of other agencies like the Police (security), Fire Department (safety) and Public Aviation Department (air traffic) during ignition. Do note that the application requirements for pyrotechnics are quite strict and the process can be found on MOHA’s official website here.
Luqman bin Mazlan, founding partner of Luqman Iswatt & Partners Advocates & Solicitors
As for the regular citizen that just wants to light up fireworks to celebrate CNY or any other festivities, MOHA asserted that the Malaysian Government allows only for the igniting of fireworks and firecrackers under the brand “Happy Boom” and “Pop-Pop”. As for why only these two are allowed, Bukit Aman criminal investigation department director Abd Jalil Hassan was previously quoted as saying that it is because they did not contain explosive chemicals that could endanger safety.
Minor Offences Act 1955
According to Luqman, lighting up banned fireworks and firecrackers in Malaysia is more often subject to the Minor Offences Act 1955 rather than the Explosives Act 1957. under Section 3(5) of the Minor Offences Act 1955, any person who lets off banned fireworks faces up to 1 month in jail or up to RM100 fine or both if convicted.
Screenshot of Section 3(5) of the Minor Offences Act 1955
Hence, this CNY, do make sure to only light up fireworks or firecrackers that have been approved by the authorities, which are from the brands Happy Boom and Pop-Pop. More importantly, make sure to always stay safe and not be overzealous in your celebrations as the last thing one would want during the festivities is for tragedy to strike.
From all of us at WORLD OF BUZZ, we would like to wish all Malaysians a Happy Chinese New Year and may the blessing of the New Year be with you and your family this Year of the Rabbit!
Also read: WATCH: Malaysians Play A Dangerous Game Of Fireworks ‘War’, Get Arrested By PDRM
