Comments
1- The 'victim' of POCA is denied the right to a fair trial - he can simply be subjected to Detention Orders(indefinite), Police Supervision/Restriction Orders(indefinite), and the 'victim' cannot even challenge these orders.
2. NO Judicial Review of the reasons why these orders were made is not allowed - Judicial Review is where the Courts will review the lawfulness decisions of the Executive/Legislative - a very important check and balance. Here we a Board making Orders - and WHO is this Board? {Also there is no right to appeal to the Minister]. In fact, the Act fails to identify the responsible Minister - possibly the Home Minister?
no judicial review in any court of, and
no court shall have or exercise any jurisdiction in respect of, any act done or
decision made by the Board in the exercise of its discretionary power
3 - Even, when it comes to REMAND - the discretionary powers of the Magistrate is removed - all that police is required is produce a written statement stating 'there are grounds for believing that the name of that
person should be entered on the Register' - looks like the Magistrate cannot even 'evaluate' the said grounds...and maybe even the lawyer(or the suspect) cannot also challenge - police give the document and Magistrate no choice but give 21 day remand? It defeats the entire reason of REMAND - it is for the Magistrate to make sure that the police is not abusing their power of keeping suspects in detention - so the Magistrate makes sure that detention is really because the police needs the suspect for investigation - not simply to 'punish' by keeping him/her locked up...POCA removes this 'check and balance', necessary to prevent abuse...
4 - POCA allows the police to be 'lazy' - no need to properly investigate, and find sufficient evidence needed to prove a person is guilty beyond a reasonable doubt in a court of law. Now, simply can resort to POCA and send the person off to Detention Centres - and commonly it is known as 'Pusat Pemulihan' [Rehabilitation Centres]. Persons who are innocent, or who may be able to prove their innocence in court, can be deprived that right... and they have no legal remedy for their 'wrongful detention'
5 - Suspects, even if they are guilty, are prejudiced - for their 'detention without trial' will not prevent them being charged at a later date for the same offence, and sentenced again by court...
6 - During inquiry - inadmissible evidence will be considered, person's right to be present during inquiry not guaranteed, right to be represented by lawyer is denied 'except when his own evidence is being taken and recorded by the Inquiry
Officer'..
6 - POCA must be repealed - and, if the police/prosecution cannot prove a person guilty in court - then the person is considered innocent..and should be FREE.
PREVENTION OF CRIME ACT 1959 (REVISED - 1983)
ACT 297
Preamble
An Act to provide for the more effectual prevention of crime
throughout and for the control of criminals, members of secret societies,
terrorists and other undesirable persons, and for matters incidental thereto.
[1 April 1959, L.N. 85/1959]
WHEREAS action has been taken and further action is
threatened by a substantial body of persons both inside and outside Malaysia to
cause, or to cause a substantial number of citizens to fear, organized violence
against persons or property;
AND WHEREAS Parliament considers it necessary to stop such
action;
NOW, Therefore, pursuant to Article 149 of the Federal
Constitution IT IS ENACTED by the Parliament of Malaysia as follows:
PART I POWERS OF
ARREST AND REMAND
1 Short title
(1) This Act may be cited as the Prevention of Crime Act
1959.
(2) This Act shall apply throughout Malaysia.
2 Interpretation
(1) In this Act, unless the context otherwise requires-
"Board"
means the Prevention of Crime Board established under section 7B; [Ins. Act
A1459:s.5]
"district,
mukim, town or village" means the land included in any district, mukim,
town or village under the provisions of any law for the time being in force
relating to land;
"Inquiry
Officer" means an officer appointed by the Minister under section 8;
"Peninsular
Malaysia" (Deleted by Act A1460:s.5)
"Register" means the register kept by the Registrar under
section 12;
"registered
person" means a person whose name is entered on the Register;
"registrable
categories" means any of the categories prescribed in the First Schedule;
"Registrar"
means the Registrar of Criminals appointed under section 3 of the Registration
of Criminals and Undesirable Persons Act 1969 [Act 7];
"terrorist" has the same meaning assigned to it by the Penal
Code [Act 574];
[Ins. Act
A1484:s.3]
(2) References to the supervision of the police shall be
construed as references to the obligations imposed upon persons subject to
police supervision under section 296 of the Criminal Procedure Code [Act 593].
3 Arrest and
production before a Magistrate
(1) A police officer may without a warrant arrest any person
if he has reason to believe that grounds exist which would justify the holding
of an inquiry into the case of that person under this Act.
(1A) When a person is arrested under subsection (1), the
case shall be referred by the police officer to the Public Prosecutor for
direction not later than seven days from the date of arrest.
[(1A) Ins. Act A1484:s.4]
(2) Any person arrested under subsection (1) shall, unless
sooner released, be taken without unreasonable delay, and in any case within
twenty-four hours (excluding the time of any necessary journey) before a
Magistrate.
4 Procedure before
Magistrate
(1) Whenever any person is taken before a Magistrate under
subsection 3(2) the Magistrate shall-
(a) on production
of a statement in writing signed by a police officer not below the rank of
Inspector stating that there are grounds for believing that the name of that
person should be entered on the Register, remand the person in police custody
for a period of twenty-one days; or
[Am. Act
A1459:s.6]
(b) if no such
statement is produced, and there are no other grounds on which the person is
lawfully detained, direct his release.
(2) Any person remanded under paragraph (1)(a) shall, unless
sooner released, on or before the expiry of the period for which he is remanded
be taken before a Magistrate, who shall-
(a) on production
of-
(i) a
statement in writing signed by the Public Prosecutor stating that in his
opinion sufficient evidence exists to justify the holding of an inquiry under
section 9; and
[Am. Act
A1484:s.5]
(ii) a
statement in writing signed by a police officer not below the rank of Assistant
Superintendent stating that it is intended to hold an inquiry into the case of
that person under section 9,
order the person
to be remanded in custody for a period of thirty-eight days; or
[Am. Act
A1459:s.6]
(b) if no such
statements are produced, and there are no other grounds on which the person is
lawfully detained, direct his release.
(2A) No person shall be arrested and detained under this
section solely for his political belief or political activity.
[(2A) Ins. Act A1484:s.5]
(3) Except as provided in subsection 9(5), the provisions of
section 28A of the Criminal Procedure Code shall apply to any person remanded
under section 4.
[Ins. Act A1459:s.6]
(4) The Public Prosecutor may appear in any application made
under this section.
[(4) Ins. Act A1484:s.5]
(5) For the purpose of this section, "political belief
or political activity" means engaging in a lawful activity through-
(a) the expression
of an opinion or the pursuit of a course of action made according to the tenets
of a political party that is at the relevant time registered under the
Societies Act 1966 [Act 335] as evidenced by-
(i) membership
of or contribution to that party; or
(ii) open and
active participation in the affairs of that party;
(b) the expression
of an opinion directed towards any government in Malaysia; or
(c) the pursuit of
a course of action directed towards any government in Malaysia.
[(5) Ins. Act A1484:s.5]
5 [Deleted]
6 Person in
custody to be brought before Inquiry Officer
Every person remanded in custody under section 4 shall, if
not sooner released, as soon as possible be brought before an Inquiry Officer.
[Am. Act A1459:s.8]
7 Release of person
remanded in custody
(1) Any person remanded in custody under section 4 may at
any time be taken before a Magistrate who, if there are no other grounds on
which the person is lawfully detained-
[Am. Act A1459:s.8]
(a) shall direct his
release if there is produced to him a statement in writing signed by a police
officer not below the rank of Assistant Superintendent stating that it is not
intended to continue with an inquiry into the case of that person under section
9; or
(b) in any other
case, on the application of a police officer may direct his release subject to-
(i) the
execution by the person of a bond, with or without sureties, for his due
appearance at such place or places and at such time or times and within such
period not exceeding fifty-nine days, as the Sessions Court Judge may direct;
or
[Am. Act
A1459:s.8]
(ii) the
supervision of the police for such period not exceeding forty-two days as the
Sessions Court Judge may direct.
[Am. Act
A1459:s.8]
(2) If a person is released under paragraph 7(1)(b), an
electronic monitoring device shall be attached on the person in accordance with
subsections (3) and (4).
[Ins. Act A1459:s.9]
(3) If the police officer intends to release the person under
paragraph (1)(b) and attach an electronic monitoring device on the person upon
his release, he shall submit a report to the Public Prosecutor before the
application under paragraph (1)(b) is made.
[Ins. Act A1459:s.9]
(4) Upon receipt of the report under subsection (3), the
Public Prosecutor may apply to the Sessions Court Judge for the person to be
attached with an electronic monitoring device in accordance with section 7A for
the period of his release as allowed under paragraph (1)(b).
[Ins. Act A1459:s.9]
7A Special procedures
relating to electronic monitoring device
(1) Upon application by the Public Prosecutor under section
7, the Sessions Court Judge shall order the person to be attached with an
electronic monitoring device for a period as the Sessions Court Judge may
determine but which shall not exceed the period of his release as allowed under
paragraph 7(1)(b).
(2) The Sessions Court Judge shall explain the operation of
the electronic monitoring device and the terms and conditions of the electronic
monitoring device to the person.
(3) The person shall sign a form as specified in the Third
Schedule and deposit the form with the Sessions Court Judge.
(4) The person shall be attached with an electronic
monitoring device by a police officer.
(5) The person shall comply with all the terms and
conditions of the electronic monitoring device and shall report to the nearest
police station at such time as specified in the form.
(6) Any person who fails to comply with the terms and
conditions under subsection (5) shall be guilty of an offence and liable to
imprisonment for a term not exceeding three years.
(7) Any person who tampers with, or destroys, the electronic
monitoring device shall be guilty of an offence and liable to imprisonment for
a term not exceeding three years and such person shall be liable to pay for any
damage to the electronic monitoring device arising from his action.
(8) Upon expiry of the period referred to in subsection (1),
the person shall report to the nearest police station for removal of the
electronic monitoring device.
[7A. Ins. Act A1459:s.10]
7B Prevention of
Crime board
(1) A Prevention of Crime Board is established which shall
consist of the following members to be appointed by the Yang di-Pertuan Agong:
(a) a Chairman,
who shall be a legally qualified person with at least fifteen years experience
in the legal field;
(b) a Deputy
Chairman; and
(c) not less than
three and not more than six other members.
(2) Every member of the Board shall, unless he sooner
resigns, hold office for a period not exceeding three years and is eligible for
re-appointment once for another period of three years.
(3) Every member of the Board may at any time resign his
office by giving notice in writing to the Yang di-Pertuan Agong.
(4) The appointment of any member of the Board may at any
time be revoked by the Yang di-Pertuan Agong.
(5) The quorum for any sitting of the Board shall be three
members.
(6) Subject to this Act, the Board shall determine its own
procedure.
(7) Every member of the Board shall be deemed to be a public
servant within the meaning of the Penal Code.
[7B. Ins. Act A1459:s.11; Subs. Act A1484:s.6]
PART II INQUIRIES
8 Appointment
of Inquiry Officers
The Minister may by writing under his hand appoint any
person by name or office, and either generally or for any particular case, to
be an Inquiry Officer for the purposes of this Act: provided that no police
officer shall be appointed to be an Inquiry Officer.
9 Duties and powers of Inquiry
Officers
(1) When any person is brought before an Inquiry Officer
under section 6 the Inquiry Officer shall inquire and report in writing to the
Board whether there are reasonable grounds for believing that the person is a
member of any of the registrable categories.
[Am. Act A1459:s.12]
(2) An inquiry held under subsection (1) shall be held in
such manner and in accordance with such procedure as the Board may direct.
[Am. Act A1459:s.12]
(3) An Inquiry Officer may, for the purpose of any inquiry
under this Act-
(a) procure and
receive all such evidence, in any form and whether the same be admissible or
not under any written law for the time being in force relating to evidence or
criminal procedure, which he may think necessary or desirable;
[Am. Act
A1459:s.12]
(b) summon and
examine witnesses on oath or affirmation, and may for those purposes administer any oath or affirmation;
(c) require the
production of any document or other thing in his opinion relevant to the
inquiry;
(d) if he
considers it necessary in the public interest or to protect a witness, or his
family or associates, receive evidence in the absence of the person who is the
subject of the inquiry:
[Am. Act
A1459:s.12]
Provided that
where any such evidence is received the Inquiry Officer shall communicate to
the person the substance of the evidence, so far as he may consider it
compatible with the public interest or the need to protect a witness, or his
family or associates so to do, and shall in every such case include in any
report made under subsection 10(2) a statement of the circumstances in which
the evidence was received;
[Am. Act
A1459:s.12]
(e) give any
direction as may be necessary.
(4) Any person summoned as a witness under subsection (3)
who without reasonable excuse fails to attend at the time and place mentioned
in the summons or who, having attended, refuses to answer any question that may
lawfully be put to him or to produce any document or thing which it is in his
power to produce, shall be guilty of an offence and liable to imprisonment for
a term not exceeding six months or to a fine not exceeding two thousand ringgit
or to both.
[Am. Act A1459:s.12]
(5) Neither the person who is the subject of the inquiry nor
a witness at an inquiry shall be represented by an advocate and solicitor at
the inquiry except when his own evidence is being taken and recorded by the Inquiry
Officer.
[Ins. Act A1459:s.12]
(6) The Public Prosecutor may appear at an inquiry to assist
the Inquiry Officer.
[Ins. Act A1459:s.12; Am. Act A1484:s.7]
(7) The Minister may by regulations prescribe the allowances
to be paid to witnesses summoned under subsection (3).
[(7) Ins. Act A1484:s.7]
9A Access by Inquiry Officer to detainees or
prisoners
(1) Notwithstanding any other written law, an Inquiry
Officer conducting an inquiry under this Act shall be allowed to have access to
any person whom he has reason to believe to be connected to or has any evidence
of any offence who is-
(a) being detained
under any other written law; or
(b) under
confinement in prison, whether convicted or not.
(2) Nothing in this section shall authorize the attendance
of the subject of the inquiry or his advocate and solicitor or representative,
if any, at the place of detention or prison.
[9A. Ins. Act A1459:s.13]
10 Report of Inquiry
Officer
(1) If the Inquiry Officer is satisfied that there are no
sufficient grounds for believing that the person who was the subject of the
inquiry is a member of any of the registrable categories, he shall report his
finding, together with his reasons for it, to the Board, and shall forward a
copy of his finding to the officer having custody of the person, who shall
forthwith serve a copy of the finding of the Inquiry Officer on that person.
[Subs. Act A1459:s.14]
(2) If the Inquiry Officer is satisfied that there are
reasonable grounds for believing that the person who was the subject of the
inquiry is a member of any of the registrable categories, he shall report the
grounds, together with his finding, to the Board, and shall forward a copy of
his finding to the officer having custody of the person, who shall forthwith
serve a copy of the finding of the Inquiry Officer on that person.
[Am. Act A1459:s.14]
(3) Whenever the Board, after considering the finding of the
Inquiry Officer submitted under subsection (1), is satisfied with respect to
any person that-
(a) there are no
sufficient grounds for believing that the person is a member of any of the
registrable categories, the Board shall forthwith direct any person having the
custody of that person, within twenty-four hours of the receipt of the
direction, to produce the person before a Sessions Court Judge, who shall
thereupon discharge the order of remand made under section 4 and, if there are
no other grounds on which the person is lawfully detained, shall order his
immediate release;
(b) based on the
Inquiry Officer’s finding there are sufficient grounds for believing that the
person is a member of any of the registrable categories, the Board shall
proceed in accordance with Parts III, IV and IVA of this Act.
[(3) Ins. Act A1459:s.14]
(4) If the Board makes a decision under paragraph (3)(b), it
shall forward a copy of its decision to the officer having custody of the
person, who shall forthwith serve a copy of the decision of the Board on that
person.
[(4) Ins. Act A1459:s.14]
11 Review by the
Board of decision of Inquiry Officer
[Shoulder note Am. Act A1459:s.15]
(1) Any person who was the subject of an inquiry who is
dissatisfied with any finding made under subsection 10(2) or decision under
paragraph 10(3)(b) may within fourteen days of the service thereunder of the
copy of the finding or decision on him by notice in writing request the Board
to review the finding or decision.
[Am. Act A1459:s.15]
(2) The Board shall, upon making any review under subsection
(1), and after considering the advice of a law officer thereon:
[Am. Act A1459:s.15]
(a) confirm the
finding made under subsection 10(2) or decision under paragraph 10(3)(b); or
[Am. Act
A1459:s.15]
(b) reverse the
finding or decision:
[Am. Act
A1459:s.15]
Provided that
if the Board reverses any such finding or decision, and the person who made the
request is still in custody, the Board shall within twenty-four hours of its
decision direct the person to be taken before a Sessions Court Judge, who shall
thereupon discharge the order of remand and, if there are no other grounds on
which the person is lawfully detained, shall order his immediate release.
[Am. Act
A1459:s.15]
PART III
REGISTRATION
12 Registration of
persons believed to be members of any of the registrable categories
(1) The Registrar shall keep a Register for the purposes of
this Act, in which shall be entered the name of every person-
(a) who is
reported by an Inquiry Officer to be a person in respect of whom there are
reasonable grounds for believing that he is a member of any of the registrable
categories; and
(b) who has not
requested any review under section 11, or in respect of whom the Board has
confirmed the finding made under subsection 10(2) or made or confirmed the
decision under paragraph 10(3)(b),
[Am. Act
A1459:s.16]
together with such other particulars as may be prescribed.
(2) The Board may, if it considers it in the interest of public
order or security to do so, with or without inquiry under this Act direct the
Registrar to enter in the Register the name, and such other particulars as may
be prescribed, of any person who is a member of any of the registrable
categories prescribed in Part II of the First Schedule.
[Am. Act A1459:s.16]
13 Person to be
registered to attend before a police officer
(1) Any police officer of or above the rank of Inspector may
by order in writing direct the attendance before him at such time and place as
may be specified in the order of any person whose name is required to be
entered in the Register, for the purpose of-
(a) taking the
finger impressions and photograph of the person;
(b) obtaining any
other particulars relating to the person as may be prescribed or as may be
necessary for effecting any such registration.
(2) If any person fails to attend as so directed a police
officer may report the failure to a Magistrate who shall thereupon issue a
warrant to secure the attendance of that person as required.
14 Removal of name
from the Register
The Board may at any time in its discretion direct the
Registrar to remove the name of any person from the Register, and thereupon the
person shall cease to be a registered person, unless and until his name is
subsequently re-entered in the Register in accordance with section 12.
[Am. Act A1459:s.17]
PART IV CONSEQUENCES
OF REGISTRATION
15 Police supervision
(1) The Board may by order direct that any registered person
named in the order shall be subject to the supervision of the police for any
period not exceeding five years if the Board is satisfied that it is necessary
that control and supervision be exercised over the registered person but that
it is not necessary to detain him, and may renew any such order for a further period
not exceeding five years at a time; and the registered person shall be conveyed
under police escort to the State, district, mukim, town or village in which he
is required to reside under subsection (2) (if any).
[Am. Act A1459:s.18]
(2) Any person placed under the supervision of the police by
order made under this section shall also be subject to all or any of the
following restrictions and conditions, as the Board may by order direct:
[Am. Act A1459:s.18; Am. Act A1484:s.8]
(a) he shall be
required to reside within the limits of any State, district, mukim, town or
village specified in the order;
(b) he shall not
be permitted to transfer his residence to any other State, district, mukim,
town or village, as the case may be, without the written authority of the Chief
Police Officer of any State concerned;
(c) except so far
as may be otherwise provided by the order, he shall not leave the State,
district, mukim, town or village within which he resides without the written authority
of the Chief Police Officer of the State concerned;
(d) he shall at
all times keep the Officer in Charge of the Police District in which he resides
notified of the house or place in which he resides;
(e) he shall be
liable, at such time or times as may be specified in the order, to present
himself at the nearest police station;
(f) he shall
remain within doors, or within such area as may be defined in the order,
between such hours as may be specified in the order, unless he obtains special
permission to the contrary from the Officer in Charge of the Police District;
(g) except so far
as may be otherwise provided by the order, he shall not be permitted to enter
any State, district, mukim, town or village specified in the order;
[Am. Act A1459:s.18]
(h) he shall use
only equipment and facilities of communication which are declared to and
approved by the Chief Police Officer of any State concerned;
(i) except so far
as may be otherwise provided by the order, he shall not access the internet;
(j) he shall keep
the peace and be of good behaviour;
(k) he shall enter
into a bond, with or without sureties as the Board may direct and in such
amount as may be specified in the order, for his due compliance with the restrictions
and conditions imposed on him by the order;
(l) he shall be
attached with an electronic monitoring device.
[(h)-(i) Ins. Act
A1459:s.18]
(3) The Board may by order in writing served on the
registered person, vary, cancel or add to any restrictions and conditions
imposed under this section.
[Am. Act A1459:s.18; Am. Act A1484:s.8]
(4) A registered person who contravenes or fails to comply with
any order or restriction or condition imposed on him under this section shall
be guilty of an offence and shall be liable to imprisonment for a term not
exceeding ten years and not less than two years.
[Am. Act A1459:s.18; Am. Act A1484:s.8]
(5) Any person who conspires with, abets or assists any
registered person to breach any restriction or condition under this section
shall be guilty of an offence and shall be liable to imprisonment for a term
not exceeding ten years and not less than two years.
[Am. Act A1484:s.8]
(6) Sections 173A and 294 of the Criminal Procedure Code
shall not apply in respect of offences under subsections (4) and (5).
(7) The punishment imposed under subsection (4) and any term
of imprisonment imposed under any written law shall not be taken into
consideration for the purpose of the period of supervision imposed under
subsection (1) and the period of supervision shall be continued from the date
of completion of the sentence of imprisonment imposed.
[(5)-(7) Ins. Act A1459:s.18]
15A Judicial review
of act or decision of board
(1) There shall be no judicial review in any court of, and
no court shall have or exercise any jurisdiction in respect of, any act done or
decision made by the Board in the exercise of its discretionary power in
accordance with this Act, except in regard to any question on compliance with
any procedural requirement in this Act governing such act or decision.
[Am. Act A1484:s.9]
(2) In this Act, "judicial review" includes
proceedings instituted by way of-
(a) an application
for any of the prerogative orders of mandamus, prohibition and certiorari;
(b) an application
for a declaration or an injunction;
[Am. Act
A1484:s.9]
(ba) a writ of
habeas corpus; and
[(ba) Ins. Act
A1484:s.9]
(c) any other
suit, action or other legal proceedings relating to or arising out of any act
done or decision made by the Board in accordance with this Act.
16 Registered person
not to consort with other registered persons
(1) No registered person shall consort or habitually
associate with any other registered person without the permission of the
Officer in Charge of the Police District in which he resides, unless he shall
prove that he did not know and had no reason to suspect that such other person
was a registered person.
(2) Any person who contravenes the provisions of this
section shall be guilty of an offence and shall be liable to imprisonment for a
term not exceeding fifteen years and not less than five years.[Am. Act A1459:s.20]
17 Double penalties
for crimes of violence
Any registered person who is convicted of any offence
committed after the date of the entry of his name on the Register under the
provisions of any law specified in the Second Schedule shall be liable to
imprisonment for a term of twice as long as the maximum term for which he would
have been liable on conviction for that offence, and also to whipping.
18 Loitering by a
registered person in a public place, etc.
Any registered person who-
(a) is found
between the hours of sunset and sunrise frequenting or loitering in or about
any public place or in or in the neighbourhood of any place of public
entertainment; or
(b) at any time is
found in the company of two or more registered persons; or
(c) at any time is
found in or near any place in which any act of violence or breach of the peace
is being or has just been committed,
and who is unable satisfactorily to account for his presence
at such place or time or in such company shall be guilty of an offence and
liable to imprisonment for a term not exceeding five years or to a fine not
exceeding ten thousand ringgit or to both.
[Am. Act A1459:s.21]
19 Harbouring
(1) Any person who knowingly conceals or harbours any person
who enters any State, district, mukim, town or village in contravention of any
order under section 15 shall be guilty of an offence and liable to imprisonment
for a term not exceeding five years or to a fine not exceeding ten thousand
ringgit or to both: provided that this subsection shall not apply to the case
of a wife harbouring or concealing her husband or a husband harbouring or
concealing his wife.
[Am. Act A1459:s.22]
(2) Any person aware of the presence in any State, district,
mukim, town or village of any person, not being the husband or wife of the
first-mentioned person, who has been ordered not to enter the State, district,
mukim, town or village or has been ordered to reside in any other State,
district, mukim, town or village, and being aware also of the making of the
order, shall in the absence of reasonable excuse, proof whereof shall lie on
him, forthwith give information thereof to the nearest police officer or
Magistrate, and in default of his so doing shall be guilty of an offence and
liable to imprisonment for a term not exceeding three years or to a fine not
exceeding five thousand ringgit or to both.
[Am. Act A1459:s.22]
PART IVA DETENTION
ORDERS
19A Detention orders
(1) The Board may, after considering the report of the
Inquiry Officer submitted under section 10 and the outcome of any review under
section 11, direct that any registered person be detained under a detention
order for a period not exceeding two years, and may renew any such detention
order for a further period not exceeding two years at a time, if it is
satisfied that such detention is necessary in the interest of public order,
public security or prevention of crime.
(2) The direction of the Board under subsection (1) shall be
subject to review by the High Court.
(3) Every registered person detained in pursuance of a
detention order shall be detained in such place (hereinafter referred to as a
"place of detention") as the Board may direct and in accordance with
any instructions issued by the Board and any regulations made under section 23.
[Ins. Act A1459:s.23]
(4) A copy of every detention order made by the Board under
subsection (1) shall as soon as may be after the making of the order be served
on the person to whom it relates, and every such person shall be entitled to
make representations to an Advisory Board constituted under Clause (2) of
Article 151 of the Federal Constitution in accordance with the prescribed
procedures.
[Ins. Act A1484:s.10]
19B Validity of
detention orders
No detention order shall be invalid or inoperative by
reason-
(a) that the
person to whom it relates-
(i) was
immediately before the making of the detention order detained in any place
other than a place of detention referred to in subsection 19A(3);
(ii) continued
to be detained immediately after the making of the order in the place in which
he was detained under section 3 before his removal to a place of detention
referred to in subsection 19A(3); or
(iii) was
during the duration of the order on journey in police custody or any other
custody to a place of detention referred to in subsection 19A(3); or
(b) that the
detention order was served on him at any place other than the place of
detention referred to in subsection 19A(3), or that there was any defect
relating to its service upon him.
[Ins. Act A1459:s.23]
19C Suspension of
detention orders
(1) The Board may, at any time, direct that the operation of
any order under section 19A be suspended subject to all or any of the
restrictions and conditions which the Board is empowered by subsection 15(2) to
impose by an order under section 15, and subject, if the Board so directs, to
the requirement that the person against whom the order under section 19A was
made shall enter into a bond as provided in subsection 15(2).
(2) Where an order under section 19A is suspended,
subsection 15(3) shall have effect as if the restrictions and conditions on
which the order under section 19B is suspended were restrictions and conditions
imposed by an order under section 15.
[Am. Act A1484:s.11]
(3) The Board may revoke the suspension of any detention
order under section 19A if it is satisfied that the person against whom the
order was made has failed to observe any restriction or condition imposed upon
him or that it is necessary in the interest of public order that the suspension
should be revoked, and in any such case the revocation of the suspension shall
be sufficient authority to any police officer to re-arrest without warrant the
person against whom the order was made, and that person shall as soon as
practicable be returned to his former place of detention or, if the Board so
directs, sent to another place of detention.
(4) The suspension of any order under this section shall,
subject to subsection (3) as applied by subsection (2) and subject also to
subsection (3), continue in force for the unexpired portion of the period of
the order specified under subsection 19A(1).
[Ins. Act A1459:s.23; Am. Act A1484:s.11]
19D Effect on term of
imprisonment
Where a person-
(a) who is undergoing
detention under section 19a is sentenced to any term of imprisonment under this
Act or any other written law; or
(b) has his period
of detention renewed under section 19a whilst he is serving any such term of
imprisonment,
the detention or extended detention shall be deemed to be
undergone concurrently with that term of imprisonment, and if upon completion
of any such term of imprisonment, there still remains any unexpired portion of
the detention period or of the extended detention period, he shall be required
to be detained for such unexpired portion thereof.
[Ins. Act A1459:s.23]
19E Power to order
removal
(1) The Board may by order direct the removal from any place
of detention to another place of detention to be specified in such order of any
person detained under section 19A to be there detained for the whole or any
part of such period for which it has been ordered that such person shall be
detained.
(2) Any person who is in the course of removal under
subsection (1) shall be deemed to be in lawful custody.
[Ins. Act A1459:s.23; Subs. Act A1484:s.12]
19F Power to order
production of detained person
(1) On proof to his satisfaction that the presence at any
place of any person detained under section 19A, or lawfully in the custody of
the police or confined in any prison whether under section 19A or under an
order of any court or otherwise howsoever, and notwithstanding any order of any
court or other authority whatsoever, is required in the interests of justice,
or for the purpose of any public or other inquiry, or in the national interest,
or in the interests of the person detained, in custody, or confined, the
Commissioner General of Prison where the person is detained in a place of
detention or prison, or the Inspector General of Police where the person is in
the lawful custody of the police, may order that such person be taken to that
place.
(2) Any person in the course of being taken to any place
under subsection (1) and whilst at such place shall be kept in such custody as
the Commissioner General of Prison or the Inspector General of Police, as the
case may be, may direct and whilst in that custody shall be deemed to be in
lawful custody.
(3) In this section, "Commissioner General of
Prison" has the same meaning assigned to it by subsection 2(1) of the
Prison Act 1995 [Act 537].
[Ins. Act A1459:s.23; Subs. Act A1484:s.12]
19G Saving in respect
of prosecution of persons detained
The detention of any person under this Part shall be without
prejudice to the taking of any criminal proceeding against that person, whether
during or after the period of his detention.
[19G. Ins. Act A1484:s.13]
PART V GENERAL
20 Powers of police
to investigate
(1) When a police officer not below the rank of Sergeant has
reason to believe that grounds exist which would justify the holding of an
inquiry into the case of any person under this Act he or any police officer
subordinate to him and acting under his orders may investigate the facts and
circumstances of the case so far as they may be relevant to any proceedings in
respect of that person under this Act.
(2) In making any investigation under subsection (1) a
police officer may exercise all or any of the powers in relation to police
investigations in any seizable case which are given him by the law for the time
being in force relating to criminal procedure.
20A Arrest
A police officer may without a warrant arrest any person if
he has reason to believe that the person has committed an offence against
section 16, 18 or 19 and every such offence shall be seizable and non-bailable
for the purposes of the Criminal Procedure Code.
21 Taking of
photographs and finger impressions
[Shoulder note Am. Act A1484:s.14]
(1) A police officer may take or cause to be taken the
photograph and finger impressions of any person arrested under subsection 3(1),
or whose name is required to be entered on the Register under subsection 12(2),
and shall send the photograph and impressions to the Registrar for
identification and report; and every such person shall be legally bound to
submit to the taking of his photographs and finger impressions, and may be
compelled thereto by the use of force if necessary.
(2) Any person who, being legally bound under subsection (1)
to submit to the taking of his photographs or finger impressions refuses or
fails to submit thereto on demand shall be guilty of an offence and liable to
imprisonment for a term not exceeding six month or to a fine not exceeding two
thousand ringgit or to both.
[Am. Act A1459:s.24]
(3) Whenever-
(a) any person
whose photograph and finger impressions have been taken under this section is
released under section 4, 7, 10 or 11; or
[Am. Act
A1459:s.24]
(b) the name of
any person is removed from the Register under section 14,
the officer in charge of the case shall forthwith notify the
Registrar thereof, and the Registrar shall, upon the application of the person,
deliver to that person the sheet upon which his finger impressions have been
made, together with the negative and all copies of any photograph taken of him
and forwarded to the Registrar under this section.
[Am. Act A1484:s.21]
21A Disclosure of
information
Nothing in this Act or in any regulations made under this
Act shall require the Board, any member of the Board, any Inquiry Officer or
any public servant to disclose facts or to produce documents which he
considers-
(a) to be against
the public interest to disclose or produce; or
(b) would
compromise the protection of a witness, or his family or associates.
[21A Ins. Act A1459:s.25]
22 Power to amend
Schedules
The Minister may, by order published in the Gazette, amend
the Schedules.
[Subs. Act A1459:s.26]
23 Regulations
(1) The Minister may make regulations for carrying out the
purposes of this Act.
(2) Without prejudice to the generality of the powers
conferred by subsection (1) the regulations may-
(a) prescribe the
form of the Register, and such other forms as may be necessary or desirable to
be used in connection with the matters deal with in this Act or in any
regulations made thereunder;
(b) require all or
any class of registered persons to carry identity cards, provide for the form,
issue, production, inspection, cancellation, alteration, endorsement on and
replacement of those cards, and the substitution thereof for identity cards
issued to those persons under any other written law, and for all other matters
necessary or desirable in connection with the cards or the carrying thereof or
the enforcement of the regulations, including the prescription of penalties not
exceeding in respect of any offence a fine of five thousand ringgit or
imprisonment for a term of three years or both;
(ba) provide for
the maintenance and management of places of detention and for the discipline
and treatment of persons detained therein and different regulations may be made
for different places of detention;
[Ins. Act
A1459:s.27]
(bb) provide for
the administration and management of the Board, including provisions on
training for the members of the Board
[(bb) Ins. Act
A1484:s.15]
(c) provide for
any other matter which under this Act is required or permitted to be
prescribed.
(3) (Deleted by Act A1484:s.15)
[Sections 2 and 22]
REGISTRABLE CATEGORIES
PART I
1. All members of unlawful societies which-
(i) use Triad
ritual; or
(ii) are
constituted or used for purposes involving the commission of offences that are
seizable under the law for the time being in force relating to criminal
procedure; or
(iii) maintain
secrecy as to their objects.
2. Persons who belong to or consort with any group, body,
gang or association of two or more persons who associate for purposes which
include the commission of offences under the Penal Code.
[Am. PU(A) 122/2014:O.2]
3. All traffickers in dangerous drugs, including persons who
live wholly or in part on the proceeds of drug trafficking.
[Subs. PU(A) 122/2014:O.2]
4. All traffickers in persons, including persons who live
wholly or in part on the proceeds of trafficking in persons
[Subs. PU(A) 122/2014:O.2]
5. All persons concerned in the organisation and promotion
of unlawful gaming.
[Am. PU(A) 122/2014:O.2]
6. All smugglers of migrants, including persons who live
wholly or in part on the proceeds of smuggling of migrants.
[Ins. PU(A) 122/2014:O.2]
7. Persons who recruit, or agree to recruit, another person
to be a member of an unlawful society or a gang or to participate in the
commission of an offence.
[Ins. PU(A) 122/2014:O.2]
8. Persons who engage in the commission or support of
terrorist acts under the Penal Code.
[Ins. PU(A) 201/2015:O.2]
PART II
[Subsection 12(2)]
1. All persons who, being not less than twenty-one years of
age, have since attaining the age of seventeen been convicted on at least three
occasions of offences involving dishonesty or violence.
2. All persons, who have been convicted of offences against
subsection 52(3) of the Societies Act 1966 [Act 335].
3. (Deleted by PU(A) 122/2014:O.2).
4. (Deleted by PU(A) 122/2014:O.2).
SECOND
SCHEDULE
[Sections 17 and 22]
1. Offences under sections 42, 43, 44 and 52 of the
Societies Act 1966.
2. Offences under the Penal Code [Act 574], as follows:
Sections 323, 324,
325, 327, 332, 333, 346, 347, 352, 353, 356 357, 365, 379, 384 to 387, 392,
393, 399, 401, 402, 447, 448, 450 to 453, 455, 457 to 457A and Chapter V and
Chapter VIB and section 511.
[Am. PU(A) 122/2014:O.3]
3. Offences under the Corrosive and Explosive Substances and
Offensive Weapons Act 1958 [Act 357].
4. Offences under section 4 or 4B of the Common Gaming
Houses Act 1953 [Act 289].
[Ins. PU(A) 122/2014:O.3]
THIRD
SCHEDULE
[Section 7A]
FORM
ELECTRONIC MONITORING DEVICE
IN THE SESSIONS COURT AT.................. IN THE STATE
OF...............................
1. Name:
...............................................................................................................
2. Case No.:
..........................................................................................................
3. Identity Card No.:
..............................................................................................
4. Address:
............................................................................................................
5. Telephone No.: ..................................................................................................
6. Family members to be contacted:
........................................................................
............................................................................................................................
7. Period to be attached with electronic monitoring device
("device?): ......................
8. Terms and conditions-
(a) to report to
the nearest police station at/for every .............................;
(b) understands
that all movements will be tracked and retained as an official record;
(c) agrees to be
required to report for device equipment checks if necessary;
(d) to notify the
police officer if there is any change of address;
(e) to allow
inspections of the device by the police officer;
(f) to report to
the nearest police station for removal of the device;
(g) to return all
the device equipment to the police officer;
(h) to submit to
procedures required by the police officer;
(i) to maintain
the device as instructed by the police officer;
(j) to comply with
any directions of the police officer;
(k) to comply with
any other conditions as the court may determine.
9. Failure to comply with the terms and conditions is an
offence under subsection 7A(6) of the Prevention of Crime Act 1959.
I hereby agree to and shall comply with the terms and
conditions as stated in this Form.
.........................................................
(____________________________)
[Third Sch Ins. Act A1459:s.28]
Source: 
The Malaysian Bar refers to the recent prosecution of Penang Chief Minister YAB Lim Guan Eng and Phang Li Koon. 
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