PREVENTION OF CRIME ACT 1959(REVISED - 1983) & Comments ?

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)

               FIRST SCHEDULE

[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]

-charleshector.blog