Malaysia: Act No. 82 of 1960, Internal Security Act, 1960

An Act to provide for the internal security of Malaysia, preventive detention, the prevention of subversion, the suppression of organised violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. [West Malaysia - 1st August. 1960; East Malaysia - 16th September. 1963.]

WHEREAS action has been taken and further action is threatened by a substantial body of persons both inside and outside Malaysia-

(1)to cause, and to cause a substantial number of citizens to fear, organized violence against persons and property; and

(2)to procure the alteration, otherwise than by lawful means, of the lawful Government of Malaysia by law established;

AND WHEREAS the action taken and threatened is prejudicial to the security of Malaysia;

AND WHEREAS Parliament considers it necessary to stop or prevent that action;

Now therefore PURSUANT to Article 149 of the Constitution BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Ra'ayat in Parliament assembled, and by the authority of the same, as follows:

PART I
PRELIMINARY

1.Short title.

This Act may be cited as the Internal Security Act, 1960.

2.Interpretation.

In this Act unless the context otherwise requires-

"Advisory Board" means an advisory board constituted under Article 151 (2) of the Federal Constitution;

"ammunition" means ammunition for any fire-arm as hereafter defined and includes grenades, bombs and other like missiles whether capable of use with such a fire-arm or not and any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing;

"Chief Police Officer" includes a Deputy Chief Police Officer and any police officer for the time being lawfully authorized to exercise the powers and perform the duties conferred or imposed upon a Chief Police Officer by this Act and in the application of this Act to Sabah and Sarawak references to a Chief Police Officer shall be construed as references to a Divisional Superintendent of Police;

"controlled area" means any area declared to be a controlled area under section 49;

"danger area" means any area declared to be a danger area under section 48;

"document" includes any substance on which, is recorded any matter, whether by letters, figures, marks, pictorial or other representation, or by more than one of those means;

"entertainment" means any game, sport, diversion, concert or amusement of any kind to which the public has or is intended to have access and in which members of the public may or may not take part, whether on payment or otherwise;

"exhibition" includes every display of goods, books, pictures, films or articles to which the public has or is intended to have access, whether on payment or otherwise;

"explosive" shall have the meaning assigned thereto in the Explosives Ordinance, 1957, and includes any substance deemed to be an explosive under that Ordinance;

"fire-arm" means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, and includes any component part of any such weapon as aforesaid;

"Inspector-General" means the Inspector-General of Police and, in relation to Sabah and Sarawak, includes the Commissioner in control of members of the Royal Malaysia Police in each of those States;

"Offence against this Act" includes an offence against any regulations made under section 71;

"periodical publication" includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular;

"Police District" has the same meaning as "police district" in the Police Act, 1967;

"police officer" includes a reserve police officer, an auxiliary police officer and a special police officer appointed in accordance with any written law for the time being in force;

"promoter", in the case of an entertainment or exhibition promoted by a society, includes the secretary and officials of the society and, in the case of a society organised or having its headquarters outside Malaysia, the easels in Malaysia of the society;

"proprietor" includes the owner, tenant or other person in possession or control of premises and any person who receives payment for the use of premises;

"protected place" means any place or premises in relation to which an order made under section 50 is in force;

"publication" includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof;

"public place" includes any highway, public street, public road, public park or garden, any sea beach, water-way, public bridge, lane, footway, square, court, alley or passage, whether a thoroughfare or not, any unalienated land, any rubber estate, any plantation, any land alienated for agricultural or mining purposes, any theatre or place of public entertainment of any kind or other place of general resort admission to which is obtained by payment or to which the public have access, and any open space to which for the time being the public have or are permitted to have access, whether on payment or otherwise;

"public road" means any public highway or any road over which the public have a right of way or are granted access, and includes every road, street, bridge, passage, footway or square over which the public have a right of way or are granted access;

"security area" means any area in respect of which a proclamation under section 47 is for the time being in force;

"security forces" includes the Royal Malaysia Police, the Police Volunteer Reserve, the Auxiliary Police, persons commissioned or appointed under the Essential (Special Constabulary) Regulations, 1948, the armed forces, any local force established under any written law in force in Malaysia, and any force which is a visiting force for the purposes of part I of the Visiting Forces Act, 1960, and in respect of whom all or any of the powers exercisable by the armed forces or their members under this Act have been made exercisable by an order made under any such law.

"supplies" includes ammunition, explosives, fire-arms, money, food, drink, clothing, medicines, drugs and any other stores, instruments, commodities, articles or things whatsoever;

"terrorist" means any person who--

(a)by the use of any fire-arm, explosive or ammunition acts in a manner prejudicial to the public safety or to the maintenance of public order or incites to violence or counsels disobedience to the law or to any lawful order;

(b)carries or has in his possession or under his control any fire-arm, ammunition or explosive without lawful authority therefor; or

(c)demands, collects or receives any supplies for the use of any person who intends or is about to act, or has recently acted, in a manner prejudicial to public safety or the maintenance of public order;

PART II
GENERAL PROVISIONS RELATING TO INTERNAL SECURITY

CHAPTER 1
Prohibition of Organisations and Associations of a Political or Quasi-Military Character and Uniforms, etc.

3.Prohibition of uniforms of political or quasimilitary organisations.

The Minister may from time to time by order prohibit the wearing in public places or at meetings or gatherings to which the public or any section of the public have access, of-

(a)any uniform or dress which signifies association with any political organisation or with the promotion of any political object; or

(b)any uniform, dress or emblem by members or adherents of any organisation or association specified or described in the order, whether incorporated or not-

(i)when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the armed forces; or

(ii)when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose.

4.Penalty.

Every person who wears any prohibited uniform, dress or emblem in contravention of an order made under section 3 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

5.Prohibition of quasimilitary organizations.

(1)If the members or adherents of any association of persons, whether incorporated or not, are-

(a)organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the armed forces; or

(b)organised or trained or equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object, or in such a manner as to arouse reasonable apprehension that they are organized or trained or equipped for that purpose,

then every member or adherent of the association shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both; and any person who promotes or conspires with another to promote, or who takes part in the control or management of, the association, or in so organising or training as aforesaid any member or adherent thereof, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both:

Provided that in any proceedings against any person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of any member or adherent of the association in contravention of this section.

(2)No prosecution for any offence under this section shall be instituted except with the consent of the Public Prosecutor.

(3)If upon application being made by or on behalf of the Public Prosecutor it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of this section, the Court may-

(a)make such order as appears necessary to prevent any disposition without the leave of the Court of property held by or for the association;

(b)direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association;

(c)make such further order as appears to the Court to be just and equitable for the application of that property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or, with the approval of the Court since that date in or towards the repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connection with any such inquiry and report as aforesaid or in winding up or dissolving the association; and

(d)order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited to the Government.

(4)In any criminal or civil proceeding under this section proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association were organised or trained or equipped.

(5)If a Magistrate or Chief Police Officer is satisfied by information that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer not below the rank of Inspector, grant a search warrant authorising any such officer with or without assistance to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid.

(6)No woman shall, in pursuance of any warrant issued under subsection (5), be searched except by a woman.

(7)Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards at any public meeting held upon private premises with the permission of the owner of those premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.

6.Illegal drilling.

(1)Any person other than a member of the armed forces or the police or of a volunteer force or local force constituted under any written law in force in Malaysia, or of any other force which is a visiting force for the purposes of Part I of the Visiting Forces Act, 1960, or of any organization or association specially exempted by the Minister, who-

(a)is present at or attends any meeting or, assembly of persons for the purpose of training or drilling themselves to the use of arms or of being so trained or drilled, or for the purposes of practising military exercises, movements or evolutions; or

(b)is present at or attends any such meeting or assembly for the purpose of training or drilling any other person or persons to the use of arms or the practice of military exercises, movements or evolutions,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

(2)Any person other than a member of the armed forces or the police or of a volunteer force or local force constituted under any written law in force in Malaysia, or of any other force lawfully present in Malaysia under any law for the time being in force relating to visiting forces or of any organisation or association specially exempted by the Minister who -

(a)trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions: or

(b)takes part in the control or management of any association or organisation whose members are trained or drilled in the practice of military exercises, movements or evolutions,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both.

7.Prohibition of uniforms emblems, etc.

(1)The Minister may, if be considers it in the national interest so to do, by order prohibit the manufacture, sale, use, wearing, display or possession of any flag, banner, badge, emblem, device, uniform or distinctive dress or any part thereof.

(2)Any person contravening any provision of an order made under this section shall be guilty of an offence.

(3)Any article in respect of which in offence has been committed under this section may be seized and destroyed or otherwise dealt with as the Minister may direct, whether or not the identity of the offender is known and whether or not any prosecution has been commenced in respect of the offence.

CHAPTER II
Powers of Preventive Detention

8.Power to order detention or restriction of persons.

(1)If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years.

(2)In subsection (1) "essential services" means any service, business, trade, undertaking, manufacture or occupation included in the Third Schedule.

(3)Every person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to a place of detention) as the Minister may direct and in accordance with any instructions issued by the Minister and any rules made under subsection (4).

(4)The Minister may by rules provide for the maintenance and management of places of detention end for the discipline and treatment of persons detained therein, and may make different rules for different places of detention.

(5)If the Minister is satisfied that for any of the purposes mentioned in subsection (1) it is necessary that control and supervision should be exercised over any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence or employment, but that for that purpose it is unnecessary to detain him, he may make an order (hereinafter referred to as a restriction order) imposing upon that person all or any of the following restrictions and conditions:

(a)for imposing upon that person such restrictions as may be specified in the order in respect of his activities and the places of his residence and employment;

(b)for prohibiting him from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or person as may be so specified;

(c)for requiring him to notify his movements in such manner at such times and to such authority or person as may be specified in the order;

(d)for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to, any organisation or association, or from taking part in any political activities; and

(e)for prohibiting him from travelling beyond the limits of Malaysia or any part thereof specified in the order except in accordance with permission given to him by such authority or person as may be specified in such order.

(6)Every restriction order shall continue in force for such period, not exceeding two years, as may be specified therein, and may include a direction by the Minister that the person in respect of whom it is made shall enter into a bond with or without sureties and in such sum as may be specified for his due compliance with the restrictions and conditions imposed upon him.

(7)The Minister may direct that the duration of any detention order or restriction order be extended for such further period, not exceeding two years, as he may specify, and thereafter for such further periods, not exceeding two years at a time, as he may specify, either-

(a)on the same grounds as those on which the order was originally made;

(b)on grounds different from those on which the order was originally made; or

(c)partly on the same grounds and partly on different grounds:

Provided that if a detention order is extended on different grounds or partly on different grounds the person to whom it relates shall have the same rights under section 11 as if the order extended as aforesaid was a fresh order, and section 12 (1) shall apply as if for the words "such person was detained" the words "his detention order was extended" were substituted.

(8)The Minister may from time to time by notice in writing served on a person who is the subject of a restriction order vary, cancel or add to any restrictions or conditions imposed upon that person by that order, and the restrictions or conditions so varied and any additional restrictions or conditions so imposed shall, unless sooner cancelled, continue in force for the unexpired portion of the period specified under subsection (6) or (7).

8A.No detention order shall be invalid or inoperative by reason-

(a)that the person to whom it relates-

(i)was immediately after the making of the detention order detained in any place other than a place of detention referred to in section 8 (3);

(ii)continued to be detained immediately after the making of the detention order in the place in which he was detained under section 73 before his removal to a place of detention referred to in section 8 (3), notwithstanding that the maximum period of such detention under section 73 (3) had expired; or

(iii)was during the duration of the detention order on journey in police custody or any other custody to a place of detention referred to in section 8(3); or

(b)that the detention order was served on him at any place other than the place of detention referred to in section 8(3), or that there was any defect relating to its service upon him.".

[*Inserted by the Internal Security (Amendment) Act 1988, Act A705]

8B.

(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 Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act, save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.

(2)The exception in regard to any question on compliance with any procedural requirement in subsection (1) shall not apply where the grounds are as described in section 8A.

8C.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;

(c)a writ of habeas corpus; and

(4)any other suit, action or other legal proceedings relating to or arising out of any act done or decision made by the Yang di-Pertuan Agong or the Minister in accordance with this Act.

8D.

(1)Sections 8B and 8C shall apply to any proceedings instituted by way of judicial review of any act done or decision made by the Yang di-Pertuan Agong or the Minister under this Act, whether such proceedings were instituted before or after the coming into force of the Internal Security (Amendment) Act 1969.

(2)A reference to proceedings in subsection (1) shall not include a reference to proceedings which had concluded and in respect of which final decision of the court had been given before the coming into force of the Internal Security (Amendment) Act 1989, or to any appeal or application to appeal against such final decision.".

[**Inserted by the Internal Security (Amendment) Act 1989.]

9.(Repealed)

10.Suspension of detention orders.

(1)The Minister may at any time direct that the operation of any detention order be suspended subject to all or any of the restrictions and conditions which he is empowered by section 8(5) to impose by a restriction order, and subject, if the Minister so directs, to the requirement that the person against whom the detention order was made shall enter into a bond as provided in section 8 (6).

(2)Where a detention order is suspended as aforesaid section 8 (8) shall have effect as if the restrictions and conditions on which the detention order is suspended were restrictions and conditions imposed by a restriction order.

(3)Where a detention order is suspended as aforesaid the Minister may permit the person against whom the detention order was made to return to the country to which, he belongs or to go to any other country of his choice provided that the Government of that other country consents to receive him.

(4)The Minister may revoke the suspension of any detention order if he is satisfied that the person against whom the detention order was made has failed to observe any restriction or condition imposed upon him or that it is necessary in the interests of security 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 detention order was made, and that person shall as soon as practicable be returned to his former place of detention or, if the Minister so directs, sent to another place of detention.

(5)The suspension of any detention order as aforesaid shall, subject to section 8 (8) as applied by subsection (2) and subject also to subsection (4), continue in force for the unexpired portion of the period of the detention order specified under section 8 (6) or (7).

11.Representations against detention order

(1)A copy of every order made by the Minister under section 8 (1) shall as soon as may be after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations against the order to an Advisory board.

(2)For the purpose of enabling a person to make representations under subsection (1) be shall, at the time of the service on him of the order -

(a)be informed of his right to make representations to an Advisory Board under subsection (1); and

(b)be furnished by the Minister with a statement in writing-

(i)of the grounds on which the order is made;

(ii)of the allegations of fact on which the order is based; and

(iii)of such other particulars, if any, as he may in the opinion of the Minister reasonably require in order to make his representations against the order to the Advisory Board.

(3)The Yang di-Pertuan Agong may make rules as to the manner in which representations may be made under this section and for regulating the procedure of Advisory Boards.

12.Report of Advisory Board.

(1)Whenever any person has made any representations under section 11 (1) to an Advisory Board, the Advisory Board shall, within three months of the date on which the person was detained, consider the representations and make recommendations thereon to the Yang di-Pertuan Agong.

(2)Upon considering the recommendations of the Advisory Board under this section the Yang di-Pertuan Agong may give the Minister such directions, if any, as he shall think fit regarding the order made by the Minister; and every decision of the Yang di-Pertuan Agong thereon shall, subject to section 13, be final, and shall not be called into question in any court.

[Section 12 has been amended by the Internal Security (Amendment) Act 1988 by:

13.Review.

(1)Every order or direction made or given by the Minister under section 8 (1), (5) or (7) or under section 10 shall, so long as it remains in force, be reviewed not less often than once in every six months by an Advisory Board:

Provided that in the case of a detention order against which representations have been made the first of such reviews, whether of a detention order made under section 8 (1) or of a detention order extended under section 8 (7) to which the proviso to the last mentioned subsection applies, shall be held not later than six months after the completion of the hearing of the representations by the Advisory Board to which they were made.

(2)The Advisory Board shall on completing every review under subsection (1) forthwith submit to the Minister a written report of every such review, and may make therein such recommendations as it shall think fit.

14.Power to summon witnesses.

Every Advisory Board shall, for the purposes of this Act, but subject to section 16, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.

15.Member of Advisory Board deemed to be a public servant.

Every member of an Advisory Board shall be deemed to be a public servant within the meaning of the Penal Code, and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under this Chapter the like protection and privileges as are by law given to a Judge in the execution of his office.

16.Disclosure of Information.

Nothing in this Chapter or in any rules made thereunder shall require the Minister or any member of an Advisory Board or any public servant to disclose facts or to produce documents which he considers it to be against the national interest to disclose or produce.

17.Power to order removal.

(1)The Minister may by order direct the removal of any person detained in pursuance of this Chapter from any place of detention in Malaysia to another place of detention in Malaysia to be specified in the order, and may by arrangement with the Government of Singapore direct the removal of any such person (not being a citizen) to Singapore, to be there detained for the whole or any part or parts of the period for which it has been ordered that the person shall be detained.

(2)Any person in course of removal under subsection (1) shall be deemed to be in lawful custody.

18.Power to order production of detained person.

(1)On proof to his satisfaction that the presence at any place of any person detained under this Chapter, or lawfully in the custody of the police or confined in any prison whether in pursuance of this Chapter 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 Minister may order that such person be taken to that place.

(2)Any person in course of being taken to any place in pursuance of subsection (1) and whilst at such place shall be kept in such custody as the Minister may direct and whilst in that custody shall be deemed to be in lawful custody.

19.Enforcement of warrants, etc., made in Singapore.

(1)Any document which purports to be a warrant or an order made in Singapore under any written law in force in Singapore and similar or equivalent to section 8 and which has been received from any police officer or other Government officer of Singapore shall be enforceable as if it were an order which had been duly made under section 8, and if the person named therein enters or is within Malaysia shall be enforced accordingly by arrest and detention under this Chapter Provided that no such document shall be so enforceable unless the Minister shall have signified his approval thereto by endorsement thereon.

(2)Where any person is arrested under this section he shall be returned in custody to Singapore unless the Minister is satisfied that there are special circumstances which warrant his detention in Malaysia.

(3)Without prejudice to section 8, where any person arrested and detained under this section satisfies the Minister that he is a citizen such person shall be forthwith released.

(4)Whenever a request is made by a Minister of the Government of Singapore that a person detained in Singapore under any written law in force in Singapore and similar or equivalent to section 8 should be transferred to Malaysia there to be detained, the Minister may direct that such person, when delivered up in Malaysia by the Government of Singapore, be received into the custody of such police officers as the Inspector-General shall appoint for the purpose; and such person shall thereafter be detained in Malaysia, as if the order under which he was detained in Singapore had been duly made under section 8:

Provided that a copy of any objection made by that person against the order for his detention shall he lodged by the Minister with the appropriate authority in Singapore, and that person shall for the purpose of prosecuting his objection be returned to the custody of the appropriate police officers of Singapore.

(5)The Minister may, either at the request of a Minister of the Government of Singapore or otherwise, order any person who is not a citizen and who is detained in Malaysia under subsection (4) to be returned to Singapore, and may for that purpose direct such person to be delivered into the custody of police officers of Singapore.

(6)This section shall have no application in East Malaysia.

20.Enforcement of orders issued in Singapore.

(1)Any person who is not a citizen and who has been lawfully ordered to leave and remain out of Singapore is, unless the Minister shall otherwise direct, prohibited from entering or residing in Malaysia so long as the order ordering him to leave and remain out of Singapore remains in force; and such person brought in custody to Malaysia may be detained in custody by any police officer or immigration officer in such place as the Minister may direct until lie can conveniently be placed on board any ship, train, motor vehicle or aircraft, and any such person may be lawfully detained on board so long as such conveyance is within the territories and territorial waters of Malaysia.

(2)Except in the case of a citizen or a person detained under subsection (1), any person who having left Singapore in pursuance of any lawful order enters Malaysia. or is found therein whilst such order is in force shall be guilty of an offence and, whether or not a prosecution for that offence has been instituted against him, may be detained on board any ship, train, motor vehicle or aircraft for the purpose of removing him from Malaysia.

(3)Any person who has been detained in accordance with subsection (1) or (2) shall be deemed to be in lawful custody.

(4)This section shall have no application in East Malaysia.

21.Saving in respect of prosecution of persons detained.

The detention of any person under this Chapter shall be without prejudice to the taking of any criminal proceeding against that person, whether during or after the period of his detention.

CHAPTER III Special Powers relating to Subversive Publications, etc.

22.Prohibition of printing, sale, etc., of documents and publications.

(1)Where it appears to the Minister charged with responsibility for printing presses and publications that any document or publication -

(a)contains any incitement to violence;

(b)counsels disobedience to the law or to any lawful order;

(c)is calculated or likely to lead to a breach of the peace, or to promote feelings of hostility between different races or classes of the population; or is prejudicial to the national interest, public order, or security of Malaysia,

he may by order published in the Gazette prohibit either absolutely or subject to such conditions as may be prescribed therein the printing, publication, sale, issue, circulation or possession of such document or publication.

(2)An order under subsection (1) may, If the order so provides, be extended so as-

(a)in the case of a periodical publication, to prohibit the publication, sale, issue, circulation, possession or importation of any past or future issue thereof: and

(b)in the case of a publication which has or appears or purports to have issued from a specified publishing house, agency or other source, to prohibit the publication, sale, issue, circulation or importation of any other publication which may at any time whether before or after the date of the order have or appear or purport to have issued from the specified publishing house, agency or other source.

23.Objections against orders under section 22.

The proprietor or a agent in Malaysia of the proprietor of any publication which is the subject of an order under section 22 may, within one month of the date of publication of the order in the Gazette, make an objection against the order to the Yang di-Pertuan Agong, whose decision thereon shall be final and shall not be called into question in any Court.

24.Printing publishing, etc., in contravention of order under section 22.

Any person who prints, publishes, sells, issues, circulates or reproduces a document or publication which is the subject of an order under section 22, or any extract therefrom, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding three years or to both:

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication.

25.Possession of documents, etc., in contravention of order under section 22.

(1)Any person who without lawful excuse has in his possession any document or publication the possession of which is prohibited by an order under section 22, or any extract therefrom, shall be guilty of an offence and shall, on conviction, be liable in respect of a first offence to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both and, in respect of a subsequent offence, to imprisonment for a term not exceeding two years.

(2)In any proceedings against any person for an offence against this section the person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any document or publication immediately after the document or publication came into his possession.

26.Importation in contravention of order under section 22

Any person who imports or attempts to import or abets the importation of any document or publication or without lawful excuse has in his possession any document or publication imported in contravention of an order under section 22 shall be guilty of an offence and shall, on conviction, he liable in respect of a first offence to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding two years or to both and, in respect of a subsequent offence, to imprisonment for a term not exceeding three years.

27.Posting of placards, etc.

Any person who posts or distributes any placard, circular or other document containing any incitement to violence, or counselling disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be guilty of an offence.

28.Dissemination of false reports.

Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular or other printed publication or by any other means spreads false reports or makes false statements likely to cause public alarm, shall be guilty of an offence.

29.Possession of subversive documents.

(1)Any person who without lawful excuse carries or has in his possession or under his control any subversive document shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both.

(2)Any person or any office bearer of any association or any responsible member or agent of any organisation who receives any subversive document shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorized so to do by a police officer not below the rank of Superintendent of Police, communicates to any other person, or publishes or causes to be published the contents of any such document, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both.

(3)In this section "subversive document" means any document having in part or in whole a tendency-

(a)to excite organised violence against persons or property in Malaysia;

(b)to support, propagate or advocate any act prejudicial to the security of Malaysia or the maintenance or restoration of public order therein or inciting to violence therein or counselling disobedience to the law thereof or to any lawful order therein; or

(c)to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to, act, or have acted, in a manner prejudicial to the security of Malaysia or to the maintenance of public order therein, or who incite to violence therein or counsel disobedience to the law thereof or any lawful order therein.

(4)Every document purporting to be a subversive document shall be presumed to be a subversive document until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a subversive document he shall be deemed to have known the contents and the nature of the contents of such document:

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court -

(a)that he was not aware of the contents and the nature of the contents of the subversive document which he was carrying or had in his possession or under his control; and

(b)that he was carrying or had the subversive document in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document was a subversive document.

30.Powers of search and seizure of documents.

(1)Any police officer not below the rank of Inspector may, without warrant and with or without assistance -

(a)enter and search any premises; or

(b)stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not,

if he suspects that any document, publication, material or article being evidence of the commission of an offence against this Chapter is likely to be found in that vehicle, vessel, train, aircraft or on that individual, and may seize any document, publication, material or article so found.

(2)Any document, publication, material or article seized under subsection (1) shall be destroyed or otherwise disposed of in such manner as the Inspector-General may order.

(3)The Inspector-General shall, on making an order under subsection (2), if he has reason to believe that the owner, or person who was in possession immediately before the document, publication, material or article was seized, is in Malaysia, cause a notice to be served on that person informing him of the terms of the order.

(4)Any person aggrieved by an order made under sub- section (2) may appeal against the order to the Minister:

Provided that no appeal against an order shall be allowed unless notice of appeal in writing, together with the reasons for the appeal, is given to the Inspector-General and to the Minister within fourteen days of service of notice of the order under subsection (3).

(5)Where an order has been made under subsection (2) it shall only be carried into effect if the order has not been appealed against or if any appeal against the order has been dismissed or abandoned.

(6)No woman shall be searched under this section except by a woman.

31.Disposal of subversive documents, etc.

(1)Where proceedings are taken in respect of, any offence against this Chapter the court by or before which the alleged offender is tried shall, on the request of any police officer not below the rank of Assistant Superintendent, on the final determination of those proceedings order that any document, publication, material or article being an exhibit in the proceedings be delivered to the officer for disposal under section 30(2).

(2)For the purpose of this section proceedings shall not be deemed to have been finally determined so long as there is any appeal pending in the matter of the proceedings; and an appeal in the matter shall be deemed to be pending during the ordinary time within which an appeal may be lodged, and if an appeal be duly lodged the appeal shall be deemed to be pending until it is decided or withdrawn.

CHAPTER IV Control of Entertainments and Exhibitions

32.Power to require information.

(1)The promoter and every person concerned in the promotion of any entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held shall upon the order in writing of the Minister or of any officer authorized by the Minister in that behalf furnish to the Minister or the officer such information as he may specify relating to the following matters:

(a)particulars of persons concerned in the promotion of the entertainment or exhibition and the interests represented by those persons;

(b)particulars of the persons who have agreed to participate or have participated in the entertainment or exhibition or have been invited to do so and the interests represented by those persons;

(c)the purposes to which any profits from the entertainment or exhibition are intended to be or have been applied; and

(d)such other matters as the Minister may direct.

(2)Any person furnishing as true information required under subsection (1) which he knows or has reason to believe to be false or incomplete shall be guilty of an offence and shall, on conviction, be liable to the penalties set out in section 41.

(3)In the event of any entertainment or exhibition in respect of which information has been furnished under sub- section (1) being conducted in any manner contrary to the information so furnished the person by whom the information was furnished shall be guilty of an offence and shall, on conviction, be liable to the penalties set out in section 41.

33.Power to impose conditions

(1)The Minister may, if he is satisfied that it is necessary to do so in order to ensure that any entertainment or exhibition shall not be on entertainment or exhibition to which section 35 would apply, by order in writing require the promoter and every person concerned in the promotion of the entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held to observe such conditions relating to the holding of the entertainment or exhibition as he may specify.

(2)Every person who commits any breach of or fails to comply with, any condition imposed under subsection (1) shall he guilty of an offence and shall, on conviction, be liable to the penalties set out in section 41:

Provided that no person shall be convicted of an offence under this section if he proves that the breach of or failure to comply with the conditions in respect of which he is charged was done without his authority, consent and knowledge, and without any want of due care or caution on his part.

(3)The Minister may, if in any particular case he shall think it necessary, require any person in respect of whom an order under subsection (1) has been made to enter into a bond, with or without sureties, in such sum as the Minister may direct, that the conditions contained in the order shall be observed.

34.Promoter, etc. to be in attendance at entertainment or exhibition.

(1)The promoter and every person concerned in the promotion of any entertainment or exhibition which is the subject of an order under section 33 and the proprietor of any premises upon which any such entertainment or exhibition is held shall severally, and either personally or by a duly authorised agent approved in that behalf by a police officer not below the rank of Inspector, be present throughout the period of every performance or display of every such entertainment or exhibition.

(2)The Minister may by writing exempt any person either absolutely or subject to such conditions as the Minister may prescribe from the provisions of sub-section (1).

35.Power to prohibit certain entertainments or exhibitions

(1)The Minister may by order prohibit the holding of or may direct the closing of any entertainment or exhibition-

(a)if he is satisfied that the entertainment or exhibition is or is likely to be in any way detrimental to the national interest;

(b)if there has been in respect of the entertainment or exhibition any refusal of or failure to furnish any information required to be furnished under section 32, or if any information so furnished shall be false or incomplete; or

(c)if there has been in respect of the entertainment or exhibition any breach of or failure to comply with any condition imposed under section 33.

(2)The promoter and every person concerned in the promotion of any entertainment or exhibition which is held or continued in contravention of an order under subsection (1) and the proprietor of any premises upon which the exhibition is held shall be guilty of an offence and shall, on conviction, be liable to the penalties set out in section 41:

Provided that no person shall be convicted of an offence under this section if he proves that the entertainment or exhibition in respect of which he is charged was promoted or continued without his authority, consent and knowledge and without any want of due care or caution on his part.

36.Powers of entry and investigation.

(1)Any police officer not below the rank of Inspector or any person authorized by the Minister in writing in that behalf may without warrant enter any premises upon which any entertainment or exhibition is being held or is intended to be held with a view to ascertaining whether the provisions of this Chapter or of any order made thereunder are being complied with, and may make such investigation and inspection of the premises and call upon any person to produce such articles, books, accounts, tickets or other documents or things and to furnish any information as that officer or person may consider necessary for the purpose:

Provided that any person not in uniform purporting to exercise any powers under this subsection shall on demand produce his written authority to exercise these powers to any person lawfully demanding the same.

(2)Any person who -

(a)obstructs any officer or authorized person lawfully exercising any powers conferred on him by or under subsection (1) in entering or inspecting any premises or delays to produce any articles, books, accounts or other documents or things which he ,has been called upon by the officer or authorized person to produce and which are or ought to be in the ordinary course of business in his power to produce;

(b)refuses to furnish any information which he may be required to furnish by the officer or authorized person or who, being required to furnish information by the officer or authorized person, furnishes false or misleading information; or

(c)obstructs the seizure of any document or other thing under section 38, or the closure of any entertainment or exhibition under section 39,

shall be guilty of an offence and shall, on conviction, be liable to the penalties set out in section 41.

37.Search.

(1)Any officer or person authorized to exercise the powers of entry or investigation under section 36 may without warrant and with or without assistance enter any premises if he considers it to be necessary and has reason to believe that an offence under this Chapter or any order made thereunder has been committed and may search the place and any person whom he reasonably believes to he concerned in the management or promotion of any entertainment or exhibition or to be a servant or agent of the promoter or of the proprietor of these premises.

(2)No woman shall be searched under this section except by a woman.

38.Powers of seizure.

Any officer or person authorized to exercise the powers of entry or investigation under section 36 may seize any document or other thing in respect of which he reasonably believes an offence to have been committed under this Chapter or any order made thereunder or which be reasonably believes to be or to contain evidence relating to such an offence:

Provided that nothing in this section shall be deemed to affect the powers of a police officer under the Criminal Procedure Code.

39.Powers of closure.

Any officer or person authorized to exercise the powers of entry or investigation under section 36 may, without prejudice to the exercise of the powers conferred on him by that section, forthwith take such steps as he may consider necessary to close any entertainment or exhibition which he is satisfied is kept open in contravention of any order under section 33 or 35.

40.Liability of principal for acts of servant.

For the purposes of this Chapter and any orders made thereunder every person shall be liable for every act, omission, neglect or default of any agent or servant employed by him, as fully and effectually as if the act, omission, neglect or default were done or committed by the person; but so that nothing in this section shall affect the liability of the agent or servant, and provided that the liability of a principal shall not extend to imprisonment unless he is privy to the offence.

41.Other offences against this Chapter and abetment.

Any person who contravenes or fails to comply with any provision of this Chapter or any order made or any condition imposed thereunder, or abets the contravention or failure, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both.

CHAPTER V
Other Powers for the Prevention of Subversion

41A.Powers relating to appointments.

(1)Where any written law confers any power relating to any appointment upon any person, body or authority constituted under such law, the Minister may by order require that before making any appointment, that person, body or authority shall submit to him -

(a)a list of the names of the persons from whom the appointment will be made; and

(b)such other information as may be specified in the order.

(2)Such person, body or authority shall not appoint or recruit any person whose appointment is in the opinion of the Minister prejudicial to the interests of Malaysia.

(3)No person otherwise than in the course of his official duty shall disclose to any person any communication which he may have received from the Minister under subsection (2).

41B.Power to close schools or educational institutions.

(1)The Minister, if he is satisfied at any time that a school or educational institution is being used--

(a)for a purpose detrimental to the interests of Malaysia or of the public;

(b)for the purpose of instruction detrimental to the interests of the public or of the pupils; or

(c)as a meeting place of an unlawful society,

and that the circumstances so require, may make an order closing the school or educational institution for such period. not exeeeding six months at any one time, as may be specified in the order.

(2)The board of managers or governors or other authority in charge of any school or educational institution, aggrieved by any order made under subsection (1), may within one month of the date of the order make an objection against the order to the Yang di-Pertuan Agong whose decision thereon shall be final and shall not be called into question in any court.

(3)In this section, "school" and "education institution" have the same meanings as in the Education Act, 1961.

41C.Control of admission to institutions of higher education.

(1)Notwithstanding anything in any other written law, no person shall be admitted as a student to any institution of higher education to which this section applies unless he holds a certificate of suitability for admission thereto issued to him in accordance with the following provisions of this section:

Provided that this subsection shall not apply to-

(i)any person ordinarily resident outside Malaysia whose admission to any such institution is recommended by any person or body designated for the purposes of this section by the Minister charged with the responsibility for education;

(ii)members of the teaching staff of that institution who intended to do post-graduate work;

(iii)persons not being students already admitted, who propose to attend extra-mural classes organised by the institution; and

(iv)such other persons as the Minister may at his discretion exempt from this section.

(2)Any person requiring a certificate of suitability for admission to any institution of higher education shall apply therefor in writing to the principal education officer of the State in which he ordinarily resides or, if he is ordinarily resident outside Malaysia, to the Chief Education Adviser; and the principal education officer or Chief Education Adviser, as the case may be, after making such enquiries as he may consider appropriate, shall issue the certificate unless there appear to him to be reasonable grounds for believing that the applicant, if admitted to the institution in question, would be likely to promote, or otherwise participate in, action prejudicial to the interest or security of Malaysia or a any part thereof.

(3)Any person whose application for a certificate under this section is refused may, at any time within the period of twenty eight days beginning with the date on which he is notified of the decision, appeal against it to the Minister; and on any such appeal, the Minister-

(a)if he is satisfied of the existence of the grounds referred to in subsection (2), shall confirm the decision; and

(b)in any other case, shall direct the issue of a certificate.

(4)The decision of the Minister on any appeal under subsection (3) shall be final, and shall not be called into question in any court.

(5)The institutions of higher education to which this section applies are as follows:

(a)the University of Malaya; and

(b)any other institution of higher education which the Minister may designate for the purposes of this section by a notification in the Gazette,

and references in this section to a person's admission as a student to any such institution are references to his registration or enrolment for attendance at any course of study provided by the institution.

(6)Nothing in this section shall exempt from this section any student whose studies have been interrupted for a period of one year on disciplinary or other grounds, notwithstanding that the student has previously been admitted or that his name still remains in the register of the institution.

42.Powers in relation to pupils, etc., visiting Malaysia.

(1)The Minister may from time to time by order in writing forbid, except in accordance with the written permission of the Inspector-General first obtained, all or any named or any class of pupils, students, teachers or members of any school, college, educational institution or students' union or association, specified in the order and -

(i)situated or established outside West Malaysia entering into or travelling therein; or

(ii)situated or established outside Sabah and Sarawak entering into or travelling in those States or either of them,

as a group, or as one of a group of five or more such pupils, students, teachers or members, or, for the purpose of effecting as one of a group of such persons some common object within West Malaysia or within the States of Sabah and Sarawak or either of them, as the case may be, other wise to enter into or travel therein.

(2)The Inspector-General may grant the permission under subsection (1) subject to such conditions as he may think fit to impose, and, as a condition precedent thereto, he may require the pupil, student, teacher or member concerned or the parent of the pupil, student or member, or such other person as he thinks satisfactory, to furnish such security by bond or otherwise as he may think sufficient to secure the due observance and fulfilment of the conditions imposed.

(3)Where any Chief Police Officer has reason to believe

(a)that any person is a pupil, student, teacher or member affected by an order made under subsection (1), and that he -

(i)has entered West Malaysia or Sabah or Sarawak from a place outside and has not since the date of such entry continuously remained therein for a period exceeding three months;

(ii)is not the holder of a valid identity card issued to him in, and bearing an address within, West Malaysia or Sabah or Sarawak in accordance with the written law relating to identity cards for the time being in force; and

(iii)has contravened or intends to contravene any such order; or

(b)that any person having obtained written permission under subsection (1) has failed to observe any condition imposed upon him under subsection (2) in respect of such permission,

the Chief Police Officer may by order in writing -

(i)direct that the person be required to leave West Malaysia or East Malaysia, as the case may be, within such time as may be specified in the order and thereafter remain out of that territory for a period of six months from the date of the service of the order upon him, or for such lesser period as the Chief Police Officer may specify; or

(ii)direct that such person be taken into custody and, as speedily as may be, conducted across the frontier, and such person may lawfully be detained for so long as may be necessary for his removal to take effect; and such person so removed shall remain out of the aforesaid territory for a period of six months from the date of the removal.

(4)Any person who contravenes or fails to obey any order made under this section or who commits a breach of any condition imposed under subsection (2), shall be guilty of an offence.

(5)This section shall not operate to authorize the removal from West Malaysia of any person who is a citizen or from East Malaysia of any person who is a citizen by virtue of paragraph 2 of Part I of the Second Schedule to the Federal Constitution.

(6)The powers of the Inspector-General under sub- sections (1) and (2) may be exercised by any police officer not below the rank of Superintendent authorized in writing in that behalf by the Inspector-General.

CHAPTER VI
Miscellaneous

43.Attempts to commit offences and assisting offenders

(1)Without prejudice to the operation of Chapter V of the Penal Code of the Federated Malay States or the corresponding provisions of any Ordinance of Sabah or Sarawak, as the case may be, any person who attempts to commit, or does any act preparatory to the commission of an offence against this Part shall be deemed to be guilty of that offence and shall, on conviction, be liable to the penalties provided for that offence.

(2)No person knowing or having reasonable cause to believe that another person is guilty of an offence against this Part shall give that other person any assistance with intent thereby to prevent, hinder, or interfere with the apprehension, trial or punishment of that person for that offence.

44.Other offences under this Part and abetment.

Any person who contravenes or fails to comply with any provision of this Part or any order made or any direction or instruction given or requirement imposed thereunder or abets such contravention or failure not otherwise declared to be an offence shall be guilty of an offence.

44A.General penalty under this Part.

Any person guilty of an offence against this Part for which no special penalty is provided shall, on conviction, be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.

45.Arrest.

Any police officer may without warrant arrest any person suspected of the commission of an offence against this Part or of being a person ordered in pursuance of this Part to be detained.

46.Enforcement of bonds.

(1)Where any person is required to enter into a bond under section 8 (6) or under section 10 (1), or under section 33 (3), such bond may be enforced by any Magistrate on the application of any police officer not below the rank of Inspector, in the same manner as under the Criminal Procedure Code the Court of the Magistrate may enforce a bond required by that Court to be executed under such Code.

(2)Nothing in this section shall be deemed to prevent the penalty or any part thereof of any such bond from being recovered by suit or action in a court from the person entering into the bond or from his sureties, in accordance with any law for the time being in force relating to Government proceedings.

PART III
SPECIAL PROVISIONS RELATING TO SECURITY AREAS

CHAPTER I
Proclamation of Security Areas

47.Proclamation of security areas.

(1)If in the opinion of the Yang di-Pertuan Agong public security in any area in Malaysia is seriously disturbed or threatened by reason of any action taken or threatened by any substantial body of persons, whether inside or outside Malaysia, to cause or to cause a substantial number of citizens to fear organised violence against persons or property, he may, if he considers it to be necessary for the purpose of suppressing such organised violence, proclaim that area as a security area for the purposes of this Part.

(2)Every proclamation made under subsection (1) shall apply only to such area as is therein, specified and shall remain in force until it is revoked by the Yang di-Pertuan Agong or is annulled by resolutions passed by both Houses of Parliament:

Provided that any such revocation or annulment shall be without prejudice to anything previously done by virtue of the proclamation.

(3)A proclamation made under subsection (1) shall be published in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof and shall have effect as soon as such notice has been given, without publication in the Gazette.

(4)A copy of every proclamation made under subsection (1) shall be published in the Gazette and laid before Parliament as soon as possible after it has been made.

CHAPTER II
Powers relating to Preservation of Public Security

48.Danger areas.

(1)The Minister, if he considers it necessary or expedient in the public security so to do, may, by order to be published in the Gazette, declare any area within a security area to be a danger area.

(2)The limits and extent of every danger area shall be demarcated at the site by such means as will, in the opinion of the Minister, make apparent to persons in or about the area concerned that the area has been declared a danger area.

(3)No person shall enter or remain in a danger area, and any person who fails to comply with this subsection shall be guilty of an offence:

Provided that this subsection shall not apply to members of the security forces in the performance of their duty or to any person accompanied by any such member.

(4)Any member of the security forces may within a danger area take such measures, including means dangerous or fatal to human life, as he considers necessary to ensure that no person prohibited from entering or remaining in a danger area shall enter or remain in the area.

(5)No claim of any kind shall accrue to, or in respect of any injury sustained by any person as a result of his having entered or remained in a danger area in contravention of subsection (3):

Provided that this subsection shall not preclude the award of compensation under any regulations made under section 71 if, in the particular circumstances under which a person sustaining the injury entered or remained in a danger area, the authority empowered to award compensation thereunder considers it equitable to award such compensation.

(6)Where any land, building or other immovable property is within a danger area, a claim for compensation in respect of the land, building or other immovable property may be made in the manner prescribed by regulations made under section 71.

49.Controlled areas.

(1)The Minister may, if he considers it expedient in the public security so to do, make an order, which shall be published in the Gazette, declaring any area within a security area to be a controlled area, and in the same or any subsequent order may declare any specified part of that controlled area to be a residential part.

(2)Every such order shall declare -

(a)that after the expiration of a period to be specified in the order (which shall not be less than seven days from the date thereof) and subject to any exemption for which provision may be made by the same or by a subsequent order and to any conditions upon which such exemption may be granted, no person shall reside or continue to reside in any part of a controlled area other than a residential part; and

(b)that between such hours or at such times as may be specified in the order and subject to any exemption for which provision may be made by the same or by a subsequent order and to any conditions upon which such exemption may be granted, no person shall enter or remain in any part of the controlled area other than a residential part.

(3)Any person who contravenes an order made under this section shall be guilty of an offence.

(4)No order under this section shall apply to -

(a)the Yang di-Pertuan Agong, a Ruler or Governor;

(b)any member of the security forces when acting in the course of his duty; and

(c)any person or class of persons exempted from the order by the Chief Police Officer or the Officer in Charge of the Police District.

50.Protected place.

(1)If, as respects any place or premises in any security area, it appears to a Chief Police Officer to be necessary or expedient in the interests of public security or order, or for the maintenance of supplies or services essential to the life of the community, that special precautions should be taken to prevent the entry of unauthorized persons, he may by order declare the place or premises to be a protected place for the purposes of this Part; and so long as the order is in force, no person shall, subject to any exemptions for which provision may be made in the order, enter or remain in that place or those premises without the permission of such authority or person as may he specified in the order.

(2)Where, in pursuance of this section, any person is granted permission to be in a protected place, that person shall, while acting under that permission, comply with such directions for regulating his conduct as may be given by the Chief Police Officer or by the authority or person granting the permission.

(3)Any police officer, or any person authorized in that behalf by the Officer in Charge of the Police District may search any person entering or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him.

(4)If any person is in a protected place in contravention of this section, or, while in such a place, fails to comply with any directions given under this section, then without prejudice to any proceedings which may be taken against him, he may be removed from the place by any police officer or any person authorised in that behalf by the occupier of the premises.

(5)Any person who is in a protected place in contravention of this section or who on being challenged by a police officer wilfully fails to stop or who unlawfully refuses to submit to search shall be guilty of an offence.

(6)It shall be lawful for the Chief Police Officer to take or cause to be taken such steps as he may deem necessary for the protection of any protected place, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any person entering or attempting to enter the protected place.

(7)Where any measures involving such danger as aforesaid are adopted, the Chief Police Officer shall cause such precautions to be taken, including the prominent display of warning notices, as he deems reasonably necessary to prevent inadvertent or accidental entry into any protected place, and where such precautions have been duly taken, no person shall be entitled to compensation or damages in respect of injury received or death caused as a result of any unauthorized entry into any such protected place.

(8)For the purposes of this section "police officer" shall include-

(a)any member of the security forces;

(b)any prison officer; and

(c)any other person performing the duties of guard or watchman in a protected place, the appointment of whom has been either specially or generally authorized by a Chief Police Officer.

(9)No woman shall be searched under this section except by a woman.

51Exclusion of persons.

The Officer in Charge of a Police District may by order in writing exclude any person or persons from the Police District under his charge or from any part thereof, the District or part being part of a security area.

52.Curfew

(1)Every person within any Police District or part thereof within a security area which may be designated by order by the Officer in Charge of the Police District 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 in possession of a written permit in that behalf issued by a police officer of or above the rank of Sub- Inspector.

(2)No order under this section shall apply to -

(a)the Yang di-Pertuan Agong, a Ruler or Governor;

(b)any member of the security forces when acting in the course of his duty; or

(c)any person or class of persons exempted from the order by the Chief Police Officer or the Officer in Charge of the Police District.

53.Power to take possession of land or buildings

(1)The Minister may if it appears to him to be necessary or expedient so to do in the interests of public security, or for the accomodation of any security forces, take possession of any land or of any building, or part of a building in any security area and may give such directions as appear to him necessary or expedient in connection with the taking of possession of that land or building.

(2)Any police officer may take such steps and use such force as appears to him to be reasonably necessary for securing compliance with directions given to any person under subsection (1).

(3)While any land or building is in possession of the Minister by virtue of this section, the land or building, may, notwithstanding any restriction imposed on the use thereof (whether by any written law or other instrument or otherwise) be used by, or under the authority of, the Minister for such purpose, and in such manner, as the Minister thinks expedient in the interests of public security or for the accommodation of any security forces; and the Minister, so far as appears to him to be necessary or expedient in connection with the taking of possession or use of the land or building in pursuance of this subsection

(a)may do, or authorise persons using the land or building as aforesaid to do, in relation to the land or building, anything any person having an interest in the land or building would be entitled to do by virtue of that interest; and

(b)may by order provide for prohibiting or restricting the exercise of rights of way over the land or building, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in the land or otherwise.

The owner or occupier of any land or building shall, if requested by or on behalf of the Minister so to do, furnish to such authority or person as may be specified in the request such information in his possession relating to the land or building (being information which may reasonably be demanded of him in connection with the execution of this section) as may be so specified.

(5)For the purposes of this section there shall be one or more advisory committee consisting of persons appointed by the Minister; and any such committee may make rules for the conduct of its proceedings.

(6)Any person aggrieved by reason of the taking possession of any land or building under this section may within fourteen days after possession has been taken give notice of his objection thereto to an advisory committee appointed under subsection (5).

(7)The chairman of an advisory committee to which such notice has been given by an aggrieved person shall inform any person on whose behalf possession of the land or building has been taken, and the advisory committee shall thereupon consider the objection made by the aggrieved person and any grounds which may be put forward against the objections by the person on whose behalf possession has been taken, and shall forward its recommendations to the minister.

(8)The Minister after considering the recommendations of the advisory committee shall give such directions thereon as he may think fit.

54.Power to order destruction of certain unoccupied buildings

(1)Where in any security area any building or structure is left unoccupied by reason of the operation of any order made under this Chapter, the Officer in Charge of the Police District in which the building or structure is situate may if it appears to him -

(a)to be likely that the building or structure will if left standing be used by any person or persons who intend, or are about, to act or have recently acted in a manner prejudicial to public security or by any other person who is likely to harbour any such persons; and

(b)to be impracticable in any other way to prevent such use,

destroy or authorize the destruction of that building or structure.

(2)Compensation shall be payable in respect of the destruction of any building or structure under this Section if the claimant satisfies the Minister -

(a)that the building or structure was erected by or with the consent of the person lawfully entitled to the land on which the same was erected; and

(b)that the building or structure was not liable to forfeiture under any regulations made under section 71:

Provided that compensation may be paid to the owner or occupier of any building or structure erected by or with the consent of the person lawfully entitled to the land on which it was erected, notwithstanding that the building or structure is liable to forfeiture under any regulations made under section 71, if the owner or occupier satisfies the Minister that the building or structure vas used by persons who intend, or are about, to act or have recently acted, in a manner prejudicial to public security or that those persons were being or had been harboured by his servant or agent, as the case may be, without his knowledge or consent, and that he exercised all due diligence to prevent the building or structure being so used or the harbouring of those persons as the case may be.

(3)Any compensation payable under this section shall be assessed in accordance with regulations made under section 71.

55.Power to control roads, etc.

(1)Any Officer in Charge of a Police District or any person duly authorized by any such Officer may by order, pr by giving directions, or in any other manner, regulate, restrict, control or prohibit the use of any road or water-way in any security area by any person or class of persons or any vehicle or vessel or type or description of vehicle or vessel or close any road or water-way in the area.

(2)Any Officer in Charge of a Police District may, by the issue of permits to which conditions may be attached or in any other manner regulate, restrict, control or prohibit the travelling by any person or class of persons in any train, motor car, motor bus or vehicle of any description in any security area, and may similarly regulate, restrict, control or prohibit the travelling by any person in any vessel in such area.

56.Power to seize rice and other food.

(1)When on duty, any police officer of or above the. rank of Corporal or any member of the security forces of or above the rating or rank of leading rate of non- commissioned officer, as the case may be, or any person authorized in writing so to do by the Officer in Charge of the Police District may seize any rice of any other article of food in any security area which by reason of its quantity or its situation is or is likely to or may become available to any persons who intend or are about to act or have recently acted in a manner prejudicial to public security or to the maintenance of public order.

(2)Any such police officer or member of the forces as aforesaid may without warrant enter and search any premises if he suspects that any rice or any food liable to seizure under this section is likely to be found on those premises.

(3)When on duty any police officer or any member of the security forces or any person who is authorized in writing so to do by the Officer in Charge of the Police District may stop and search any vessel, vehicle, or individual in any security area, whether in a public place or not, if he suspects that any rice or any food liable to seizure under this section is likely to be found on the vessel, vehicle or individual.

(4)No woman shall be searched under this section except by a woman.

CHAPTER III
Offences Relating to Security Areas

57.Offences relating to fire-arms, ammunition and explosives

(1)Any person who without lawful excuse, the onus of proving which shall be on that person, in any security area carries or has in his possession or under his control -

(a)any fire-arm without lawful authority therefor; or

(b)any ammunition or explosive without lawful authority therefor,

shall be guilty of an offence and shall, on conviction, be punished with death.

(2)A person shall be deemed to have lawful authority for the purposes of this section only if he -

(a)is a police officer or a member of the security forces, or any person employed in the Prisons Department of Malaysia, and in every such case is carrying or is in possession of or has under his control that fire-arm, ammunition or explosive in or in connection with the performance of his duty;

(b)is a person duly licensed, or authorized without a licence, under any written law for the time being in force to carry, possess or have under his control that fire-arm, ammunition or explosive; or

(c)is a person exempted from this section by an Officer in Charge of a Police District, or is a member of any class of persons so exempted by the Inspector- General by notification in the Gazette:

Provided that no person shall be licenced to have lawful authority for the purposes of this section or to be exempt from this section if he carries or has in his possession or under his control any such fire-arm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public security or the maintenance of public order.

(3)A person shall be deemed to have lawful excuse for the purposes of this section only if he proves -

(a)that he acquired the fire-arm, ammunition or explosive in a lawful manner and for a lawful purpose; and

(b)that he has not at any time while carrying or having in his possession or under his control the fire-arm, ammunition or explosive, acted in a manner prejudicial to public security or the maintenance of public order.

(4)A person charged with an offence against this section shall not be granted bail.

58.Consorting with person carrying or having possession of arms or explosives

(1)Any person who in any security area consorts with, or is found in the company of another person who is carrying or has in his possession or under his control any fire-arm, ammunition or explosive in contravention of section 57, in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, with that other person in a manner prejudicial to public security or the maintenance of public order shall be guilty of an offence and shall, on conviction, be punished with death or with imprisonment for life.

(2)Any person who in any security area consorts with, or is found in the company of, another person who is carrying or has in his possession, or under his control any fire-arm, ammunition or explosive in contravention of section 57, in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such fire- arm, ammunition or explosive, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years.

(3)Where, in any prosecution for an offence under this section, it is established to the satisfaction of the court that the accused person was consorting with or in the company of any person who was carrying or had in his possession or under his control any fire-arm, ammunition or explosive, it shall be presumed, until the contrary is proved, that the last mentioned person was carrying or had in his possession or under his control the fire-arm, ammunition or explosive in contravention of section 57.

59.Supplies.

(1)Any person who whether within or outside a security area demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so demanded, collected or received are intended for the use of any person who intends or is about, so to act, or has recently so acted, or for the use of any terrorist, shall be guilty of an offence and shall, on conviction, be punished with death in cases where the supplies in respect of which he is convicted consist of fire-arms, ammunition or explosives, or with imprisonment for life in other cases.

(2)Any person who whether within or outside a security area is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies are intended for the use of any terrorist, shall be guilty of an offence and shall, on conviction, be punished with death in cases where the supplies in respect of which he is convicted consist of fire-arms, ammunition or explosives, or with imprisonment for life in other cases.

(3)Any person who whether within or outside a security area provides, whether directly, or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that that other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so provided are intended for the use of any person who intends or is about, so to act, or has recently acted, or that the supplies are intended for the use of any terrorist, shall be guilty of an offence and shall, on conviction, be punished with death in cases where the supplies in respect of which he is convicted consist of fire- arms, ammunition or explosives, or with imprisonment for life in other cases:

Provided that no person shall be convicted of any offence against this subsection if he proves that prior to being arrested by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer.

(4)In any charge for an offence against this section it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided or intended to be provided.

60.Failure to report offences or to give information.

Any person who whether within or outside a security area, while any proclamation under section 47 is in force -

(a)knowingly or having reasonable cause to believe that another person has committed an offence against this Part fails to report the same to a police officer; or

(b)having in his possession any information as to the present or intended movements or whereabouts of any person whom he knows or has reasonable cause to believe to be a terrorist fails to report the same to a police officer,

shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years:

61.Attempts to commit offences

Without prejudice to the operation of Chapter V of the Penal Code of the Federated Malay States or the corresponding provisions of any Ordinance of Sabah or Sarawak, as the case may be, any person who whether within or outside a security area, while any proclamation under section 47 is in force attempts to commit, or does any act preparatory to the commission of an offence against this Part shall he deemed to be guilty of that offence and shall, on conviction, be liable to the penalties provided for that offence.

62.Assisting offenders.

No person, knowing or having reasonable cause to believe that another person has committed an offence against this Part shall, whether within or outside a security area, give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for the said offence

63 - Other offences under this Part and abetment.

If any person contravenes or fails to comply with any provision of this Part, or any order made or direction given or requirement imposed under any such provision or, whether within or outside a security area, abets such contravention or failure not otherwise declared to be an offence shall be guilty of an offence.

63A. General penalty under this Part.

Any person guilty of an offence against this Part for which no special penalty is provided shall, subject to any special provision contained in this Part or any regulation made under section 71, be liable, on conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both.

Powers of Police and Others

64.Arrest.

(1)Any police officer may without warrant arrest any person suspected of the commission of an offence against this Part.

(2)The powers conferred upon a police officer by sub- section (1) may be exercised by any member of the security forces, by any person performing the duties of guard or watchman in a protected place, and by any other person generally authorized in that behalf by a Chief Police Officer.

65.Powers of search.

(1)When on duty any police officer or any member of the security forces or any person who is authorized in writing so to do by the Officer in Charge of a Police District, may without warrant and with or without assistance stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not, if he suspects that any article or material being evidence of the commission of an offence against this Part is likely to be found in the vehicle, vessel, train, aircraft or on the individual and may seize any article or material so found.

(2)When on duty any police officer of or above the rank of Corporal or any member of the security forces of or above the rating or rank of leading rate or non-commissioned officer, as the case may be, or any person authorized in writing so to do by the Officer in Charge of a Police District may without warrant and with or without assistance enter and search any premises or place if he suspects that any article or material being evidence of the commission of any offence against this Part is likely to be found on the premises or place and may seize any article or material so found.

(3)No woman shall be searched under this section except by a woman.

66.Power to dispense with inquests. etc.

Notwithstanding anything to the contrary in any written law, in any security area-

(a)a Magistrate or a Coroner may dispense with the holding of a death inquiry or inquest on the dead body of any police officer or of any member of the security forces; and

(b)where the Magistrate or Coroner responsible for holding a death inquiry or inquest into the body of any person is satisfied that the person has been killed in a security area as a result of operations by the police or by the security forces for the purpose of suppressing organised violence, the Magistrate or Coroner, as the case may be, may dispense with the holding of a death inquiry or inquest on the body of the person.

67.Medical officers of armed forces to be regarded as Government medical officers for purpose of inquiries.

Chapter XXXII and section 399 of the Criminal Procedure Code of the Federated Malay States and the corresponding provisions of the written laws in force in any Part of Malaysia shall, in respect of any inquiries into any death in any security area, have effect as if reference therein to a Government Medical Officer and to a Medical Officer included reference in each case to a medical officer of the armed forces when acting in the course of his duty:

Provided that -

(a)it shall not be necessary under section 330 of the Criminal Procedure Code of the Federated Malay States or the corresponding provisions of the written laws in force in any part of Malaysia to inform a medical officer of the armed forces of any death in any such area if it is possible to inform the nearest Government Medical Officer, other than a medical officer of the armed forces, without undue delay; and

(b)no medical officer of the armed forces shall, without his consent, be required by any order or otherwise to perform a post-mortem examination of any body.

CHAPTER V
General

68.Compensation.

(1)Where in the exercise of the powers conferred by section 53 or by any regulations made under section 71, possession is taken of any land, building or other structure or of any immovable property or of any space or accommodation in any vessel, aircraft, train or vehicle, compensation in respect of the possession shall be assessed in accordance with regulations made under section 71.

(2)For the avoidance of doubt it is hereby declared that no compensation shall be payable to any person in respect of any damage or injury to his person or property caused by or consequent upon any act authorised by this Part or any regulations made under section 71, unless provision for such compensation is made by this Part or any regulations made under section 71.

69.Application of section 94 of the Penal Code.

Section 94 of the Penal Code (which relates to an act to which a person is compelled by threats) shall have effect as if offences punishable with death under this Part were offences included in Chapter VI of the Penal Code punishable with death.

70.Extension of right of private defence.

The right of private defence of property conferred by Section 103 of the Penal Code shall be deemed to extend to any mischief by fire or explosive committed on a railway engine, railway rolling stock or a motor vehicle in any security area, as it applies to mischief by fire committed on a building used as a human dwelling or as a place for the custody of property.

CHAPTER VI Power to make Regulations

71.Power to make regulations.

(1)When a proclamation has been made under section 47 it shall be lawful for the Yang di-Pertuan Agong to make in respect of any security area any regulations whatsoever which he considers desirable for the public security.

(2)Without prejudice to the generality or scope of the powers conferred by subsection (1), regulations may be made under subsection (1) in respect of any matters coming within the classes of subjects hereinafter specified:

(a)the assessment and payment of remuneration, compensation and allowances in respect of all matters done under this Act or in respect of injuries occasioned by or resulting from any proclamation under section 47;

(b)the restriction of the movement of persons in any security area;

(c)processions and meetings in any security area;

(d)the supply and distribution of food, water, fuel, light and other necessities in any security area;

(e)the declaration of fences or barriers surrounding any area in a security area as perimeter fences, and the regulation of trade and supplies from within and outside any such area

(f)the eviction of persons unlawfully in occupation of land within any security area;

(g)the seizure, occupation and forfeiture of land, buildings and other structures and movable property within any security area belonging to or used by persons who intend or are about to act or have acted in a manner prejudicial to the public security of Malaysia, or belonging to or used by persons who are harbouring or have harboured or who by their servants or agents are harbouring or have harboured any such persons;

(h)the appropriation, control, forfeiture, disposition and use of property in any security area;

(i)the requisition of space or accommodation in any vessel, aircraft, train or vehicle within any security area;

(j)the destruction of buildings and other structures within any security area;

(k)the clearance of lands within any security area, the recovery of the costs of and the payment of compensation in respect of such clearance;

(l)the payment of gratuities to workmen injured or to the dependents of workmen killed by acts of terrorism in any security area;

(m)the restriction and prohibition in any security area of foodstuffs and other supplies;

(n)the registration of persons or any class of persons and the control of occupations and industries within any security area;

(o)the control of the movement of rubber and the protection of rubber plants in any security area;

(p)the modification, amendment, supersession or suspension of the provisions of any written law for the time being in force in any security area;

(q)the powers of the Mentri Besar or Chief Minister of any State under any regulations made under this section;

(r)entry into and search of premises or other places and the arrest, search and interrogation of persons within any security area;

(s)the formation of tribunals and other bodies for the purpose of deciding any matters specified in such regulations, but having no powers to inflict fines or imprisonment;

(t)the prescription of fees and other payments; and

(u)any other matter in respect of which it is in the opinion of the Yang di-Pertuan Agong desirable in the interests of public security that regulations should be made.

(3)Any regulations made under this section may provide for the infliction in the event of a contravention thereof of a fine not exceeding two thousand dollars or of imprisonment for a term not exceeding three years or of both such fine and imprisonment.

(4)Any regulations made under this section shall -

(a)unless the Yang di-Pertuan Agong otherwise directs, come into force on the day on which they are made, and shall then continue in force so long as the proclamation under section 47 is in force, unless sooner revoked; and

(b)have effect only within the security area or areas to which the said proclamation applies.

(5)All subsidiary legislation under this Act in force in any security area immediately before the revocation or annulment of any proclamation under section 47, shall cease to have effect in the area upon the revocation or annulment, but without prejudice to the taking or continuance of any proceedings in respect of anything previously done or omitted to be done, or to the payment of any compensation or allowance thereunder.

PART IV
MISCELLANEOUS PROVlSlONS

72.Seizability and bailability of offences.

(1)Every offence against this Act shall be seizable for the purposes of the Criminal Procedure Code.

(2)Every offence against this Act punishable with imprisonment for a term exceeding three years shall be non-bailable for purposes of the Criminal Procedure Code.

73.Power to detain suspected persons.

(1)Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe -

(a)that there are grounds which would justify his detention under section 8; and

(b)that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof.

(2)Any police officer may without warrant arrest and detain pending enquiries any person, who upon being questioned by the officer fails to satisfy the officer as to his identity or as to the purposes for which he is in the place where he is found and who the officer suspects has acted or is about to act in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof.

(3)Any person arrested under this section may be detained for a period not exceeding sixty days without an order of detention having been made in respect of him under section 8:

Provided that -

(a)he shall not be detained for longer than twenty-four hours except with the authority of a police officer of or above the rank of Inspector;

(b)he shall not be detained for more than forty-eight hours except with the authority of a police officer of or above the rank of Assistant Superintendent; and

(c)he shall not be detained for more than thirty days unless a police officer of or above the rank of Deputy Superintendent has reported the circumstances of the arrest and detention to the Inspector-General or to a police officer designated by the Inspector- General in that behalf, who shall forthwith report the same to the Minister.

(4)-(5)[Repealed]

(6)The powers conferred upon a police officer by sub- sections (1) and (2) may be exercised by any member of the security forces, any person performing the duties of guard or watchman in a protected place and by any other person generally authorized in that behalf by a Chief Police Officer.

(7)Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station or in any other similar place authorized generally or specially by the Minister.

74.Use of lethal weapons in effecting arrests.

(1)Notwithstanding anything to the contrary contained in any other written law it shall be lawful for any police officer in order --

(a)to effect the arrest of any person liable to detention under any order made under section 8;

(b)to effect the arrest of any person liable to arrest and detention under section 73 (1) or (2);

(c)to effect the arrest of any person whom he has, in all the circumstances of the case, reasonable grounds for suspecting to have committed an offence against this Act or against any provision of any written law for the time being specified in the First Schedule;

(d)to overcome forcible resistance offered by any person to the arrest; or

(e)to prevent the escape from arrest or the rescue of any person arrested as aforesaid,

to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons.

(2)Every person arrested for any of the offences referred to in subsection (1) shall as soon as possible after his arrest be clearly warned of his liability to be shot at if he endeavours to escape from custody.

(3)The powers conferred upon a police officer by sub- section (1) may be exercised by any member of the security forces, and by any person performing the duties of guard or watchman in a protected place, and by any other person generally authorized in that behalf by a Chief Police Officer.

(4)Nothing in this section contained shall derogate from the right of private defence contained in sections 96 to 106 of the Penal Code.

75.Admission of statements in evidence.

(1)Where any person is charged with any offence against this Act or against any written law for the time being specified in the Second Schedule any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by the person to or in the hearing of any police officer of or above the rank of Inspector and whether or not interpreted to him by any other police officer or any other person concerned, or not, in the arrest, shall notwithstanding anything to the contrary contained in any written law, be admissible at his trial in evidence and, if the person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:

Provided that -

(a)no such statement shall be admissible or used as aforesaid -

(i)if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the court to give the person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him; or

(ii)in the case of a statement made by the person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect: "It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence"; and

(b)a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been administered if it has been administered as soon as possible.

(2)Notwithstanding anything to the contrary contained in any written law a person accused of an offence to which subsection (1) applies shall not be bound to answer any questions relating to the case after any such caution as aforesaid has been administered to him.

(3)This section shall apply in relation to any person tried after the commencement of this Act, whether or not the proceedings against the person were instituted and whether or not the relevant statement was made before such commencement.

76.Inspection of bankers' books.

The Minister may, if he is satisfied that any evidence of the commission of an offence against this Act or against any written law for the time being specified in the Second Schedule is likely to be found in any banker's book, by order authorize any police officer to inspect any such book, and a police officer so authorized may, at all reasonable times, enter the bank specified in the order and inspect the banker's books kept therein, and may take copies of any entry in any such book.

77.Disposal of property.

(1)Subject to subsection (2) the provisions of the Criminal Procedure Code relating to the disposal of property the subject of an offence shall apply to any article coming into the possession of a police officer or any other person having any functions in connection with the operation of this Act which the officer or person has reasonable ground for believing to be evidence of the commission of an offence against this Act; and in relation to any such article any reference therein to a police officer shall have effect as if it included a reference to any such person.

(2)Any article or material coming into the possession of a police officer under section 65 may be disposed of in such manner as the Minister may order.

(3)Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from the provisions of this section.

78.Registration of persons arrested or detained.

(1)The provisions of the Registration of Criminals and Undesirable Persons Act, 1969, relating to the taking of finger impressions and photographs of persons under arrest and accused of any crime shall apply to persons arrested and detained under this Act as if they were persons accused of any crime within the meaning of that Act.

(2)The provisions of the Registration of Criminals and Undesirable Persons Act, 1969, shall apply to persons convicted of an offence against this Act as if the offence were a crime included in the First Schedule to that Act.

79.Jurisdiction of courts.

Without prejudice to the jurisdiction of the High Court, a Sessions Court or in Sabah and Sarawak, the Court of a Stipendiary Magistrate, shall have jurisdiction to try any offence against this Act, other than an offence punishable with death, and to pass any sentence prescribed therefor not exceeding a fine of five thousand dollars or five years' imprisonment or both.

80.Restriction on prosecution.

A prosecution for any offence against this Act punishable with imprisonment for a term of seven years or more shall not be instituted except with the consent of the Public Prosecutor:

Provided that, subject to the law for the time being in force relating to criminal procedure -

(a)a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained; and

(b)when a person is brought before a court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of such law shall be modified accordingly.

81.Publicity of orders.

(1)When any order or regulation is made or direction or instruction is given under this Act, the Minister or other authority making such order or regulation or giving such direction or instruction shall cause notice of its effect to be given as soon as may be in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it, and such order regulation, direction or instruction shall have effect as soon as notice as aforesaid has been given, without publication in the Gazette

(2)Without prejudice to any special provisions contained in this Act or in any rules or regulations made thereunder a notice to be served on any person for the purpose of any section may be served by leaving it at, or by sending it by post in a letter addressed to that person at his last or usual place of abode or place of business.

(3)Any order or regulation made or any direction or instruction given under this Act may at any time during its continuance be cancelled by the person empowered to make the order or regulation or to give the direction or instruction, but without prejudice to the previous validity thereof or to anything done thereunder or to the power of the person to make a fresh order or regulation or give a fresh direction or instruction under those provisions.

82.Saving.

Nothing in this Act shall affect any other law relating to criminal offences:

Provided that no person shall be punished twice for the same offence.

83.Amendment, etc. of Schedules.

The Schedules to this Act may be added to, varied or amended by resolution passed by both Houses of Parliament

84.(Omitted).

85.Transitional provisions.

(1)Every person who is detained in pursuance of an order of detention issued under this Act before 1st September, 1971, whether or not he has made written representations to an Advisory Board under the Internal Security (Detained Persons Advisory Board) Rules, 1964 (hereinafter referred to as the Rules) as modified by the Emergency (Internal Security) (Modification of Laws) Ordinance, 1969 (hereinafter referred to as the Ordinance), shall, notwithstanding the modifications made to the Rules by the Ordinance, if by reason of the Ordinance he has been prevented from appearing in person or being represented before an Advisory Board either for the hearing of his representations against, or for the review of, his order of detention, be given an opportunity of so appearing or being represented, or both, as he may elect.

(2)The opportunity aforesaid shall be given to the persons mentioned in subsection (1) by notice in writing issued by direction of the Chairman of an Advisory Board, who on receipt of a reply stating that any such person wishes to appear or be represented before the Board shall proceed as if rules 3 (3) and 4 of the Rules in the case of representations, or rule 6 thereof in the case of a review, were in force.

(3)The arrangements mentioned in subsection (2) shall so far as practicable be made so as to give priority to those persons who have been longest under detention, but so that in any case all representations made under this section shall have been considered and recommendations made thereon to the Yang di-Pertuan Agong, and all reviews held thereunder completed and reports made thereon to the Minister, before 1st September, 1972.

This section shall cease to have effect on 1st September, 1972.

FIRST SCHEDULE (Sections 74 and 83)
Use of lethal weapons in effecting arrests

SECOND SCHEDULE (Sections 75, 76 and 83)
Admissions of statements in evidence

THIRD SCHEDULE (Sections 8(2) and 83)
Essential services

1.Water services.

2.Electricity services.

3.Public health services

4.Fire services.

5.Prison services.

6.Postal services.

7.Telephone services.

8.Telegraph services.

9.Radio Communication services, including broadcasting and television services.

10.Port, dock and harbour services and undertakings.

11.Public transport services by land, sea or air.

12.Bulk distribution of fuel and lubricants.

INTERNAL SECURITY ACT, 1960 (Act 82)

Particulars under section 7 (ii) and (iii) of the Revision of Laws Act, 1968 (Act I)

LIST OF AMENDMENTS

LIST OF LAWS OR PARTS THEREOF SUPERSEDED

INTERNAL SECURITY (ADVISORY BOARD PROCEDURE) RULES, 1972

IN exercise of the powers conferred by section 11 (3) of the Internal Security Act, 1960, the Yang di-Pertuan Agong hereby makes the following rules:

1.Citation.

These rules may be cited as the Internal Security (Advisory Board Procedure) Rules, 1972,

2.Interpretation.

In these Rules–

"Board" means an Advisory Board;

"Chairman" means a person appointed under Clause (2) of Article 151 of the Constitution to be the Chairman of a Board;

"detained person" means a person detained in a place of detention in pursuance of detention order;

"detention order" means an order made by the Minister under section 8 (1) of the Act;

"Officer in Charge", in relation to any place of detention, means the officer (by whatever title described) in the charge of that place of detention;

"place of detention", in relation to any detained person, means the place directed by the Minister under section 8 (3) of the Act to be the place in which that person shall for the time being be detained;

"Secretary" means the person performing the duties of secretary to the board.

3.Procedure for making representations.

(1)When any person to whom a detention order relates is served with the detention order the police officer serving the detention order shall at the same time–

(a)inform that person of his right to make representations against the detention order;

(b)provide him with two copies (of if the person states that he intends to engage an advocate to represent him three copies) of Form I in the Schedule and obtain from him one copy of Form I signed by him by way of acknowledgement of the receipt thereof; and

(c)inform him that if he desires to make representations, he must complete the required particulars in the signed copy of the form in time to enable it to be forwarded to the Secretary within a period of fourteen days from the date of the service of the order.

(2)The police officer serving the detention order shall notify the Officer in Charge in writing of the date of the service of the order and the police officer in charge of the place where the order was served, if he is not himself the Officer in Charge, shall inform the Officer in Charge whether or not he has received from the person served with the detention order a completed copy of Form I.

(3)When any person who is served with a detention order is brought to a place of detention and he has not completed Form I, the Officer in Charge shall as soon as practicable after his arrival remind the person of his right to make representations and if the detained person desires to make representations shall remind him to complete one copy of Form I within the period of fourteen days mentioned in paragraph (1) (c).

(4)The police officer in charge of the place where the detention order was served or the Officer in Charge, as the case may be, who receives any written representations from a detained person shall forthwith forward to the Secretary any such written representations whether within the period of fourteen days mentioned in paragraph (1) (c) or not; but any written representations received by the Secretary which have not been despatched before the expiry of that period shall be deemed to have been made out of time unless the Chairman is satisfied that the delay was not due to the fault of the detained person making the representations but was due to circumstances beyond his control.

(5)Representations deemed to have been made out of time shall not be dealt with under rule 5 but shall be dealt with by way of review under section 13 of the Act and disposed of in accordance with the procedure specified in rule 6.

(6)If any detained person fails to complete Form I within the period of fourteen days mentioned in paragraph (1) (c) the police officer in charge of the place where the detention order was served or the Officer in Charge, as the case may be, shall, if practicable, obtain written confirmation from the detained person that he does not wish to make any representations against his order of detention or to be legally represented and shall forthwith forward it to the Secretary.

(7)If any person refuses to accept service of any document to be served on him under the Act or these Rules or declines to confirm in writing that he does not wish to make any representations against his order of detention, or to be legally represented, the police officer in charge of the place where the person is in custody, or the Officer in Charge, as the case may be, shall forthwith inform the Secretary accordingly; and in such case it shall be presumed that the detained person is not making any representations against his order of detention:

(a)permit him to do so, and to be legally represented if he so requests; or

(b)review the order of detention at a later date in accordance with paragraph (5) and rule 6 as if representations had been received out of time.

4.Form of representation.

Representations against a detention order may be made in writing, or orally, or both, as follows:

(a)if the dated person intends to appear in person or to be represented, as hereinafter provided, the Board, he shall include in Form I a brief summary of the grounds of his objections to his detention order and of his reasons for seeking release from detention, which may be amplified orally by him or by his representative at the hearing of his representations by the Board;

(b)if the detained person does not intend to appear or be represented, he shall include in Form I or, if too long for inclusion, in an annexure to Form I bearing his signature or mark, any representations together with particulars of the grounds and reasons therefor, which he wishes to the Board to consider.

5.Hearing of representations.

(1)When any representations are received by the Secretary from a detained person stating that he desires to appear or to be represented before the Board, the Chairman shall appoint a time and place for the consideration of the representations by the Board and shall cause notice thereof in Form II in the Schedule to be served on the detained person and on his advocate if any.

(2)Any detained person upon whom a notice in Form II has been served may appear before the Board at the time and place specified in the notice and, whether he appears in person or not, shall be entitled to be represented by an advocate.

(3)If more than one Chairman has been appointed, any Chairman may by arrangement with any other Chairman transfer the hearing of any oral representations or the consideration of any written representations to a Board presided over by that other Chairman.

6.Procedure for review of detention orders.

Before the review of any detention order under section 13 of the Act, the Chairman shall cause notice to be given to the detained person to whom the order relates of the time and place at which the Board will sit to review the detention order, and the detained person may appear before the Board at that time and place and, whether he appears in person or not, shall be entitled to re represented by an advocate.

7.Proceedings to be in camera.

All proceedings before a Board shall be held in camera.

8.Voting.

All questions before a Board shall be determined by a majority of votes of the Chairman and two members constituting Board, but if either member refrains from voting and the Chairman and the other member do not agree, the opinion of the Chairman shall prevail.

9.Notice to produce detained person.

(1)A Board may be notice in writing addressed to an Officer in Charge require the production before it, at a time and place specified in the notice, of any detained person in his custody, and the Officer in Charge shall cause the detained person to be produced in compliance with the notice.

(2)Any detained person taken outside of detention in pursuance of a notice under paragraph (1) shall, while outside the place of detention, be deemed to be in lawful custody for the purposes of the Penal Code.

10.Procedure where no express provision.

(1)Every Board may regulate its own procedure in respect of any matter not expressly provided for by these Rules.

(2)In particular, but without prejudice to the generality of paragraph (1), a Board may in its discretion, having regard to considerations of security in the national interest, determine–

(a)whether any witness should or should not be heard in the presence of a detained person and his advocate, or either of them;

(b)whether any police officer should or should not required to appear before the Board in the presence of a detained person and his advocate, or either of them; and

(c)whether any document or other information should or should not be made available or disclosed to a detained person and his advocate, or either of them

11.Revocation of L.N. 23/64.

The Internal Security (Detained Persons Advisory Board) Rules, 1964 are hereby revoked.

SCHEDULE

[forms not reproduced here].

INTERNAL SECURITY
(CIVILIAN INJURIES COMPENSATION)
REGULATIONS, 1960

IN exercise of the powers conferred by section 71 of the Internal Security Act, 1960, the Yang di-Pertuan Agong hereby makes the following regulations:

1.Citation and commencement.

These Regulations may be cited as the Internal Security (Civilian Injuries Compensation) Regulations, 1960, and shall come into force upon the coming into force of the Internal Security Act, 1960.

2.Interpretation.

In these Regulations, unless the context otherwise requires–

"appropriate Board" and "appropriate Compensation Officer" mean the Board or Compensation Officer, as the case may be, appointed for that part of Malaysia in which the person making a claim or appeal, as the case may be, under these Regulations is residing at the time of making the claim;

"Board" means a Compensation Board appointed by the Minister of Finance under regulation 3 of these Regulations;

"Compensation Officer" means a Compensation Officer appointed by the Minister of Finance under regulation 3 of these Regulation;

"injury" means any injury, fatal or otherwise, sustained by any person within the Federation by any means whatsoever which, in the opinion of the compensation authority, was caused in a security area, as a direct result of and was attributable to the declaration of such an area as a security area by proclamation under section 47 of the Internal Security Act;

"the Board" – Deleted by L.N. 417/65;

"gainfully occupied adult" means a person to below the age of twelve years who is engaged on the date of receiving any injury in any trade, profession, office, employment or vocation and wholly or substantially dependent thereon for a livelihood or, who, though temporarily unemployed on the date of receiving any injury, is normally so engaged or dependent;

"the compensation authority" means the Compensation Officer or a Board, as the case may require;

"wages" includes any privilege or benefit which is capable of being estimated in money but does not include

(a)a travelling allowance;

(b)the value of any travelling concession;

(c)any contribution paid by an employer of a workman towards any pension or provident fund;

(d)a sum paid to a workman to cover any special expenses entailed by the nature of his employment.

3.Appointment of Compensation Officer and Compensation Board.

For the purpose of these Regulations–

(a)the Minister of Finance shall appoint a Compensation Board for the States of Malaya and a Compensation Board for each of the Borneo States, and every such Board shall consist of a President and four members appointed by name or by office, of whom the President and any two members shall constitute a quorum; and

(b)the Minister of Finance shall appoint a Compensation Officer for each of the following:

(a)the States of Malaya;

(b)the State of Sabah; and

(c)the State of Sarawak.

4.Award of compensation.

(1)The dependant or dependants of any gainfully occupied person who has died as a result of an injury or any person who has received an injury may make a claim under these Regulations to the appropriate Compensation Officer.

(2)The Compensation Officer may, in his absolute discretion, after considering any claim under these Regulations, award to any claimant an ex gratia payment of compensation in accordance with the provisions of these Regulations. Any compensation so awarded may be paid from the general revenues of the Federation.

5.Appeal to the Board.

(1)Any claimant dissatisfied with any award made by the Compensation Officer may appeal to the appropriate Board. The decision of the Board on any such appeal shall be final.

(2)All orders and notices issued under the hand of the President of a Board shall be deemed to have been issued by the Board.

(3)The proceedings of the Boards shall be judicial proceedings and members of any Board shall be public servants within the meaning of the Penal Code in force in the States of Malaya or in Sabah, or in Sarawak, whichever is appropriate.

6.Method of assessment of compensation.

(1)Subject to the provisions of these Regulations, the amount of compensation which may be awarded by the compensation authority to any claimant shall not exceed–

(a)in the case of a gainfully occupied adult:

(i)where death results from the injury, a sum equal to thirty-six months' wages calculated at the rate of earnings of the deceased immediately prior to his death, or, if he was not employed at the date of his death, at his last rate of earnings, or seven thousand two hundred ringgit, whichever is less;

(ii)where permanent total disablement results from the injury, a sum equal to forty-eight months' wages or nine thousands six hundred ringgit whichever is less;

(iii)where permanent partial disablement results from the injury, a percentage of the amount which might be awarded for total disablement calculated on the percentage of loss of earning capacity caused by the injury;

(iv)where temporary disablement, whether total or partial, results from the injury, a half monthly payment of fifty ringgit or of a sum equal to one-third of the claimants' monthly wages, whichever is less, payable during disablement or a period of five years, whichever period is shorter;

(b)in the case of a person other than a gainfully occupied adult:

(i)where permanent total disablement results from the injury, a sum of nine thousand six hundred ringgit;

(ii)where permanent partial disablement results from the injury, a percentage of the amount which might be awarded for total disablement calculated on the degree of partial disablement;

(iii)where temporary disablement, whether total or partial, results from the injury, a half monthly payment of twenty-five ringgit payable during disablement or a period of five years, whichever period is shorter.

(2)No compensation shall be paid in respect of the death of any person who at the date of the injury was not a gainfully employed adult.

7.Medical examination.

Every person making a claim under these Regulations in respect of an injury shall be examined by a medical officer appointed by the appropriate Compensation Officer for that purpose. The report of the medical officer on the injury and the degree of disablement resulting therefrom shall be final.

8.Consideration affecting assessment of compensation.

The compensation authority in assessing and awarding any compensation under these Regulations shall take into account–

(a)the number of persons dependent upon a deceased or injured person;

(b)the general financial position of the dependants of any deceased person in respect of whom a claim is made or of any injured person who is a claimant under these Regulations:

9.Minimum period of incapacity to qualify for compensation.

No award of compensation shall be made in respect of any injury unless incapacity caused by such injury lasts for not less than seven consecutive days.

10.Additional awards for treatment of injuries.

In addition to awarding payment to any injured person of an ex gratia payment of compensation, the compensation authority may make an additional payment to any injured person to enable such person to obtain treatment for his injury whether such treatment shall be obtained within or outside the Federation of Malaya.

11.Hospital treatment.

Any injured person who is awarded an ex gratia payment of compensation under these Regulations may be required to undergo treatment, which shall be free, at a Government Hospital in the Federation, if, in the opinion of the compensation authority, his condition so permits and if accommodation at such hospital is available.

12.Payment of awards.

Any amount of compensation awarded to the representative or dependants of any deceased person or to any injured person may be paid in a lump sum or by installments and may be paid under such terms and conditions as the compensation authority may impose.

13.No right to sue for and variation of compensation.

No award made by the compensation authority shall vest any right in any person to sue for, or claim by any other means all or any part of such award, and an award by the compensation authority may be varied by the Minister of Finance after reference to the Board at any time, but not retrospectively so as to enable any compensation already paid to any person to be recovered, unless such payment was made as a result of fraud or mistake induced by the person receiving the compensation or any other person on his behalf.

14.Time limit for intimating claims.

Except in so far as the Minister of Finance may otherwise direct with respect to any particular class or cases, no claim shall be considered by the compensation authority, unless it shall have been made within three months of the date of the occurrence of the injury, whether such injury did or did not result in death, or within three months of the coming into force of these Regulations, whichever is the later.

15.Persons not eligible to claim.

(1)No member of the armed forces or of a visiting force within the meaning of the Visiting Forces Act, 1960[*], and no dependant of any such member shall be entitled to make any claim under these Regulations in respect of any injury to, or, in the case of a dependant, in respect of the death of, such member.

(2)No public officer and no member of any local force established under any written law, and no dependant of any such officer or member, who is eligible to receive under the provisions of any other written law any pension, allowance, gratuity (other than a gratuity, if any, approved under section 17 of the Pensions Ordinance, 1951, or Rule 15 of the Police Force Pensions Rules, 1927 or under the corresponding provisions of any law relating to persons in force in any part of Malaysia), compensation or other financial award in respect of any injury shall be paid any compensation under these Regulations in respect of the same injury.

16.Evidence and production of documents.

Notwithstanding the provisions of any written law to the contrary, the compensation authority may call upon any person to give evidence or to produce any documents as the compensation authority may require.

17.Penalty for refusal or delay to give evidence or produce documents.

Any person who refuses or delays to give evidence or to produce any documents before the compensation authority shall be guilty of an offence and shall on conviction be sentenced to a period of imprisonment not exceeding two years or to a fine not exceeding two thousand ringgit or to both such imprisonment and fine.

18.Compensation Officer or Board may transfer cases.

(1)Any compensation authority may, on an application in that behalf made by any person making a claim or appeal under these Regulations or if the compensation authority considers that it is in the interests of justice or convenience so to do, transfer any claim or appeal, as the case may be, to any other compensation authority.

(2)If the injury giving rise to a claim or appeal under these Regulations was sustained in a different part of Malaysia from that in which the person making the claim or appeal resides, the compensation authority to which the claim or appeal is made may, instead of transferring the claim or appeal to another compensation authority, obtain from the compensation authority for that part of Malaysia in which the injury was sustained such evidence relating thereto as it may require, and the provisions of regulations 16 and 17 shall apply to the obtaining of any such evidence by the last mentioned compensation authority in the same manner as if it were hearing the claim or appeal.

Made this 29^th day of July, 1960.

By Command,

TUN ABDUL RAZAK,

Minister of Defence

INTERNAL SECURITY (DETAINED PERSONS)
RULES, 1960

In exercise of the powers conferred by section 8 of the Internal Security Act, 1960, the Minister hereby makes the following rules:

1.Citation.

These rules may be cited as the Internal Security (Detained Persons) Rules, 1960, and shall come into operation on the date of the coming into operation of the Internal Security Act, 1960.

2.Interpretation.

In these rules, unless the context otherwise requires–

''the Act'' means the Internal Security Act, 1960;

"detained person'' means any person detained under an order of detention;

"Minister" means the Minister charged with responsibility for places of detention;

"officer" means a Superintendent, Deputy Superintendent, Warrant Officer, Non-Commissioned Officer, Warder or Wardress and includes the Officer-in-Charge, Detention Camps, Federation of Malaya;

"Officer-in-Charge" means the Officer-in-Charge, Detention Camps, Federation of Malaya, appointed under rule 6;

"order of detention" means any order for the detention of any person made under section 8 of the Act;

"order of removal" means any order for the removal of any detained person or persons from one place of detention to another made under section 17 of the Act;

"place of detention" means any place specified as a place of detention in any order of detention or order of removal, and includes a special detention camp and a rehabilitation centre;

"rehabilitation centre" includes any place declared by the Minister under rule 95 to be a place for the rehabilitation of detained persons or of persons against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act, and who have been admitted on their signed application to reside in such place;

"special detention camp" means a place declared to be a special detention camp under rule 86;

"subordinate officer" means any officer below the rank of Deputy Superintendent;

"Superintendent" includes an Officer-in-Charge of a place of detention.

3.Administration.

(1)The administration of a place of detention shall be vested in a Superintendent.

(2)The powers and duties of a Superintendent under these rules may be exercised and performed in the case of the absence or incapacity of the Superintendent by the next senior officer present in the place of detention.

4.Superintendent to detain persons committed to his custody.

Every Superintendent is hereby authorised and required to keep and detain all detained persons duly committed to his custody.

5.Administration of officers and places of detention.

(1)Subject to the orders of the Minister the control of officers of places of detention throughout the Federation shall be vested in the Officer-in-Charge, who may from time to time make such transfers and direct the employment and distribution of officers as he may think fit.

(2)Subject to the orders of the Minister the general charge and administration of places of detention in the Federation shall be vested in the Officer-in-Charge.

6.Appointment of officers and issue of Standing Orders.

(1)The Minister may appoint a public officer to be the Officer-in-Charge of places of detention for the Federation of Malaya and so many Superintendents and Deputy Superintendents as he may think necessary.

(2)The Officer-in-Charge may make and issue orders, to be called ''Standing Orders'', not inconsistent with the provisions of these rules.

7.Duties of Superintendent.

Subject to the orders of the Officer-in-Charge, the Superintendent shall supervise and control all matters in connection with any place of detention the administration of which is vested in him, and shall be responsible to the Officer-in-Charge for the conduct and treatment of the officers and detained persons under his control, and for the due observance by officers and detained persons of the provisions of these rules and of all written laws, Standing Orders, regulations and rules relating to detained persons and places of detention.

8.Appointment of Medical and Dental Officers.

(1)The Minister charged with responsibility for health shall appoint a Medical Officer and a Dental Officer for each place of detention.

(2)If the circumstances do not permit of the Minister making an appointment under paragraph (1) he may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Dental Officer of any specified place of detention.

(3)Whenever a Medial Officer or Dental Officer is, owing to illness or temporary absence or for other sufficient reasons, unable to perform his duties as such Medical or Dental Officer, the Superintendent shall arrange with the Medical Department locally or through the Director of Medical Services that such duties shall be performed by a member of the staff of the Medical Department.

9.Terms of engagement of officers and seconded officers.

(1)All officers shall be engaged in accordance with the conditions of service applicable to them at the date of their engagement.

(2)Warders shall be under engagement to the Government to serve on the staff of a place of detention from month to month, every such engagement after the first month's service, being held to begin on the first day and to be held determinable on the last day of each successive month.

(3)No officer who shall have served for less than one year shall be entitled without written permission from the Officer-in-Charge to resign or withdraw from his duties unless he shall have given not less than one month's notice in writing of his intention to resign.

(4)No officer who shall have served for more than one year shall be entitled without written permission from the Officer-in-Charge to resign or withdraw from his duties unless he shall have given not less than three months' notice in writing of his intention to resign.

(5)Any officer who contravenes the provision of paragraph (3) shall be liable to imprisonment for three months and to a fine of fifty ringgit, and all arrears of pay due to him may be forfeited.

(6)Every person having been accepted for enlistment as a warder shall, prior and as a condition precedent to such enlistment, in his own handwriting, answer the questions and sign the declaration set forth in the attestation paper in form in the First Schedule hereto, and on signing the attestation paper such person shall be deemed to have been duly enlisted as a warder in a place of detention.

(7)

(a)Any police officer or any member of the Armed Forces or of any Local Forces established under any written law, who has been appointed by the Minister to be a Superintendent or Deputy Superintendent (in this paragraph called "a seconded officer"), shall continue and be entitled to serve under the terms and conditions of service applicable to his engagement in the force of which he is a member.

(b)The provisions of rules 9, 10 and 13 shall not apply to any seconded officer.

(c)Notwithstanding the provisions of sub-paragraph (b) the Officer-in-Charge may at any time suspend or interdict a seconded officer.

10.Promotion of Deputy Superintendents.

A Deputy Superintendent may be promoted by the Officer-in-Charge with the approval of the Public Services Commission.

11.Appointment of subordinate officers.

A subordinate officer may be appointed and promoted by the Officer-in-Charge with the approval of the Public Services Commission.

12.Desertion.

A subordinate officer who unlawfully or in breach of his engagement absents himself from duty under circumstances which show that he has the intention of not returning to his duty shall be deemed to have deserted, and shall be liable to imprisonment for six months, and all arrears of pay due to him shall be forfeited.

13.Interdiction, suspension and dismissal.

A Superintendent, a Deputy Superintendent and a subordinate officer may be interdicted, suspended or dismissed in accordance with General Orders of the Federation for the time being in force:

Provided that, where in the opinion of the Officer-in-Charge it is essential in the interest of security and discipline of a place of detention that an officer should cease forthwith to exercise the functions of his office, the Officer-in-Charge may interdict such officer from duty pending an investigation.

14.Uniform and accoutrements.

Every officer shall be provided with such staves, arms, ammunition, uniform and other accoutrements as may be prescribed by the Officer-in-Charge.

15.Delivery of uniform, etc., on leaving.

(1)Every person upon ceasing to be an officer shall forthwith deliver up to the Superintendent of the place of detention in which he is serving at the time of ceasing to be an officer every article of uniform and clothing and all arms, accoutrements, ammunition, staves and other effects of every kind belonging to the Government.

(2)Any person who fails to comply with the provisions of paragraph (1) shall be liable to imprisonment for three months and to a fine of fifty ringgit and in addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the Court and shall be recoverable as if it were a fine.

(3)Every person not being a person employed by or in a place of detention who shall have in his possession any article being part of the clothing, accoutrements, or other effects supplied to any officer and who shall not be able satisfactorily to account for his possession of the same shall be liable to imprisonment for three months and to a fine of fifty ringgit.

16.Officers deemed public servants.

The Officer-in-Charge, and all Superintendents, Deputy Superintendents, Medical Officers, Dental Officers and subordinate officers appointed under these rules shall be deemed to be public servants within the meaning of the Penal Code.

17.Use of weapons.

(1)Every officer may use weapons against any detained person escaping or attempting to escape:

Provided that resort shall not be had to the use of any such weapons unless such officer has reasonable ground to believe that he cannot otherwise prevent the escape.

(2)Every officer may use weapons on any detained person engaged in any combined outbreak or in any attempt to force or break open the outside door or gate or enclosure wall of the place of detention, and may continue to use such weapons so long as such combined outbreak or attempt is actually being prosecuted.

(3)Every officer may use weapons against any detained person using violence to any officer or other person, provided that such officer has reasonable grounds to believe that the officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.

(4)Before using firearms against a detained person under the authority conveyed in paragraph (1), the officer shall give a warning to the detained person that he is about to fire on him.

(5)No officer shall, in the presence of his superior officer, use arms of any sort against a detained person in the case of an outbreak or attempt to escape except under the orders of such superior officer.

(6)The use of weapons under this section shall be, as far as possible, to disable and not to kill.

(7)Every police officer, and every member of the Armed Forces or of any Local Force established under any written law, who is for the time being serving in the capacity of an escort guard or of a guard in or about a place of detention for the purpose of ensuring the safe custody of any detained persons in such place of detention shall be deemed to have all the powers and privileges granted to an officer under this section.

18.Officers to have powers of police officer.

Every officer while acting as such shall have by virtue of his office all the powers, authorities, protections and privileges of a police officer.

19.Offences concerning supplies.

(1)No officer nor any Medical Officer nor any Dental Officer shall sell or supply or receive directly or indirectly any benefit or advantage from the sale or supply of any article to or for the use of any detained person or for the use of any place of detention, nor shall any such officer directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article.

(2)No officer nor any Medical Officer nor any Dental Officer shall directly or indirectly have any pecuniary interest in the purchase of any place of detention supplies, or receive any discounts, gifts or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with detained persons or with their friends with regard to them or on behalf of any detained person hold any unauthorised communications with any person.

(3)Any person who contravenes any provision of this rule shall be liable to imprisonment for six months and to a fine of one thousand ringgit, and may in addition be dismissed from his office and all arrears of pay due to him may be forfeited.

20.Payment of money forbidden.

(1)No money or other consideration shall on any pretext whatsoever be payable, paid, given or promised by or on behalf of any detained person, either on his entry into, commitment to, continuance in, or discharge from any place of detention, to any officer; and any officer receiving or demanding any such money or other consideration or the promising of such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be liable to imprisonment for six months and to a fine of two hundred ringgit.

(2)Any person convicted under this rule may be dismissed from his office, and all arrears of pay due to him may be forfeited.

21.Maintenance of records.

Every Superintendent shall be responsible for seeing that proper records are kept of all such circumstances, and of any correspondence connected with such circumstances, as affect the interests of particular detained persons, and shall bring the cases to the notice of the Officer-in-Charge after such time, or at such time, or at such intervals, as may be proper in each case.

22.Journal.

A Superintendent shall keep a Journal wherein he shall record all matters of importance relating to the place of detention or detained persons.

23.Detained person's complaints, etc.

A Superintendent shall ensure that a detained person who has complaints or applications to make is allowed to make them, and that the Medical Officer's instructions are carried into effect, and the Superintendent shall pay special attention to those detained persons who are in hospital or are undergoing punishment.

24.Diet scale and inspection of meals.

(1)The food of detained persons shall be in accordance with the diet scales set out in the Second Schedule hereto, or such other diet scales as may from time to time be approved by the Minister on the recommendation of the Minister charged with responsibility for health.

(2)A Superintendent shall, from time to time, and not less than once in each week, visit the detained persons and shall enquire into any complaints that may be made regarding the rations and shall take immediate action to remove the cause of any such complaint which appears to be justified. A Superintendent shall ensure that the foodstuffs are of good quality and that every detained person receives the rations to which he is entitled by law and that no deviation from the authorised scale is permitted except by the written authority of the Medical Officer.

(3)A copy of the diet scales shall be displayed in some conspicuous part of the place of detention.

(4)Scales and standard weights and measures shall be provided for weighing the food supplied to detained persons.

(5)A detained person ordered to be kept on punishment diet shall have substituted for his ordinary diet the punishment diets as prescribed in the Second Schedule hereto, unless otherwise ordered by the Medical Officer.

25.Inspection of foodstuffs.

A Superintendent or the next senior officer shall daily inspect and superintend the issuing of the detained persons' meals and whenever possible, shall weigh the rations supplied to the place of detention when delivered by the contractor. A record shall be made of such check in a book kept for the purpose.

26.Rations to be in accordance with diet scales.

A Superintendent shall ensure that every article of food supplied for the use of the detained persons is sound and of good quality, and that the scales, weights and measures in use in the place of detention are accurate and in proper order. A Superintendent shall take special care to see that the rations issued are strictly in accordance with the prescribed scales of diet and that every detained person receives the diet to which he is entitled.

27.Death of detained person.

(1)A Superintendent shall, upon the dangerous illness or death of any detained person, give immediate notice thereof to the most accessible known relative of the detained person or of the deceased (as the case may be).

(2)A Superintendent shall, upon the death of a detained person, give immediate notice thereof to the nearest Magistrate or Coroner (as the case may be) and report the death to the Officer-in-Charge.

28.Detained person mentally unsound.

A Superintendent shall without delay report to the Medical Officer any case of mental disorder or apparent mental disorder.

29.Visitors to view a place of detention.

(1)The Minister may permit any responsible person, who has good reasons, to view a place of detention at reasonable hours accompanied by an officer.

(2)Visitors shall give their names and addresses and sign their names in the Visitors Book and are liable to be searched by order of the Superintendent.

(3)A Superintendent may remove from a place of detention any visitor to the place of detention whose conduct is improper.

30.Books and records to be kept.

A Superintendent shall keep or cause to be kept:

(a)an Admission Register and a Record of all detained persons committed, with date of commitment and the date at which such detention will lapse, and the name, age, height, weight, particular marks and general appearance of the detained person and any other particulars which may be required;

(b)a Daily Release Book, in diary form, wherein he shall enter, when admitted, the name of every detained person under the proper date upon which such detained person is to be released;

(c)a Detained Person's Effects Book to be kept in the approved form;

(d)a Detained Persons' Punishment Book, wherein shall be recorded the name of every detained person punished for offences, the punishment inflicted and the name of the officer ordering the punishment and also the certificate of the Medical Officer as to whether the detained person is physically fit to undergo the punishment as ordered, and the date;

(e)a petty cash account;

(f)an account of all receipts and disbursements;

(g)an Unofficial Visitors Book, containing a record of all unofficial visitors to the place of detention;

(h)an Official Visitors Book;

(i)a list of books and documents committed to his care;

(j)a Fine and Reward Account Book, showing the amount and disposal of all fines and forfeitures levied from the staff; and

(k)such other books or records as the Officer-in-Charge may direct.

31.Petitions by detained persons.

A Superintendent shall, without delay, submit to the Officer-in-Charge, for transmission to the Minister any petition received from a detained person.

32.Retention and care of property.

(1)Money and all other articles whatever in possession of, or sent in to, any detained person, not expressly allowed by these rules, shall be taken from such detained person. Such property shall be inventoried in the Register of Property, which shall be signed by the detained person.

(2)Any article of a perishable or dangerous nature may be destroyed.

(3)A Superintendent shall take particular care to see that every precaution is taken to ensure the safe custody of detained persons' property and to prevent the loss or misappropriation of any such property.

33.Report to the Officer-in-Charge.

A Superintendent shall report to the Officer-in-Charge all escapes, serious assaults, outbreaks of disease or any occurrences of an unusual or serious nature.

34.Action in case of emergency.

In cases of sudden emergency a Superintendent shall take such action as may in the circumstances be necessary, entering the particulars in his Journal, and forthwith making a report of the same to the Officer-in-Charge.

35.Control of expenditure.

A Superintendent shall keep strict surveillance over the expenditure of such public money as may be allocated to the place of detention; and he shall ascertain that all moneys received are properly accounted for.

36.Searching of detained persons.

(1)A Superintendent shall ensure that every detained person is strictly searched on admission, and that all knives, weapons, instruments, money, opium, or anything forbidden by these rules, or in his opinion objectionable, or anything likely to facilitate escape, are taken from the detained person. A Superintendent may cause any dangerous or objectionable article to be destroyed.

(2)A female detained person shall be searched only by a Wardress.

37.Searching of officers.

(1)Every subordinate officer shall submit himself to be searched within a place of detention or within his quarters, and likewise he shall submit to the search of his quarters by a Superintendent or by any other officer in accordance with such directions as the Superintendent may see fit to give.

(2)Female officers shall be searched only by members of their own sex.

38.Absence from duty.

Subordinate officers shall not be absent from a place of detention during hours of duty without leave from the Superintendent and before leaving the place of detention at any time they shall leave their keys, arms and books in the place or places appointed.

39.Unauthorised communications.

No officer or any person employed in the place of detention shall make any unauthorised communication concerning any place of detention or detained person whatever, and shall not, without the written authority of the Officer-in-Charge, communicate to the public press information derived from official sources or connected with his duties or the place of detention, and any such communication by an officer without authority, will be regarded as a breach of confidence and will render him liable to dismissal.

40.Female staff, quarters and absence.

The Senior Wardress shall reside in such quarters as may be assigned to her. She shall not be absent from her quarters without leave from the Superintendent except during such hours as shall from time to time be fixed by him; and in case of such absence the next senior female officer shall have the same powers and be subject to the same responsibilities as the Senior Wardress.

41.Searching of female detained persons.

The Senior Wardress shall search, or cause to be searched, every female detained person on admission and so often afterwards as may be directed by the Superintendent or as she thinks necessary.

42.Offences by officers and punishments.

A subordinate officer who shall be guilty of any of the following disciplinary offences, namely–

(a)absence from duty without good cause;

(b)sleeping on duty;

(c)neglect or disobedience of orders;

(d)being under the influence of alcohol or drugs while on or off duty;

(e)insubordination;

(f)neglect of duty;

(g)wilful destruction of or careless loss of or injury to Government property;

(h)malingering;

(i)using personal violence to any detained person save in the case of (1) repeated refusal to obey a lawful order; (2) self-defence; or (3) defence of any other officer, person or detained person;

(j)instigating or permitting any detained person to commit any crime or offence against place of detention discipline;

(k)allowing unauthorised persons to communicate with detained persons;

(l)borrowing money from or lending money to any other officer;

(m)bringing spirituous or fermented liquor or any prohibited article into the place of detention;

(n)being improperly dressed when in uniform;

(o)reporting late for duty;

(p)losing supervision over the detained persons in his or her charge;

(q)selling or making away with any part of his or her uniform equipment or accoutrements;

(r)trafficking with detained persons;

(s)using personal violence or threats towards any officer;

(t)any other conduct to the prejudice of good order or discipline or the security of a place of detention or in violation of these rules,

(i)summary dismissal, subject to confirmation by the Officer-in-Charge;

(ii)reduction in rank, subject to confirmation by the Officer-in-Charge;

(iii)forfeiture of not more than fifteen days pay;

(iv)extra duties, not exceeding four;

(v)extra drills, not exceeding seven;

(vi)severe reprimand; and

(vii)reprimand:

Provided that in case of absence without good cause forfeiture of pay may extend to the period of absence in addition to any other punishment inflicted:

Provided further that on conviction under paragraph (g) any such officer shall be liable to pay the value of the property destroyed, lost or damaged.

43.Appeal to Officer-in-Charge.

A subordinate officer may appeal to the Officer-in-Charge against any punishment ordered under rule 42 and the Officer-in-Charge may reduce or confirm any such punishment.

44.Adjudication by Officer-in-Charge.

(1)If it shall appear to a Superintendent that an offence punishable under rule 42 is of such a grave character as to require a more severe punishment than any therein prescribed, then such Superintendent shall direct that the person accused be charged before a Magistrate, and such person shall be liable to imprisonment for six months and to a fine of five hundred ringgit:

Provided that if the offence relates to the destruction or loss of or injury to Government property the person convicted shall in addition be liable to pay the value of the property destroyed, lost, or injured, which value shall be summarily ascertained by the Court and shall be recoverable as if it were a fine.

(2)A subordinate officer convicted by a Magistrate under this rule shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.

45.Assault on senior officer.

(1)An officer who shall assault, threaten or insult any officer senior to him when such senior officer is on duty or when such assault, threat or insult shall relate to or be consequent upon the discharge of duty by the officer so assaulted, threatened or insulted, shall be liable on conviction before a Magistrate to imprisonment for six months and to a fine of five hundred ringgit.

(2)Any person convicted under this rule shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him be forfeited.

46.Trafficking.

(1)Every person who without lawful authority–

(a)conveys, supplies or causes to be supplied or conveyed to any detained person, or hides or places for his use any letter or document or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article whatsoever; or

(b)brings or attempts by any means whatever to introduce into any place of detention, or places or attempts to place where detained persons shall labour, any letter or document or any intoxicating liquor, tobacco, bhang or hemp, opiate, drug, money, clothing, provisions or any other article to be sold or used therein; or

(c)brings or attempts to bring out of any place of detention, or conveys from any detained person any letter, document or other article; or

(d)communicates with any detained person; and

(2)Every officer who without lawful authority–

(a)knowingly suffers any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothings, provisions, letter, document or other article to be sold to or received or used by or on behalf of any detained person; or

(b)lends or gives to any detained person any such intoxicating liquor, tobacco, bhang or hemp, opiate, drug, money, clothing, provisions or other articles; or

(c)knowingly suffers any letter, document or other article to be brought out of any place of detention, or to be conveyed from any detained person,

shall be liable on conviction by a Magistrate to imprisonment for six months and to a fine of one thousand ringgit, and an officer shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.

47.Officers' Reward Fund.

All pay which is forfeited by fines inflicted upon officers under these rules shall be paid into a fund to be called ''The officers' Reward Fund''. This Fund shall be administered by the Superintendent in accordance with Rules to be made by the Officer-in-Charge.

48.Custody during removal.

A detained person who is being removed or transferred from one place of detention to another, or for whose production at any place an order has been made, shall, while outside a place of detention be deemed to be in the lawful custody of the Superintendent of the place of detention from which he is being removed or transferred.

49.Bedding.

Every detained person shall be supplied with bedding adequate for warmth and health in accordance with a scale approved by the Officer-in-Charge. Additional bedding may be authorised in special circumstances on the recommendation of the Medical Officer.

50.Discharge of detained persons.

A Superintendent shall be responsible for the due discharge of all detained persons immediately upon their becoming entitled to release.

51.Escapes and offences connected therewith.

(1)If a detained person escapes by breach of a place of detention or otherwise out of custody, he may be retaken in the same manner as a person convicted of crime against the law of the Federation may be retaken on an escape.

(2)Any person who is guilty of the offence of so escaping or of attempting to escape, or of aiding or attempting to aid any such detained person so to escape, shall be deemed to have committed an offence against the law of the Federation, and may be tried and punished accordingly.

52.Attendance at place of detention by Medical Officer.

The Medical Officer shall, if necessary, attend at the place of detention daily.

53.Examination of, and visits to, detained persons.

The Medical Officer shall examine every detained person sentenced to punishment for any offence before any such punishment is carried out and certify whether in his opinion such punishment can be inflicted without the probability of serious injury being caused thereby. He shall examine every detained person prior to discharge and prior to transfer to any other place of detention. He shall visit such of the detained persons as are sick; he shall see every detained person sentenced to close confinement once a day.

54.Case Book and Journal.

The Medical Officer shall enter in a Case Book, to be kept in the place of detention and accessible to the Superintendent, an account of the name, disease, state and treatment of every sick detained person. He shall keep a Journal in which shall be entered day be day his comments on the state of the place of detention and detained persons.

55.Mentally unsound detained persons.

The Medical Officer shall report in writing to the Superintendent the case of any detained person whose mind has been or appears likely to be injuriously affected, and give such written directions in the case as he may think proper. He shall report in writing the case of any detained person appearing to be mentally disordered.

56.Sick detained persons.

The Medical Officer shall report in writing to the Superintendent the case of any detained person to which he thinks it necessary on medical grounds to draw attention, and shall make such recommendation as he deems needful for the alteration of the discipline or treatment of the detained person or for the supply of additional articles to the detained person. The Superintendent shall so far as is practicable carry into effect any written recommendation made by the Medical Officer.

57.Detained persons unfit for detention.

Whenever the Medical Officer either on his own observation or on report by the Superintendent is of the opinion that the life of any detained person will be endangered by his continuance in a place of detention or that any sick person will not survive his detention or is totally and permanently unfit for place of detention discipline, he shall state his opinion, and the grounds therefor, in writing to the Superintendent, who shall forward the same to the Officer-in-Charge.

58.Medical Officer to inspect place of detention.

At least once in every month the Medical Officer shall inspect every part of the place of detention with special reference to the sanitary state of the place of detention, the health of the detained persons and adequacy and proper cooking of the diets; and he shall ensure that the body weights of detained persons are properly recorded and shall periodically review them.

59.Death of detained person.

The Medical Officer shall forthwith, on the death of any detained person, enter in his Case Book the time when the illness, if any, was first observed; when it was first reported to him; when it assumed a dangerous character; the nature of the disease or other cause of death; the time of death and an account of the appearance after death, together with any special remarks that appear to him to be necessary; and the result of postmortem examination, if any.

60.Examination of food and water.

The Medical Officer shall frequently examine the food of the detained persons, cooked and uncooked, and shall report in writing to the Superintendent as to the quality of the provisions, and any deficiency in the quality, or defect in the quantity, of the water, or any other cause which may affect the health of the detained persons.

61.Infectious or contagious diseases.

(1)The Medical Officer shall give directions in writing for separating detained persons having infections or contagious diseases; for cleansing and disinfecting any room or cell occupied by any such detained person; and for cleansing, disinfecting, or destroying, if necessary, any infected apparel or bedding, which the Superintendent shall forthwith carry into effect.

(2)The Medical Officer shall in the case of the occurrence of any epidemic, or highly infectious or contagious disease, or of any other circumstances affecting the health of the detained person requiring unusual measures, make immediate report to the Superintendent without waiting for the time of any periodical report.

62.Occurrence of infectious disease.

(1)In the case of a contagious or infectious disease occurring in any place of detention it shall be lawful to remove any of the detained persons from such place of detention to any other place and such removal may be made in pursuance of an order under the hand of the Officer-in-Charge.

(2)Such other place as aforesaid shall be deemed during the continuance of any detained person therein to be a part of the place of detention from which such detained person was so removed, and when such disease shall have ceased, any detained person so removed from any place of detention shall be taken back to the place of detention whence he was removed, if still liable to be confined therein.

63.Custody of detained persons of unsound mind.

(1)Whenever a detained person appears to a Medical Officer to be mentally disordered he may direct that such detained person be removed to any mental hospital or other fit place of safe custody in the Federation and be there detained, and an order of removal signed by the Officer-in-Charge shall be authority for the reception of the detained person and for his detention therein until removed or discharged as hereinafter provided.

(2)Where a detained person who is detained in a mental hospital under the provisions of these rules is in the opinion of the Medical Officer in charge of such mental hospital no longer mentally disordered the Medical Officer shall report accordingly to the Officer-in-Charge who shall, by order, direct the return of such detained person to the place of detention whence he was removed or to any other place of detention in the Federation.

64.Serious illness of a detained person.

(1)In case of serious illness of a detained person, other than a detained person referred to in paragraph (2), confined in a place of detention in which there is not suitable accommodation for such detained person, the Superintendent may, on the certificate of a Medical Officer, make an order for his removal to a Government hospital.

(2)Where a detained person confined in a place of detention appears to the Officer-in-Charge, on the certificate of a Medical Officer, to be a leper the Officer-in-Charge may, by order in writing, direct his removal to any leper asylum or settlement, there to be kept and treated until cured of his leprosy.

65.Return to place of detention.

So soon as, in the opinion of the Medical Officer in charge of any hospital, leper asylum or settlement, it is no longer necessary that any detained person who shall have been removed to the said hospital, asylum or settlement should remain therein, he shall transmit to the Superintendent of the place of detention whence the said detained person was removed a certificate, stating that such necessity has ceased, and thereupon the Superintendent shall forthwith cause such detained person to be brought back to the place of detention if he is still liable to be confined therein.

66.Liability for escape.

If any detained person shall escape during such time as he is in any hospital, leper asylum or settlement as aforesaid, no officer shall be held answerable therefor, unless such detained person shall have been in the personal custody of such officer.

67.Duty to prevent escape.

Every precaution shall be taken by the medical officers and other officers of any hospital, leper asylum or settlement to prevent the escape of detained persons who may at any time be under treatment therein, and it shall be lawful for the said officers to take such measures for preventing the escape of any such detained persons as shall be necessary, provided that nothing be done under the authority hereof which in the opinion of the medical officers is likely to be prejudicial to the health of such detained persons.

68.Special custody in hospitals.

Where a Superintendent considers it desirable to take special measures for the security of such detained person while under treatment in any hospital, leper asylum or settlement, it shall be lawful for him to give such detained person into the charge of fit and proper persons not being less than two in number, one of whom at the least shall always be with such detained person day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent such detained persons from escaping, and shall be answerable for his safe custody until such time as he is handed over to an officer on his discharge from such hospital, leper asylum or settlement.

69.Medical examination of officers.

The Medical Officer shall examine all candidates for employment as officers or servants of a place of detention and report whether they possess the necessary qualifications as to health and strength.

70.Dental Officers.

The rules applicable to Medical Officers shall apply, so far as may be, to Dental Officers.

71.Punishment for minor offences by detained persons.

A Superintendent may punish any detained person found after due enquiry to be guilty of a minor offence as hereinafter specified by ordering him to undergo one or more of the following punishments–

(a)confinement in a punishment cell for a term not exceeding five days on punishment diet;

(b)deprivation for such period as the Superintendent may think fit of any privilege, whether relating to food, books, clothing, luxuries of any description, letters, visitors, or any other matter whatever, of which he may be in enjoyment; or

(c)reprimand.

72.Punishment for aggravated offences by detained persons.

A Superintendent may punish any detained person found after due enquiry to be guilty of an aggravated offence as hereinafter specified by ordering him to undergo one or more of the following punishments–

(a)confinement in a punishment cell for a term not exceeding seven days on punishment diet;

(b)deprivation for such period as the Superintendent may think fit of any privilege, whether relating to food, books, clothing, luxuries of any description, letters, visitors, or any other matter whatever, of which he may be in enjoyment; or

(c)reprimand.

73.Minor offences.

The following shall be deemed to be minor offences–

(a)shouting or making unnecessary noise within a place of detention;

(b)quarrelling with any other detained person;

(c)assaulting or taking part in any attack on any other detained person;

(d)doing any act or using any language calculated to wound or offend the feeling and prejudices of any other detained person;

(e)using any abusive or indecent language or indulging in any indecent act or gesture;

(f)committing any nuisance in any place of detention;

(g)treating with disrespect any Judge, President of a Sessions Court, Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;

(h)refusing without reasonable excuse to eat the food provided in the place of detention;

(i)wilfully destroying food or throwing it away without orders;

(j)omitting or refusing to keep his person clean or disobeying any order designed to preserve the health of detained persons;

(k)tampering in any way with books, lights or other fixtures or fittings in a place of detention;

(l)stealing or without reasonable excuse interfering with the clothing or property of any other detained person;

(m)spitting on or otherwise soiling any floor, door, wall or other part of the place of detention or any article therein;

(n)wilfully or negligently damaging or destroying any article or thing whatsoever assigned for his use or entrusted to him by the authorities of the place of detention;

(o)wilfully or negligently damaging or destroying any Government property to which he may have access;

(p)malingering;

(q)refusing to undergo medical treatment;

(r)refusing or neglecting to comply with any reasonable order or direction brought to his notice in any manner;

(s)making any false accusation against any officer or any person employed in or in connection with a place of detention;

(t)any other act, conduct, disorder or neglect which may reasonably be considered to be to the prejudice of good order or discipline though not specified in the foregoing paragraphs.

74.Aggravated offences.

The following shall be deemed to be aggravated offences-

(a)mutiny;

(b)escape or attempt to escape;

(c)taking part in any assault or attack on any Judge, Sessions Court Judge, Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;

(d)aggravated or repeated assault on any other detained person;

(e)aiding or abetting the commission of any aggravated offence;

(f)inciting the commission of any offence;

(g)the commission of any minor offence by any person who has on two or more previous occasions been punished under rule 71.

75.Medical examination before punishment.

Every detained person sentenced to dietary punishment shall be sent to the Medical Officer for examination, and a certificate that its infliction will not, in his opinion, be injurious to health shall be obtained by the Superintendent before it is carries out.

76.Full diet after three days punishment diet.

Whenever a detained person is sentenced to undergo close confinement in a punishment cell for a period exceeding three days on a punishment diet, he shall be given full diet on every fourth day.

77.maximum period of close confinement.

Confinement in the punishment cells shall not exceed an aggregate of ninety days in a year for any one detained person and the execution of any two consecutive sentences shall be separated by a period not shorted than the longer of such sentences.

78.Visits to detained persons in cells.

A detained person sentenced to confinement in a punishment cell shall see no one save officers in the execution of their duty, a Minister of Religion, his legal adviser, and the medical Officer, and shall only have such out-door exercise as the latter certifies is absolutely necessary for health. Every detained person confined in a punishment cell or subjected to punishment diet shall be visited at least once a day by the Superintendent and the medical Officer, and if he is confined in a punishment cell he shall be visited by the appointed officer at intervals of not more than three hours during the day.

79.Luxuries.

So far as may be reasonably practicable, and subject to the directions of a Superintendent as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline, provided that all such articles must be received or bought through the Superintendent, who may impound any article the possession of which is prohibited by the rules of the place of detention or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place of detention.

80.Books, etc.

(1)A person under detention may, as far as is consistent with the proper discipline of the place of detention, have the use of books and papers, provided that all such articles are received or procured through the Superintendent.

(2)A Superintendent may detain any paper or book which, in his opinion, subject to an appeal to the Officer-in-Charge, contains any objectionable matter.

81.Visits.

(1)

(a)A detained person shall, consistent with the proper discipline of the place of detention and subject as hereinafter provided, be entitled to visits from his relatives and legal adviser.

(b)A detained person may, consistent with the proper discipline of the place of detention and subject as hereinafter provided, with the express permission of the Superintendent whose decision shall, subject to an appeal to the Officer-in-Charge, be final, receive visits from persons other than his relatives and legal adviser.

(2)No detained person shall, except with the express permission of the Superintendent, receive more than one visit a week.

(3)Not more than two persons shall be admitted to visit a detained person at any one time.

(4)No visit shall last more than 30 minutes.

(5)A Superintendent or an officer, or in the case of a visit to a female, a wardress, shall, together with an interpreter in any case where such officer does not understand the language spoken, be in sight and hearing during the whole of any visit to a detained person, unless the Superintendent by an order in writing sees fit to dispense with any of the above requirements.

(6)A Superintendent may remove from a place of detention any visitor to a detained person if the conduct of such visitor or detained person is improper.

82.Visitors may be searched.

(1)Every visitor to a detained person shall furnish the Superintendent or an officer authorised by the Superintendent with his name and address and, if the Superintendent or such officer has any ground for suspicion, he may search or cause to be searched male visitors and may direct a female officer to search female visitors, but such shall not take place in the presence of any detained person or of another visitor.

(2)If any visitor refuges to be searched or if a Superintendent or such authorised officer is of opinion that the admission of such visitor would be prejudicial to security or good order in the place of detention, the Superintendent or such officer may deny him admission, recording the grounds of his refusal in the journal.

(3)If any article is found as the result of a search which, in the opinion of a Superintendent or such authorised officer, is prohibited by the rules of the place of detention or likely to be dangerous to the health or life of any detained person or likely to facilitate escape from the place of detention, he may impound such article.

83.Letters.

(1)A detained person may, consistent with proper discipline of a place of detention, receive one letter and send one letter in any week.

(2)A Superintendent or an officer authorised by him shall read every letter written by or addressed to any detained person and if he considers it to contain any objectionable matter he shall detain it.

(3)The decision of the Superintendent shall, subject to an appeal to the officer-in-Charge, be final.

84.Work.

Detained persons shall not be required to do any labour other than that which is necessary for keeping their rooms, furniture and utensils clean and the place of detention clean and in good order, and for the preparation of food, but shall do nay work for any such purpose which the Superintendent may direct them to perform.

85.Board of Inspection.

(1)The Minister may appoint any two or more persons to constitute a Board of Inspection (hereinafter referred to as ''the Board'') for a place of detention.

(2)The Board may visit the place of detention at any time and shall visit the place of detention at least once in every month.

(3)The Board shall be entitled to inspect any part of the place of detention and shall in particular visit the sick in hospital and enquire into the condition of persons undergoing punishment in cells.

(4)The Board shall hear any complaint (not being a complaint relating to the validity of a detention order or relating to the grounds on which a detention order was made) which any detained person may wish to make, and it shall be the duty of the Superintendent to inform the Board of any detained person who wishes to make a complaint. The hearing of a complaint shall be as informal as possible.

(5)The minute book shall be provided at the place of detention in which the members of teh Board shall record their visits and may enter any remarks and recommendations which they wish to make. A certified copy of the entries in the minute book for the preceding month shall be transmitted to the Minister on the first day of each month.

86.Special detention camp.

(1)The Minister or any officer authorised by him in that behalf may by order in writing signed by him decladre any place of detention or such part of any place of detention as may be described in such order or any other place to be a special detention camp for the purpose of these rules.

(2)The officer-in-Charge or any officer authorised by him in that behalf may order any person detained under these rules to be transferred to the special detention camp specified in such order and there to be detained.

(3)A Superintendent may, after due inquiry, order any person detained under these rules in his curstody to be removed to and detained for such period as the Superintendent may order in that part of the place of detention, of which he is Superintendent, which has been declared to be a special detention camp under these rules and may at any time if he shall think fit revoke such order.

(4)An order for the transfer or removal to and detention in, a special detention camp of a detained person shall not be made under paragraphs (2) and (3) unless the Officer-in-Charge or the officer making the order, as the case may be, is satisfied-

(a)that it is necessary or desirable in order to secure the safe custody of such person that such order should be made; or

(b)that is necessary or desirable for teh maintenance of good order or discipline in a place of detention that such person should be transferred or removed therefrom; or

(c)that such person has repeatedly offended against the discipline of the palce of detention; or

(d)that by reason of the conduct or antecedents of such person it is undesirable that such person should continue to associate with the other persons detained in places of detention other than special detention camps.

(5)No person shall be ordered to be detained in a special detention camp by a Superintendent in exercise of the powers conferred upon him by paragraph (3) for a longer period than six months unless such order is confirmed in writing by the Officer-in-Charge.

(6)The Minister may order any detained person to be detained in a special detention camp, if he is satisfied that it is necessary or desirable to secure the safe custody of such person so to do or if it appears to him to be undesirable that such person should associate with other persons detained in places of detention other than special detention camps.

87.Certain regulations not to apply to special detention camp.

Rules 79, 80, 81 and 83, other than paragraphs (3), (4) and (5) of rule 81 and paragraphs (2) and (3) of rule 83, shall not apply to persons detained in a special detention camp.

87A.Detention in cell.

(1)A person ordered to be detained in a special detention camp shall be confined in a cell (not being a punishment cell) either individually or together with any one or more other detained persons.

(2)Such detained person shall be allowed out of his cell for exercise, visits or otherwise for a total period of not less than that specified in the Third Schedule daily.

(3)Every cell to be used for the purpose of confinement under this rule shall be inspected and certified by the Medical Officer as being suitable for such purpose.

88.parcels in special detention camps.

The Superintendent shall open and inspect the contents of every parcel received by a person detained in a special detention camp and may impound any article the possession of which is prohibited by the rules of the camp or which in his opinion is likely to be dangerous to health or life or to facilitate escape from the place of detention.

89.Luxuries in special detention camp.

No person detained in a special detention camp shall secure or purchase any article or luxury otherwise than from the canteen established by the Superintendent in such camp for the sale of articles and luxuries to such detained persons or otherwise than in accordance with the provisions of rule 90.

90.Privileges of detained persons in special detention camp.

(1)Every person detained in a special detention camp shall, on transfer or admission thereto, be placed in the First Stage and shall be entitled, subject to the provisions of these rules, to the privileges specified in the second column of the Third Schedule hereto as applicable to such Stage.

(2)Upon the expiration of the ninth week from the date of his transfer or admission, such detained person may, if the Superintendent is satisfied that he has been of good behaviour during the period of his detention, be promoted to the Second Stage and shall be entitled, subject to the provisions of these rules, to the privileges specified in the second column of the Third Schedule hereto as applicable to such Stage.

(3)Upon the expiration of the ninth week from the date of his promotion to the Second Stage such detained person may, if the Superintendent is satisfied that he has been of good behaviour during the period of his detention in the Second Stage, be promoted to the Third Stage and shall be entitled, subject to the provisions of these rules, to the privileges specified in the second column of the Third Schedule hereto as applicable to the Third Stage.

(4)The Superintendent may, if he is not satisfied that such person has been of good behaviour, or may, in addition to or in lieu of any punishment which he is entitled to inflict for any minor or aggravated offence under these rules, in his discretion refuse to promote or may delay the promotion of any such detained person from one Stage to a higher Stage or may relegate any such detained person from a higher Stage to the lower or lowest Stage and where any such person has been so relegated the provisions of paragraphs (2) and (3) shall apply to such person as if the date of his relegation had been the date of his transfer or admission to such person as if the date of his relegation had been the date of his transfer or admission to the special detention camp or promotion, as the case may be, to the Stage to which he has been relegated.

91.School classes and library.

Every person detained in a special detention camp shall be entitled to attend school classes organised for such camp by the Superintendent and to make use of the library, established in such camp by the Superintendent, in accordance with such rules of such library as may be made by the Superintendent.

92.Penalty for certain offences in special detention camp.

Any detained person who-

(a)has been punished under rule 72 for the commission of an aggravated offence under rule 74; and

(b)commits a subsequent aggravated offence under rule 74,

93.Production of detained persons before a Court.

(1)Whenever the presence of a detained person is required by any Court of civil or criminal jurisdiction such Court may issue an order addressed to the Superintendent requiring production before the Court of such person at the time and place to be named in such order, and the said Superintendent shall cause the person named in such order to be brought up as directed, and every such Court may by endorsement on such order require the person named therein t be again brought up at any time to which the matter wherein such person is required may be adjourned.

(2)Every such order issued from the Supreme Court may be signed by Registrar of the Court, and if issued by any other Court shall be signed by the Sessions Court Judge or the Magistrate (as the case may be).

94.Regulations not to apply to detained persons in lockup.

Where the place of detention of a detained person is a lockup appointed under section 8 of the Prisons Ordinance, 1952, these rules shall not apply to such detained person or to such lockup but the Lockup Rules, 1953, shall apply to such detained person in such lockup.

95.Rehabilitation Centres.

(1)The Minister may by order in writing declare any place to be a place for the rehabilitation of detained persons or of persons against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act, and who have been admitted on their signed application to reside in such place.

(2)The Minister may by such order-

(a)define the boundaries of any such place, and

(b)prohibit the entry into any such place of any person unauthorised in that behalf by him or the Superintendent of such place, and

(c)relax, modify, suspend, replace or add to or authorise the Superintendent of such place, by Standing Orders to relax, modify, replace or add to in respect of such place the provisions of these rules or any of them for the purpose of extending the privileges of all or certain classes of persons detained therein or for conferring additional privileges upon them, subject in either case to such conditions qualifications or restrictions as may be specified in the order, and

(d)authorise the Superintendent to issue from time to time Standing Orders for the maintenance of discipline and good order in such place.

(3)Any person without lawful excuse entering any such place in contravention of the provisions of any order made under paragraph (2) of this rule shall on conviction be liable to six months' imprisonment.

(4)The provisions of these rules and of any Order made under paragraphs (1) and (2) of this rule and of any Standing Orders made thereunder shall, save as otherwise expressly therein provided, apply to any person, against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act and who has been admitted on his signed application to reside in such place, in the same manner in all respects as they apply to a detained person residing therein.

FIRST SCHEDULE
DECLARATION

^* If this statement is declared in the affirmative, the declarant must give full particulars on a separate sheet of paper of paper to be attached to this declaration.

^** Strike out in case of Sikhs.

SECOND SCHEDULE

Dated this 2nd day of March, 1976.

M. GHAZALI BIN SHAFIE,

Minister of Home Affairs

THIRD SCHEDULE

LETTERS

To receive one letter from, and to send one letter to, friends or relatives once in three weeks.

In addition, letters may be sent to legal advisers with the leave of the Superintendent granted by him on application, and in other special cases, with the leave of the Superintendent at his discretion.

PARCELS

To receive one parcel from friends or relatives once in three weeks.

VISITS

Consistently with the proper discipline of the camp and subject to paragraphs (3), (4) and (5) of rule 81, to receive one visit once in three weeks, in addition to any special visits in cases of urgent private affairs if permitted by the Superintendent.

CANTEEN

Once in every two weeks to purchase at the canteen out of his pay and out of such other moneys as he may possess such articles and luxuries as may be sold therein.

PAY

To receive pay at the rate of seventy-five sen per diem for a full day's work.

PERIODS ALLOWED OUT OF CELL

Not less than 3 hours as may be permitted by the Superintendent in every 24 hours.

LETTERS

To receive one letter from, and send one letter to, friends or relatives once in two weeks.

In addition letters may be sent to legal advisers with the leave of the Superintendent granted by him on application and in other special cases with the leave of the Superintendent at his discretion.

PARCELS

To receive one parcel once in two weeks.

VISITS

Consistently with the proper discipline of the camp and subject to paragraphs (3), (4) and (5) of rule 81 to receive one visit once in two weeks, in addition to any special visits in cases of urgent private affairs if permitted by the Superintendent.

CANTEEN

Once in every ten days to purchase at the canteen out of his pay and out of such other moneys as he may possess such articles and luxuries as may be sold therein.

PAY

To receive pay at the rate of one ringgit per diem for a full day's work.

PERIODS ALLOWED OUT OF CELL

Not less than 5 hours as may be permitted by the Superintendent in every 24 hours.

MEALS

To have meals in association with other detained persons in the Second Stage on Saturdays and Sundays in every week subject to any order or condition made or imposed by the Superintendent.

RECREATION

To have outdoor recreation after working hours until 5 p.m. every day, subject to any order or condition made or imposed by the Superintendent.

LETTERS

To receive one letter from, and send one letter to, friends or relatives once in every wee,. In addition letters may be sent to legal advisers with the leave of the Superintendent on application and in other special cases with the leave of the Superintendent at his discretion.

PARCELS

To receive one parcel once in every week.

VISITS

Consistently with the proper discipline of the camp and subject to paragraphs (3), (4) and (5) of rule 81 to receive one visit once in every week, in addition to any special visits in cases of urgent private affairs if permitted by the Superintendent.

CANTEEN

Once in every week to purchase at the canteen out of his pay and out of such other moneys as he may possess such articles and luxuries as may be sold therein.

PAY

To receive pay at the rate of one ringgit and twenty sen per diem for a full day's word.

PERIODS ALLOWED OUT OF CELL

Not less than 8 hours as may be permitted by the Superintendent in every 24 hours.

MEALS

To have all meals in association with other detained persons in the Third Stage, subject to any order or condition made or imposed by the Superintendent.

RECREATION

To have outdoor recreation after working hours until 6.30 p.m. every day, subject to any order or condition made or imposed by the Superintendent.

Made this 29th day of July, 1960.

TUN ABDUL RAZAK,

Minister of Defence

INTERNAL SECURITY (GENERAL) REGULATIONS, 1960

In exercise of the powers conferred by section 71 of the Internal Security Act, 1960 the Yang di-Pertuan Agong hereby makes the following regulations:

1.Citation, Commencement and application.

(1)These regulations may be cited as the Internal Security (General) Regulations, 1960, and shall come into force on the first day of August, 1960.

(2)These regulations shall apply within any security area proclaimed under section 47 of the Internal Security Act, 1960.

2.Interpretation.

In these regulations, unless the context otherwise requires-

"perimeter fence" means any fence or barrier declared to be a perimeter fence under regulation 3.

3.Perimeter fences.

(1)The Minister may be notification in the Gazette declare any fence or barrier surrounding any area in a security area that may be defined or specified in such notification to be a perimeter fence for the purpose of this regulation.

(2)Where any such area is surrounded by two or more fences or barriers separated from each other by intervals all such fences and barriers together with the land lying between them shall be deemed to be one fence for the purpose of this regulation.

(3)When any fence or barrier has been declared a perimeter fence under this regulation and such declaration has not cancelled, such perimeter fence shall for the purposes of this regulation be deemed to continue to exist notwithstanding any physical gap or defect therein, whether arising from injury to or lack of repair of such fence or otherwise.

(4)The Chief Police Officer shall cause to be provided any perimeter fence one or more gates or entrances, hereinafter referred to as "entry points", to enable persons to pass in and out of the area concerned, but such entry points shall deemed for the purposes of this regulation to form part of the perimeter fence.

(5)Any person who crosses or cross, or passes or attempts to pass any article over, through or under any perimeter fence, except as provided in paragraph (7), or who damages or attempts to damage or tamper with any such fence or any part thereof or any gate or movable barrier at any entry point shall be guilty of an officer against these regulations.

(6)The Chief Police Officer may cause to taken such steps as the may deem necessary to prevent any person crossing any such perimeter fence or passing any article over, through or under such fence, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any such person.

Provided that where any such measures are taken in a place not on, under or within the perimeter fence itself, such precautions shall be taken including the prominent display of warning notices as may be reasonably necessary to prevent inadvertent or accidental entry into any such place.

(7)Without prejudice to the provisions of any other written law or any order made thereunder any person may enter or leave or may convey any article into or from any area surrounded by a perimeter fence through any entry point therein at a time when such entry point is opened by order of the Officer in Charge of the Police District in which such area is situated.

(8)In addition to any other powers conferred upon him by this regulation or under any written law, any police officer or any member of the security forces or nay other person directed by the Chief Police Officer of the State in which such perimeter fence is situated to guard such perimeter fence may arrest without warrant any person committing an offence against this regulation.

(9)No compensation or damages shall be payable in respect of any injury received or death caused as a result of any defensive measure authorised under paragraph (6) unless the Minister shall certify that such compensation or damages in the circumstances of the particular case is just and equitable.

(10)Noting in paragraph (5) shall apply to police officer or member of the security forces acting in the course of duty or to any other person authorised on that behalf by the Officer din Charge of the Police District in which the area is situated or by any other police officer empowered by the Officer in Charge of the Police District.

4.Power to control clearing of undergrowth.

(1)The Minister, whenever he considers it necessary or expedient in the interests of public safety, may make a clearance order in respect of-

(i)any land abutting on or lying within a distance of fifty yards from any railway or public road or perimeter fence in any security area; or

(ii)any land in such area which is used for on in connection with the cultivation of rubber, oil palm gutta-percha, coconut, bananas or any other fruit growing on trees, or any other agricultural or food crops;

directing the owner or occupier of such land or the agent of either of the, or both the owner and occupier of such land and their agents, or any person or persons residing residing within the area enclosed by a perimeter fence-

(a)to the extent and in the manner specified in such clearance order to cut an clear away from any land affected by such order, all herbage, bush and undergrowth and any other object mentioned in the order, other than permanent buildings; and

(b)to prevent any herbage, bush or undergrowth from growing higher than one foot on any land affected by such clearance order and to maintain the land in clean condition to the satisfaction of such person or authority as may be named in the order.

(2)For the purpose of this regulation the land affected by a clearance order made-

(a)in respect of any land abutting or within a distance of fifty yards from a railway or public road shall be deemed to be such land as aforesaid and such portion of any public road reserve abutting on such and which lies directly between such land and such road up to distance of fifty yards from the centre of such railway or public road;

(b)in respect of any land abutting or lying within distance of fifty yards from a perimeter fence, and of any land used for or in connection with the cultivation of rubber, oil palm gutta-percha, coconut, bananas or any other fruit growing on trees or any other agricultural produce or food crops shall be deemed to such portion or portions thereof as may defined in the clearance order.

(3)A clearance order made in respect of land abutting on or lying within a distance of fifty yards from a railway or public road or a perimeter fence may be made either generally in respect of all such lands within an area to be described in the order or specially in respect of particular land or lands.

(4)If any owner or occupier of any land affected by a clearance order or the agent of either of them-

(a)refuses or neglects to comply with the direction mentioned in sub-paragraph (a) of paragraph (1), within fourteen days from the date on which the order is published in the Gazette or within seven days from the date on which the order is served on him; or

(b)neglects to comply with the direction mentioned in subparagraph (b) of paragraph (1); or

(c)cannot be found,

it shall be lawful for any person authorised by the Minister to enter upon such land and to cut and clear away such herbage, bush, undergrowth or other object, and the expenses incurred in the execution of such work may be recovered as a civil debt due to the Government, from the owner or occupier affected by such order.

(5)Without prejudice to the provisions of paragraph (4), the owner or occupier of any such land who refuses or neglects to comply with the provisions of a clearance order shall be guilty of any offence and shall be liable to a fine not exceeding one thousand ringgit and to a further fine of one hundred ringgit in respect of each day during which the offence has continued.

(6)Any court by which a person being the owner or occupier of any land has been convicted of an offence under paragraph (5) shall, whether or not it orders such person to pay any fine, order such person to pay any expenses or costs for which he is liable under the said section; and such order shall be enforced as if it were, and it shall be deemed to be, an order for compensation made under the Criminal Procedure Code, and a certificate by the Minister of Finance of the amount of such expenses or costs shall be admissible in evidence and shall be conclusive proof of such amount.

(7)In this regulation "owner or occupier" includes, in the case of any area enclosed by a perimeter fence, any person residing within such area.

5.Gratuities.

(1)Notwithstanding the provisions of any other written law, in any case in which the Government has made any payment to any person or to the dependants of any person in respect of any injury to that person or of his death resulting from any act of terrorism and the said person or his dependants are eligible for any compensation in accordance with the provisions of any written law in consequence of the same act of terrorism then the amount of any such payment made by the Government shall be repaid to the Government by the person liable to pay such compensation, and shall be set off against and deducted from the amount of the said compensation:

provided that no person shall no liable to repay to the Government an amount greater than the amount of any such compensation.

(2)For the purposes of this regulation a certificate signed by the Minister of finance or by any person or class of person authorised by him in writing in that behalf that a payment has been made by Government to any person or the dependants of any person, specifying the amount thereof, shall be conclusive evidence of the fact of such payment and of the amount thereof.

Made this 29^th day of July, 1960

By Command,

TUN ABDUL RAZAK,

Minister of Defence

INTERNAL SECURITZ (INJURY ALLOWANCES) REGULATIONS, 1960

IN exerciser of the powers conferred by section 71 of the Internal Security Act, 1960, the Yang di-Pertuan Agong hereby makes the following regulations:

1.Citation and commencement.

These Regulations may be cited as the Internal Security (Injury Allowances) Regulations, 1960, and shall come into force upon the coming into force of the Internal Security Act, 1960.

2.Interpretation.

In these Regulations, unless the context otherwise requires–

"officer" includes a Judge of the High Court and a police officer of any rank;

"pensionable emoluments" means either the substantive salary attached to a pensionable office or, in the case of an officer serving in a pensionable class, the substantive salary payable to such officer as an officer of such class, together, in either case, with any personal pensionable allowance and other pensionable allowance but exclusive, in either case, of acting pay or other allowance; and, in the case of a Police Lieutenant, includes the marriage allowance;

"pensionable office" means an office or class of office which has been declared to be pensionable under any written law in force in the Federation regulating the grant of pensions, gratuities or other allowances in respect of past services of officers;

"Regular Police Force" means the Royal Federation of Malaya Police Force;

"publice service" means service in a civil capacity under the Government of the Federation or under the Government of a State in the Federation;

"salary" includes any personal pensionable allowance, expatriation allowance and any other pensionable allowance.

3.Application.

These Regulations shall apply to any officer in the public service who ins injured–

(a)in the actual discharge of his duty; and

(b)without his own default; and

(c)by some injury specifically attributable to the nature of his duty and caused in a Security Area, as a direct result of ad attributable to the declaration of such an area as a Security Area by proclamation under section 47 of the Internal Security Act.

4.Allowance to officers retiring by reason of injury sustained.

Subject as hereinafter provided, any officer to whom these Regulations apply and who retires by reason of his injury may be granted–

(a)if he is serving in an office which is not a pensionable office or f he is serving in a pensionable office but is not eligible for a pension in respect of his service, an annual allowance according to the degree of impairment in his capacity to contribute to his support, not exceeding the proportion specified in the Tale contained in the First Schedule to these Regulations, of his annual salary at the date of his injury; and

(b)if he is serving in a pensionable office and is eligible for a pension in respect of his service, an annual allowance according to the degree of impairment of his capacity to contribute to his support, not exceeding the proportion, specified in the Table included in the First Schedule to these Regulations, of his annual pensionable emoluments at the date of his injury.

5.Awards in special cases.

(1)In any case in which an officer, to whom these Regulations apply, retires wholly or partly on account of age or infirmity or under the provisions of the Tenth Schedule to the Federation of Malaya Agreement 1948, but his capacity to contribute to his support is, in the opinion of the Yang di-Pertuan Agong, impaired by reason of his injury, the Yang di-Pertuan Agong may make such award as he may think reasonable.

(2)If, for the purpose of assessing the amount of any allowance to any officer to whom these Regulations apply, the degree of permanent impairment of his capacity to contribute to his support is in doubt, the appropriate Service Commission may make a provisional award, to have effect until such time as the degree of permanent impairment can be finally determined.

(3)Where any officer, to whom these Regulations apply, is unable to follow is employment by reason of his injury, but there is doubt whether or not he will retire by reason thereof, the appropriate Service Commission in any case in which that person either is not eligible for sick pay or is eligible for sick pay at a rate which is less than the rate of annual allowance which might be awarded to him under these Regulations if he retires by reason of his injury, may grant to him such provisional allowance as he may think reasonable.

(4)An annual allowance granted to any officer, to whom these Regulations apply, shall not, together with any pension for which he is otherwise qualified, exceed five-sixths of his pensionable emoluments at the date of the injury in respect of which such annual allowance is granted.

6.Award where officer entitled to workmen's compensation.

(1)Where it appears that an officer to whom Regulation 4 or Regulation 5 applies would, but for the provisions of this Regulation, in respect of the same injury both be entitled to compensation under any written law relating to workmen's compensation for the time being in force in the Federation or any part thereof and eligible to receive and allowance or other award under the said Regulations, he shall be required to elect whether he will receive compensation under the said written law or an allowance or other award under the said Regulations. If such person elects to receive compensation under the said written law, he shall receive no allowance or other award under the said Regulations.

(2)Regulation 4 and Regulation 5 shall not apply in the case of an officer employed or selected for employment by the Government on or after the 1^st day of April, 1953, who, in consequence of injury, is entitled to compensation under the Workmen's Compensation Ordinance, 1952.

7.Awards to dependants of deceased injured officers.

(1)If any officer, to whom these Regulations apply, dies within seven years of the date of his injury and as a direct result thereof, there may be paid–

(a)to his widow (if she was married to him at the date of his injury), so long as the remains unmarried and of good character;

(b)to his mother, if wholly dependent upon him for her support at the date of his death; and

(c)in respect of each of his children, under the age of eighteen years, if a male, or under the age of eighteen years and unmarried, if a female, who, in the case of legitimate children, were born not later than nine months after the date of his injury, and, in the case of stepchildren, illegitimate children or adopted children, were wholly or mainly dependent upon the deceased for support and were born or adopted before the date of his injury;

an annual allowance, payable as from the date of the death of the deceased officer or, in the case of a posthumous child, from the date of its birth, not exceeding, as the case may be, the proportion, specified in the second column of the Table contained in the Second Schedule to these Regulations, of the annual salary or annual pensionable emoluments, as the case may be, of the deceased at the date of his injury, but not less than such amount as may, from time to time, be specified by the appropriate Service Commission:

Provided that–

(a)where the deceased leaves a widow to whom an award has been granted and who dies during the continuance of an allowance in respect of any child, the rate of allowance in respect of such child shall, as from the date of the death of the widow, be double the rate which would otherwise by payable under this paragraph in respect of such child;

(b)the allowance in respect of any child shall cease to be payable when he or she attains the age of eighteen years or, being a female, marries under that age; and

(c)the aggregate of the allowances payable in respect of children shall not exceed one-fourth of the annual salary or pensionable emoluments of the deceased at the date of the injury.

(2)Nothing in this Regulation shall permit the grant of any allowance in respect of a stepchild, illegitimate child or adopted child at a higher rate than one-twenty-fourth of the annual salary or pensionable emoluments of the deceased injured person at the date of his injury unless the appropriate Service Commission in any particular case otherwise directs.

(3)In this Regulation, "adopted" in relation to a child, means adopted in a manner recognised by law.

(4)This Regulation shall not apply in the case of the death of an officer if his dependants, as defined in any written law relating to workmen's compensations for the time being in force in the Federation or any part thereof, are entitled to compensation under the said written law.

8.Awards to injured women and dependants of women who die as the result of an injury.

References in these Regulations to a widow or her husband shall, in their application to a women being an officer to whom these Regulations apply, be read as references to a widower or his wife, provided that nothing herein shall permit the grant of an annual allowance to a widower, or to children, in the case where the deceased leaves a widower, unless such widower was permanently incapacitated and was dependent upon the deceased at the date of her death.

9.

During the continuance in force of this Regulations, the provisions of law specified in the Third Schedule to these Regulations shall, in so far as they effect officers to whom these Regulations apply, cease to have effect.

THE FIRST SCHEDULE

THE SECOND SCHEDULE

THE THIRD SCHEDULE

Regulations 19 and 20 of the Pensions Regulations, 1957.

Rules 3 and 3A of the Police Force Pensions Rules, 1927.

Made this 29^th day of July, 1960.

By Command,

TUN ABDUL RAZAK,

Minister of Defence

INTERNAL SECURITY (REGISTRATION OF LABOUR) REGULATIONS, 1960

IN exercise of the powers conferred by section 71 of the Internal Security Act, 1960, the Yang di-Pertuan Agong hereby makes the following regulations:

1.Citation, commencement and application.

(1)These regulations may be cited as the Internal Security (Registration of Labour) Regulations, 1960, and shall come into force on the first day of August, 1960.

(2)These Regulations shall apply within any security area proclaimed under the Internal Security Act, 1960.

2.Interpretation.

In these regulations, unless the context otherwise requires–

"contractor" means a person who has contracted for the supply of workmen to work at a scheduled industry or for he doing of work at a scheduled industry involving the engagement of workmen and included a sub-contractor in respect of any such contract;

"identity card" means an identity card issued under the National Registration Act, 1959 or under the corresponding provisions of any law for the time being in force in the State of Singapore;

"owner" includes the agent or manager in control of or in charge of a scheduled industry;

"register" means a register of workmen required to be kept under regulation 3;

"scheduled industry" means any of the industries specified in the Schedule to these regulations;

"workman" means any person engaged to work at a scheduled industry.

3.Duties of owners and workmen employed at scheduled industries.

(1)The owner of a scheduled industry–

(a)shall not engage any workman to work in such industry unless such workman is in possession of the identity card issued to him; and

(b)shall keep or cause to be kept, at the place of employment, a register of workmen containing the following particulars in respect of each workman engaged to work at such industry:

(i)name (in Roman script and in the case of a Chinese name in both Roman script and Chinese name in both Roman script and Chinese characters) and address;

(ii)recent photograph;

(iii)number and colour of the identity card;

(iv)the name of, and the number and colour of the identity card issued to, every person over the age of twelve years either living with the workman in quarters provided by the scheduled industry or living with the workman elsewhere;

(v)date of engagement at the scheduled industry; and

(vi)date of discharge from the scheduled industry.

(2)The provisions of paragraph (1) of this regulation shall apply to a workman engaged by a contractor as if such workman had been engaged by the owner.

(3)The owner of a scheduled industry shall enter or cause to be entered in the register the name and address of, and the number and colour of the identity card issued to, every contractor with whom he has contracted, and every sub-contractor of such contract.

(4)Every workman shall furnish the owner with the particulars required under this regulation and shall, on the demand of the owner, produce to such owner his recent photograph and identity card.

(5)The owner may require any person living with a workman whose name has been furnished to him under item (iv) of sub-paragraph (b) of paragraph (1) of this regulation to attend before him and to produce his identity card and every such person shall attend and produce his card accordingly.

4.Duties of contractor.

(1)A contractor shall–

(a)not engage any workman to work at a scheduled industry unless such workman is in possession of, and produces to him the identity card issued to the workman and a recent photograph of such workman suitable for registration under the provisions of regulation 3; and

(b)cause every such workman without delay to attend before the owner for the purpose of being registered in the manner provided by sub-paragraph (b) of paragraph (1) of regulation 3; and

(c)without delay keep the owner informed of any absence from work for more than one week of any such workman and of the date of his engagement of discharge; and

(d)without delay inform the owner of the name and address of and the number and colour of the identity card issued to any sub-contractor with whom he has sub-contracted in respect of his contract and of the dates of the making and termination of such sub-contract and shall cause such sub-contractor to attend before the owner for the purpose of registration under paragraph (3) of regulation 3.

(2)A contractor shall furnish to the owner, and a sub-contractor shall furnish to his principal and to the owner, his name and address and shall produce on demand to such owner or to such owner and principal, as the case may be, his identity card.

4A.Duties of owner and contractor.

(1)Every owner of a scheduled industry and every contractor shall, on the commencement of a scheduled industry, furnish the Department of Labour the following particulars–

(a)the name and address of the owner or contractor, as the case may be;

(b)the actual location where work is to be carried out;

(c)the type of work to be carried out;

(d)the date of commencement; and

(e)the expected date of completion.

(2)Every owner of a scheduled industry shall furnish particulars of the register required to be kept under regulation 3 to the Department of Labour at such ties or intervals and in such form as may be prescribed by the Department of Lavour from time to time.

5.Form of register.

The register required to be kept under regulation 3 shall be in the form of a bound book or on cards kept together in one piece and serially numbered and indexed. Every such register shall when not in use be kept in a safe place under lock and key.

5A.Register to be forwarded to Department of Labour when no longer in use.

Every register which is no longer in use shall be forwarded to the Department of Labour for safekeeping.

6.Power of entry and inspection.

(1)Any officer of the Department of Labour authorised in writing in that behalf by the Director General for Labour, any officer of the Department of Forestry authorised in writing in that behalf by the Director General of Forestry, any public officer authorised in writing in that behalf by the Mentri Besar of Chief Minister of the State in which such officer is serving, or any police officer shall have power to enter the premises of any scheduled industry and required the production of, and inspect, the register.

(2)Any person who refuses to permit any such officer to enter such premises or refuses to produce the register for inspection or hinders or obstructs such officer in the execution of his duty under paragraph (1) of this regulation, shall be guilty of an offence against these regulations.

7.Offences.

Any person who–

(a)knowingly or recklessly furnishes any information required to be furnished under these regulations or makes an entry in the register which is false in any material particular; or

(b)unlawfully makes an entry, alteration or erasure in the register; or

(c)fails to comply with any of the provisions of these regulations, shall be guilty of an offence against these regulations.

8.Penalties.

Any person guilty of an offence against these regulations shall, on conviction therefor, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

9.Exemption.

In Minister charged with responsibility for labour may by order exempt any workmen or class of workmen from all or any of the provisions of these regulations.

10.Power of Minister to amend Schedule.

The Minister charged with responsibility for labour may, by notice published in the Gazette, from time to time add further industries to the Schedule to these regulations, and alter or amend such Schedule.

SCHEDULE

1.Construction worksites.

2.Estates for the cultivation of rubber, oil palm, gutta-percha, tea, coconut, sugar-cane, pepper and cocoa.

3.Land development schemes.

4.Mines.

5.Sawmills. ("Sawmill" means any building, structure or shed containing machinery for the mechanical conversion of timber and includes timber yards).

6.Forest concessions.

7.Foundries.

8.Quarries.

9.Factories for the treatment or preparation of sago or tapioca, factories for the treatment of rubber, factories for the manufacture of rubber goods, and factories for the manufacture of plywood.

10.Mills for the grinding or polishing of rice or other commodities or for the expression of oil.

11.Electrical workshops.

12.Premises used for the repair or servicing of vehicles excluding petrol kiosks.

Made this 29^th day July, 1960.

By Command,

TUN ABDUL RAZAK,

Minister of Defence

INTERNAL SECURITY (RESTRICTIONS ON PROCESSIONS AND MEETINGS IN A SECURITY AREA) REGULATIONS, 1966

IN exercise of the powers conferred upon him by sub-section (2) (c) and (p) of section 71 of the Internal Security Act, 1960, the Yany di-Pertuan Agong hereby makes the following regulations:

1.Citation and application.

These regulations may be cited as the Internal Security (Restrictions on Processions and Meetings in a Security Area) Regulations, 1966, and shall apply to the whole of the Federation.

2.Interpretation.

In these Regulations-

"competent authority" means a person vested with the power to issue a licence or permit under any written law with respect to the holding of any procession meeting;

"meeting" means any assembly of three or more persons;

"Minister" means the Minister responsible for internal security;

"police officer" means any member of any police force in the Federation.

3.Power of competent authority of prohibit procession or meeting.

Notwithstanding any ting contained in any written law where a competent authority has reasonable grounds to suspect that a procession or meeting to be held in any security area is likely to be prejudicial to public cession or meeting or direct that such procession or meeting shall not be held; and such procession or meeting shall be a prohibited procession or meeting under these Regulations.

4.Appeal.

(1)Any person whose application to hold, convene, stage or collect any procession or meeting is refused or who is affected by a direction of the competent authority under regulation 3 of these Regulations may at any time within a period of seven days beginning from the date on which he is notified of the decision appeal against the decision to the Minister; and on such appeal the Minister.

(a)may if he is satisfied of the existence of the grounds referred to in regulation 3 confirm the decision of the competent authority;

(b)shall in any other case direct the issue of such licence or permit or revoke the direction of the competent authority.

(2)The decision of the Minister on any appeal under the foregoing paragraph shall be final and shall not be called into question in any Court.

5.Power of police officer to stop or disperse procession of meeting.

Notwithstanding anything contained in any written law any police of-ficer may stop any procession in a security area or order any person in any procession or meeting in a security area to disperse if he has reasonable grounds to believe that such procession or meeting being held is likely to be prejudicial to public security; and the persons so ordered shall forthwith disperse accordingly.

6.Poser of police officer to enter place and premises and to arrest without warrant.

(1)Any police officer may without enter any place or building in a security area and may use such force as may be necessary to disperse any procession or meeting which is a prohibited procession or meeting or to disperse any procession or meeting which he has reasonable grounds to believe likely to be prejudicial to public security.

(2)Any police officer may without warrant arrest any person reasonably suspected of committing any offence under these Regulations.

7.Penalty for holding a prohibited procession or meeting with refusal, etc., to comply with orders.

Any person who holds any prohibited procession or meeting or is a member of any prohibited procession or meeting or who refuse or without reasonable cause fails to comply with any order or direction by a police plying with such order or direction or obstructs any police officer in the execution of his powers or duties under these Regulations is guilty of an exceeding three years or to fine not exceeding $3,000 or to both such imprisonment and fine.

8.Modifications of power of police officer in other written laws.

The provisions of any written law in force in the Federation relating to the issue of licence or permit with respect to any meeting, assembly or procession in any place in a security area whether or not such place is a public place shall upon the coming into force of these Regulations and for so long as these Regulations are in forced be read with such modifications as may be necessary to put into effect the foregoing provisions of these Regulations.

Made this 31^st day of May, 1966

By Command,

TUN DR ISMAIL BIN DATO'HAJI ABDUL RAHMAN,

Minister of Home Affairs

INTERNAL SECURITY (RESTRICTED ARTICLES) REGULATIONS, 1973

IN exercise of the powers conferred by section 71 of the Internal Security Act, 1960, the Yang di-Pertuan Agong hereby makes the following regulations:

1.Citation commencement and application.

(1)These regulations may be cited as the Internal Security (Restricted Articles) Regulations, 1973, and shall come into force on the 22^nd day of March, 1973.

(2)These regulations shall apply within any security area proclaimed under section 47 of the Internal Security Act, 1960.

2.Interpretation.

In these regulations and in any order made thereunder, unless context otherwise requires–

"District Officer" means the District Officer of the district where a restricted are is situated and includes any person to whom he has delegated any of his powers duties or functions, to the extent of such delegation;

"gazetted village" means any area within a Rural Board area which has been prescribed to be a village for the purposes of the application thereto of specified provisions of the Municipal Ordinance;

"prohibited are" means any area declared to be a prohibited area under regulation 9;

"restricted area" means any area declared to be a restricted area under regulation 3;

"restricted article" means any of the articles specified in the First Schedule and the Minister shall have the power to amend and vary the list accordingly from time to time by notification in the Gazette;

"to sell" includes to offer for sale and to supply, and "sale" shall have a corresponding meaning;

"shop" means any building, store, structure or other premises or part thereof where any wholesale or retail trade or business in any restricted article is carried on or where any restricted article is kept or stored for purposes of distribution to wholesalers or retailers.

(2)Unless the context otherwise requires, the expressions used in these regulations shall have the same meaning as those ascribed to such expressions when used in the Internal Security Act, 1960, by section 2 thereof.

3.Restricted areas.

The Minister may, of he considers it necessary in the public interest, by order declare any area within a security area to be a restricted area, and shall cause the boundaries of any such area to be demarcated or designated in such manner as he thinks it.

4.Licensing of shops in restricted areas.

No owner or person in charge of any shop in a restricted area shall carry on any business or trade in any restricted article unless such owner or person is in possession of a licence issued for the purposes of this regulation by, and at the absolute discretion of, the District Officer, and except in accordance with any conditions contained in such licence; and any person who fails to comply with such order or with any conditions contained in the licence shall be guilty of an offence against these regulations.

5.Power to close shops in restricted areas.

(1)If he considers it expedient so to do, a District Officer may by order direct that any shop in a restricted area shall be closed, or that no trade or business in any restricted article shall be carried on in any shop in a restricted area, or that such trade or business shall be carried on only subject to such restrictions or conditions as he may specify.

(2)Any person who fails to comply with any order under paragraph (1) or with any conditions contained in any such order shall be guilty of an offence against these regulations.

6.Bringing into or taking away from restricted area any restricted article.

Save as provided in regulation 7, any person who brings into or takes away from any restricted area any restricted article shall be guilty of an offence against these regulations.

7.Exemptions.

The provisions of regulation 6 shall not apply to–

(a)any restricted article brought into or removed from a restricted area with the permission of the District Officer; and such permission may be granted either to particular persons or to a class of persons or to the inhabitants of a particular area or to persons employed in a particular area, and may contain such conditions and restrictions as the District Officer may deem fit to impose;

(b)clothing made from any restricted article when worn on the person and intended for the personal use of the wearer or conveyed as bona fide personal baggage;

(c)any restricted article loaded on a vehicle used exclusively for the purposes of trade and consigned by or on behalf of a wholesaler or retailer to a wholesaler or retailer:

Provided that there be carried on such vehicle a written record kept in the form set out in the Second Schedule hereto of all such restricted articles;

(d)drugs, medicines, medical supplies and essential articles of diet in reasonable quantities when carried for personal use or with the written permission of a registered medical practitioner;

(e)reasonable quantities of food suitable for a child under the age of two years when conveyed with the child; and

(f)any restricted article while in transit by train.

8.Open goods vehicles to be covered by tarpaulin.

When any restricted articles are being transported within a restricted area by road on any open goods vehicle, such articles shall be covered by a tarpaulin which shall be securely fastened down.

9.controlled areas and prohibited areas.

The Minister may, if he considers it necessary in the public interest so to do, by order declare any area in a security area which has been declared to be a controlled area in accordance with the provisions of section 49 of the Internal Security Act, 1960 or Regulation 15A (1) of the Preservation of Public Security Regulations, 1963 (other than the residential part of any such controlled area), not being a restricted area, to be a prohibited area, and shall designate the boundaries of any such area.

10.Possession of restricted articles in prohibited areas.

Any person who is found in possession of any restricted article within the boundaries of a prohibited area shall be guilty of an offence against these regulations unless the possession is with the permission of the District Officer; and such permission may be granted either to particular persons or to a class of persons or to the inhabitants of a particular area or to persons employed in a particular area, and may contain such conditions and restrictions as the District Officer may deem fit to impose.

11.Power of search of person.

A District Officer or a police officer or any person authorised in writing by the District Officer may search any person leaving or entering a restricted area or found in a prohibited area:

Provided that no woman shall be searched except by a woman.

12.Prohibition of movement.

The Minister may by order prohibit absolutely or except on such conditions and by any means of transport, public or otherwise, and during such hours as he shall specify, the movement within a security area or part thereof of any restricted article on any public or private road or river, stream, channel or other waterway.

13.Special rations of restricted articles.

(1)The Minister or any officer appointed by him in writing in that behalf may by order declare within a security area–

(a)a ration of any restricted article in such area or any part thereof and for such period as shall be specified;

(b)the maximum quantity of any restricted article which may at any time be in the possession of any person other than a trader in such restricted article; and

(c)the maximum quantities which wholesale or retail shops dealing in such restricted article may hold.

(2)Any person who contravenes the provisions of any order made under paragraph (1) shall be guilty of an offence against these regulations.

(3)When any ration has been declared under paragraph (1) it shall be an offence against these regulations for any person to sell or to deliver any restricted article in excess of the declared ration.

14.Prohibition of cultivation.

(1)The Minister or any officer appointed by him in writing in that behalf may by order prohibit the cultivation or production of all or any particular restricted article, either absolutely or upon such terms as may be specified, in any prohibited area or part thereof or in any area which has been declared to be a controlled area in accordance with the provisions of section 49 of the Internal Security Act, 1960 or in any part thereof or regulation 15A(1) of the Preservation of Public Security Regulations, 1963 or in any part thereof.

(2)Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence against these regulations.

(3)If an owner or occupier of any land affected by an order made under paragraph(1)–

(a)refuses or neglects to comply with any direction of such order within fourteen days from the date on which the order s published in the Gazette, or within seven days from the date on which the order is served on him; or

(b)cannot be found,

it shall be lawful for any person authorised by the Minister or any officer appointed by him in writing in that behalf to enter upon such land and destroy any restricted article prohibited by the order or any crop which will produce any such restricted article, and the expenses incurred in the execution of such work may be recovered as a civil debt to the Government from the owner or occupier affected by such order.

15.Central storage of food and central messing.

(1)The Minister may, in any area which has been declared a restricted area in accordance with regulation 3, and for such period as shall be specified, by order declare that in such area all rice shall be purchased, sold, delivered, stored, prepared and issued for consumption in accordance with instructions to be issued by the Minister or any officer appointed by him in writing in that behalf.

(2)Without prejudice to the generality or scope of the powers conferred b paragraph (1), such instructions may be made in respect of the following matters–

(a)the establishment of central kitchens and central rice stores;

(b)the delivery of existing stocks of rice to central rice stores and payment of compensation for rice so delivered;

(c)the fixing of prices for rice issued from central kitchens and central rice stores; and

(d)the mode of payment for rice so issued, including where appropriate, and notwithstanding the provisions of the Employment Ordinance, 1955, or Labour Ordinance of Sarawak or of any other written law relating to employment, payment by means of deduction from pay or salary.

(3)Whenever the Minister considers that the existing facilities in any such area are inadequate for the establishment of a central kitchen or a central rice store the Federal Government shall bear the cost of the establishment thereof and the Federal Government may, at any time, contribute to the maintenance of any central kitchen or rice store in any such area upon such terms as shall to the Minister appear fit.

(4)When any such order as is referred to in paragraph (1) shall have been made, it shall be an offence against thee regulations for any person to have in his possession in the area to which such order applies any rice which has been obtained otherwise than in accordance with paragraph (1).

(5)Any person who contravenes the provision of paragraph (1) shall be guilty of an offence against these regulations.

16.Power to stop, search and seize in restricted areas.

(1)A District Officer or a police officer or any person authorised in writing by the District Officer may within a restricted area–

(a)stop any vehicle and require the driver or other person in charge thereof to declare whether any restricted article is being carried therein, and to give such information as such officer may consider necessary, and if not satisfied with any declaration made in answer to such request, search vehicle;

(b)require the driver or the person in charge of such vehicle in which any restricted article is being carried to comply with such directions as such officer may consider necessary to ensure that such article is not used for an unlawful purpose or that such article reaches the place for which it is intended; and

(c)seize such restricted article and vehicle in respect of which he suspects that an offence under these regulations has been committed or was attempted or intended to be committed.

(2)A District Officer or a police officer of the rank of Inspector or above or any person authorised in writing by the District Officer may without warrant and with or without assistance enter and search any premises in a restricted area if he suspects that any evidence of the commission of an offence against these regulations is likely to be found on such premises, and may seize any restricted article in respect of which he suspects that an offence under these regulations has been committed or was attempted or intended to be committed, and may seize any other such evidence so found.

17.Penalty for offences against regulations 7 and 16.

Any person who, in answer to any request made in pursuance of regulation 16, or in any written record in pursuance of paragraph (c) of regulation 7, makes any declaration or gives any information which is false, shall be guilty of an offence against these regulations.

18.Having to stop only within limits of local authorities.

The driver or person in charge of any vehicle carrying any restricted article, who, while within a restricted area, unless obliged by something over which he has no control or unless he is required so to do by a District Officer or a police officer–

(a)stops the vehicle outside the limits of a municipality, a Town Board area, a local council area or a gazetted village (a municipality, Rural Council Area or Local Area in Sarawak) other than at a place to which any goods in the vehicle have been consigned or at which they are intended to be delivered; or

(b)deviates from the route normally followed in reaching the place to which any goods in the vehicle have been consigned or at which they are intended to be delivered; or

(c)unloads any restricted article or permits any such article to be deposited at any place other than the place to which it has been consigned or at which it was intended to be delivered,

shall be guilty of an offence against these regulations.

19.Power to restrict and prohibit sale of restricted articles in restricted areas.

(1)The District Officer may within a restricted area–

(a)prohibit trading or selling by itinerant vendors in any place in his district outside the limits of a municipality, a Town Board area, a local council area or a gazetted village (a municipality, Rural Council Area or Local Area in Sarawak);

(b)restrict trading or selling by itinerant vendors outside the limits of a municipality, a Town Board area, a local council area or a gazetted village (municipality, Rural Council Area or Local Area in Sarawak) to such persons as he may think fit; and

(c)prohibit the sale of any restricted article by itinerant vendors in any part of his district outside the limits of a municipality, a Town Board area, a local council area or a gazetted village (a municipality, Rural Council Area or Local Area in Sarawak).

(2)Any person who contravenes any prohibition or restriction imposed under paragraph (1) shall be guilty of an offence against these regulations.

20.Power to suspend and cancel orders and directions.

As often as may be deemed necessary, the Minister may–

(a)direct that in such area or areas of a restricted area as he may specify, the provisions of any paragraph or of any order, restriction or prohibition made under the provisions of these regulations shall cease to have effect to such extent and subject to such qualifications, exceptions and conditions as he may specify or impose by such direction;

(b)cancel any direction given under paragraph (a), and thereupon the provisions of these regulations and of nay order, restriction or prohibition made thereunder shall, from such date as he may specify, have effect as if such direction had never been given, but such effect shall be without prejudice to any act or thing done before the specified date; and

(c)from time to time amend the provisions of any direction given under paragraph (a), and thereupon the provision of these regulations and of any order, restriction or prohibition made thereunder shall, from such date as he may specify, have effect to the extent and subject to the qualifications, exceptions and conditions specified or imposed by such direction as so amended, but such effect shall be without prejudice to any act or thing done before the specified date.

21.Arrest.

A District Officer or a police officer in a restricted area and nay member of the security forces while on duty within a prohibited area, may without warrant arrest any person suspected of the commission of an offence against these regulations.

22.Abetment and general penalty.

(1)If any person contravenes or fails to comply with any of these regulations, or any order or rule made, or any direction given or requirement imposed, under any of these regulations, or or abets any such contravention or failure, he shall be guilty of an offence against these regulations and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding two thousand ringgit, or to both such imprisonment and such fine.

(2)All thins liable to seizure under these regulations shall be liable to forfeiture:

Provided that:

(a)if, within four weeks of such seizure, no proceedings are instituted against any person for an offence in relation to such restricted article, it shall be restored to the person from whom it was seized if he can be found and, if not, shall be disposed of as may be directed by a Magistrate; and

(b)if, within four weeks of such seizure, such proceedings are instituted against any person, it shall be disposed of in such manner as the court may direct under regulation 23:

notwithstanding the above, if the restricted article is of a perishable nature and likely to decay it may be disposed of forthwith by a police officer of the rank of Inspector and above and any proceeds of such sale shall be dealt with in the manner prescribed in these regulations for the disposal of the restricted article.

23.Court to order disposal.

An order for the forfeiture or for the release of anything liable to forfeiture under these regulations shall be made by the Court before which the prosecution with regard thereto has been held, and an order for the forfeiture shall be made if it is proved to the satisfaction of the Court that an offence against these regulations has been committed and that such restricted article or vehicle was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of such offence.

FIRST SCHEDULE
RESTRICTED ARTICLES

1.Padi, padi products, rice, rice products, flour, flour products, tapioca, tapioca products, sago, all forms of oats and barley, edible oil, sugar, salt, concentrated foods, tinned foods, dried fish, dried beans and dried peas, any article of food in liquid form, or any cordial or beverage not exceeding fifteen percent by weight in volume classified as sucrose.

2.Paper suitable for use in typewriting or printing or other process for duplicating words, figures or pictorial or other representations, wax stencils and printing ink.

3.Drugs, medicines and other medical supplies.

4.Electric torches and any type of dry cell electric battery.

5.Canvas or any article made wholly or partly from canvas.

6.Green or khaki cloth, pliable plastic material and rubberised or water-proofed material.

7.Any article of clothing made wholly or partly from any of the materials specified in 6.

8.Any form of welding material, sheeting or imitations thereof

9.Containers of any kind with a minimum storage capacity of 30 pounds.

10.Acied, alkali, nephelene, mineral jelly.

SECOND SCHEDULE
PERATURAN-PERATURAN KESELAMATAN DALAM NEGERI(BARANG-BARANG SEKATAN), 1973
INTERNAL SECURITY (RESTRICTED ARTICLES) REGULATIONS, 1973
Lapuran Bertulis-Peraturan 7 (c)
(Written Record-Regulation 7 (c)

[not reproduced here]

[*]Extended to the Borneo States vide F.L.N. 232/1963.