Last Updated: Thursday, 24 October 2019, 17:23 GMT

Malaysia: Act No. 30 of 1964, Emergency (Essential Powers) Act

Publisher National Legislative Bodies / National Authorities
Publication Date 18 September 1964
Cite as Malaysia: Act No. 30 of 1964, Emergency (Essential Powers) Act [Malaysia],  18 September 1964, available at: https://www.refworld.org/docid/3ae6b52b0.html [accessed 27 October 2019]
Comments The Act was proclaimed on 3 September 1964, with the Royal Assent on 17 September 1964. It was never formally revoked. With the courtesy of the States of Emergency Database at Queen's Univesity of Belfast.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

An Act to confer certain powers on the Yang di-Pertuan Agong which it is expedient that His Majesty should be enabled to exercise in the emergency proclaimed on the third day of September, 1964, under Article. 150 of the Federal Constitution.

WHEREAS by reason of the. existence of a grave emergency threatening the security of the Federation, a Proclamation of Emergency has been issued by the Yang di-Pertuan Agong under Article 150 of the Constitution

AND WHEREAS Parliament by reason of the emergency considers it necessary for securing public safety, the defence of the Federation, the maintenance of public order and of supplies and services essential to the life of the community, that powers be conferred on the Yang di-Pertuan Agong to make such regulations as appear to him to be necessary:

AND WHEREAS it is hereby declared that this Act appears to Parliament to be required by reason of the emergency:

NOW, THEREFORE, pursuant to Clause (6) of Article 150 of the Federal 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:

1.

This Act may be cited as the. Emergency (Essential Powers) Act, 1964, and shall have application throughout the Federation.

2.

(1)Subject to the provisions of this section, the Yang di-Pertuan Agong may make any regulations whatsoever (in this Act referred to as "Essential Regulations") which he considers desirable or expedient for securing the public safety, the defence of the Federation, the maintenance of public order and of supplies and services essential to the life of the community.

(2)Without prejudice to the generality of the powers conferred by the preceding sub-section, Essential Regulations may, so far as appear to the Yang di-Pertuan Agong to be necessary or expedient for any of the purposes mentioned in that subsection

(a)make provision for the apprehension, trial and punishment of persons offending against the regulations, and for detention of persons whose detention appears to the Minister for Home Affairs to be expedient in the interests of the public safety or the defence of the Federation;

(b)create offences and prescribe penalties (including the death penalty) which may be imposed for any offence against any written law (including regulations made under this Act);

(c)provide for the trial by such Courts as may be specified in such regulations, of persons guilty of any offence against the regulations;

(d)make special provisions in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and of the law regulating evidence, proof and civil and criminal liability;

(e)make provision for directing and regulating the performance of services by any persons;

(f)authorise-

(i)the taking of possession or control, on behalf of the Government of the Federation, of any property or undertaking;

(ii)the acquisition, on behalf of the Government of the Federation, of any property other than land;

(g)authorise the entering and search of any premises;

(h)prescribe fees or other payments;

(i)provide for amending any written law, for suspending the operation of any written law and for applying any written law with or without modification; and

(j)provide for any other matter in respect of which it is in the opinion of the Yang di-Pertuan Agong desirable in the public interest that regulations should be made.

(3)Essential Regulations may provide for empowering such authorities, persons or classes of persons as may be specified in the regulations to make orders, rules and by- laws for any of the purposes for which such regulations are authorised by this Act to be made, and may contain such incidental and supplementary provisions as appear to the Yang di-Pertuan Agong to be necessary or expedient for the purposes of the regulations.

(4)An Essential Regulation, and any order, rule, or by-law duly made in pursuance of such a regulation, shall have effect notwithstanding anything inconsistent therewith contained in any written law other than this Act or in any instrument having effect by virtue of any written law other than this Act.

3.

Unless the contrary intention appears therefrom, any provisions contained in, or having effect under, any Essential Regulation shall-

(a)in so far as they specifically impose prohibitions, restrictions or obligations in relation to ships, vessels or aircraft, or specifically authorise the doing of anything in relation to ships, vessels or aircraft, apply to all ships, vessels or aircraft in or over the Federation and to all ships ,or aircraft registered in the Federation wherever they may be; and

(b)in so far as they impose prohibitions, restrictions or obligations on persons, apply to all persons in the Federation and all persons on board any ship or aircraft registered in the Federation, and to all citizens of the Federation:

Provided that Essential Regulations may make provision whereby the owner, manager or charterer of any ship or aircraft registered in the Federation (being a person resident in the Federation or a corporation incorporated under the law of the Federation) is subjected to restrictions in respect of the employment of persons in any country or territory in connection with the management of the ship or aircraft.

4.

Every document purporting to be an instrument made or issued by any Minister or authority or person in pur- suance of any provision contained in, or having effect under, Essential Regulations, and to be signed by or on behalf of the said Minister, authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to be an instrument made or issued by that Minister, authority or person; and prima facie evidence of any such instrument as aforesaid may, in any legal proceedings (including arbitrations), be given by the production of a document purporting to be certified to be a true copy of the instrument by, or on behalf of, the Minister or other authority or person having power to make or Issue the instrument.

5.

The powers conferred.by this Act and by any regulations made thereunder shall be in addition to and not in substitution for any powers conferred by or under other written law from time to time in force

6.

Every person who contravenes any regulation made under this Act shall, where no other penalty is provided by such regulation, be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

LIST OF ESSENTIAL REGULATIONS UNDER THE EMERGENCY (ESSENTIAL POWERS) ACT, 1964.

 

Essential (Emergency Service) (Regular Armed Forces) Regulations1964

L.N.420/64

Essential (Emergency Service) (Volunteer Armed Forces) Regulations,

1964 L.N.421/64

Essential (Prohibition of Uniforms) Regulations, 1965

L.N.121/65

Essential (Incitement Against National Service) Regulations, 1965

L.N.122/65

Essential (Carrying of Firearms and Ammunition) Regulns.

L.N.451/65

Essential (Citizens of Singapore and Holders of Singapore Identity Cards) Regulations, 1966

L.N.187/66

Essential (Criminal Trials) Regulations, 1964

L.N.286/64

Essential (Internal Security and Detention order) Regulns.

L.N.335/64

Essential (Tenants Registration) Regulations, 1965

L.N. 45/65

Essential (Prohibition of Uniforms) Regulations, 1965

L.N.121/65

Essential (Carrying of Firearms and Ammunition) Regulations

L.N.123/65

Essential (Fishing Craft and Crew Pass) Regulations, 1965

L.N.168/65

Essential (Prohibited Cargo) Regulations, 1965

L.N.215/65

Essential (Control of Photographs) Regulations, 1965

L.N.231/65

Essential (Trade Disputes in the Essential Services) Regulations, 1965

L.N.355/65

Essential (Key points) Regulations, 1965

L.N.443/65

Essential (Control of Publications and Safeguarding of Information) Regulations, 1966

L.N.35/66

Essential (Detained Non-Citizens) Regulations, 1965

L.N.230/65

Essential (Pasokan Kawalan) Regulations, 1966

L.N.33/66

Essential (Pasokan Kawalan) (Applications) Order, 1966

L.N.34/66

Essential (Tenants Registration)(Sabah) Regulations, 1968

PU(A)243/68

Essential (Tenants Registration)(Application) Order, 1972

PU(A)23/72

Essential (Prohibition of Uniforms and Dresses) Regulations, 1975

PU(A)3/75

 

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