Criminal Law (Preventive Detention) Act

This Act may be cited as the Criminal Law (Preventive Detention)

Act.

"Assistant Director of the Bureau" means the Assistant Director of the Narcotics Control Bureau appointed under section 2A of the

Misuse of Drugs Act (Chapter 27);

"Bureau" means the Narcotics Control Bureau;

"Deputy Director of the Bureau" means the Deputy Director of the

Narcotics Control Bureau appointed under section 2A of the

Misuse of Drugs Act (Chapter 27);

"Director of the Bureau" means the Director of the Narcotics

Control Bureau appointed under section 2A of the Misuse of Drugs

Act (Chapter 27);

"Minister" means the Minister of Home Affairs;

"officer of the Bureau" has the same meaning assigned to it under the Misuse of Drugs Act (Chapter 27).

6

(21-inzinal Law (Preventive Detention)

Whenever the Minister is satisfied with respect to any person, whether such person is at large or in custody, that such person has been associated with activities of a criminal nature, the Minister may -

if he is satisfied that it is necessary that such person be detained in the interests of public safety, peace and good order, by order under his hand direct that such person be detained for any period not exceeding one year from the date of the order; or

if he is satisfied that it is necessary that such person be subject to the supervision of the police or the Bureau. by order direct that such person be subject to the supervision of the police or the

( 1 ) Every order made by the Minister under section 2 shall, together with a written statement of the grounds upon which the Minister made the order, be referred by the Minister to an advisory committee constituted as provided in section 10, within 28 days of the making of the order.

The advisory committee shall submit to His Majesty the Sultan and Yang Di-Pertuan a written report on the making of the order. The advisory committee may consider any representation made by a person subject to the order and may make in its written report such recommendations as it shall think fit.

His Majesty the Sultan and Yang Di-Pertuan shall consider such report and may cancel or confirm the order and in confirming the order, make thereto such variations as he thinks fit.

At any time after an order of detention in respect of a person -

The provisions of section 3 apply to any order made by the

Any person directed to be subject to the supervision of the police or the Bureau under section 2 or 4 (referred to in this Act as a person subject to supervision under this Act) shall be subject to the obligations imposed upon persons subject to police supervision or supervision by the Bureau under section 264 of the Criminal Procedure Code (Chapter 7) and shall also be subject to all or any of the following restrictions as the Minister may by order direct -

The Minister may, by order in writing served on the person subject to supervision under this Act, vary, cancel or add to any restrictions imposed under this section.

A person subject to supervision under this Act who contravenes or fails to comply with any order or restriction imposed on him under this section is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years and not less than one year.

No person subject to supervision under this Act shall consort or habitually associate with any other person subject to supervision under this

Any person who contravenes the provisions of this section is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years and not less than one year.

Any person subject to supervision under this Act who -

is found between the hours of sunset and sunrise frequenting or loitering in or about any public place or in the neighbourhood of any place of public entertainment;

at any time is found in the company of two or more persons subject to supervision under this Act; or

at any time is found in or near any place in which any act of violence or breach of the peace is being or has just been committed, and who is unable satisfactorily to account for his presence at such place or time or in such company is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years and not less than one year.

A police officer or an officer of the Bureau may take or cause to be taken the photographs and finger impressions of any person subject to supervision under this Act; and every such person shall be legally bound to submit to the taking of his photographs and finger impressions, and may be compelled thereto by the use of force, if necessary.

Any person who being legally bound under subsection (1) to submit to the taking of his photographs or finger impressions refuses or fails to submit thereto on demand is guilty of an offence and liable on conviction to a fine of $500 and imprisonment for 6 months.

His Majesty the Sultan and Yang Di-Pertuan may extend the validity of any order of detention confirmed under the provisions of section 3(3) for periods not exceeding one year at any one time and may at any time refer any such order for further consideration by an advisory committee.

His Majesty the Sultan and Yang Di-Pertuan may extend the period for which a person is directed to be under the supervision of the police or an officer of the Bureau by any order confirmed under the provisions of

For the purposes of this Act, the Minister may, with the approval of

His Majesty the Sultan and Yang Di-Pertuan. appoint one or more advisory committees each consisting of not less than two persons.

Every advisory committee shall for the purposes of this Act 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.

Every member of an advisory committee is deemed to be a public servant within the meaning of the Penal Code (Chapter 22) 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 the provisions of this

Every advisory committee shall have regard to the requirements of public safety, the protection of individuals and the safeguarding of sources of information and subject to the provisions of this Act and any rules made under section 18 may regulate its own procedure.

Nothing in this Act or in any rules made under section 18 shall require the Minister or any other public servant to disclose facts which he considers it to be against the public interest to disclose.

Every person detained in pursuance of an order made under the provisions of section 2 shall be detained in such place as the Minister may direct and in accordance with instructions issued by the Minister.

The Minister may by order direct the removal from any place of detention to another place of detention to be specified in such order of any

On proof to his satisfaction that the presence at any place of any person detained in pursuance of an order made under the provisions of section 2 is required -

for the purpose of any inquiry; or

Any person -

The Minister may. on the recommendation of an advisory committee appointed for the purposes of this section, direct that a detainee shall be released from day to day to engage in such employment, including self-employment, as the Minister may specify.

Any direction given under subsection (1) shall have effect for a period to be fixed by the Minister and may be subject to such conditions and restrictions as may be imposed by the Minister.

The Minister may at any time revoke any direction made under subsection (1).

The Minister may, subject to such conditions as he thinks fit, grant leave to a detainee in respect of whom a direction has been made under subsection (1) to spend his leave at such place as the Minister may specify.

The Minister may at any time revoke any leave granted to a detainee under subsection (4).

Where any direction made under subsection (1) is in force in respect of a detainee or any leave is granted under subsection (4) to a detainee, the Superintendent of the place of detention shall release the detainee at such times and for such periods as are necessary to give effect to the direction or grant of leave.

If any detainee in respect of whom a direction has been made under subsection (I) or leave has been granted under subsection (4) remains at large without lawful excuse or fails to return to his place of detention after the direction or leave has been revoked, he is deemed to be unlawfully at large and to have escaped from lawful custody.

Every person released under this section shall continue to be in the legal custody of the Superintendent of the place of detention from which he was released during every period for which he is so released.

In this section, "detainee" means any person who is detained in pursuance of an order made under section 2.

Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe there are grounds which would justify the detention of such person under section 2.

No person shall be detained under the provisions of this section for a period exceeding 24 hours except with the authority of a police officer of or above the rank of Assistant Superintendent or for a period of 48 hours in all:

Any person detained under the powers conferred by this section is deemed to be in lawful custody and may be detained in any prison or in any police station or in any other similar place authorised generally or specially by the Minister.

Any police officer may without warrant arrest any person found at large in respect of whom there is in existence a detention order made by the Minister under the provisions of section 2 and shall forthwith report such arrest to the Commissioner of Police.

Any person arrested in pursuance of the provisions of subsection (1) is deemed to be in lawful custody and may be detained for a period not exceeding 48 hours in any prison or in any police station pending the issuing of instructions by the Minister for his further detention.

Notwithstanding anything to the contrary contained in any written law, it shall be lawful for any police officer of or above the rank of

In this section, "place" includes any vehicle. vessel or aircraft, whether'& a public place or nit.

Subject to the provisions of this section, the powers conferred upon a police officer under sections 14, 15 and 16 may be exercised by an officer of the Bureau.

The powers conferred upon a police officer of or above the rank of Assistant Superintendent under sections 14(2) and 16 may be exercised by the Director. the Deputy Director or an Assistant Director of the Bureau.

The power conferred upon an officer of or above the rank of

Subject to subsection (5): where the power conferred upon an officer of or above the rank of Superintendent of Police under the proviso of section 14(2), or the power conferred upon a police officer under section 15(1), is exercised by an officer of the Bureau in accordance with this section, the duty to report to the Commissioner of Police under those sections shall be read as a duty to report in a similar manner to the Director of the Bureau.

The duty to report to the Director of the Bureau referred to in subsection (4) does not apply where the power under the proviso of section 14(2) or under section 15(1) was exercised by the Director of the

(Repealed by S 29/20] 2).

Prosecutor with regard to the control and direction of criminal prosecutions.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make rules for the purpose of carrying into effect all or any of the provisions of this Act.

Without prejudice to the generality of the powers conferred by subsection (1). such rules may provide for -