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Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate

89. Surrender of travel documents

(1)

A Syariah Subordinate Court Judge may, on the application of a

Religious Enforcement Officer or police officer not below the rank of

Inspector by written notice, require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Code to surrender to a Religious Enforcement

Officer or police officer not below the rank of Inspector any travel document in his possession.

(2)

A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3)

A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.

(4)

If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith. he may thereupon be arrested and taken before a Syariah Subordinate Court Judge.

(5)

Where a person is taken before a Syariah Subordinate Court

Judge under subsection (4), the Syariah Subordinate Court Judge shall, unless such person thereupon complies with the notice under subsection (1)

or satisfies the Syariah Subordinate Court Judge that he does not possess a travel document, by warrant commit him to prison there to be safely kept until -

(a)

the expiry of the period of 28 days from the date of his committal to prison; or

Syariah Courts 68

Criminal Procedure Code

(b)

the person complies with the notice under subsection (1) and a Syariah Subordinate Court Judge. by order. directs that the Director a of Prisons to discharge the person from prison (which order shall be sufficient warrant for the Director of Prisons so to do), whichever occurs first.

(6)

A travel document which is surrendered to a Religious

Enforcement Officer or police officer not below the rank of Inspector under this section may be detained for 6 months from the date on which it was surrendered and may be detained for a further 3 months if a Syariah

Subordinate Court Judge, on application by a Religious Enforcement Officer or police officer not below the rank of Inspector, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorises such further detention.

(7)

All proceedings before a Syariah Subordinate Court Judge under this section shall be conducted in chambers.

(8)

In this section and section 90, "travel document" means a passport or other document establishing the identity or nationality of a holder.

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