INTERNAL SECURITY ACT - Part 2



                           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.



      (I) 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



13. 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.



51 Exclusion 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:



   Provided that no person shall be convicted of any offence

against this section if he proves that prior to being arrested

by a police officer or a person in authority, he voluntarily

gave full information of that other offence or of those

movements or whereabouts to a police officer.



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 ommitted 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]                                                         

                       I-



  (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 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



1. Penal Code ...    ...    ...     ...    Sections 435 and 436



2. Corrosive and Explosive Substances and

   Offensive Weapons Ordinance 1959 ...    Sections 3, 4 and 5

                         --------------



                        SECOND SCHEDULE

                   (Sections 75, 76 and 83)



             Admissions of statements in evidence



F.M.S.Cap.42    1. Malay Regiment Enactment - any offence under

                   sections 74, 97, 98 and 100;



Act 13/66       2. Societies Act 1966 - any offence under sections

                   42, 43, 44 and 52;



Act 15          3. Sedition Act 1948 - any offence under the Act;



F.M. 43/58      4. Corrosive and Explosive Substances and Offensive

                   Weapons Ordinance 1958 - any offence under the

                   Ordinance;



Act 78          5. National Registration Act 1959 - any offence

                   under any regulations made under the Act;



21/60           6. Arms Act, 1960 - any offence under section 9;



M.U. 26/47      7. Abduction and Criminal Intimidation of

                   Witnesses Ordinance 1947 - any offence under

                   the Ordinance;



M.U. 8/48       8. (a) Railway Ordinance 1948 - any offence under

                       sections 108, 110 and 111;



Cap. 116           (b) Railways Ordinance of Sabah - any offence

                       under sections 24, 25 and 26;



F.M. 40/57      9. Explosives Ordinance 1957 - any offence under

                   sections 9, 10, 11 and 12;



               10. Any abetment of or attempt to commit any 

                   offence specified in this Schedule;



PU(B) 336/75   11. Firearms (Increased Penalties) Act 1971

                           ---------------





                     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



      Amending law              Short title               In force from



Act 9/1962         ...   Internal Security (Amendment)       24-2-1962

                           Act. 1962



L.N.   232/1963    ...   Modification of Laws (Internal      16-9-1963

                           Security and Public Order)

                           (Borneo States) Order, 1963



L.N.   239/1963    ...   Corrigendum to L.N. 232/1963        16-9-1963



L.N.   284/1963    ...   Modification of Laws (Internal      24-10-1963

                          Security Act, 1960) Order.

                           1963



L.N.   334/1964    ...   Modification of Laws (Internal      15-10-1964

                          Security Act, 1960) Order.

                          1964



L.N.   335/1964    ...   Emergency  (lnternal Security      (30-9-1964

                           and Detention Orders) Regu-      (20-10-1964

                           lations. 1964



Act    20/1964     ...   lnternal Security (Amendment)       30-7-1964

                           Act. 1964



L.N.   69/1965     ...   Modification of Laws (lnternal      15-10-1964

                          Security Act, 1960) (Amend-

                          ment) Order. 1965



L.N.  110/1965     ...   Emergency  (Internal  Security      20-10-1964

                          and Detention Orders)

                          (Amendment) Regulations.

                          1965



Act   25/1966      ...   Internal Security (Amendment)       14-4-1966

                          Act. 1965



P.U. 415/1966      ...   Resolution of the Senate of         10-11-1966

                          5-9-1966 made under section

                          83



P.U. 416/1966      ...   Resolution of the House of          10-11-1966

                          Representatives of 22-8-1966

                          made under section 83



Act   7            ...   Registration of Criminals and        2-5-1969

                          Undesirable Persons Act,

                          1969



P.U. (B) 180/1969  ...   Corrigendum to Act 7        ...      2-5-1969



Ordinance 4. 1969  ...   Emergency (Internal Security)        16-5-1969

P.U. (A) 186/1969         (Modification of Laws) Ordi-

                          nance 1969



Act   A61          ...   Internal Security (Amendment)         1-9-1971

                          Act, 1971

P.U. (B) 336/75



             LIST OF LAWS OR PARTS THEREOF SUPERSEDED



      No                                     Title



Act 18 of 1960    ...     Internal Security Act. 1960



Act      A61      ...     Internal Security (Amendment)

                           Act, 1971

                         -------------------





                    LAWS OF MALAYSIA



                        Act A705



         INTERNAL SECURITY (AMENDMENT) ACT 1988



An Act to amend the Internal Security Act 1960, and to

  provide for matters connected therewith.



  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, organised 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 Rakyat in Parliament assembled, and by the

authority of the same, as follows:



1.This Act may be cited as the Internal Security

(Amendment) Act 1988 and shall come into force on

the date of its publication in the Gazette.



2. Section 8 of the Internal Security Act 1960, which in

this Act is referred to as "the principal Act", is

amended by substituting the words "section 12 shall

apply accordingly" for the words section 12(1) shall

apply as if for the words "such person was detained"

the words "his detention order was extended" were

substituted' in the proviso to subsection (7).



3 The principal Act is amended by inserting after

section 8 a new section 8A as follows:



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.".



5. (1) Where a detention order was made under

section 8 (1) of the principal Act against any person

during the period between the date of the

commencement of the principal Act and the

commencement of this Act (hereinafter referred to as

"the transitional period"), the detention order and the

detention effected in pursuance thereof during the

transitional period, and its continuation thereafter, if

any, are hereby declared lawful and valid, and shall be

deemed to be, and to have always and at all times been,

lawful and valid, notwithstanding that at any time

during the duration of the detention order he was

detained at any place other than the place of detention

referred to in section 8 (3) of the principal Act, or

continued to he detained in the place in which he was

detained under section 73 of the principal Act after the

expiry of the maximum period provided therefor under

section 73(3) of the principal Act, or was on journey in

police custody or any other custody to the place of

detention as aforesaid, or that there was any delay in

the service of the detention order on him, or that it was

served on him at any place other than the place of

detention, or that there was any defect relating to its

service upon him.



  (2) No action, suit, prosecution. or other legal

proceeding whatsoever of any description or in any

form, shall be brought, instituted or maintained in any

court on any ground after the commencement of this Act,

or, if brought or instituted before the commencement

of this Act, shall continue to be maintained, for or

on account of, or in respect of, anything lawfully

done in relation to the detention order or the detention

declared lawful and valid under subsection (1), save

that the provisions of this subsection shall not apply to

any such legal proceeding which had concluded and the

final decision of the court in respect of which had been

given before the commencement of this Act, or to any

appeal in respect of such final decision.

                             --------





       THE INTERNAL SECURITY (AMENDMENT) ACT 1989



An Act to amend the Internal Security Act 1960, and to

  provide for matters connected therewith.



                                      [25 August 1989]



  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 organised 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 Rakyat in Parliament assembled,

an by the authority of the same, as follows:



  This Act may be cited as the Internal Security 

(Amendment) Act 1989 and shall come into force on

the date of its publication in the Gazette



2. The Internal Security Act 1960, which in this Act is

referred to as "the principal Act", is amended by

inserting immediately after section 8A the following

new sections 8B, 8C and 8D:



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."        

                       ----------------e