INTERNAL SECURITY ACT - Part 1



[ISA]



                 INTERNAL SECURITY ACT, 1960



                           (Act 82)



An Act to provide for the internal security of Malaysia,

  preventive detention, the prevention of subversion, the

  suppression of organised violence against persons and

  property in specified areas of Malaysia, and for matters

  incidental thereto.

                 [West Malaysia - 1st August. 1960;

                  East Malaysia - 16th September. 1963.]



  WHEREAS action has been taken and further action is

threatened by a substantial body of persons both inside and

outside Malaysia-



    (1) to cause, and to cause a substantial number of

        citizens to fear, organized violence against persons

        and property; and



    (2) to procure the alteration, otherwise than by lawful

        means, of the lawful Government of Malaysia by

        law established;



  AND WHEREAS the action taken and threatened is prejudicial

to the security of Malaysia;



  AND WHEREAS Parliament considers it necessary to stop

or prevent that action;



  Now therefore PURSUANT to Article 149 of the Constitution

BE IT ENACTED by the Duli Yang Maha Mulia

Seri Paduka Baginda Yang di-Pertuan Agong with the

advice and consent of the Dewan Negara and Dewan

Ra'ayat in Parliament assembled, and by the authority of

the same, as follows:



                            PART I

                         PRELIMINARY



1. Short title.



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



2. Interpretation.



   In this Act unless the context otherwise requires-

  "Advisory Board" means an advisory board constituted

under Article 151 (2) of the Federal Constitution;



  "ammunition" means ammunition for any fire-arm as

hereafter defined and includes grenades, bombs and other

like missiles whether capable of use with such a fire-arm

or not and any ammunition containing or designed or

adapted to contain any noxious liquid, gas or other thing;



  "Chief Police Officer" includes a Deputy Chief Police

Officer and any police officer for the time being lawfully

authorized to exercise the powers and perform the duties

conferred or imposed upon a Chief Police Officer by this

Act and in the application of this Act to Sabah and Sarawak

references to a Chief Police Officer shall be construed as

references to a Divisional Superintendent of Police;



  "controlled area" means any area declared to be a

controlled area under section 49;



  "danger area" means any area declared to be a danger

area under section 48;



  "document" includes any substance on which, is recorded

any matter, whether by letters, figures, marks, pictorial or

other representation, or by more than one of those means;



  "entertainment" means any game, sport, diversion, concert

or amusement of any kind to which the public has or

is intended to have access and in which members of the

public may or may not take part, whether on payment or

otherwise;



  "exhibition" includes every display of goods, books,

pictures, films or articles to which the public has or is

intended to have access, whether on payment or otherwise;



  "explosive" shall have the meaning assigned thereto in

the Explosives Ordinance, 1957, and includes any substance

deemed to be an explosive under that Ordinance;



  "fire-arm" means any lethal barrelled weapon of any

description from which any shot, bullet or other missile can

be discharged or which can be adapted for the discharge of

any such shot, bullet or other missile and any weapon of                       

      ___

whatever description designed or adapted for the discharge

of any noxious liquid, gas or other thing, and includes any

component part of any such weapon as aforesaid;



   "Inspector-General"  means  the  Inspector-General  of

Police and, in relation to Sabah and Sarawak, includes the

Commissioner in control of members of the Royal   

Malaysia Police in each of those States;



   "Offence against this Act" includes an offence against any

regulations made under section 71;



   "periodical publication" includes every publication issued

periodically or in parts or numbers at intervals, whether

regular or irregular;



   "Police District" has the same meaning as "police district"

in the Police Act, 1967;



   "police officer" includes a reserve police officer, an

auxiliary police officer and a special police officer appointed

in accordance with any written law for the time being in

force;



  "promoter", in the case of an entertainment or exhibition

promoted by a society, includes the secretary and officials of

the society and, in the case of a society organised or having 

its headquarters outside Malaysia, the easels in Malaysia

of the society;



  "proprietor" includes the owner, tenant or other person

in possession or control of premises and any person who

receives payment for the use of premises;



  "protected place" means any place or premises in

relation to which an order made under section 50 is in force;



  "publication" includes all written, pictorial or printed

matter, and everything of a nature similar to written or

printed matter, whether or not containing any visible

representation, or by its form, shape or in any other manner

capable of suggesting words or ideas, and every copy,

translation and reproduction or substantial translation or

reproduction in part or in whole thereof;



  "public place" includes any highway, public street, public

road, public park or garden, any sea beach, water-way,

public bridge, lane, footway, square, court, alley or passage,

whether a thoroughfare or not, any unalienated land, any

rubber estate, any plantation, any land alienated for

agricultural or mining purposes, any theatre or place of public

entertainment of any kind or other place of general resort

admission to which is obtained by payment or to which the

public have access, and any open space to which for the

time being the public have or are permitted to have access,

whether on payment or otherwise;



   "public road" means any public highway or any road

over which the public have a right of way or are granted

access, and includes every road, street, bridge, passage,

footway or square over which the public have a right of way or

are granted access;



   "security area" means any area in respect of which a

proclamation under section 47 is for the time being in force;



   "security forces" includes the Royal Malaysia Police,

the Police Volunteer Reserve, the Auxiliary Police, persons

commissioned or appointed under the Essential (Special

Constabulary) Regulations, 1948, the armed forces, any

local force established under any written law in force in

Malaysia, and any force which is a visiting force for the

purposes of part I of the Visiting Forces Act, 1960, and in

respect of whom all or any of the powers exercisable by the

armed forces or their members under this Act have been made

exercisable by an order made under any such law.



   "supplies" includes ammunition, explosives, fire-arms,

money, food, drink, clothing, medicines, drugs and any other

stores, instruments, commodities, articles or things

whatsoever;



   "terrorist" means any person who--



    (a) by the use of any fire-arm, explosive or ammunition

        acts in a manner prejudicial to the public safety or

        to the maintenance of public order or incites to

        violence or counsels disobedience to the law or to

        any lawful order;



    (b) carries or has in his possession or under his control

        any fire-arm, ammunition or explosive without

        lawful authority therefor; or



    (c) demands, collects or receives any supplies for the

        use of any person who intends or is about to act,

        or has recently acted, in a manner prejudicial to

        public safety or the maintenance of public order;



                           PART II



       GENERAL PROVISIONS RELATING TO INTERNAL SECURITY



                          CHAPTER 1



Prohibition of Organisations and Associations of a Political

   or Quasi-Military Character and Uniforms, etc.



3. Prohibition of uniforms of political or quasimilitary

   organisations.



   The Minister may from time to time by order prohibit

the wearing in public places or at meetings or gatherings

to which the public or any section of the public have access,

of-



    (a) any uniform or dress which signifies association with

        any political organisation or with the promotion of

        any political object; or



    (b) any uniform, dress or emblem by members or

        adherents of any organisation or association specified

        or described in the order, whether incorporated or

        not-



         (i) when, in the opinion of the Minister, members

             of that organisation or association are

             organised or trained or equipped for the

             purpose of enabling them to be employed in

             usurping the functions of the police or of the

             armed forces; or



        (ii) when, in the opinion of the Minister, members

             of that organisation or association are

             organised or trained or equipped for the

             purpose of enabling them to be employed for

             the use or display of physical force in

             promoting any political or other object or in

             such a manner as to arouse reasonable

             apprehension that they are organised or

             trained or equipped for that purpose.



4.  Penalty.



   Every person who wears any prohibited uniform, dress

or emblem in contravention of an order made under section 3

shall be guilty of an offence and shall, on conviction, be

liable to a fine not exceeding two thousand dollars or to

imprisonment for a term not exceeding one year or to both.



5. Prohibition of quasimilitary organizations.



   (1) If the members or adherents of any association of

persons, whether incorporated or not, are-



    (a) organised or trained or equipped for the purpose

        of enabling them to be employed in usurping the

        functions of the police or of the armed forces; or



    (b) organised or trained or equipped either for the

        purpose of enabling them to be employed for the

        use or display of physical force in promoting any

        political or other object, or in such a manner as to

        arouse reasonable apprehension that they are

        organized or trained or equipped for that purpose,



then every member or adherent of the association shall

be guilty of an offence and shall, on conviction, be liable

to a fine not exceeding two thousand dollars or to

imprisonment for a term not exceeding one year or to both;

and any person who promotes or conspires with another

to promote, or who takes part in the control or management

of, the association, or in so organising or training as aforesaid

any member or adherent thereof, shall be guilty of an

offence and shall, on conviction, be liable to a fine

not exceeding ten thousand dollars or to imprisonment

for a term not exceeding five years or to both:



   Provided that in any proceedings against any person

charged with the offence of taking part in the control or

management of such an association as aforesaid it shall be

a defence to that charge to prove that he neither consented

to nor connived at the organisation, training or equipment 

of any member or adherent of the association in contravention

of this section.



  (2) No prosecution for any offence under this section

shall be instituted except with the consent of the Public

Prosecutor.



  (3) If upon application being made by or on behalf of

the Public Prosecutor it appears to the High Court that any

association is an association of which members or adherents

are organised, trained or equipped in contravention of this

section, the Court may-



    (a) make such order as appears necessary to prevent

        any disposition without the leave of the Court of

        property held by or for the association;



    (b) direct an inquiry and report to be made as to any

        such property as aforesaid and as to the affairs of

        the association;



    (c) make such further order as appears to the Court

        to be just and equitable for the application of that

        property in or towards the discharge of the liabilities

        of the association lawfully incurred before the date

        of the application or, with the approval of the Court

        since that date in or towards the repayment of

        moneys to persons who became subscribers or

        contributors to the association in good faith and

        without knowledge of any such contravention as

        aforesaid, and in or towards any costs incurred in

        connection with any such inquiry and report as

        aforesaid or in winding up or dissolving the

        association; and



    (d) order that any property which is not directed by

        the Court to be so applied as aforesaid shall be

        forfeited to the Government.



  (4) In any criminal or civil proceeding under this section

proof of things done or of words written, spoken or

published (whether or not in the presence of any party to

the proceedings) by any person taking part in the control

or management of an association or in organising, training

or equipping members or adherents of an association shall

be admissible as evidence of the purposes for which, or the

manner in which, members or adherents of the association

were organised or trained or equipped.



   (5) If a Magistrate or Chief Police Officer is satisfied by

information that there is reasonable ground for suspecting

that an offence under this section has been committed, and

that evidence of the commission thereof is to be found at

any premises or place specified in the information, he may,

on an application made by a police officer not below the

rank of Inspector, grant a search warrant authorising any

such officer with or without assistance to enter the premises

or place at any time within one month from the date of the

warrant, if necessary by force, and to search the premises

or place and every person found therein, and to seize

anything found on the premises or place or on any such

person which the officer has reasonable ground for suspecting

to be evidence of the commission of such an offence as

aforesaid.



   (6) No woman shall, in pursuance of any warrant issued

under subsection (5), be searched except by a woman.



   (7) Nothing in this section shall be construed as prohibiting

the employment of a reasonable number of persons as

stewards at any public meeting held upon private premises

with the permission of the owner of those premises, or the

making of arrangements for that purpose or the instruction

of the persons to be so employed in their lawful duties as

such stewards, or their being furnished with badges or other

distinguishing signs.



6. Illegal drilling.



   (1) Any person other than a member of the armed

forces or the police or of a volunteer force or local force

constituted under any written law in force in Malaysia, or

of any other force which is a visiting force for the purposes

of Part I of the Visiting Forces Act, 1960, or of any

organization or association specially exempted by the

Minister, who-



    (a) is present at or attends any meeting or, assembly of

        persons for the purpose of training or drilling

        themselves to the use of arms or of being so trained

        or drilled, or for the purposes of practising military

        exercises, movements or evolutions; or



    (h) is present at or attends any such meeting or

        assembly for the purpose of training or drilling

        any other person or persons to the use of arms or

        the practice of military exercises, movements or

        evolutions,



shall be guilty of an offence and shall, on conviction, be

liable to a fine not exceeding two thousand dollars or to

imprisonment for a term not exceeding one year or to both.



  (2) Any person other than a member of the armed forces

or the police or of a volunteer force or local force constituted

under any written law in force in Malaysia, or of any

other force lawfully present in Malaysia under any law for

the time being in force relating to visiting forces or of any

organisation or association specially exempted by the

Minister who -



    (a) trains or drills any other person to the use of arms

        or the practice of military exercises, movements

        or evolutions: or



    (b) takes part in the control or management of

        any association or organisation whose members

        are trained or drilled in the practice of military

        exercises, movements or evolutions,



shall be guilty of an offence and shall, on conviction,

be liable to a fine not exceeding ten thousand dollars or

to imprisonment for a term not exceeding five years or to

both.



7. Prohibition of uniforms emblems, etc.



   (1) The Minister may, if be considers it in the national

interest so to do, by order prohibit the manufacture, sale,

use, wearing, display or possession of any flag, banner,

badge, emblem, device, uniform or distinctive dress or any

part thereof.



  (2) Any person contravening any provision of an order

made under this section shall be guilty of an offence.



  (3) Any article in respect of which in offence has been

committed under this section may be seized and destroyed

or otherwise dealt with as the Minister may direct, whether

or not the identity of the offender is known and whether or

not any prosecution has been commenced in respect of the

offence.



                          CHAPTER II



               Powers of Preventive Detention



8. Power to order detention or restriction of persons.



   (1) If the Minister is satisfied that the detention of any

person is necessary with a view to preventing him from

acting in any manner prejudicial to the security of Malaysia

or any part thereof or to the maintenance of essential

services therein or to the economic life thereof, he may make

an order (hereinafter referred to as a detention order)

directing that that person be detained for any period not

exceeding two years.



  (2) In subsection (1) "essential services" means any service,

business, trade, undertaking, manufacture or occupation

included in the Third Schedule.



  (3) Every person detained in pursuance of a detention

order shall be detained in such place (hereinafter referred

to a place of detention) as the Minister may direct and

in accordance with any instructions issued by the Minister

and any rules made under subsection (4).



  (4) The Minister may by rules provide for the maintenance

and management of places of detention end for the discipline

and treatment of persons detained therein, and may make

different rules for different places of detention.



  (5) If the Minister is satisfied that for any of the purposes

mentioned in subsection (1) it is necessary that control and

supervision should be exercised over any person or that

restrictions and conditions should be imposed upon that

person in respect of his activities, freedom of movement or

places of residence or employment, but that for that purpose

it is unnecessary to detain him, he may make an order

(hereinafter referred to as a restriction order) imposing

upon that person all or any of the following restrictions and

conditions:



    (a) for imposing upon that person such restrictions as

        may be specified in the order in respect of his

        activities and the places of his residence and

        employment;



    (b) for prohibiting him from being out of doors between

        such hours as may be specified in the order, except

        under the authority of a written permit granted by

        such authority or person as may be so specified;



    (c) for requiring him to notify his movements in such

        manner at such times and to such authority or

        person as may be specified in the order;



    (d) for prohibiting him from addressing public meetings

        or from holding office in, or taking part in the

        activities of or acting as adviser to, any organisation

        or association, or from taking part in any political

        activities; and



    (e) for prohibiting him from travelling beyond the

        limits of Malaysia or any part thereof specified in

        the order except in accordance with permission

        given to him by such authority or person as may

        be specified in such order.



  (6) Every restriction order shall continue in force for

such period, not exceeding two years, as may be specified

therein, and may include a direction by the Minister that

the person in respect of whom it is made shall enter into

a bond with or without sureties and in such sum as may be

specified for his due compliance with the restrictions and

conditions imposed upon him.



  (7) The Minister may direct that the duration of any

detention order or restriction order be extended for such

further period, not exceeding two years, as he may specify,

and thereafter for such further periods, not exceeding two

years at a time, as he may specify, either-



    (a) on the same grounds as those on which the order

        was originally made;



    (b) on grounds different from those on which the

        order was originally made; or



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

        grounds:



   Provided that if a detention order is extended on different

grounds or partly on different grounds the person to whom

it relates shall have the same rights under section 11 as if

the order extended as aforesaid was a fresh order, and

section 12 (1) shall apply as if for the words "such person

was detained" the words "his detention order was extended"

were substituted.



  (8) The Minister may from time to time by notice in

writing served on a person who is the subject of a restriction

order vary, cancel or add to any restrictions or conditions

imposed upon that person by that order, and the restrictions

or conditions so varied and any additional restrictions or

conditions so imposed shall, unless sooner cancelled,

continue in force for the unexpired portion of the period

specified under subsection (6) or (7).



*8A. No detention order shall be invalid or

        inoperative by reason-



           (a) that the person to whom it relates-



                (i) was immediately after the making

                    of the detention order detained in

                    any place other than a place of

                    detention referred to in section 8

                    (3);



               (ii) continued to be detained

                    immediately after the making of

                    the detention order in the place in

                    which he was detained under

                    section 73 before his removal

                    to a place of detention referred to

                    in section 8 (3), notwithstanding

                    that the maximum period of such

                    detention under section 73 (3)

                    had expired; or



              (iii) was during the duration of the

                    detention order on journey in

                    police custody or any other

                    custody to a place of detention

                    referred to in section 8(3); or



           (b) that the detention order was served on

               him at any place other than the place of

               detention referred to in section 8(3), or

               that there was any defect relating to its

               service upon him.".



[*Inserted by the Internal Security (Amendment) Act 1988 -

  for full text of this amending Act, see below.]



**8B. (1) There shall be no judicial review in

        any court of, and no court shall have or

        exercise any jurisdiction in respect of, any act

        done or decision made by the Yang di-Pertuan

        Agong or the Minister in the exercise of their

        discretionary power in accordance with this

        Act, save in regard to any question on

        compliance with any procedural requirement

        in this Act governing such act or decision.



           (2) The exception in regard to any question

         on compliance with any procedural

         requirement in subsection (1) shall not apply

         where the grounds are as described in section

         8A.



      **8C. In this Act, "judicial review" includes

        proceedings instituted by way of-



           (a) an application for any of the

               prerogative orders of mandamus,

               prohibition and certiorari;



           (b) an application for a declaration or an

               injunction;



           (c) a writ of habeas corpus; and



           (4) any other suit, action or other legal

               proceedings relating to or arising out of

               any act done or decision made by the

               Yang di-Pertuan Agong or the Minister

               in accordance with this Act.



      **8D. (1) Sections 8B and 8C shall apply to any

        proceedings instituted by way of judicial

        review of any act done or decision made by

        the Yang di-Pertuan Agong or the Minister

        under this Act, whether such proceedings

        were instituted before or after the coming into

        force of the Internal Security (Amendment)

        Act 1969.



             (2) A reference to proceedings in

        subsection (1) shall not include a reference to

        proceedings which had concluded and in

        respect of which final decision of the court had

        been given before the coming into force of the

        Internal Security (Amendment) Act 1989, or

        to any appeal or application to appeal against

        such final decision.".



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

     - for full text of this amending Act, see below.]



 9. (Repealed)



10. Suspension of detention orders.



  (1) The Minister may at any time direct that the

operation of any detention order be suspended subject to

all or any of the restrictions and conditions which he is

empowered by section 8(5) to impose by a restriction order,

and subject, if the Minister so directs, to the requirement

that the person against whom the detention order was made

shall enter into a bond as provided in section 8 (6).



  (2) Where a detention order is suspended as aforesaid

section 8 (8) shall have effect as if the restrictions and

conditions on which the detention order is suspended were

restrictions and conditions imposed by a restriction order.



  (3) Where a detention order is suspended as aforesaid the

Minister may permit the person against whom the detention 

order was made to return to the country to which, he belongs

or to go to any other country of his choice provided that

the Government of that other country consents to receive

him.



  (4) The Minister may revoke the suspension of any

detention order if he is satisfied that the person against

whom the detention order was made has failed to observe

any restriction or condition imposed upon him or that it

is necessary in the interests of security that the suspension

should be revoked, and in any such case the revocation of

the suspension shall be sufficient authority to any police

officer to re-arrest without warrant the person against whom

the detention order was made, and that person shall as soon

as practicable be returned to his former place of detention

or, if the Minister so directs, sent to another place of

detention.



  (5) The suspension of any detention order as aforesaid

shall, subject to section 8 (8) as applied by subsection (2)

and subject also to subsection (4), continue in force for the

unexpired portion of the period of the detention order

specified under section 8 (6) or (7).



11. Representations against detention order



    (1) A copy of every order made by the Minister under

section 8 (1) shall as soon as may be after the making thereof

be served on the person to whom it relates, and every such

person shall be entitled to make representations against the

order to an Advisory board.



  (2) For the purpose of enabling a person to make

representations under subsection (1) be shall, at the time of the

service on him of the order -



    (a) be informed of his right to make representations to

        an Advisory Board under subsection (1); and



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

        writing-



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



          (ii) of the allegations of fact on which the order

               is based; and



         (iii) of such other particulars, if any, as he may in

               the opinion of the Minister reasonably require

               in order to make his representations against

               the order to the Advisory Board.



  (3) The Yang di-Pertuan Agong may make rules as to the

manner in which representations may be made under this

section and for regulating the procedure of Advisory Boards.



12. Report of Advisory Board.



   (1) Whenever any person has made any representations

under section 11 (1) to an Advisory Board, the Advisory

Board shall, within three months of the date on which the

person was detained, consider the representations and make

recommendations thereon to the Yang di-Pertuan Agong.



  (2) Upon considering the recommendations of the

Advisory Board under this section the Yang di-Pertuan

Agong may give the Minister such directions, if any, as he

shall think fit regarding the order made by the Minister;

and every decision of the Yang di-Pertuan Agong thereon

shall, subject to section 13, be final, and shall not be called

into question in any court.



  [Section 12 has been amended by the Internal Security (Amend-

  ment) Act 1988 by:



  substituting the words "representations are received by

  it, or within such longer period as the Yang di-Pertuan

  Agong may allow" for the words "person was

  detained" in subsection' (1).]



13.Review.



   (1) Every order or direction made or given by the

Minister under section 8 (1), (5) or (7) or under section 10

shall, so long as it remains in force, be reviewed not less

often than once in every six months by an Advisory Board:



   Provided that in the case of a detention order against

which representations have been made the first of such

reviews, whether of a detention order made under section

8 (1) or of a detention order extended under section 8 (7) to

which the proviso to the last mentioned subsection applies,

shall be held not later than six months after the completion

of the hearing of the representations by the Advisory Board

to which they were made.



  (2) The Advisory Board shall on completing every review

under subsection (1) forthwith submit to the Minister a

written report of every such review, and may make therein

such recommendations as it shall think fit.



14. Power to summon witnesses.



    Every Advisory Board shall, for the purposes of this

Act, but subject to section 16, have all the powers of a court

for the summoning and examination of witnesses, the

administration of oaths or affirmations, and for compelling

the production of documents.



15. Member of Advisory Board deemed to be a public

    servant.



    Every member of an Advisory Board shall be deemed

to be a public servant within the meaning of the Penal Code,

and shall have in case of any action or suit brought against

him for any act done or omitted to be done in the execution

of his duty under this Chapter the like protection and

privileges as are by law given to a Judge in the execution

of his office.



16. Disclosure of Information.



    Nothing in this Chapter or in any rules made thereunder

shall require the Minister or any member of an

Advisory Board or any public servant to disclose facts or

to produce documents which he considers it to be against

the national interest to disclose or produce.



17. Power to order removal.



    (1) The Minister may by order direct the removal of

any person detained in pursuance of this Chapter from any

place of detention in Malaysia to another place of detention

in Malaysia to be specified in the order, and may by arrangement

with the Government of Singapore direct the removal

of any such person (not being a citizen) to Singapore, to be

there detained for the whole or any part or parts of the

period for which it has been ordered that the person shall

be detained.



  (2) Any person in course of removal under subsection (1)

shall be deemed to be in lawful custody.



18. Power to order production of detained person.



    (1) On proof to his satisfaction that the presence at

any place of any person detained under this Chapter, or

lawfully in the custody of the police or confined in any

prison whether in pursuance of this Chapter or under an

order of any court or otherwise howsoever, and notwithstanding

any order of any court or other authority whatsoever,

is required in the interests of justice, or for the purpose

of any public or other inquiry, or in the national interest,

or in the interests of the person detained, in custody or

confined, the Minister may order that such person be taken

to that place.



  (2) Any person in course of being taken to any place in

pursuance of subsection (1) and whilst at such place shall be

kept in such custody as the Minister may direct and whilst

in that custody shall be deemed to be in lawful custody.



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



    (I) Any document which purports to be a warrant or

an order made in Singapore under any written law in force

in Singapore and similar or equivalent to section 8 and

which has been received from any police officer or other

Government officer of Singapore shall be enforceable as if

it were an order which had been duly made under section 8,

and if the person named therein enters or is within Malaysia

shall be enforced accordingly by arrest and detention under

this Chapter



   Provided that no such document shall be so enforceable

unless the Minister shall have signified his approval thereto

by endorsement thereon.



  (2) Where any person is arrested under this section he

shall be returned in custody to Singapore unless the Minister

is satisfied that there are special circumstances which warrant

his detention in Malaysia.



  (3) Without prejudice to section 8, where any person

arrested and detained under this section satisfies the Minister

that he is a citizen such person shall be forthwith released.



  (4) Whenever a request is made by a Minister of the

Government of Singapore that a person detained in

Singapore under any written law in force in Singapore and

similar or equivalent to section 8 should be transferred to

Malaysia there to be detained, the Minister may direct that

such person, when delivered up in Malaysia by the Government

of Singapore, be received into the custody of such

police officers as the Inspector-General shall appoint for the

purpose; and such person shall thereafter be detained in

Malaysia, as if the order under which he was detained in

Singapore had been duly made under section 8:



  Provided that a copy of any objection made by that

person against the order for his detention shall he lodged

by the Minister with the appropriate authority in Singapore,

and that person shall for the purpose of prosecuting his

objection be returned to the custody of the appropriate

police officers of Singapore.



  (5) The Minister may, either at the request of a Minister of

the Government of Singapore or otherwise, order any person

who is not a citizen and who is detained in Malaysia under

subsection (4) to be returned to Singapore, and may for that

purpose direct such person to be delivered into the custody

of police officers of Singapore.



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



20. Enforcement of orders issued in Singapore.



    (1) Any person who is not a citizen and who has been

lawfully ordered to leave and remain out of Singapore is,

unless the Minister shall otherwise direct, prohibited from

entering or residing in Malaysia so long as the order ordering

him to leave and remain out of Singapore remains in force;

and such person brought in custody to Malaysia may be

detained in custody by any police officer or immigration

officer in such place as the Minister may direct until lie can

conveniently be placed on board any ship, train, motor

vehicle or aircraft, and any such person may be lawfully

detained on board so long as such conveyance is within the

territories and territorial waters of Malaysia.



  (2) Except in the case of a citizen or a person detained

under subsection (1), any person who having left Singapore

in pursuance of any lawful order enters Malaysia. or is

found therein whilst such order is in force shall be guilty

of an offence and, whether or not a prosecution for that

offence has been instituted against him, may be detained on

board any ship, train, motor vehicle or aircraft for the

purpose of removing him from Malaysia.



  (3) Any person who has been detained in accordance with

subsection (1) or (2) shall be deemed to be in lawful custody.



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



21. Saving in respect of prosecution of persons detained.



    The detention of any person under this Chapter shall

be without prejudice to the taking of any criminal proceeding

against that person, whether during or after the period

of his detention.



                          CHAPTER III



     Special Powers relating to Subversive Publications, etc.



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

    publications.



    (1) Where it appears to the Minister charged with

responsibility for printing presses and publications that any

document or publication -



    (a) contains any incitement to violence;



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

        order;



    (c) is calculated or likely to lead to a breach of the

        peace, or to promote feelings of hostility between

        different races or classes of the population; or

        is prejudicial to the national interest, public order,

        or security of Malaysia,



he may by order published in the Gazette prohibit either

absolutely or subject to such conditions as may be prescribed

therein the printing, publication, sale, issue, circulation or

possession of such document or publication.



  (2) An order under subsection (1) may, If the order so

provides, be extended so as-



    (a) in the case of a periodical publication, to prohibit

        the publication, sale, issue, circulation, possession

        or importation of any past or future issue thereof:

        and



    (b) in the case of a publication which has or appears

        or purports to have issued from a specified publishing

        house, agency or other source, to prohibit the

        publication, sale, issue, circulation or importation

        of any other publication which may at any time

        whether before or after the date of the order have

        or appear or purport to have issued from the

        specified publishing house, agency or other source.



23. Objections against orders under section 22.



   The proprietor or a agent in Malaysia of the proprietor

of any publication which is the subject of an order under

section 22 may, within one month of the date of publication

of the order in the Gazette, make an objection against the

order to the Yang di-Pertuan Agong, whose decision thereon

shall be final and shall not be called into question in any

Court.



24. Printing publishing, etc., in contravention of order

    under section 22.



   Any person who prints, publishes, sells, issues, circulates

or reproduces a document or publication which is the

subject of an order under section 22, or any extract therefrom,

shall be guilty of an offence and shall, on conviction,

be liable to a fine not exceeding two thousand dollars or

to imprisonment for a term not exceeding three years or

to both:



  Provided that no person shall be convicted of an offence

under this section if he proves to the satisfaction of the

court that the document or publication in respect of which

he is charged was printed, published, sold, issued, circulated

or reproduced, as the case may be, without his authority,

consent and knowledge, and without any want of due care

or caution on his part, and that he did not know and had

no reason to suspect the nature of the document or

publication.



25. Possession of documents, etc., in contravention of

    order under section 22.



    (1) Any person who without lawful excuse has in his

possession any document or publication the possession of

which is prohibited by an order under section 22, or any

extract therefrom, shall be guilty of an offence and shall,

on conviction, be liable in respect of a first offence to a

fine not exceeding one thousand dollars or to imprisonment

for a term not exceeding one year or to both and, in respect

of a subsequent offence, to imprisonment for a term not

exceeding two years.



  (2) In any proceedings against any person for an offence

against this section the person shall be presumed, until the

contrary is proved, to have known the contents and the

nature of the contents of any document or publication

immediately after the document or publication came into

his possession.



26. Importation in contravention of order under section 22



    Any person who imports or attempts to import or abets

the importation of any document or publication or without

lawful excuse has in his possession any document or publication

imported in contravention of an order under section

22 shall be guilty of an offence and shall, on conviction,

he liable in respect of a first offence to a fine not exceeding

one thousand dollars or to imprisonment for a term not

exceeding two years or to both and, in respect of a

subsequent offence, to imprisonment for a term not

exceeding three years.



27. Posting of placards, etc.



    Any person who posts or distributes any placard,

circular or other document containing any incitement to

violence, or counselling disobedience to the law or to any

lawful order, or likely to lead to any breach of the peace,

shall be guilty of an offence.



28. Dissemination of false reports.



    Any person who, by word of mouth or in writing or

in any newspaper, periodical, book, circular or other printed

publication or by any other means spreads false reports or

makes false statements likely to cause public alarm, shall be

guilty of an offence.



29. Possession of subversive documents.



    (1) Any person who without lawful excuse carries or

has in his possession or under his control any subversive

document shall be guilty of an offence and shall, on

conviction, be liable to a fine not exceeding ten thousand

dollars or to imprisonment for a term not exceeding five

years or to both.



  (2) Any person or any office bearer of any association or

any responsible member or agent of any organisation who

receives any subversive document shall deliver the same

without delay to a police officer; and any person, office

bearer, member or agent who fails to do so, or who, unless

authorized so to do by a police officer not below the rank

of Superintendent of Police, communicates to any other

person, or publishes or causes to be published the contents

of any such document, shall be guilty of an offence

and shall, on conviction, be liable to a fine not exceeding

ten thousand dollars or to imprisonment for a term not

exceeding five years or to both.



  (3) In this section "subversive document" means any

document having in part or in whole a tendency-



    (a) to excite organised violence against persons or

        property in Malaysia;



    (b) to support, propagate or advocate any act prejudicial

        to the security of Malaysia or the maintenance

        or restoration of public order therein or inciting to

        violence therein or counselling disobedience to the

        law thereof or to any lawful order therein; or



    (c) to invite, request or demand support for or on

        account of any collection, subscription, contribution

        or donation, whether in money or in kind, for the

        direct or indirect benefit or use of persons who

        intend to act or are about to, act, or have acted, in

        a manner prejudicial to the security of Malaysia or

        to the maintenance of public order therein, or who

        incite to violence therein or counsel disobedience to

        the law thereof or any lawful order therein.



  (4) Every document purporting to be a subversive document

shall be presumed to be a subversive document until

the contrary is proved; and where in any prosecution under

this section it is proved that a person was carrying or had

in his possession or under his control a subversive document

he shall be deemed to have known the contents and the

nature of the contents of such document:



  Provided that no person shall be convicted of an offence

under this section if he proves to the satisfaction of the

court -



    (a) that he was not aware of the contents and the nature

        of the contents of the subversive document which

        he was carrying or had in his possession or under

        his control; and



    (b) that he was carrying or had the subversive document

        in his possession or under his control in such

        circumstances that at no time did he have reasonable

        cause to believe or suspect that the document

        was a subversive document.



30. Powers of search and seizure of documents.



    (1) Any police officer not below the rank of Inspector

may, without warrant and with or without assistance -



    (a) enter and search any premises; or



    (b) stop and search any vehicle, vessel, train, aircraft or

        individual, whether in a public place or not,



if he suspects that any document, publication, material or

article being evidence of the commission of an offence

against this Chapter is likely to be found in that vehicle,

vessel, train, aircraft or on that individual, and may seize

any document, publication, material or article so found.



  (2) Any document, publication, material or article seized

under subsection (1) shall be destroyed or otherwise disposed

of in such manner as the Inspector-General may order.



  (3) The Inspector-General shall, on making an order

under subsection (2), if he has reason to believe that the

owner, or person who was in possession immediately before

the document, publication, material or article was seized,

is in Malaysia, cause a notice to be served on that person

informing him of the terms of the order.



  (4) Any person aggrieved by an order made under sub-

section (2) may appeal against the order to the Minister:



  Provided that no appeal against an order shall be allowed

unless notice of appeal in writing, together with the reasons

for the appeal, is given to the Inspector-General and to the

Minister within fourteen days of service of notice of the

order under subsection (3).



  (5) Where an order has been made under subsection (2)

it shall only be carried into effect if the order has not been

appealed against or if any appeal against the order has been

dismissed or abandoned.



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

by a woman.



31. Disposal of subversive documents, etc.



   (1)  Where proceedings are taken in respect of, any

offence against this Chapter the court by or before which

the alleged offender is tried shall, on the request of any

police officer not below the rank of Assistant Superintendent,

on the final determination of those proceedings order that

any document, publication, material or article being an

exhibit in the proceedings be delivered to the officer for

disposal under section 30(2).



  (2) For the purpose of this section proceedings shall not

be deemed to have been finally determined so long as there

is any appeal pending in the matter of the proceedings; and

an appeal in the matter shall be deemed to be pending

during the ordinary time within which an appeal may be

lodged, and if an appeal be duly lodged the appeal shall be

deemed to be pending until it is decided or withdrawn.



                        CHAPTER IV



        Control of Entertainments and Exhibitions



32. Power to require information.



    (1) The promoter and every person concerned in the

promotion of any entertainment or exhibition and the

proprietor of any premises upon which any such entertainment

or exhibition is held or is intended to be held shall

upon the order in writing of the Minister or of any officer

authorized by the Minister in that behalf furnish to the

Minister or the officer such information as he may specify

relating to the following matters:



    (a) particulars of persons concerned in the promotion

        of the entertainment or exhibition and the interests

        represented by those persons;



    (b) particulars of the persons who have agreed to

        participate or have participated in the entertainment

        or exhibition or have been invited to do so and the

        interests represented by those persons;



    (c) the purposes to which any profits from the entertainment

        or exhibition are intended to be or have

        been applied; and



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



  (2) Any person furnishing as true information required

under subsection (1) which he knows or has reason to believe

to be false or incomplete shall be guilty of an offence and

shall, on conviction, be liable to the penalties set out in

section 41.



  (3) In the event of any entertainment or exhibition in

respect of which information has been furnished under sub-

section (1) being conducted in any manner contrary to the

information so furnished the person by whom the information

was furnished shall be guilty of an offence and shall,

on conviction, be liable to the penalties set out in section 41.



33. Power to impose conditions



    (1) The Minister may, if he is satisfied that it is

necessary to do so in order to ensure that any entertainment

or exhibition shall not be on entertainment or exhibition

to which section 35 would apply, by order in writing require

the promoter and every person concerned in the promotion

of the entertainment or exhibition and the proprietor of

any premises upon which any such entertainment or exhibition

is held or is intended to be held to observe such

conditions relating to the holding of the entertainment or

exhibition as he may specify.



  (2) Every person who commits any breach of or fails to

comply with, any condition imposed under subsection (1)

shall he guilty of an offence and shall, on conviction, be

liable to the penalties set out in section 41:



  Provided that no person shall be convicted of an offence

under this section if he proves that the breach of or failure

to comply with the conditions in respect of which he is

charged was done without his authority, consent and knowledge,

and without any want of due care or caution on his

part.



  (3) The Minister may, if in any particular case he shall

think it necessary, require any person in respect of whom

an order under subsection (1) has been made to enter into

a bond, with or without sureties, in such sum as the Minister

may direct, that the conditions contained in the order shall

be observed.



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

    or exhibition.



    (1) The promoter and every person concerned in the

promotion of any entertainment or exhibition which is the

subject of an order under section 33 and the proprietor of

any premises upon which any such entertainment or

exhibition is held shall severally, and either personally or by

a duly authorised agent approved in that behalf by a police

officer not below the rank of Inspector, be present throughout

the period of every performance or display of every

such entertainment or exhibition.



  (2) The Minister may by writing exempt any person

either absolutely or subject to such conditions as the Minister

may prescribe from the provisions of sub-section (1).



35. Power to prohibit certain entertainments or exhibitions



    (1) The Minister may by order prohibit the holding

of or may direct the closing of any entertainment or

exhibition-



    (a) if he is satisfied that the entertainment or exhibition

        is or is likely to be in any way detrimental to the

        national interest;



    (b) if there has been in respect of the entertainment or

        exhibition any refusal of or failure to furnish any

        information required to be furnished under section

        32, or if any information so furnished shall be false

        or incomplete; or



    (c) if there has been in respect of the entertainment or

        exhibition any breach of or failure to comply with

        any condition imposed under section 33.



  (2) The promoter and every person concerned in the promotion

of any entertainment or exhibition which is held or

continued in contravention of an order under subsection (1)

and the proprietor of any premises upon which the exhibition

is held shall be guilty of an offence and shall, on

conviction, be liable to the penalties set out in section 41:



  Provided that no person shall be convicted of an offence

under this section if he proves that the entertainment or

exhibition in respect of which he is charged was promoted

or continued without his authority, consent and knowledge

and without any want of due care or caution on his part.



36. Powers of entry and investigation.



    (1) Any police officer not below the rank of Inspector

or any person authorized by the Minister in writing in that

behalf may without warrant enter any premises upon which

any entertainment or exhibition is being held or is intended

to be held with a view to ascertaining whether the provisions

of this Chapter or of any order made thereunder are being

complied with, and may make such investigation and

inspection of the premises and call upon any person to

produce such articles, books, accounts, tickets or other

documents or things and to furnish any information as that

officer or person may consider necessary for the purpose:



  Provided that any person not in uniform purporting to

exercise any powers under this subsection shall on demand

produce his written authority to exercise these powers to

any person lawfully demanding the same.



  (2) Any person who -



    (a) obstructs any officer or authorized person lawfully

        exercising any powers conferred on him by or under

        subsection (1) in entering or inspecting any premises

        or delays to produce any articles, books, accounts

        or other documents or things which he ,has been

        called upon by the officer or authorized person to

        produce and which are or ought to be in the ordinary

        course of business in his power to produce;



    (b) refuses to furnish any information which he may be

        required to furnish by the officer or authorized

        person or who, being required to furnish information

        by the officer or authorized person, furnishes false

        or misleading information; or



    (c) obstructs the seizure of any document or other thing

        under section 38, or the closure of any entertainment

        or exhibition under section 39,



shall be guilty of an offence and shall, on conviction, be

liable to the penalties set out in section 41.



37. Search.



    (1) Any officer or person authorized to exercise the

powers of entry or investigation under section 36 may

without warrant and with or without assistance enter any

premises if he considers it to be necessary and has reason

to believe that an offence under this Chapter or any order

made thereunder has been committed and may search the

place and any person whom he reasonably believes to he

concerned in the management or promotion of any entertainment

or exhibition or to be a servant or agent of the promoter

or of the proprietor of these premises.



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

by a woman.



38. Powers of seizure.



    Any officer or person authorized to exercise the powers

of entry or investigation under section 36 may seize any

document or other thing in respect of which he reasonably

believes an offence to have been committed under this

Chapter or any order made thereunder or which be

reasonably believes to be or to contain evidence relating to

such an offence:



  Provided that nothing in this section shall be deemed to

affect the powers of a police officer under the Criminal

Procedure Code.



39. Powers of closure.



    Any officer or person authorized to exercise the powers

of entry or investigation under section 36 may, without

prejudice to the exercise of the powers conferred on him by

that section, forthwith take such steps as he may consider

necessary to close any entertainment or exhibition which he

is satisfied is kept open in contravention of any order under

section 33 or 35.



40. Liability of principal for acts of servant.



    For the purposes of this Chapter and any orders made

thereunder every person shall be liable for every act,

omission, neglect or default of any agent or servant

employed by him, as fully and effectually as if the act, omission,

neglect or default were done or committed by the person;

but so that nothing in this section shall affect the liability

of the agent or servant, and provided that the liability of a

principal shall not extend to imprisonment unless he is

privy to the offence.



41. Other offences against this Chapter and abetment.



    Any person who contravenes or fails to comply with

any provision of this Chapter or any order made or any

condition imposed thereunder, or abets the contravention

or failure, shall be guilty of an offence and shall, on

conviction, be liable to a fine not exceeding ten thousand

dollars or to imprisonment for a term not exceeding three

years or to both.a