LAWS OF MALAYSIA REPRINT Act 82 INTERNAL SECURITY ACT 1960 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia 2 ACT 82 INTERNAL SECURITY ACT 1960 First enacted ... ... ... ... ... ... 1960 (Act No. 18 of 1960) Revised ... ... ... ... ... ... 1972 (Act 82 w.e.f. 1 August 1972) PREVIOUS REPRINTS First Reprint ... ... ... ... ... 1994 Second Reprint ... ... ... ... ... 1999 Internal Security 3 LAWS OF MALAYSIA Act 82 INTERNAL SECURITY ACT 1960 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II GENERAL PROVISIONS RELATING TO INTERNAL SECURITY CHAPTER I Prohibition of Organizations and Associations of a Political or Quasi-Military Character and Uniforms, etc. 3. Prohibition of uniforms of political or quasi-military organisations 4. Penalty 5. Prohibition of quasi-military organisations 6. Illegal drilling Prohibition of uniforms, emblems, etc. 7. CHAPTER II Powers of Preventive Detention 8. Power to order detention or restriction of persons 8A. Detention order not to be invalid or inoperative on certain grounds 8B. Judicial review of act or decision of Yang di-Pertuan Agong and Minister Laws of Malaysia 4 ACT 82 Section 8C. Interpretation of "judical review" 8D. Commencement of sections 8B and 8C (Deleted) 9. 10. Suspension of detention orders 11. Representations against detention order 12. Report of Advisory Board 13. Review 14. Power to summon witnesses 15. Member of Advisory Board deemed to be a public servant 16. Disclosure of information 17. Power to order removal 18. Power to order production of detained person Enforcement of warrants, etc., made in Singapore 19. 20. Enforcement of orders issued in Singapore 21. Saving in respect or prosecution of persons detained CHAPTER III Special Powers Relating to Subversive Publications, etc. Prohibition of printing, sale, etc., of documents and publications 22. 23. Objections against orders under section 22 Printing, publishing, etc., in contravention of order under section 22 24. P o s s e s s i o n of documents, etc ., in contravention of order under 25. section 22 26. Importation in contravention of order under section 22 Posting of placards, etc. 27. 28. Dissemination of false reports 29. Possession of subversive documents 30. Powers of search and seizure of documents Disposal of subversive documents, etc. 31. CHAPTER IV Control of Entertainments and Exhibitions 32. Power to require information 33. Power to impose conditions Promoter, etc., to be in attendance at entertainment or exhibition 34. 35. Power to prohibit certain entertainments or exhibitions Internal Security 5 Section 36. Powers of entry and investigation 37. Search 38. Powers of seizure 39. Powers of closure 40. Liability of principal for acts of servant 41. Other offences against this Chapter and abetment CHAPTER V Other Powers for the Prevention of Subversion 41A. Powers relating to appointments 41B. Power to close schools or educational institutions 41C. Control of admission to institutions of higher education Powers in relation to pupils, etc., visiting Malaysia 42. CHAPTER VI Miscellaneous 43. Attempts to commit offences and assisting offenders 44. Other offences under this Part and abetment 44A. General penalty under this Part 45. Arrest 46. Enforcement of bonds PART III SPECIAL PROVISIONS RELATING TO SECURITY AREAS CHAPTER I Proclamation of Security Areas 47. Proclamation of security areas CHAPTER II Powers Relating to Preservation of Public Security 48. Danger areas 49. Controlled areas 50. Protected place 51. Exclusion of persons Laws of Malaysia 6 ACT 82 Section 52. Curfew 53. Power to take possession of land or buildings 54. Power to order destruction of certain unoccupied buildings Power to control roads, etc. 55. 56. Power to seize rice and other food CHAPTER III Offences Relating to Security Areas 57. Offences relating to firearms, ammunition and explosives 58. Consorting with person carrying or having possession of arms or explosives 59. Supplies 60. Failure to report offences or to give information 61. Attempt to commit offences 62. Assisting offenders 63. Other offences under this Part and abetment 63A. General penalty under this Part CHAPTER IV Powers of Police and others 64. Arrest 65. Powers of search Power to dispense with inquests, etc. 66. 67. Medical officers of armed forces to be regarded as Government medical officers for purpose of inquiries CHAPTER V General 68. Compensation 69. Application of section 94 of the Penal Code 70. Extension of right of private defence Internal Security 7 CHAPTER VI Power to make Regulations Section 71. Power to make regulations PART IV MISCELLANEOUS PROVISIONS 72. Seizability and bailability of offences 73. Power to detain suspected persons 74. Use of lethal weapons in effecting arrests 75. Admission of statements in evidence 76. Inspection of bankers' books 77. Disposal of property 78. Registration of persons arrested or detained 79. Jurisdiction of courts 80. Restriction of prosecution 81. Publicity of orders 82. Saving Amendment, etc., of Schedules 83. (Omitted) 84. 85. Transitional provisions FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE Laws of Malaysia 8 ACT 82 Internal Security 9 LAWS OF MALAYSIA Act 82 INTERNAL SECURITY ACT 1960 An Act to provide for the internal security of Malaysia, preventive detention, the prevention of subversion, the suppression of organized violance against persons and property in specified areas of Malaysia, and for matters incidental thereto. [Peninsular Malaysia--1 August 1960, Act 18 of 1960; Sabah, Sarawak*--16 September 1963, L.N. 232/1963;] 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, 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 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: PART I PRELIMINARY Short title This Act may be cited as the Internal Security Act 1960. 1. *NOTE--Modification to Federal Territory of Labuan shall come into force on 16-04-1984 ­see P.U. (A) 198/1984. Laws of Malaysia 10 ACT 82 Interpretation In this Act, unless the context otherwise requires-- 2. "Advisory Board" means an advisory board constituted under Article 151(2) of the Federal Constitution; "ammunition" means ammunition for any firearm as hereafter defined and includes grenades, bombs and other like missiles whether capable of use with such a firearm 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 Act 1957 [Act 207], and includes any substance deemed to be an explosive under that Act; Internal Security 11 "firearm" 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; " p e r i o d i c a l 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 [Act 344]; "police officer" includes a reserve police officer, an auxilliary 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 organized or having its headqurters outside Malaysia, the officials 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; Laws of Malaysia 12 ACT 82 "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 [G.N. 1694 of 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 [Act 432], 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, firearms, 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 firearm, 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 firearm, ammunition or explosive without lawful authority therefor; or Internal Security 13 (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 I Prohibition of Organizations and Associations of a Political or Quasi-Military Character and Uniforms, etc. Prohibition of uniforms of political or quasi-military organizations 3.  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 organization or with the promotion of any political object; or (b) any uniform, dress or emblem by members or adherents of any organization or association specified or described in the order, whether incorporated or not-- (i) when, in the opinion of the Minister, members of that organization or association are organized 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 organization or association are organized 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 organized or trained or equipped for that purpose. Laws of Malaysia 14 ACT 82 Penalty 4.  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 ringgit or to imprisonment for a term not exceeding one year or to both. Prohibition of quasi-military organisations 5. (1) If the members or adherents of any association of persons, whether incorporated or not, are-- (a) organized 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) organized 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 ringgit 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 ringgit 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. Internal Security 15 (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 organized 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 authorizing 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 Laws of Malaysia 16 ACT 82 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. Illegal drilling 6. (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 (b) 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 ringgit 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 Internal Security 17 present in Malaysia under any law for the time being in force relating to visiting forces or of any organization 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 organization 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 ringgit or to imprisonment for a term not exceeding five years or to both. Prohibition of uniforms, emblems, etc. 7. (1) The Minister may, if he 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 an 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 Power to order detention or restriction of persons 8. *(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. *NOTE--See Commissioner's Note on page 70. Laws of Malaysia 18 ACT 82 (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 as "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 and 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 organization 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. Internal Security 19 (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 shall apply accordingly. (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). Detention order not to be invalid or inoperative on certain grounds No detention order shall be invalid or inoperative by reason-- 8A. (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 subsection 8(3); Laws of Malaysia 20 ACT 82 (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 subsection 8(3), notwithstanding that the maximum period of such detention under subsection 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 subsection 8(3); or (b) that the detention order was served on him at any place other than the place of detention referred to in subsection 8(3), or that there was any defect relating to its service upon him. Judicial review of act or decision of Yang di-Pertuan Agong and Minister 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. Interpretation of "judicial review" 8C.  In this Act, "judicial review" includes proceedings instituted by way of-- (a) an application for any the prerogative orders of mandamus, prohibition and certiorari; (b) an application for a declaration or an injunction; (c) a writ of habeas corpus; and (d) 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. Internal Security 21 Commencement of sections 8B and 8C 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 1989 [Act A739]. (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. (Deleted by Act A61). 9. Suspension of detention orders 10. (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 subsection 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 subsection 8(6). (2) Where a detention order is suspended as aforesaid subsection 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 Laws of Malaysia 22 ACT 82 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 subsection 8(8) as applied by subsection (2) and subject also to subsection (4), continue in force for the unexpired portion o f the period of the detention order specified under subsection 8(6) or (7). Representations against detention order 11. (1) A copy of every order made by the Minister under subsection 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) he 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. Internal Security 23 Report of Advisory Board 12. (1) Whenever any person has made any representations under subsection 11(1) to an Advisory Board, the Advisory Board shall, within three months of the date on which the representations are received by it, or within such longer period as the Yang di-Pertuan A g o n g may allow, 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 o r d e r 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. Review 13. *(1) Every order or direction made or given by the Minister under subsection 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 subsection 8(1) or of a detention order extended under subsection 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. Power to summon witnesses 14.  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. *NOTE--This subsection was introduced by Act A61 and comes into force on 01-09-1972 until which date the following provision which was introduced by Ordinance No. 4 of 1969 [P.U. (A) 186/1969] applies: "(1) Every order made by the Minister under paragraph 8(1)(a) may, so long as it shall remain in force, be reviewed from time to time by an Advisory Board at the discretion of the Chairman thereof." Laws of Malaysia 24 ACT 82 Member of Advisory Board deemed to be a public servant 15.  Every member of an Advisory Board shall be deemed to be a public servant within the meaning of the Penal Code [Act 574], 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. Disclosure of information 16.  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. Power to order removal 17. (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 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. Power to order production of detained person 18. (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. Internal Security 25 (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. Enforcement of warrants, etc., made in Singapore 19. (1) 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 be 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. Laws of Malaysia 26 ACT 82 (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 Sabah and Sarawak*. Enforcement of orders issued in Singapore 20. (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 he 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 Sabah and Sarawak*. Saving in respect of prosecution of persons detained 21.  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. *NOTE--Reference to "Sabah and Sarawak" shall be construed as including references to "the Federal Territory of Labuan"­see P.U. (A) 198/1985. Internal Security 27 Chapter III Special Powers Relating to Subversive Publications, etc. Prohibition of printing, sale, etc., of documents and publications 22. (1) Where it appears to the Minister charged with responsibility f o r 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 (d) 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 p u b l i c a t i o n , 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. Objections against orders under section 22 23.  The proprietor or 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 Laws of Malaysia 28 ACT 82 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. Printing, publishing, etc., in contravention of order under section 22 24.  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 ringgit 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. Possession of documents, etc., in contravention of order under section 22 25. (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 ringgit 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. Internal Security 29 Importation in contravention of order under section 22 26.  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, be liable in respect of a first o f f e n c e to a fine not exceeding one thousand ringgit 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. Posting of placards, etc. 27.  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. Dissemination of false reports 28.  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. Possession of subversive documents 29. (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 ringgit 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 organization 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 ringgit or to imprisonment for a term not exceeding five years or to both. Laws of Malaysia 30 ACT 82 (3)  In this section "subversive document" means any document having in part or in whole a tendency-- (a) to excite organized 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. Powers of search and seizure of documents 30. (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 Internal Security 31 (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 subsection (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. Disposal of subversive documents, etc. 31. (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 subsection 30(2). Laws of Malaysia 32 ACT 82 (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 Power to require information 32. (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 subsection (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. Internal Security 33 Power to impose conditions 33. (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 an 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 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 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. Promoter, etc., to be in attendance at entertainment or exhibition 34. (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