LAWS OF MALAYSIA
REPRINT
Act 344
POLICE ACT 1967
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
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Laws of Malaysia
ACT 344
POLICE ACT 1967
First enacted
... ... ... ... ... ... ...
1967 (Act No. 41 of
1967)
Revised
... ... ... ... ... ... ... ... 1988 (Act 344 w.e.f.
6 October 1988)
PREVIOUS REPRINT
First Reprint
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...
...
...
...
2001
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LAWS OF MALAYSIA
Act 344
POLICE ACT 1967
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and application
PART II
INTERPRETATION
2.
Interpretation
PART III
THE ROYAL MALAYSIA POLICE
3.
Constitution of the Police Force
4.
Control of the Force
5.
Appointment of Inspector General, etc.
6.
Control of Royal Malaysia Police in a State, etc.
7.
Employment of Force in time of emergency
PART IV
EXTRA POLICE OFFICERS AND WATCH
CONSTABLES
8.
Extra Police Officers
9.
Watch Constables
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ACT 344
PART V
SERVICE OUTSIDE MALAYSIA AND SERVICE OF
POLICE OF OTHER TERRITORIES IN MALAYSIA
Section
10.
The Yang di-Pertuan Agong may direct the Royal Malaysia Police to
serve outside Malaysia
11.
Officers serving outside Malaysia shall be subject to this Act
12.
Reciprocal treatment
PART VI
APPOINTMENT, SERVICE, ETC.
13.
Declaration by police officer on appointment
14.
Certificate of appointment
15.
Retirement or resignation in time of war or emergency
16.
Resignation while pending disciplinary proceedings
17.
Arms, accoutrements, etc., to be delivered up on ceasing to belong to
the Force
18.
Police officers subject to provisions applicable to public officers
PART VII
DUTIES AND POWERS OF POLICE OFFICERS
19.
Police officer to be deemed on duty
20.
General duties of police officers
21.
Duty on public roads
22.
Unclaimed property
23.
Unclaimed estates
24.
Power of police officers to inspect licences, vehicles, etc.
25.
Power to detain and search aircraft
26.
Power to erect road barriers
27.
Power to regulate assemblies, meetings and processions
27A. Power to stop certain activities which take place other than in a public
place
27B. Use of force in dispersing or arresting persons pursuant to section 27
or 27A
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Section
27C. Consent to prosecute offences under section 27 or 27A
28.
Power to regulate the playing of music in public places
29.
Power to make rules and orders for the control of traffic
30.
Power to make orders for the control of display of flags, etc.
31.
Power to make orders to require persons to remain indoors
32.
Non-liability for act done under authority of warrant
33.
Exemption in respect of civil process
PART VIII
ROYAL MALAYSIA POLICE VOLUNTEER RESERVE
34.
Establishment of Volunteer Reserve
35.
Members of the Volunteer Reserve
36.
Appointment of volunteer reserve police officers, etc.
37.
Ranks of volunteers appointed into the Volunteer Reserve
38.
Volunteer reserve officers may be required to resign
39.
Declaration by volunteer reserve police officers
40.
Certificate of appointment
41.
Resignation
42.
Pay and allowances
43.
Mobilization of the Volunteer Reserve
44.
Inspector General may employ volunteer reserve police officers on
police duty
45.
Power of volunteer reserve police officers
46.
Reinstatement in civilian employment
PART IX
AUXILIARY POLICE
47.
Appointment of auxiliary police officers
48.
Declaration to be taken by auxiliary police officers
49.
Certificate of appointment
49A. Pay and allowances
50.
Duties and powers, etc.
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ACT 344
PART X
ROYAL MALAYSIA POLICE RESERVE
Section
51.
Royal Malaysia Police Reserve
52.
Liability to serve in the Reserve
53.
Retired police officers not liable to serve may opt to serve
54.
Period of service in the Reserve
55.
Mobilization of the Reserve
56.
Reservists to report
57.
Powers of police officers when mobilized
58.
Rank in the Reserve
59.
Pay and allowance
60.
Leave
61.
Retention of pension
62.
Release from the Reserve
63.
Discharge from the Reserve and appeal
64.
Termination of service during mobilization
65.
Uniform and equipment
66.
Reinstatement in civilian employment of police officers in the Reserve
67.
Penalty
PART XI
ROYAL MALAYSIA POLICE CADET CORPS
68.
Establishment of Cadet Corps
69.
Members of the Cadet Corps
70.
Appointment, promotion and dismissal of Cadet Officers and Cadets
71.
Resignation
72.
Pay and allowances
73.
Disbandment
PART XII
DISCIPLINE
74.
Police officers subject to disciplinary regulations
75.
Fines to be recovered by stoppage from pay
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Section
76.
Full pay not to accrue during absence without leave or imprisonment
77.
Loss of or damage to arms, equipment, etc., to be made good by
stoppage from pay
78.
Interdiction from duty
79.
Departmental Committee of Enquiry into the death or injury of any
police officer or into loss or damage of property
80.
Power of senior police officer holding enquiry to summon witnesses
PART XIII
POLICE FUND
81.
Police Funds
82.
Police Funds and purposes of Fund
83.
Transfer of funds
84.
Interpretation
PART XIV
GENERAL
85.
Carrying of arms
86.
Desertion
87.
Mutiny
88.
Penalty for causing disaffection
89.
Unlawful possession, manufacture, sale or supply of articles supplied
to police officers and unauthorized use of police uniform
90.
Disorderly conduct in police station
91.
Police officer may arrest without warrant for offences under subsection
31(2), sections 86, 87, 89 and 90
92.
Police officer not to be member of Trade Union
93.
Police Associations
94.
General penalty
95.
Rules
96.
Police Regulations
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ACT 344
Section
97.
Standing Orders
98.
Repeal and Saving
99.
Transitional
100.
Modification of other laws
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
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LAWS OF MALAYSIA
Act 344
POLICE ACT 1967
An Act relating to the organization, discipline, powers and duties
of the Royal Malaysia Police and matters incidental thereto.
[Throughout Malaysia--29 August 1967, P.U. 385A/1967
Federal Territory of Labuan see appendix]
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 and application
1. (1) This Act may be cited as the Police Act 1967.
(2) (Omitted).
PART II
INTERPRETATION
Interpretation
2. (1) In this Act, unless the context otherwise requires--
"ammunition" means ammunition for any arm, and includes
grenades, bombs and other like missiles, whether capable of use
with arms or not, and any ammunition containing, or designed or
adapted to contain, any noxious liquid, gas or other thing;
"arms" includes ammunition;
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ACT 344
"Chief Police Officer" means any police officer vested by the
Inspector General with the control of the Royal Malaysia Police
in respect of any area or State under section 6 and designated as
such by the Inspector General;
"Commanding Officer" means any police officer vested by the
Inspector General with the control of the Royal Malaysia Police
in respect of any State, area, place, formation or police district
under section 6 and designated as such by the Inspector General;
"Commissioner" means a Commissioner of Police appointed
under section 5;
"constable" means a police officer below the rank of Corporal
and includes a Recruit;
"Deputy Inspector General" means the Deputy Inspector General
of Police appointed under section 5;
"Inspector General" means the Inspector General of Police
appointed under section 5;
"junior police officer" means a police officer of any rank from
and including a Sub-Inspector down to and including a Corporal;
"police district"or "police division"means any area designated
as such by the Inspector General under paragraph 6(b) and unless
and until areas are so designated, means any area constituted or
recognized as a police district or police division at the commencement
of this Act;
"police officer" means any member of the Royal Malaysia Police;
"senior police officer" means a police officer of any rank from
and including the Inspector General down to and including an
Inspector on probation.
(2) Any reference in this Act and any other written law to a
police officer of a certain rank shall include any police officer who
is acting, or on probation or cadetship, in such rank and this
subsection shall be deemed to have been an integral part of this
Act as from the commencement of the Act.
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PART III
THE ROYAL MALAYSIA POLICE
Constitution of the Police Force
3. (1) All persons who are immediately before the commencement
of this Act members of the Royal Malaysia Police established
under the Royal Malaysia Police Act 1963 [30 of 1963], shall upon
the commencement of this Act become members of the Royal
Malaysia Police under this Act (hereinafter referred to as "the
Force") with corresponding ranks and in corresponding capacities.
(2) Every person aforesaid shall be employed on the same terms
and conditions as were applicable to them immediately before the
commencement of this Act.
(3) The Force shall subject to this Act be employed in and
throughout Malaysia (including the territorial waters thereof) for
the maintenance of law and order, the preservation of the peace
and security of Malaysia, the prevention and detection of crime,
the apprehension and prosecution of offenders and the collection
of security intelligence.
Control of the Force
4. (1) The Force shall be under the command of an Inspector
General who shall be a police officer and shall be responsible to
the Minister for the control and direction of the Force and all other
persons appointed or engaged for police duties, and who shall have
all the powers conferred on a Commissioner or a Chief Police
Officer.
(2) There shall be appointed a Deputy Inspector General who
shall be a police officer and shall be under the direction of the
Inspector General.
(3) The Deputy Inspector General shall have all the powers
conferred on a Commissioner or a Chief Police Officer.
(4) Any act or thing which may be done, ordered or performed
by the Inspector General under this or any other law may subject
to his orders and direction, be done, ordered or performed by the
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Deputy Inspector General, a Commissioner, a Deputy
Commissioner, a Senior Assistant Commissioner, or an Assistant
Commissioner generally or specially authorized in that behalf by
the Inspector General; and in the event of his absence from Malaysia
or in his incapacity or when he is on leave, his functions under
this or any other law may be discharged by the Deputy Inspector
G e n e r a l or such other police officer not below the rank of
Commissioner as may be authorized by the Yang di-Pertuan Agong.
Appointment of Inspector General, etc.
5. (1) There shall be appointed an Inspector General, a Deputy
I n s p e c t o r General and such Commissioners and Deputy
Commissioners and such senior police officers and junior police
officers and constables as may be deemed necessary for the purpose
of carrying out this Act.
(2) The ranks of Senior Police Officers and Junior Police Officers
are as set out in the First Schedule.
Control of Royal Malaysia Police in a State, etc.
6.
The members of the Force shall in relation to--
(a) any area or State as the Minister may determine, be
controlled by a Commissioner or Chief Police Officer;
and
(b) any formation, police district or police division or area
thereof or any place, be controlled by such police officer
as the Inspector General may specify either by name or
office.
Employment of Force in time of emergency
7. (1) The Yang di-Pertuan Agong may, in time of war or other
emergency, employ the Force or any part thereof to serve in
conjunction with the Armed Forces of Malaysia or any Local
Forces established under any law, or otherwise in the defence of
Malaysia:
Provided that any part of the Force so employed shall continue
to be under the command of the Inspector General or such other
police officer as may have been appointed for the purpose.
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(2) For the purpose of this section the expression "the Force"
includes all bodies established or raised for police duties under
this Act.
PART IV
EXTRA POLICE OFFICERS AND WATCH
CONSTABLES
Extra Police Officers
8. (1) A Commissioner or Chief Police Officer may, with the
approval of the Inspector General, employ persons to serve
temporarily as extra police officers of or below the rank of Sergeant
Major.
(2) An extra police officer shall be deemed to be under engagement
to serve from month to month, every such engagement being held
to commence on the first and to be terminable on the last day of
each successive month.
(3) An extra police officer may be discharged or may resign on
being given or giving, by or to the Commissioner or Chief Police
Officer one month's notice in writing.
(4) An extra police officer shall have and may exercise all the
powers and privileges of, and shall be subject to the same authority
and discipline as, a member of the Force of corresponding rank,
and shall obey all lawful directions in respect of the execution of
his duties which he may from time to time receive from his superior
officers.
Watch Constables
9. (1) A Commissioner or Chief Police Officer may, with the
approval of the Inspector General, on the application of any person
(hereinafter in this section referred to as "the applicant") for a
constable to be employed on special duties, engage any suitable
person as a watch constable for the purposes of such special duties
only. Such watch constable shall be employed at the expense of
the applicant, who shall provide such accommodation and sustenance
for such watch constable as the Commissioner or Chief Police
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Officer may require, and may also be required to pay for any
uniform supplied to such watch constable or such proportion thereof
as the Commissioner or Chief Police Officer may determine:
Provided that the applicant may, on giving one month's notice
to the Commissioner or Chief Police Officer, require that such
watch constable be withdrawn from such special duties, and, in
such case, such applicant shall not be liable for any expense in
connection with the employment of such watch constable incurred
after the last day of the month following that in which the notice
is given.
(2) Any amount due from an applicant under this section may
be recovered by the Commissioner or Chief Police Officer as a
debt, and, when received, shall be paid into the general revenues
of Malaysia.
(3) A watch constable shall have and may exercise all the powers
and privileges of, and shall be subject to the same authority and
discipline as, a constable of the Force.
PART V
SERVICE OUTSIDE MALAYSIA AND SERVICE OF
POLICE OF OTHER TERRITORIES IN MALAYSIA
The Yang di-Pertuan Agong may direct the Royal Malaysia
Police to serve outside Malaysia
10. (1) The Yang di-Pertuan Agong may, on a request in that
behalf being made by a Government of a territory outside Malaysia,
by order direct such part of the Royal Malaysia Police as to him
seems expedient to carry out police duties in such territory and he
shall in such order specify the purposes for which such direction
is made.
(2) No order under this section shall be made unless the Yang
di-Pertuan Agong is satisfied that adequate provisions have been
or will immediately be made in the law of that territory aforesaid--
(a) for enforcing in that territory any contract of service
entered into between members of the Royal Malaysia
Police and the Government of Malaysia;
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(b) for giving police officers of the Royal Malaysia Police
serving in that territory under this section the powers and
duties of police officers in that territory; and
(c) to ensure that there is accorded to the Government of
Malaysia a reciprocal treatment.
(3) Subject to subsection (2), no police officer shall be sent
outside Malaysia under this Part unless the Minister is satisfied
that appropriate arrangements have been made for the service of
police officers of Malaysia with the authorities of the territory
aforesaid.
Officers serving outside Malaysia shall be subject to this Act
11. All police officers serving in a territory outside Malaysia
pursuant to subsection 10(1) shall be subject to this Act.
Reciprocal treatment
12. (1) Whenever at the request of the Government of Malaysia
and in pursuance of an order made by the Government of another
territory members of the police force of that territory are sent to
Malaysia to carry out police duties in Malaysia, such members
shall subject to subsection (3) be under the orders of their own
senior officers present with them and shall be subject to the same
regulations as when on service in such territory.
(2) Whenever any member of the police force of another territory
is, pursuant to subsection (1), present in Malaysia any contract of
service made between any member of such body and the Government
of such territory may be enforced in Malaysia in the same manner
and with the like effect as if such contract had been made between
such member and the Government of Malaysia.
(3) Any member of the police force of another territory present
in Malaysia as aforesaid shall have and may exercise the powers,
and shall be liable to perform the duties, of a police officer of the
Force; and such member of the police force of such territory shall
be subject to the overall control of a senior police officer of the
Force.
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PART VI
APPOINTMENT, SERVICE, ETC.
Declaration by police officer on appointment
13. Every police officer and extra police officer shall, on first
joining the Force or before entering on the duties of his office,
make before a senior police officer of or above the rank of
Superintendent the declaration set out in the Second Schedule in
such manner as he may declare to be most binding on his conscience.
Certificate of appointment
14. A certificate of appointment, in such form as may be prescribed
by Police Regulations, signed by a Commanding Officer or a
senior police officer authorized by him in that behalf, shall be
issued to every police officer, extra police officer and watch constable
and shall be evidence of his appointment under this Act.
Retirement or resignation in time of war or emergency
15. No police officer may retire or resign from the Force during
war or whilst a Proclamation of Emergency is in force:
Provided that a police officer may be retired or allowed to resign
if so recommended by the Inspector General.
Resignation while pending disciplinary proceedings
16. Notwithstanding section 15, no police officer shall, without
the permission in writing of the Inspector General, resign from the
Force during the pendency of any disciplinary proceedings or
prosecution instituted against him in respect of any offence of
which he may be accused.
Arms, accoutrements, etc., to be delivered up on ceasing to
belong to the Force
17. (1) When a police officer ceases to be a member of the Force
he shall forthwith deliver to the person appointed by the Inspector
General for that purpose, or to the police officer in charge of any
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part of the Force at the place at which he was last stationed, his
certificate of appointment and all arms, ammunition, accoutrements,
uniform and other equipment which have been supplied to him and
which are public property:
Provided that the Inspector General may, subject to any Rules
made under this Act, in special cases authorize the retention of
specific articles, other than arms and ammunition, on such conditions
as may be prescribed by Standing Orders.
(2) Any police officer who having ceased to be a member of
the Force, without good cause fails to comply with subsection (1)
shall be guilty of an offence and shall be liable to a fine not
exceeding one hundred ringgit or to imprisonment for a term not
exceeding three months or to both, and, in addition thereto, shall
be liable to pay the value of the property not delivered up, and
such value may be ascertained by the court in a summary manner
and shall be recoverable as a fine.
(3) In sections 15 and 16 and this section the expression "police
officer" includes all persons appointed or engaged for police duties
under this Act; and the expression "the Force" includes all bodies
established or raised for police duties under this Act.
Police officers subject to provisions applicable to public officers
18. Save as otherwise provided in this Act and in the Rules and
Police Regulations made thereunder, every police officer shall
unless expressly excluded be subject to the same provisions as are
applicable to other public officers of corresponding status in the
service of the Government of Malaysia.
PART VII
DUTIES AND POWERS OF POLICE OFFICERS
Police officer to be deemed on duty
19. Every police officer, extra police officer and watch constable
shall, for the purposes of this Act, be deemed to be always on duty
when required to act as such and shall perform the duties and
exercise the powers granted to him under this Act or any other law
at any place in Malaysia where he may be doing duty.
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General duties of police officers
20. (1) Every police officer shall perform such duties and exercise
such powers as are by law imposed or conferred upon a police
officer, and shall obey all lawful directions in respect of the execution
of his office which he may from time to time receive from his
superior officers in the Force.
(2) Where any duty, power or discretion is imposed or conferred
by or under this Act or any other law on a police officer of any
specified rank or holding any specified office, such police officer
shall, in the performance of such duty or the exercise of such
power or discretion, be subject to the orders and directions of any
police officer to whom he is directly subordinate, and any such last
mentioned police officer, if the occasion arises and he deems it
expedient so to do, shall himself perform any such duty or exercise
any such power or discretion.
(3) Without prejudice to the generality of the foregoing provisions
or any other law, it shall be the duty of a police officer to carry
out the purposes mentioned in subsection 3(3); and he may take
such lawful measures and do such lawful acts as may be necessary
in connection therewith, including--
(a) apprehending all persons whom he is by law authorized
to apprehend;
(b) processing security intelligence;
(c) conducting prosecutions;
(d) giving assistance in the carrying out of any law relating
to revenue, excise, sanitation, quarantine, immigration
and registration;
(e) giving assistance in the preservation of order in the ports,
harbours and airports of Malaysia, and in enforcing maritime
and port regulations;
(f) executing summonses, subpoenas, warrants, commitments
and other process lawfully issued by any competent
authority;
(g) exhibiting information;
(h) protecting unclaimed and lost property and finding the
owners thereof;
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(i) seizing stray animals and placing them in a public pound;
(j) giving assistance in the protection of life and property;
(k) protecting public property from loss or injury;
(l) attending the criminal courts and, if specially ordered,
the civil courts, and keeping order therein; and
(m) escorting and guarding prisoners and other persons in the
custody of the police.
(4) A police officer shall when performing the duties mentioned
in paragraph (3)(m) be deemed to be a prison officer, and shall
have all the powers, protection and privileges attaching to a prison
officer.
Duty on public roads
21. (1) It shall be the duty of police officers--
(a) to regulate, control and divert any traffic;
(b) to keep order on public roads, streets, thoroughfares and
landing places, and at other places of public resort and
places to which the public have access; and
(c) to prevent obstruction on the occasions of assemblies and
processions on public roads and streets, and in any case,
when any road, street, thoroughfare, landing place or
ferry may be thronged or liable to be obstructed.
(2) Any person who obstructs, opposes or disobeys any reasonable
direction given by any police officer in the performance of his
duties under this section shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding two hundred ringgit
or to imprisonment for a term not exceeding three months or to
both.
(3) Any person who commits an offence under this section
may be arrested without warrant unless he gives his name and
address and otherwise satisfies the police officer that he will duly
answer any summons or other proceedings that may be taken
against him.
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Unclaimed property
22. (1) Subject to subsection (2), it shall be the duty of every
police officer to take charge of unclaimed movable property which
is handed by any person to, or found by, him; and he shall deliver
such property to the officer in charge of the nearest police station,
who shall cause to be posted in some conspicuous place at the
police station a notice specifying such property and calling upon
any person who may have any claim thereto within two months
from the date of such notice to appear and establish his claim.
(2) If the property aforesaid is of a perishable nature the officer
in charge may cause it to be sold forthwith and shall forward to
the Officer in Charge of the Police District the proceeds of such
sale; and such proceeds shall, after the deduction of any expenses
reasonably incurred, be paid to the person who within the period
specified in subsection (1) establishes his claim thereto.
(3) Any property aforesaid which is not claimed within the
period specified in subsection (1) may be sold or otherwise disposed
of or destroyed in such manner as the Commanding Officer may
direct; and the proceeds of any sale of such property shall, after
the deduction of any expenses reasonably incurred in such sale,
be apportioned in the following manner--
(a) such proportion as the Commanding Officer may direct
may be paid to the finder of the property;
(b) the first fifty ringgit of the balance, if any, shall be paid
into the Police Fund established under Part XIII and the
remainder shall be paid into the general revenues of
Malaysia.
(4) No police officer or extra police officer shall purchase any
property sold under this section; and any police officer or extra
police officer who contravenes this subsection shall be guilty of
an offence against discipline.
Unclaimed estates
23. (1) Whenever any person dies leaving in Malaysia movable
property which by reason of the absence of any person entitled
thereto or the absence of any claim to such property for the purpose
of administration, is taken charge of by a police officer for the
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purpose of safe custody, the Commanding Officer shall forthwith
notify the Official Administrator, Probate Officer or Administrator
in the State wherein the property is situated that it is in his charge;
and pending the directions of the Official Administrator, Probate
Officer or Administrator, the Commanding Officer shall retain the
property in safe custody.
(2) In the case of property which is of a perishable nature or
likely to deteriorate in value, a Commanding Officer or any officer
authorized by him in writing may order it to be sold and the
proceeds of such sale shall be handed to the Official Administrator,
Probate Officer or Administrator.
Power of police officers to inspect licences, vehicles, etc.
24. (1) Any police officer may--
(a) stop and detain any person--
(i) whom he sees doing any act or who is in possession
of any thing; or
(ii) whom he has reasonable grounds for suspecting is
doing any act or is in possession of any thing;
for which a licence, permit or authority is required under
any law in force, for the purpose of requiring such person
to produce such licence, permit or authority;
(b) stop and search without warrant any vehicle or vessel
which he has reasonable grounds for suspecting is being
used in the commission of any offence against any law
in force:
Provided that such vehicle or vessel shall not, subject to subsection
(4), be detained longer than is reasonably necessary to complete
such search.
(2) Any person who fails to produce a licence, permit or authority
under paragraph (1)(a) when called upon by a police officer so to
do may be arrested without warrant unless he gives his name and
address and otherwise satisfies the police officer that he will duly
answer any summons or other proceedings that may be taken
against him.
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(3) Any person who fails to obey any reasonable signal of a
police officer, requiring any person to stop any vehicle or vessel
under subsection (1) or who obstructs any police officer in the
execution of his duty being exercised under that subsection, shall
be guilty of an offence under this Act and any police officer may,
without warrant, arrest any such person unless he gives his name
and address and otherwise satisfies the police officer that he will
duly answer any summons or other proceedings that may be taken
against him.
(4) Any police officer may cause any vehicle or vessel, which
he has reasonable grounds to suspect has been used in the commission
of an offence against any law in force or to be evidence of the
commission of any such offence, to be moved to the nearest Police
District headquarters or other convenient place, and the Officer in
Charge of such Police District may thereupon cause such vehicle
or vessel there to be detained, pending enquiries, for a period not
exceeding forty-eight hours, or if, within that period there are
commenced proceedings in respect of any such offence in which
the vehicle or vessel is liable to forfeiture under any law or may
properly be produced in evidence, until the final determination of
those proceedings:
Provided that the Officer in Charge of such Police District may,
notwithstanding this subsection, direct the release of any such
vehicle or vessel where he is satisfied that the owner or person in
charge of such vehicle or vessel will duly produce such vehicle
or vessel before the court when required, and for such purpose
may require such owner or person to execute such bond or deposit
such security as he may deem reasonable.
Power to detain and search aircraft
25. (1) Subject to subsection (2), any senior police officer may
at any aerodrome or at any other place in Malaysia detain and
without warrant search any aircraft (not being an aircraft belonging
to, or exclusively employed in the service of, the Government or
of any foreign State); and in relation to any such aircraft which
is in motion at any aerodrome or at any other place in, or is in
flight over, Malaysia, a senior police officer may, subject as aforesaid,
order such aircraft to stop or to land at any aerodrome or other
place specified by him.
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(2) The power conferred on a senior police officer under
subsection (1) shall not be exercised by him except--
(a) where he has reasonable grounds to believe that the aircraft
mentioned in that subsection is being or has been used
in the commission of a seizable offence; or
(b) for the purpose of arresting any person reasonably suspected
of having committed a seizable offence.
(3) Any order to stop or to land given under subsection (1) shall
be transmitted to an aircraft by the officer for the time being in
charge of air traffic control; but no aircraft shall be ordered to land
at any aerodrome or at any other place which, in the opinion of
the officer for the time being in charge of air traffic control, is
unsafe for use by such aircraft.
(4) Section 24 relating to the moving, detention and release of
any vehicle and vessel detained under that section shall apply to
an aircraft detained under this section as if references therein--
(a) to any police officer shall be construed as references to
a senior police officer;
(b) to the nearest Police District headquarters or to any Officer
in Charge of such Police District were construed as
references to the nearest aerodrome and to the Officer in
Charge of the Police District in which such aerodrome
is situated.
(5) Any person who fails without reasonable cause to comply
with an order given under subsection (1) shall be guilty of an
offence under this Act.
Power to erect road barriers
26. (1) Notwithstanding anything contained in any other law, any
police officer may, if he considers it necessary so to do for the
maintenance and preservation of law and order or for the prevention
or detection of crime, erect or place or cause to be erected or
placed any barriers on or across any public road or street or in any
public place in such manner as he may think fit; and any police
officer may take all reasonable steps to prevent any person from
passing or any vehicle from being driven past any such barrier.
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(2) Any person who fails to comply with any reasonable signal
of a police officer requiring such person or vehicle to stop before
reaching any such barrier shall be guilty of an offence and shall
be liable to imprisonment for a term not exceeding twelve months
or to a fine not exceeding one thousand ringgit or to both; and any
police officer may, without warrant, arrest such person unless he
gives his name and address and otherwise satisfies the police
officer that he will duly answer any summons or other proceedings
that may be taken against him.
(3) No police officer shall be liable for any loss, injury or
damage caused to any person or property consequent upon his
taking the steps mentioned in subsection (1).
Power to regulate assemblies, meetings and processions
27. (1) Any Officer in Charge of a Police District or any police
officer duly authorized in writing by him may direct, in such
manner as he may deem fit, the conduct in public places in such
Police District of all assemblies, meetings and processions, whether
of persons or of vehicles and may prescribe the route by, and the
time at, which such assemblies or meetings may be held or such
procession may pass.
(2) Any person intending to convene or collect any assembly
or meeting or to form a procession in any public place aforesaid,
shall before convening, collecting or forming such assembly, meeting
or procession make to the Officer in Charge of the Police District
in which such assembly, meeting or procession is to be held an
application for a licence in that behalf, and if such police officer
is satisfied that the assembly, meeting or procession is not likely
to be prejudicial to the interest of the security of Malaysia or any
part thereof or to excite a disturbance of the peace, he shall issue
a licence in such form as may be prescribed specifying the name
of the licensee and defining the conditions upon which such assembly,
meeting or procession is permitted:
Provided that such police officer may at any time on any ground
for which the issue of a licence under this subsection may be
refused, cancel such licence.
(2A) An application for a licence under subsection (2) shall be
made by an organization or jointly by three individuals.
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(2B) Where an application is made jointly by three individuals,
the police officer to whom the application is made shall refuse the
application if he is satisfied that the assembly, meeting or procession
for which a licence is applied is in actual fact intended to be
convened, collected or formed by an organization.
(2C) Where an application is made jointly by three individuals,
the police officer issuing the licence shall specify in the licence
the names of those persons as licensees.
(2D) No licence shall be issued under subsection (2) on the
application of an organization which is not registered or otherwise
recognized under any law in force in Malaysia.
(3) Any police officer may stop any assembly, meeting or
procession in respect of which a licence has not been issued or
having been issued was subsequently cancelled under subsection
(2) or which contravenes any of the conditions of any licence
issued in respect thereof under that subsection; and any such police
officer may order the persons comprising such assembly, meeting
or procession to disperse.
(4) Any person who disobeys any order given under subsection
(1) or subsection (3) shall be guilty of an offence.
(4A) Where any condition of a licence issued under subsection
(2) is contravened, the licensees shall be guilty of an offence.
(5) Any assembly, meeting or procession--
(a) which takes place without a licence issued under subsection
(2); or
(b) in which three or more persons taking part neglect or
refuse to obey any order given under subsection (1) or
subsection (3),
shall be deemed to be an unlawful assembly, and all
persons attending, found at or taking part in such assembly,
meeting or procession and, in the case of an assembly,
meeting or procession for which no licence has been
issued, all persons attending, found at or taking part or
concerned in convening, collecting or directing such
assembly, meeting or procession, shall be guilty of an
offence.
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(5A) In any prosecution for an offence under subsection (5) of
attending, being found at or taking part in an assembly, meeting
or procession which is an unlawful assembly, it shall not be a
defence that the person charged did not know that the assembly,
meeting or procession was an unlawful assembly or did not know
of the facts or circumstances which made the assembly, meeting
or procession an unlawful assembly.
(5B) In any prosecution for an offence under subsection (5) of
attending or being found at an assembly, meeting or procession
which is an unlawful assembly, it shall be a defence that the
presence of the person charged came about through innocent
circumstances and that he had no intention to be otherwise associated
with the assembly, meeting or procession.
(5C) For the purposes of subsection (5), where it appears from
all the circumstances relating to an assembly, meeting or procession
that it was convened, collected or directed by or with the involvement,
participation, aid, encouragement, support or connivance of an
organization, every member of the governing body of the organization
shall be deemed to have taken part or been concerned in convening,
collecting or directing the assembly, meeting or procession unless
he proves that he did not know nor had any reason to believe or
suspect that the assembly, meeting or procession was going to take
place or, if he knew or had reason to believe or suspect as aforesaid,
he had taken all reasonable steps to prevent the assembly, meeting
or procession from taking place or, if it was not reasonably within
his power to so prevent, he had publicly objected to or dissociated
himself from the convening, collecting or directing of the assembly,
meeting or procession.
(6) Any police officer may, without warrant, arrest any person
reasonably suspected of committing any offence under this section.
(7) Any person aggrieved by the refusal of the Officer in Charge
of a Police District to issue a licence under subsection (2) may
within forty-eight hours of such refusal appeal in writing to the
Commissioner or Chief Police Officer; and the decision of the said
Commissioner or Chief Police Officer thereon shall be final.
(8) Any person who is guilty of an offence under this section
shall be liable on conviction to a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and imprisonment
for a term not exceeding one year.
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(8A) Sections 173A and 294 of the Criminal Procedure Code
[Act 593] shall not apply in respect of an offence under this section.
Power to stop certain activities which take place other than in
a public place
27A. (1) Where any activity takes place on or in any land or
premises which do not constitute a public place and--
(a) the activity is directed to, or is intended to be witnessed
or heard or participated in by, persons outside the land
or premises, or is capable from all the circumstances of
being understood as being so directed or intended; or
(b) the activity attracts the presence of twenty persons or
more outside the land or premises; or
(c) the activity is likely to be prejudicial to the interest of
the security of Malaysia or any part thereof or to excite
a disturbance of the peace,
any police officer may order the persons involved in the activity
to stop the activity and may order all persons found on or in or
outside the land or premises to disperse.
(2) Any person who disobeys any order given under subsection
(1) shall be guilty of an offence.
(3) Where three or more persons neglect or refuse to obey any
order given under subsection (1), the activity concerned shall be
deemed to be an unlawful activity, and all persons taking part or
concerned in the activity, or in organizing or directing the activity,
shall be guilty of an offence.
(4) For the purposes of subsection (3), where it appears from
all the circumstances relating to an activity that it was organized
o r directed by or with the involvement, participation, aid,
encouragement, support or connivance of an organization, every
member of the governing body of the organization shall be deemed
to have taken part or been concerned in organizing or directing the
activity unless he proves that he did not know nor had any reason
to believe or suspect that the activity was going to take place or,
if he knew or had reason to believe or suspect as aforesaid, he had
taken all reasonable steps to prevent the activity from taking place
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or, if it was not reasonably within his power to so prevent, he had
publicly objected to or dissociated himself from the organizing or
directing of the activity.
(5) Any police officer may, without warrant, arrest any person
reasonably suspected of committing any offence under this section.
(6) Any person who is guilty of an offence under this section
shall be liable on conviction to a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and imprisonment
for a term not exceeding one year.
(7) Sections 173A and 294 of the Criminal Procedure Code shall
not apply in respect of an offence under this section.
Use of force in dispersing or arresting persons pursuant to
section 27 or 27A
27B. If persons are ordered to disperse pursuant to subsection
27(3) or 27A(1) and do not disperse, any police officer or any other
person acting in aid of a police officer may do all things necessary
for dispersing them and for arresting them or any of them pursuant
to subsection 27(6) or 27A(5), and, if any person makes resistance,
may use such force as is reasonably necessary for overcoming
resistance.
Consent to prosecute offences under section 27 or 27A
27C. (1) A prosecution for an offence under section 27 or 27A
shall not be instituted except with the consent in writing of the
Public Prosecutor, but a person who is to be charged with the
offence may be arrested, or a warrant for his arrest may be issued
and executed, and he may be remanded in custody or released on
bail, notwithstanding that the consent of the Public Prosecutor to
the institution of prosecution for the offence has not been obtained,
but the case shall not be further prosecuted until the consent has
been obtained.
(2) When a person is brought before a court on a charge under
section 27 or 27A before the Public Prosecutor has consented to
the prosecution, the charge shall be read and explained to him but
he shall not be called upon to plead thereto, and the Criminal
Procedure Code shall be modified accordingly.
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Power to regulate the playing of music in public places
28. Any Officer in Charge of a Police District or a senior police
officer in that District may, in such manner as he may deem fit,
regulate the extent to which musical instruments may be played
in public places in such Police District.
Power to make rules and orders for the control of traffic
29. (1) A Commissioner or a Chief Police Officer may in respect
of a State, with the approval of the Menteri Besar or the Chief
Minister of that State, as the case may be, make rules for--
(a) keeping order and preventing obstruction or
inconvenience on public roads, streets, thoroughfares,
landing places and ferries and at public places and at
places of public resort (whether such places are on State
land or otherwise);
(b) prohibiting the use of specified public roads, streets,
thoroughfares, landing places and ferries either absolutely
or conditionally.
(2) A Commissioner or a Chief Police Officer may make orders
prescribing the routes by which vehicles shall, for the purpose of
setting down and taking up persons, drive up to and leave any
landing place, ferry or place of assembly or of public resort, and
the places where and the order in which such vehicles shall wait
for the purposes aforesaid:
Provided that no order for the parking of vehicles upon land in
private ownership under this subsection shall be made except with
the consent of the owner or occupier of such land.
(3) There may be annexed to the breach of any of the rules or
orders aforesaid a penalty not exceeding two hundred ringgit.
Power to make orders for the control of display of flags, etc.
30. (1) A Commissioner or a Chief Police Officer may, by order,
generally or in respect of specified times or places or in specified
circumstances, prohibit in the State--
(a) the flying, exhibition or display of any flag, banner,
emblem or placard or other devices;
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(b) the use of any loud speakers, amplifiers or other appliances,
in a manner likely to excite a disturbance of the peace; and any
police officer may remove any flag, banner, emblem, placard or
other device or any loud speaker, amplifier, or other appliance
flying, exhibited, displayed or used in contravention of the said
order or in circumstances likely to excite a disturbance of the
peace.
(2) Any person who contravenes an order made under subsection
(1) shall be guilty of an offence under this Act.
Power to make orders to require persons to remain indoors
31. (1) A Commissioner or a Chief Police Officer may, if he
considers it necessary in the interest of the security of Malaysia
or any part thereof or public order, by order require, subject to
such conditions or exemptions as he may deem expedient, every
person within such area of his jurisdiction as may be prescribed
in the order to remain within doors between such hours as may
be specified therein; and the Commissioner or the Chief Police
Officer shall in such manner as he deems fit bring or cause to be
brought to the notice of all persons likely to be affected thereby
the contents of such order.
(2) A person remaining out of doors during the hours specified
in the order shall be guilty of an offence under this Act unless such
person possesses a written permit in that behalf from--
(a) the Commissioner or the Chief Police Officer aforesaid;
(b) a police officer not below the rank of Sub-Inspector directly
under the command of the Commissioner or the Chief
Police Officer aforesaid; or
(c) a public officer authorized in writing by the Commissioner
or the Chief Police Officer aforesaid to issue such written
permits.
(3) No order under subsection (1) shall apply to--
(a) the Yang di-Pertuan Agong, a Ruler, a Yang di-Pertua
Negeri;
(b) any police officer or any member of any naval, military
or air forces established or serving in Malaysia when on
duty; or
(c) any person or class of persons specified in the order as
being persons exempted from the order.
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(4) No order made under subsection (1) shall remain in force
for more than twenty-four hours from the making thereof:
Provided that the Minister may, on or before the expiration of
any such order, direct that the order shall continue in force for
such further period not exceeding fourteen days as he may specify
and, upon the making of any such direction, the order shall continue
in force for such further period.
(5) Subsection (1) relating to the giving of notice of the contents
of an order made under that subsection shall apply to a direction
of the Minister made under subsection (4).
Non-liability for act done under authority of warrant
32. (1) Where the defence to any suit instituted against a police
officer, an extra police officer, volunteer reserve police officer or
an auxiliary police officer is that the act complained of was done
in obedience to a warrant purporting to be issued by any competent
authority, the court shall, upon production of the warrant containing
the signature of such authority and upon proof that the act complained
of was done in obedience to such warrant, enter judgment in
favour of such police officer, extra police officer, volunteer reserve
police officer or auxiliary police officer.
(2) No proof of the signature of such authority shall be required
unless the court has reason to doubt the genuineness thereof; and
where it is proved that such signature is not genuine, judgment
shall nevertheless be given in favour of such police officer or extra
police officer if it is proved that, at the time when the act complained
of was committed, he believed on reasonable grounds that such
signature was genuine.
Exemption in respect of civil process
33. (1) Subject to subsection (2)--
(a) the pay and allowances of a junior police officer or constable
shall not be assignable or transferable or liable to be
attached, sequestered or levied upon for, or in respect of,
any debt or claim whatsoever;
(b) no junior police officer or constable shall be liable to be
imprisoned under an order of any court by reason of non-
payment of any debt which he may have incurred or for
which he may become liable.
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(2) Subsection (1) shall not apply to--
(a) a debt due to any Government in Malaysia;
(b) a fine imposed under any law;
(c) an order for the payment of dowry, alimony or
maintenance made under any law.
(3) The pay and allowances of a junior police officer or constable
shall not pass to the Director General of Insolvency on the bankruptcy
of such police officer nor shall they form part of his estate for the
purposes of any law in force in Malaysia relating to bankruptcy.
PART VIII
ROYAL MALAYSIA POLICE VOLUNTEER RESERVE
Establishment of Volunteer Reserve
34. (1) There shall be established in and for Malaysia a body to
be known as the Royal Malaysia Police Volunteer Reserve (hereinafter
referred to as "the Volunteer Reserve") which shall consist of such
number of senior volunteer reserve police officers, junior volunteer
reserve police officers and volunteer reserve constables as the
Yang di-Pertuan Agong may from time to time sanction.
(2) For the purpose of this Part the expression "volunteer reserve
police officer" means any member of the Volunteer Reserve.
Members of the Volunteer Reserve
35. Any person (not being a member of the Armed Forces of
Malaysia or any Force established under any written law) not
below the age of eighteen or over the age of fifty years, and is in
possession of such qualifications as may be prescribed may volunteer
and be accepted for appointment in the Volunteer Reserve.
Appointment of volunteer reserve police officers, etc.
36. (1) Senior volunteer reserve police officers of and above the
rank of Assistant Superintendent may be appointed, promoted or
dismissed by the Inspector General, with the concurrence of the
Minister, on behalf of the Yang di-Pertuan Agong.
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(2) Senior volunteer reserve police officers of and below the
rank of Chief Inspector may be appointed, promoted or dismissed
by the Inspector General.
(3) Junior volunteer reserve police officers and volunteer reserve
c o n s t a b l e s may be appointed, promoted or dismissed by a
Commanding Officer.
(4) The appointment, promotion, resignation, discharge or
dismissal of every senior volunteer reserve police officer of or
above the rank of Assistant Superintendent shall be published in
the Federal Gazette.
Ranks of volunteers appointed into the Volunteer Reserve
37. Persons appointed into the Volunteer Reserve may hold the
rank of senior volunteer reserve police officers, junior volunteer
reserve police officers or volunteer reserve constables, as the case
may be, according to their qualifications.
Volunteer reserve officers may be required to resign
38. A volunteer reserve police officer may be required to resign
by the appointing authority if it appears to him that such officer
is for any reason unable to discharge efficiently the duties which
he is or may be called upon to perform as a member of the
Volunteer Reserve.
Declaration by volunteer reserve police officers
39. Every volunteer reserve police officer shall, before assuming
the duties of his office, make before a senior police officer not
below the rank of Assistant Superintendent in such manner as he
may declare to be most binding on his conscience the declaration
set out in the Second Schedule.
Certificate of appointment
40. A certificate of appointment, in such form as may be prescribed,
shall be issued to every volunteer reserve police officer and shall
be evidence of his appointment under this Act.
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Resignation
41. A volunteer reserve police officer may resign from the Volunteer
Reserve by giving one month's notice in writing to a Commanding
Officer:
Provided that when the Volunteer Reserve or any part thereof
is mobilized, a volunteer reserve police officer shall not resign
unless expressly authorized in writing so to do by a Commanding
Officer.