Section 4 — PREVENTION OF CRIME ACT 1959

(a)

on production of a statement in writing signed by a police officer not below the rank of Inspector stating that there are grounds for believing that the name of that person should be entered on the Register, remand the person in police custody for a period of twenty-one days; or

(b)

if no such statement is produced, and there are no other grounds on which the person is lawfully detained, direct his release.

(2)

Any person remanded under paragraph (1)(a) shall, unless sooner released, on or before the expiry of the period for which he is remanded be taken before a Magistrate, who shall—

(a)

on production of —

(i)

a statement in writing signed by the Public Prosecutor stating that in his opinion sufficient evidence exists to justify the holding of an inquiry under section 9; and

(ii)

a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is intended to hold an inquiry into the case of that person under section 9,

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order the person to be remanded in custody for a period of thirty-eight days; or

(b)

if no such statements are produced, and there are no other grounds on which the person is lawfully detained, direct his release.

(2A)

No person shall be arrested and detained under this section solely for his political belief or political activity.

(3)

Except as provided in subsection 9(5), section 28A of the

Criminal Procedure Code shall apply to any person remanded under section 4.

(4)

The Public Prosecutor may appear in any application made under this section.

(5)

For the purpose of this section “political belief or political activity” means engaging in a lawful activity through—

(a)

the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335]

as evidenced by—

(i)

membership of or contribution to that party; or

(ii)

open and active participation in the affairs of that party;

(b)

the expression of an opinion directed towards any government in Malaysia; or

(c)

the pursuit of a course of action directed towards any government in Malaysia.

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Report of investigation to be submitted to Inquiry Officer, etc.