Malaysia legislation

Section 8

of BANISHMENT ACT 1959

Section 8

(2)

An expulsion order shall be in Form D of the Schedule.

(3)

The Minister may by an expulsion order impose such conditions as he may think fit as to the residence, occupation or conduct or police supervision or otherwise of the person against whom the order is made which shall be observed by that person so long as he remains in Malaysia.

(4)

A copy of the expulsion order shall be served on the person against whom it is made by a senior police officer, or by any other person authorized by the Minister to serve the order and shall be served personally on that person in the same manner as a summons is required to be served under the Criminal Procedure Code; and the officer or person serving the copy shall notify the person against whom it is made that he may at any time within fourteen days of the service apply to the High Court for an order that the expulsion order be set aside on the ground that he is a citizen or an exempted person.

(5)

A person against whom an expulsion order has been made shall on or before a date specified by the Minister in the order execute a bond with sureties to the satisfaction of the Minister for due compliance with the terms of the expulsion order and for such amount and subject to such conditions as the Minister may think fit to specify.

(6)

If a person against whom an expulsion order has been made absconds or conceals himself so that the order cannot be served or if he fails before the specified date to execute the bond required under subsection (5) to the satisfaction of the Minister or if the person fails to observe any condition of the bond or fails to leave the country in accordance with the order the person may be arrested without a warrant by any police officer and shall without unnecessary delay and in any case within twenty-four hours (excluding the time of any necessary journey) from the arrest be brought before a Magistrate who upon production before him of the expulsion order and upon proof of the identity of the person arrested with the person named in the order shall commit the person to prison there to be detained pending a decision as to whether a banishment order should be made against that person:

Provided that if the person proves that he is a citizen or an exempted person the Magistrate shall order the person to be released forthwith.

(7)

Where any person has been arrested and detained under subsection (6) the Minister may thereupon cancel the expulsion order and make a banishment order against the person in accordance with section 5.

(8)

Nothing in this section shall prevent the Minister at any time from cancelling any expulsion order made by him against any person and taking action against the person in accordance with section 3, 4 or 5.

(9)

Where an expulsion order has been made against any person detained in accordance with a warrant of arrest and detention the person shall upon his executing the bond required under subsection (5) be released from detention under the said warrant.

(10)

Where a person against whom an expulsion order has been made makes an application to the High Court under section 10 for the order to be set aside and the application is refused, the period of fourteen days specified in subsection (1) shall commence to run from the date of the refusal of that application.

Section 8 — BANISHMENT ACT 1959 | mylaw.my