*POLICE ACT 1967

(Omitted).

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.

Every person aforesaid shall be employed on the same terms and conditions as were applicable to them immediately before the commencement of this Act.

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

There shall be appointed a Deputy Inspector General who shall be a police officer and shall be under the direction of the Inspector

General.

The Deputy Inspector General shall have all the powers conferred on a Commissioner or a Chief Police Officer.

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 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 General 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.

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.

any area or State as the Minister may determine, be controlled by a Commissioner or Chief Police Officer; and

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.

Honorary Commissioner-in-Chief

For the purpose of this section the expression “the Force”

includes all bodies established or raised for police duties under this Act.

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.

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.

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

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.

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.

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―

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

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.

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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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 *five thousand 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.

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

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.

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―

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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.

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Duty on public roads

to regulate, control and divert any traffic;

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;

to prevent obstruction on the occasions of assemblies on public roads and streets, and in any case, when any road, street, thoroughfares, landing place or ferry may be thronged or liable to be obstructed; and

to conduct any escort duty.

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 *ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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.

Unclaimed property

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.

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—

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

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.

stop and detain any person―

whom he sees doing any act or who is in possession of any thing; or

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.

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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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.

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

The power conferred on a senior police officer under subsection (1) shall not be exercised by him except―

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.

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―

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.

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Power to erect road barriers

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 *two 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.

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).

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);

prohibiting the use of specified public roads, streets, thoroughfares, landing places and ferries either absolutely or conditionally.

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.

There may be annexed to the breach of any of the rules or orders aforesaid a penalty not exceeding two hundred ringgit.

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Power to make orders for the control of display of flags, etc.

the flying, exhibition or display of any flag, banner, emblem or placard or other devices;

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.

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

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—

No order under subsection (1) shall apply to—

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.

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

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

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;

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.

Subsection (1) shall not apply to―

The pay and allowances of a junior police officer or constable shall not pass to the Official Assignee 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.

For the purpose of this Part the expression “volunteer reserve police officer” means any member of the Volunteer Reserve.

Members of the Volunteer Reserve

Senior volunteer reserve police officers of and below the rank of Chief Inspector may be appointed, promoted or dismissed by the

Inspector General.

Junior volunteer reserve police officers and volunteer reserve constables may be appointed, promoted or dismissed by a

Commanding Officer.

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

When mobilized, a volunteer reserve police officer shall receive such pay and allowances as may be prescribed for a police officer of corresponding rank and seniority in such rank.

Mobilization of the Volunteer Reserve

Every volunteer reserve police officer mobilized under subsection (1) shall assemble at such place as the Inspector General shall direct.

A volunteer reserve police officer mobilized under subsection (1)

who without reasonable cause, the onus of proof of which shall rest with him, refuses or neglects to serve shall be guilty of an offence under this Act.

Inspector General may employ volunteer reserve police officers on police duty

Any employer failing to re-employ any volunteer reserve police officer under subsection (1) shall be guilty of an offence and shall subject as hereinafter provided, be liable on conviction to a fine

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not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both:

Provided that in any proceeding under this subsection it shall be a defence for the employer to show that the volunteer reserve police officer formerly employed by him did not, before the expiration of one month after completion of active service, apply to the employer for re-employment or that, having been offered re-employment by him, such officer failed without reasonable excuse to present himself for employment at the time and place notified to him by the employer, or that by reason of a change of circumstances (other than the engagement of some other person to replace him)―

A Commanding Officer or any police officer authorized by him in that behalf, may, with or without written engagement, appoint or promote any person to serve in the Auxiliary Police as a junior auxiliary police officer with the honorary rank of sub-inspector,

36 Laws of Malaysia ACT 344

sergeant-major, sergeant or corporal or as an auxiliary police constable, and may prescribe the area in which he shall serve.

For the purpose of this Part the expression “auxiliary police officer” means any member of the Auxiliary Police.

Declaration to be taken by auxiliary police officers

The Reserve shall consist of such police officers who become members of the Reserve under this Part.

Liability to serve in the Reserve

This section shall not apply to any police officer who has been retired on grounds of ill health or physical or other disability.

Retired police officers not liable to serve may opt to serve

The following sections of this Part shall apply to a police officer enrolled as a member of the Reserve under this section as they apply to a police officer liable to serve in the Reserve.

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Period of service in the Reserve

Subsection (1) shall not affect any reserve police officer who is a Member of Parliament or of the Legislative Assembly of a State or who holds a salaried appointment in the Government of Malaysia or of any State, for so long as he is such a Member or holds such appointment.

Reservists to report

if he takes up permanent residence outside Malaysia; or

if he is certified by a Government Medical Officer to be permanently unfit for duty.

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Discharge from the Reserve and appeal

Any reserve police officer who is aggrieved by his dismissal or discharge (except where the dismissal or discharge is by the Police

Force Commission) may appeal to the Minister against such dismissal or discharge; and the decision of the Minister thereon shall be final.

Termination of service during mobilization

for so long as the emergency or war lasts;

until he has completed his fifteenth year of retirement from the Force; or

until he has attained the age of sixty-five years, whichever of the events mentioned is the earliest.

Uniform and equipment

Subsections 17(1) and (2) shall apply to a reserve police officer on his ceasing to be a member of the Reserve.

Reinstatement in civilian employment of police officers in the

Reserve

Any employer failing to re-employ any reserve police officer under subsection (1) shall be guilty of an offence and shall, subject as hereinafter provided, be liable on conviction to a fine not exceeding

*two thousand ringgit or to imprisonment for a term not exceeding one year or to both:

Provided that in any proceeding under this subsection it shall be a defence for the employer to show that the reserve police officer formerly employed by him did not, before the expiration of one month after completion of active service, apply to the employer for re-employment or that, having been offered re-employment by him, such officer failed without reasonable excuse to present himself for employment at the time and place notified to him by the employer, or that by reason of a change of circumstances (other than the engagement of some other person to replace him)―