Is AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 still in force?

Yes — AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 is currently in force.

When did AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 take effect?

AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 was first recorded in 1985.

How many sections does AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 have?

AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 contains 32 sections.

What amends AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985?

AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 has been amended by AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) (PINDAAN) 2016.

Where can I read the official version of AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985?

The official text of AKTA DADAH BERBAHAYA (LANGKAH-LANGKAH PENCEGAHAN KHAS) 1985 is published at lom.agc.gov.my.

/akn/my/act/act/1985/316

*DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985

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Bahasa Malaysia English

Type: Act
Status: In force
Enacted: 1985
Last amended: 2016
Sections: 32
Languages: MS · EN

Quick answer

About this act

*DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985 is Malaysia Act, cited as Act 316 1985, currently marked in force and first recorded in 1985.

Opening note

Preamble

An Act to provide for the preventive detention of persons associated with any activity relating to or involving the trafficking in dangerous drugs. [15 June 1985, P.U. (B) 305/1985]

Opening note

Preamble

WHEREAS action which is prejudicial to public order in Malaysia has been taken and further similar action is being threatened by a substantial body of persons both inside and outside Malaysia; AND WHEREAS Parliament considers it necessary to stop such 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

PART I

PRELIMINARY

Short title and commencement

Section 1

(2)

This Act shall come into operation on such date as may be appointed by the Minister by notification in the Gazette.

(3)

(Deleted by Act A1510).

6 Laws of Malaysia ACT 316

*(4) (Deleted by Act A1510).

(5)

(Deleted by Act A1510).

Interpretation

Section 2

In this Act, unless the context otherwise requires—

“Advisory Board” means an Advisory Board constituted under

Clause (2) of Article 151 of the Constitution for the purposes of that

Article;

“Chief Police Officer” means any police officer vested by the

Inspector General with control of the Royal Malaysia Police in respect of any area or State and any senior 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 shall in the case of Sabah and Sarawak include a Commissioner of Police;

“dangerous drug” has the same meanings as is assigned to it under the Dangerous Drugs Act 1952 [Act 234];

“Inspector General” means the Inspector General appointed under section 5 of the Police Act 1967 [Act 344];

“Minister” means the Minister charged with the responsibility for internal security;

“Officer in Charge of the Police District” has the meaning given to the expression “Officer in charge of a Police District” by the Criminal

Procedure Code [Act 593];

“Ordinance” means the Emergency (Public Order and Prevention of

Crime) Ordinance 1969 [Ord. 5 of 1969, P.U. (A) 187/1969];

“police officer” means any member of the Royal Malaysia Police;



*NOTE—See section 7 of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act 2016

[Act A1510] which come into operation on 15 July 2016.

Dangerous Drugs (Special Preventive Measures) 7

“trafficking” has the same meaning as is assigned to it under the

Dangerous Drugs Act 1952.

Part II

PART II

POWERS OF PREVENTIVE DETENTION

Power to detain suspected persons

Section 3

(2)

Any person arrested and detained under this section may be detained in police custody for a period not exceeding sixty days without an order of detention having been made in respect of him under subsection 6(1):

Provided that—

(a)

he shall not be detained for more than twenty-four hours except with the authority of a police officer of or above the rank of Inspector;

(b)

he shall not be detained for more than forty eight hours except with the authority of a police officer of or above the rank of Assistant Superintendent of Police;

(c)

he shall not be detained for more than fourteen days unless a police officer of or above the rank of Deputy

Superintendent has reported the circumstances of the arrest and detention to the Inspector General or to a police officer designated by the Inspector General in that behalf and the

Inspector General or police officer so designated by him, as the case may be, shall forthwith report the same to the

Minister.

8 Laws of Malaysia ACT 316

(3)

The police officer making an investigation pertaining to a person arrested and detained under this section shall cause a copy of the complete report of the investigation to be submitted—

(a)

to an Inquiry Officer appointed under subsection 5(1); and

(b)

to the Minister, within such period as may be prescribed by the Minister by regulations made under this Act.

(3A)

Where the person arrested and detained under subsection (1) is a person in respect of whom subsection 6(5) applies, the complete report of the investigation referred to in subsection (3) in respect of such person may include any statement, document, information, or other thing or material whatsoever which had been obtained in the course of any enquiries made in respect of such person by a police officer under section 3 of the Ordinance for the purpose of the detention order under section 4, or the restriction order under section 4A, as the case may be, of the Ordinance, against him, regardless that such statement, document, information, or other thing or material was obtained in a manner which does not accord or comply with the requirements of section 4, and it shall not be necessary for any statement to be taken under section 4 for the purpose of such report in respect of such person, but if any statement is taken under section 4 it shall also be included in such report in respect of such person.

(4)

Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station, or in any other place authorized generally or specially by the Minister.

Examination of persons acquainted with the facts and circumstances of case

Section 4

(2)

Such person shall be bound to answer all questions relating to such case put to him by such officer.

(3)

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4)

A police officer examining a person under subsection (1) shall first inform that person of subsections (2) and (3).

(5)

A statement made by any person under subsection (1) shall bear the date and time of making thereof and shall be signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which it was made and after he has been given an opportunity to make any corrections he may wish.

(6)

The foregoing provisions of this section shall be without prejudice to subsection 3(3A).

Inquiry Officer

Section 5

(2)

Upon receiving the report under subsection 3(3), the Inquiry

Officer shall inquire whether there are reasonable grounds for believing that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs.

(3)

An Inquiry Officer may, in his discretion, for the purpose of subsection (2)—

10 Laws of Malaysia ACT 316

(a)

require the attendance before him of a person detained under section 3;

(b)

procure and receive all such evidence, whether oral or in writing and whether the same be admissible or not under any written law for the time being in force relating to evidence or criminal procedure, which he may think necessary or desirable;

(c)

summon and examine witnesses on oath or affirmation, and may for those purposes administer any oath or affirmation;

(d)

require the production of any document or other thing in his opinion relevant to the case.

(3A)

The Public Prosecutor may appear at an inquiry under paragraph (3)(c).

(3B)

The Minister may prescribe the allowances to be paid to any person or witnesses summoned or required to be present under subsection (3).

(4)

An Inquiry Officer shall submit his report in writing to the

Minister within such period as may be prescribed by the Minister by regulations made under this Act.

Offence for failure to attend to give evidence, etc.

Section 5A

For the purpose of subsection 5(3), any person or witness summoned or required to attend who without reasonable excuse fails to attend at the time and place mentioned in the summons or who, having attended, refuses to answer any question that may lawfully be put to him, or refuses to produce any document or thing which it is in his power to produce, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

Dangerous Drugs (Special Preventive Measures) 11

Section 6

Power to order detention and restriction of persons

(a)

the complete report of investigation submitted under subsection 3(3); and

(b)

the report of the Inquiry Officer submitted under subsection 5(4), is satisfied with respect to any person that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs, the Minister may, if he is satisfied that it is necessary in the interest of public order that such person be detained, by order

(hereinafter referred to as a “detention order”) direct that such person be detained for a period not exceeding two years.

(2)

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 regulations made under section 22.

(3)

If the Minister is satisfied that for the purpose 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 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

(hereinafter referred to as a “restricted person”) all or any of the following restrictions and conditions:

(a)

that he shall be subject to the supervision of the police for any period not exceeding two years;

(b)

that he shall reside within the limits of any State or any

Federal Territory or any area thereof specified in the restriction order;

12 Laws of Malaysia ACT 316

(c)

that he shall not transfer his residence to any other area without the written authority of the Chief Police Officer of the State or Federal Territory concerned;

(d)

that except in so far as may be otherwise provided by the restriction order, he shall not leave the area within which he resides without the written authority of the Chief Police

Officer of the State or Federal Territory concerned;

(e)

that he shall at all times keep the Officer in Charge of the

Police District in which he resides notified of the house or place in which he resides;

(f)

that he shall at such time or times as may be specified in the restriction order present himself at the nearest police station;

(g)

that he shall remain within doors, or within such area as may be defined in the restriction order, between such hours as may be specified in the restriction order, unless he obtains special permission to the contrary from the Officer in

Charge of the Police District;

(h)

that except in so far as may be otherwise provided by the restriction order, he shall not enter any area specified in the restriction order;

(ha) that he shall use only equipment and facilities of communication which are declared to and approved by the

Chief Police Officer of the State or Federal Territory of the area in which he is required to reside as may be provided in the restriction order;

(hb) that except so far as may be otherwise provided by the restriction order, he shall not access the internet;

(hc) that he shall be attached with an electronic monitoring device;

(i)

that he shall keep the peace and be of good behaviour;

Dangerous Drugs (Special Preventive Measures) 13

(j)

that he shall enter into a bond, with or without sureties as the Minister may direct and in such amount as may be specified in the restriction order, for his due compliance with the restrictions and conditions imposed on him by the restriction order.

(3A)

A restricted person shall be conveyed by the police to, and shall be in police custody up to, the area specified in the restriction order.

(4)

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.

(5)

A detention order under subsection (1), or a restriction order under subsection (3), may be made against a person notwithstanding that immediately, or at any time, before his arrest and detention under subsection 3(1)—

(a)

he had been detained under a detention order made under section 4, or had been subject to a restriction order made under section 4A, of the Ordinance on grounds which are wholly or partly the same as or similar to the grounds on which the detention order under subsection (1) or the restriction order under subsection (3) is to be made against him; and

(b)

he had been released from detention either upon the expiry of the duration of the said detention order made under section 4 of the Ordinance against him, or otherwise howsoever before such expiry, or had ceased to be subject to the said restriction order made under section 4A of the

Ordinance against him either upon the expiry of the duration of the said restriction order, or otherwise howsoever before such expiry.

(6)

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

14 Laws of Malaysia ACT 316

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 (4) or under subsection 11A(1).

(7)

Any restricted person who contravenes or fails to comply with any restriction or condition expressed in his restriction order shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and not less than three years.

Detention order not to be invalid or inoperative on certain grounds

Section 6A

(a)

that the person to whom it relates—

(i)

was immediately before the making of the detention order detained in any place other than a place of detention referred to in subsection 6(2);

(ii)

continued to be detained immediately after the making of the detention order in the place in which he was detained under section 3 before his removal to a place of detention referred to in subsection 6(2), notwithstanding that the maximum period of such detention under subsection 3(2) 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 6(2); or

(b)

that the detention order was served on him at any place other than the place of detention referred to in subsection 6(2), or that there was any defect relating to its service upon him.

(2)

No fresh detention order or fresh restriction order referred to in subsection 11B(2) shall be invalid or inoperative by reason that no fresh

Dangerous Drugs (Special Preventive Measures) 15

report has been submitted under subsection 3(3) and subsection 5(4) or that that detention order or restriction order was made on the same ground as the previous detention order or restriction order.

Suspension of detention orders

Section 7

(2)

Where a detention order is suspended as aforesaid, subsection 6(6) 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)

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 interest of public order that the suspension should be revoked, and in any such case the 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.

(4)

The suspension of any detention order as aforesaid shall, subject to subsection 6(6) as applied by subsection (2) and subject also to subsection (3), continue in force for the unexpired portion of the period of the detention order specified under subsection 6(1) or under subsection 11A(1).

Detention or restriction deemed to be undergone during period of imprisonment

Section 8

Where a person—

16 Laws of Malaysia ACT 316

(a)

who is undergoing detention or restriction under section 6

or 7, is sentenced to any term of imprisonment under this

Act or any other written law; or

(b)

has his period of detention or restriction extended under subsection 11A(1) whilst he is serving any such term of imprisonment, such detention or restriction or extended detention or restriction shall be deemed to be undergone concurrently with that term of imprisonment, and if upon completion of any such term of imprisonment, there still remains any unexpired portion of the detention or restriction period or of the extended detention or restriction period, he shall be required to be detained or restricted, as the case may be, for such unexpired portion thereof.

Representations against detention order

Section 9

(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, he may in the opinion of the Minister reasonably require in order to make

Dangerous Drugs (Special Preventive Measures) 17

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 and for regulating the procedure of the Advisory Board.

Report of Advisory Board

Section 10

(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 order made by the Minister and every decision of the Yang di-Pertuan Agong shall, subject to section 11, be final and shall not be called into question in any court.

Review

Section 11

(2)

The Advisory Board shall, on completing every review under this section, submit to the Minister, before the expiration of the period of detention or restriction, a written report of every such review.

(3)

Where the Advisory Board has reported that in its opinion the detention or restriction should cease, the Minister shall revoke the detention order or restriction order.

(4)

Where the Advisory Board has reported that in its opinion the detention or restriction should continue, the Minister may continue the detention or restriction of the person concerned.

Minister’s power to extend a detention order, a restriction order, or a suspended detention order

Section 11A

(a)

a detention order made under subsection 6(1);

(b)

a restriction order made under subsection 6(3); or

(c)

a detention order suspended under subsection 7(1)

(hereinafter referred to as a “suspended detention order”), direct that the duration of the order be extended for such further period, not exceeding two years, as he may specify, commencing immediately upon the expiration of its then current duration, and where the Minister so directs he shall set out in the direction the grounds for the extension and state whether such grounds are—

(aa) the same as the grounds on which the order was originally made;

(bb) different from the grounds on which the order was originally made; or

(cc)

partly the same grounds and partly different grounds.

Dangerous Drugs (Special Preventive Measures) 19

(2)

Where the duration of a suspended detention order is extended under subsection (1), the duration of the direction for its suspension under subsection 7(1) shall be deemed to be extended for the duration of the extension of the suspended detention order together with the restrictions and conditions imposed in respect of such suspension, subject, if the Minister so directs, to the requirement that the person against whom the detention order was made shall enter into a fresh bond as provided in subsection 6(4), and section 7 shall apply to such extended suspension in the same manner as they apply to an original suspension under subsection 7(1).

(3)

Where the direction under subsection (1) for the extension of the duration of a detention order or a suspended detention order is on grounds which fall under paragraph (1)(bb) or (cc), sections 9 and 10

shall apply to such direction as if the direction were a fresh detention order.

(4)

The duration of a detention order, or a restriction order, or a suspended detention order, which is extended under subsection (1)

may, thereafter, be further extended from time to time for further periods not exceeding two years at a time, and the provisions of this section shall apply mutatis mutandis in relation to each such extension.

Minister’s power to revoke a detention order, or a restriction order, or a suspended detention order, or a direction for the extension of any such order

Section 11B

(2)

Any revocation under subsection (1) shall be without prejudice to the validity of the order or direction before its revocation or to anything done thereunder, or to the power of the Minister to make a fresh detention order under subsection 6(1) or a fresh restriction order under subsection 6(3) or a fresh direction under subsection 11A(1) in

20 Laws of Malaysia ACT 316

respect of the person against whom the order or direction which is revoked was made or given.

Judicial review of act or decision of Yang di-Pertuan Agong and

Minister

Section 11C

(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 6A.

Interpretation of “judicial review”

Section 11D

In this Act, “judicial review” includes proceedings instituted by way of—

(a)

an application for any of 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.

Commencement of sections 11C and 11D

Section 11E

(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 Dangerous Drugs (Special Preventive Measures) (Amendment)

Act 1989, or to any appeal or any application for appeal against such final decision.

Power to summon witnesses

Section 12

Every Advisory Board shall, for the purposes of this Act, but subject to section 14, 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.

Section 13

Member of Advisory Board deemed to be public servant

Every member of an Advisory Board and every Inquiry Officer shall be deemed to be a public servant within the meaning of the

Penal Code [Act 574] and shall have, in the 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 Part, the like protection and privileges as are by law given to a Judge in the execution of his office.

Section 14

Disclosure of information

Nothing in this Part or in any rules or regulations made thereunder shall require the Minister or any member of an Advisory Board or any

Inquiry Officer or any public servant to disclose facts or to produce documents which he considers to be against the national interest to disclose or produce.

22 Laws of Malaysia ACT 316

Section 15

Power to order removal

(2)

Any person in the course of removal under subsection (1) shall be deemed to be in lawful custody.

Power to order production of detained person

Section 16

(2)

Any person in the course of being taken to any place under 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.

Registration

Section 17

(2)

Any police officer not below the rank of Inspector may—

(a)

visit any place referred to in subsection 6(2) for the purpose of taking finger impressions and photographs of any person detained therein and of obtaining such other particulars concerning any such person as may be prescribed or as may be necessary for effecting the registration of that person under subsection (1);

(b)

by notice in writing direct the attendance before him, at a time and place specified in the notice, of any restricted person for the purpose of taking finger impressions and photographs of that person and of obtaining such other particulars concerning any such person as may be prescribed or as may be necessary for effecting the registration of that person under subsection (1).

(3)

Any person who, being required by a police officer not below the rank of Inspector to furnish the particulars referred to in paragraph (2)(a) or (b), refuses to furnish any such particulars or furnishes any particulars which he knows or has reason to believe to be false, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty ringgit or to imprisonment for a term not exceeding one month or to both.

(4)

If any person fails to attend as directed under paragraph (2)(b), the police officer who issued the notice may cause him to be arrested without warrant by any police officer and brought before him for the purposes mentioned in that subsection.

Removal of name from register

Section 18

(2)

The Minister may, at any time in his discretion, direct the

Registrar to remove the name of any person from the register, and thereupon such person shall cease to be a registered person, unless and until his name is subsequently re-entered in the register in accordance with section 17.

Offence by registered person

Section 19

(2)

In subsection (1), “registered person” includes—

(a)

any person who is a registered person under this Act;

(b)

any person in respect of whom registrable particulars of the kind mentioned in subparagraph (b) in the definition of

“registrable particulars” in section 2 of the Registration of

Criminals and Undesirable Persons Act 1969 are contained in either of the registers referred to in subsection 7(1) or (2)

of that Act; and

(c)

any person who is subject to the supervision of the police under section 295 of the Criminal Procedure Code.

Arrest

Section 20

Any police officer may, without warrant, arrest any person if he has reason to believe that that person has committed an offence against section 19, and every such offence shall be seizable and non-bailable for the purposes of the Criminal Procedure Code.

Dangerous Drugs (Special Preventive Measures) 25

Section 21

Provisions with regard to finger impressions and photographs

(2)

Any person who, being legally bound under subsection (1) to submit to the taking of his finger impressions and photographs, refuses or fails to submit thereto on demand shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty ringgit or to imprisonment for a term not exceeding one month or to both.

(3)

Whenever the name of any person is removed from the register under subsection 18(1) or (2), the Registrar shall, upon the application of that person, deliver to him the sheet upon which his finger impressions have been made, together with the negative and all copies of any photograph taken of him and sent to the Registrar under this section; and if no such application is received within three months from the date of removal the Registrar shall destroy the sheet and every such negative and photograph.

Power to make regulations

Section 22

(2)

In particular and without prejudice to the generality of subsection (1) such regulations may—

(a)

provide for the maintenance and management of places of detention and for the discipline and treatment of persons detained therein and different regulations may be made for different places of detention;

26 Laws of Malaysia ACT 316

(b)

prescribe the form of the register and such other forms as may be necessary or expedient to be used in connection with the matters dealt with in this Act or in any regulations made thereunder;

(c)

require all or any class of registered persons to carry identity cards, provide for the form, issue, production, inspection, cancellation, alteration, endorsement and replacement of any such cards, and the substitution thereof for identity cards issued to those persons or to persons of that class under any other written law, and for all other matters necessary or expedient in connection with any such cards or the carrying thereof or the enforcement of any such regulations, including the prescription of penalties not exceeding, in respect of any offence, a fine of five thousand ringgit or imprisonment for a term of three years or both;

and

(d)

prescribe anything which may be prescribed under this Act.

(3)

(Deleted by Act A629).

Subsidiary legislation made, and directions given, under the

Ordinance to have effect under this Act

Section 23

(2)

In applying subsection (1), the provisions of—

Dangerous Drugs (Special Preventive Measures) 27

(a)

the proviso to subsection 4(3);

(b)

the first proviso to subsection 5(3); and

(c)

subsection 13G(3), of the Ordinance shall also apply mutatis mutandis in relation to this

Act in the same manner as they apply in relation to the Ordinance.

Removal of difficulties

Section 24

(2)

In subsection (1) “written law” includes this Act and any written law expressly mentioned in this Act.

This Act not to derogate from the Ordinance

Section 25

For the avoidance of doubt, it is hereby declared that nothing contained in this Act shall in any manner whatsoever derogate from the provisions of the Ordinance in its application to any person who has been or is associated with any activity relating to or involving the trafficking in dangerous drugs under the Dangerous Drugs Act 1952.

Act 316

LIST OF AMENDMENTS

Amending law

Short title

In force from

*Act A629