Malaysia legislation
Section 13
Section 13
(a)
the complete report of the investigation submitted under subsection 3(4); and
(b)
the report of the Inquiry Officer submitted under section 12,
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is satisfied with respect to any person that such person has been or is engaged in the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of a foreign country, the Board may, if it is satisfied that it is necessary in the interest of the security of Malaysia or any part of Malaysia that such person be detained, by order
(“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 (“place of detention”) as the Board may direct and in accordance with any instructions issued by the
Board and any regulations made under section 34.
(3)
If the Board 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, the Board may by order (“restriction order”) direct that the person named in the order (“restricted person”) shall be subject to the supervision of the police for any period not exceeding five years at a time and may impose all or any of the following restrictions and conditions:
(a)
he shall be required to reside within the limits of any
State, district, mukim, town or village specified in the order;
(b)
he shall not be permitted to transfer his residence to any other State, district, mukim, town or village, as the case may be, without the written authority of the Board;
(c)
except so far as may be otherwise provided by the order, he shall not leave the State, district, mukim, town or village within which he resides without the written authority of the Chief Police Officer of the State concerned;
(d)
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;
(e)
he shall be liable, at such time or times as may be specified in the order, to present himself at the nearest police station;
Act 769
(f)
he shall remain within doors, or within such area as may be defined in the order, between such hours as may be specified in the order, unless he obtains special permission to the contrary from the Officer in Charge of the Police District;
(g)
except so far as may be otherwise provided by the order, he shall not be permitted to enter any State, district, mukim, town or village specified in the order;
(h)
he shall use only equipment and facilities of communication which are declared to and approved by the Chief Police
Officer of any State concerned;
(i)
except so far as may be otherwise provided by the order, he shall not access the internet;
(j)
he shall keep the peace and be of good behaviour;
(k)
he shall enter into a bond, with or without sureties as the Board may direct and in such amount as may be specified in the order, for his due compliance with the restrictions and conditions imposed on him by the order;
(l)
he shall be attached with an electronic monitoring device.
(4)
The Board may, by order in writing served on the person subject to a restriction order, vary, cancel or add to any restrictions and conditions imposed under subsection (3).
(5)
Any restricted person who fails to comply with any restriction or condition imposed on him under this section commits an offence and shall be punished with imprisonment for a term not exceeding ten years and not less than two years.
(6)
Any person who conspires with, abets or assists any restricted person to breach any restriction or condition under this section commits an offence and shall be punished with imprisonment for a term not exceeding ten years and not less than two years.
(7)
Sections 173a and 294 of the Criminal Procedure Code shall not apply in respect of offences under subsections (5) and
(6)
.
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(8)
The punishment imposed under subsection (5) and any term of imprisonment imposed under any written law shall not be taken into consideration for the purpose of the period of supervision imposed under subsection (3) and the period of supervision shall be continued from the date of completion of the sentence of imprisonment imposed.
(9)
A copy of every detention order made by the Board under subsection (1) shall as soon as may be after the making of the order be served on the person to whom it relates, and every such person shall be entitled to make representations to an Advisory
Board constituted under Clause (2) of Article 151 of the Federal
Constitution in accordance with the prescribed procedures.
(10)
The direction of the Board under subsection (1) shall be subject to review by the High Court.
Validity of detention orders