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Section 11

Public Prosecutor’s power of election; validation of certain criminal proceedings

of Emergency (Essential Powers) Act 1979

ActIn forceProvision 11 of 13
Section 11
(1)

The Public Prosecutor shall have the power exercisable at his discretion to elect to charge any person for any offence either under a law promulgated or enacted under Part XI of the Federal

Constitution or under any other law in respect of an act or acts which constitute an offence under a law promulgated or enacted under the said Part XI as well as under any other law, notwithstanding that the area within which such offence was committed is an area proclaimed as a security area under section 47 of the Internal

Security Act 1960 [Act 82].

(2)

Any charge preferred by the Public Prosecutor against any person before or after the commencement of this Act under the

Arms Act 1960 [Act 206], the Firearms (Increased Penalties) Act 1971 [Act 37], or any other law not promulgated or enacted under

Part XI of the Federal Constitution in relation to an offence committed in the area which has been proclaimed a security area under section 47 of the Internal Security Act 1960, as published in P.U. (A) 148

of 1969, and any trial conducted, or decision or order given, in consequence of such charge, are declared lawful and hereby validated.

Jurisdiction of court in respect of proclamation under a law under Part XI of the Federal Constitution 12.

No court shall have jurisdiction to entertain or determine any application or question in whatever form, on any ground, regarding the validity or the continued operation of any proclamation issued by the Yang di-Pertuan Agong in exercise of any power vested in him under any Ordinance promulgated, or Act of Parliament enacted, under Part XI of the Federal Constitution.

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