PUBLIC ORDER (PRESERVATION) ACT 1958

any matter which is seditious within the meaning of the Sedition Act 1948 [Act 15];

any matter likely to be prejudicial to the maintenance or restoration of public order;

any matter counselling or likely to lead to disobedience to the law of Malaysia or to any lawful order therein;

any matter inciting or likely to lead to unlawful violence or the promotion of feeling of ill-will or hostility between different races or classes of the population in Malaysia; or

any matter likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of his duties or any class of public servants or against any armed force lawfully in Malaysia or any member of any such force in the execution of his duties;

Public Order (Preservation)

Every proclamation made under subsection (1) shall apply only to such area as is therein specified and shall remain in force until it is revoked by the Minister or ceases to have effect in accordance with subsection (3).

Every proclamation made under subsection (1) shall, but without prejudice to anything previously done by virtue thereof, cease to have effect upon the expiration of one month from the date upon which it was made:

Provided that a proclamation in force may be renewed by declaration of the Minister from time to time for such period, not exceeding one month at a time, as may be specified in the declaration.

A proclamation made under subsection (1) and a declaration of renewal made under subsection (3) shall be published in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof and shall have effect as soon as the notice has been given, without publication in the Gazette.

A copy of every proclamation made under subsection (1) and of every declaration of renewal made under subsection (3) shall be published in the Gazette and laid before Parliament as soon as possible after it has been made and if resolutions are passed by both Houses of Parliament annulling the proclamation or declaration, it shall cease to have effect, notwithstanding subsections (2) and (3), but without prejudice to anything previously done by virtue thereof.

The Minister may from time to time by writing under his hand delegate to the Menteri Besar or Chief Minister of a State the exercise within the State of the powers conferred upon the Minister by this section subject to such conditions and restrictions as may be prescribed by the Minister.

No delegation of any power under subsection (6) shall affect the exercise of the power by the Minister.

the Chief Police Officer or the Officer in Charge of a Police District may by order or by giving directions or in any other manner he thinks fit regulate, restrict, control or prohibit the use of any road, street, path or waterway or any public place or close any road, street, path,waterway or public place to the public or any class of the public or to any vehicle or vessel or class of vehicle or vessel;

if it appears to the senior police officer present in any part of any such area that, in order to restore or maintain public order in the place, it is necessary to regulate, restrict, control or prohibit the use of any road, street, path or waterway or any public place in or giving access to the part or to close any such road, street, path, waterway or public place and that the situation is too urgent to communicate with an officer having authority under paragraph (a) the officer may exercise the powers conferred by that paragraph on the Chief Police Officer or the Officer in Charge of a Police District:

Provided that the powers conferred by paragraph (b) shall not be exercised by a police officer below the rank of Sergeant:

And provided that no order under paragraph (b) shall be valid after the expiration of a period of twenty-four hours from the time when it was made unless made or confirmed by the Chief Police Officer or the Officer in Charge of the Police District having authority under paragraph (a).

Prohibition and dispersal of assemblies

the Officer in Charge of a Police District may by order prohibit absolutely or subject to such conditions as he may think fit any procession, meeting or assembly of five or more persons in any public place in the area or in any specified place or building, whether public or private, in that area;

any procession, meeting or assembly of five or more persons in any place whatsoever may, whether or not any order shall have been made prohibiting any such procession, meeting or assembly under paragraph (a), be ordered to disperse by any police officer of or above the rank of Sergeant and it shall thereupon be the duty of the members of the procession, meeting or assembly to disperse accordingly.

Any police officer may, if it is necessary for the public security, use such force as may be necessary to disperse any procession, meeting, assembly ordered to be dispersed or prohibited under the provisions of this section, which force may extend to the use of lethal weapons.

Barriers

A police officer may take all reasonable steps to prevent any person, whether on foot or in a vehicle or vessel, from passing any such barrier and every person shall comply with any direction or signal of any such officer requiring the person to stop at or before reaching any such barrier.

A police officer may use such force as may be necessary to prevent any person from passing any such barrier, which force may extend to the use of lethal weapons.

Curfew

No order under this section shall apply to—

The powers conferred by subsection (1) may be exercised by any police officer not below the rank of Inspector authorized in writing in that behalf by a Chief Police Officer:

Provided that no order made in pursuance of this subsection shall be valid after the expiration of a period of twenty-four hours from the time it was made unless confirmed by the Chief Police Officer.

The Minister may vary or cancel any order made in exercise of the powers conferred by subsection (1) by a police officer.

Exclusion of persons

Any police officer may search any person entering, or seeking to enter, or being in, an area, place or building, in respect of which an order under subsection (1) is for the time being in force and may detain any such person for the purpose of searching him:

Provided that no woman shall be searched under this subsection except by a woman.

If any person whilst in an area, place or building in respect of which an order under subsection (1) is for the time being in force fails to comply therewith or with any direction given thereunder then, without prejudice to any proceedings which may be taken against him, he may be removed from the area, place or building by a police officer.

The powers conferred by subsection (1) may be exercised by any police officer not below the rank of Inspector authorized in writing in that behalf by a Chief Police Officer or the Officer in Charge of a Police District.

The Minister may make an order and may vary or cancel any order made by a police officer in exercise of the powers conferred by subsection (1).

Discontinuance of telephone services

In this section the expression "telecommunication authority" has the meaning assigned to it in section 2 of the Telecommunications Act 1950 [Act 20].

Seizure of certain articles

Any article or material seized under this section shall be disposed of in such manner as the Minister may order.

Powers of requisition

The Commissioner of Police and any police officer authorized by the Commissioner in that behalf in writing may, during any period in which a proclamation under section 3 is in force in respect of any area in Malaysia require any vessel, vehicle or aircraft in any place in Malaysia to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with the requirement.

The Menteri Besar or Chief Minister in a State may, with the concurrence of the Minister, direct that any requisition made under the provisions of this section shall cease to have effect to such extent and subject to such qualifications, exceptions and conditions as may be specified or imposed by the direction.

No requisition shall be made under this section in respect of any vessel of more than one hundred tons gross tonnage, any rolling stock of the Malayan Railway or any aircraft without the prior approval of the Minister.

Compensation

No compensation shall be payable to any person in respect of any damage or injury to his person or property caused by or consequent upon any act authorized by this Act unless provision for such compensation is made by this Act.

Where, in the exercise of the powers conferred by section 11, possession is taken of any property or of any space or accommodation in any land, building, vessel, vehicle or aircraft for the purpose of ensuring the maintenance of a public service, any compensation payable in respect of the possession shall be payable by the authority responsible for the provision of that service.

Control of persons

has been recently concerned in acts involving or likely to cause or provoke a breach of the peace in a proclaimed area or likely to be prejudicial to the success of measures taken to maintain or restore public order in a proclaimed area or in the preparation or instigation of those acts or that by reason of his associations with any persons or organizations concerned in any such acts or by reason of his words or conduct that he is likely to be concerned in those acts; and

that by reason thereof it is necessary to exercise temporary control over that person, a Chief Police Officer may by order exercise in respect of the person any one or more of the following powers, namely:

exclude the person from the proclaimed area or any part thereof;

require the person to enter into a bond for such amount with such sureties as may be specified for his good behaviour or for due compliance with the terms and conditions of any order made under this subsection.

Any order made under this section may be cancelled or varied by the Minister or by the Chief Police Officer.

Subject to the provisions of subsection (2), any order made under this section shall remain in force for such period as may be specified therein, but every such order, unless previously cancelled, shall cease to have effect when the area in respect of which the order was made ceases to be a proclaimed area.

Appeal

The decision of the Minister on an appeal under this section shall be final.

Powers of search

stop and search any person or vehicle found in any public road or place; and

if the police officer is of or above the rank of Sergeant—

stop and search any person or vehicle, whether in a public place or not;

No woman shall be searched under this section except by a woman.

Disposal of property

Any offensive weapon, subversive document, corrosive substance or explosive substance coming into the possession of a police officer under section 15 may be disposed of in such manner as the Minister may order.

Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from the provisions of this section.

Arrest and detention

A police officer may in a proclaimed area without warrant arrest any person in respect of whom he has reason to believe that he is a person to whom subsection 13(1) apply and any person so arrested may be detained for a period not exceeding twenty-four hours, pending a decision as to whether an order under that subsection should be made.

A police officer may in a proclaimed area arrest any person ordered to be excluded from the area under section 13 and may detain the person for a period not exceeding twenty-four hours for the purpose of removing him from the area.

Any person detained under the powers conferred by this Act shall be deemed to be in lawful custody and may be detained in any prison or in any police station or in any other similar place authorized generally or specially by the Chief Police Officer.

Every offence against this Act or punishable under section 28 and every offence committed in a proclaimed area against the provisions of any written law for the time being specified in the Second Schedule, shall be seizable and non-bailable for the purposes of the Criminal Procedure Code.

Use of lethal weapons in effecting arrests

to effect the arrest of any person who fails to comply with an order under section 7 or whom he has reasonable grounds for suspecting to have committed in a proclaimed area an offence against section 23,24,25 or 29 or punishable under section 28 or against any provision of any written law for the time being specified in the Second Schedule;

to overcome forcible resistance offered by any person to the arrest; or

to prevent the escape from arrest or the rescue of any person arrested as aforesaid, to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons.

Every person arrested in the circumstances mentioned in paragraph (1)(a) shall as soon as possible after his arrest be clearly warned of paragraph (c) of that subsection.

Nothing in this section contained shall derogate from the right of private defence contained in sections 96 to 106 inclusive of the Penal Code.

The Second Schedule may be added to, varied or amended by resolution passed by both Houses of Parliament.

Control of arms

for the taking into custody of arms;

for the giving of notice of the order to any person who in his opinion, ought to have notice of it;

generally for the carrying into effect of the order.

Powers of members of armed forces

The provisions of Chapter IV of the Criminal Procedure Code shall apply to a member of the armed forces exercising powers under subsection (1) in like manner as they apply to a police officer.

For the purposes of subsection (1)—

The provisions of the Registration of Criminals and Undesirable Persons Act 1969, shall apply to persons convicted of an offence against this Act as if the offence were a crime included in the First Schedule to that Act.

Promulgation and cancellation of orders

Any order or direction made under any provisions of this Part may at any time during its continuance be cancelled by any person empowered to make the order but without prejudice to the previous validity of the order or to anything done thereunder or to the power of that person to make a fresh order under the provision.

Any person who in any place in a proclaimed area, other than a public place, has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance in circumstances which raise a reasonable presumption that the weapon or substance is intended to be used for a purpose prejudicial to the maintenance or restoration of public order shall unless he shall prove that he had the weapon or substance in his possession solely for a lawful purpose be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years and shall be liable to whipping.

Presumption

In any prosecution under subsection 25(2) it shall be presumed until the contrary be proved that any weapon or substance was intended to be used for a purpose prejudicial to the maintenance or restoration of public order if—

is likely to be prejudicial to the maintenance or restoration of public order in the proclaimed area or in any other part of Malaysia;

counsels or is likely to lead to disobedience to the law of Malaysia or to any lawful order made thereunder or to the obstruction of public officers in the execution of their duty to restore or maintain public order;

incites or is likely to cause unlawful violence or to promote feelings of ill-will or hostility between different races or classes of the population of Malaysia; or

is likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of his duty or against any class of public servants or against any armed force lawfully in Malaysia or any member of any such force in the execution of his duty, he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years.

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