Malaysia legislation
Section 23
Section 23
The principal Act is amended by inserting after Part IV the following Part:
“Part IVa
DETENTION ORDERS
Detention orders 19a. (1) The Board may, after considering the report of the
Inquiry Officer submitted under section 10 and the outcome of any review under section 11, direct that any registered
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person be detained under a detention order for a period not exceeding two years, and may renew any such detention order for a further period not exceeding two years at a time, if it is satisfied that such detention is necessary in the interest of public order, public security or prevention of crime.
(2)
The direction of the Board under subsection (1) shall be subject to review by the High Court.
(3)
Every registered person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to as a “place of detention”) as the Board may direct and in accordance with any instructions issued by the Board and any regulations made under section 23.
Validity of detention orders 19b. No detention order shall be invalid or inoperative by reason—
(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 19a(3);
(ii)
continued to be detained immediately after the making of the order in the place in which he was detained under section 3 before his removal to a place of detention referred to in subsection 19a(3); or
(iii)
was during the duration of the order on journey in police custody or any other custody to a place of detention referred to in subsection 19a(3); or
(b)
that the detention order was served on him at any place other than the place of detention referred to in subsection 19a(3), or that there was any defect relating to its service upon him.
Prevention of Crime (Amendment and Extension)
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Suspension of detention orders 19c. (1) The Board may, at any time, direct that the operation of any order under section 19a be suspended subject to all or any of the restrictions and conditions which the Board is empowered by subsection 15(2) to impose by an order under section 15, and subject, if the Board so directs, to the requirement that the person against whom the order under section 19a was made shall enter into a bond as provided in subsection 15(2).
(2)
Where an order under section 19a is suspended, subsection 15(4) shall have effect as if the restrictions and conditions on which the order under section 19b is suspended were restrictions and conditions imposed by an order under section 15.
(3)
The Board may revoke the suspension of any detention order under section 19a if it is satisfied that the person against whom the 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 order was made, and that person shall as soon as practicable be returned to his former place of detention or, if the Board so directs, sent to another place of detention.
(4)
The suspension of any order under this section shall, subject to subsection 15(4) as applied by subsection (2) and subject also to subsection 15(3), continue in force for the unexpired portion of the period of the order specified under subsection 19a(1).
Effect on term of imprisonment 19d. Where a person—
(a)
who is undergoing detention under section 19a is sentenced to any term of imprisonment under this
Act or any other written law; or
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(b)
has his period of detention renewed under section 19a whilst he is serving any such term of imprisonment, the detention or extended detention 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 period or of the extended detention period, he shall be required to be detained for such unexpired portion thereof.
Annual report 19e. The Minister shall, not later than the first meeting of
Parliament of the following year, submit an annual report to Parliament of all the activities under this Part during the year to which the report relates.
Review 19f. This Part shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of Parliament to extend the period of operation of this Part.”.
Amendment of section 21