PREVENTION OF CRIME (AMENDMENT) ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of long title

in subparagraph (2)(a)(i), by deleting the words “or a

Deputy Public Prosecutor”;

by inserting after subsection (2) the following subsection:

“(2a)  No person shall be arrested and detained under this section solely for his political belief or political activity.”; and

by inserting after subsection (3) the following subsections:

“(4)  The Public Prosecutor may appear in any application made under this section.

For the purpose of this section, “political belief or political activity” means engaging in a lawful activity through—

a Chairman, who shall be a legally qualified person with at least fifteen years experience in the legal field;

a Deputy Chairman; and

not less than three and not more than six other members.

Every member of the Board shall, unless he sooner resigns, hold office for a period not exceeding three years and is eligible for re-appointment once for another period of three years.

Every member of the Board may at any time resign his office by giving notice in writing to the Yang di-Pertuan

Agong.

The appointment of any member of the Board may at any time be revoked by the Yang di-Pertuan Agong.

The quorum for any sitting of the Board shall be three members.

Subject to this Act, the Board shall determine its own procedure.

Every member of the Board shall be deemed to be a public servant within the meaning of the Penal Code.”.

Notwithstanding subsection (1), the members of the Board holding office immediately before the coming into operation of this section shall be deemed to have been appointed under the amended section 7b, shall continue to hold office until the expiry of their existing period of appointment and shall be eligible for re-appointment in accordance with the amended subsection 7b(2).

Amendment of section 9

in subsection (6), by deleting the words “or a Deputy

Public Prosecutor”; and

by inserting after subsection (6) the following subsection:

“(7)  The Minister may by regulations prescribe the allowances to be paid to witnesses summoned under subsection (3).”.

Amendment of section 15

in subsection (2), by inserting after the words “the following restrictions” the words “and conditions”;

in subsection (3)—

by deleting the words “from time to time,”; and

in subsection (4), by inserting after the word “restriction”

the words “or condition”; and

in subsection (5), by substituting for the word “conditions”

the words “restriction or condition”.

Prevention of Crime (Amendment)

7

Amendment of section 15a

in subsection (1), by deleting the words “or finding”;

and

in subsection (2)—

by deleting the word “or” appearing at the end of paragraph (b); and

in subsection (2), by substituting for the words “subsection 15(4)” the words “subsection 15(3)”; and

in subsection (4)—

by substituting for the words “subsection 15(4)”

the words “subsection 15(3)”; and

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

Power to order production of detained person 19f.  (1)  On proof to his satisfaction that the presence at any place of any person detained under section 19a, or lawfully in the custody of the police or confined in any prison whether under section 19a or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody, or confined, the Commissioner

General of Prison where the person is detained in a place of detention or prison, or the Inspector General of Police where the person is in the lawful custody of the police, may order that such person be taken to that place.

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 Commissioner General of Prison or the Inspector General of Police, as the case may be, may direct and whilst in that custody shall be deemed to be in lawful custody.

In this section, “Commissioner General of Prison” has the same meaning assigned to it by subsection 2(1) of the

Prison Act 1995 [Act 537].”.

Prevention of Crime (Amendment)

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New section 19g

in the shoulder note, by deleting the words “and destruction”;

and

in subsection (3), by deleting the words “; and if no such application is received within three months from the date of the release or removal the Registrar shall destroy the sheet and every such negative and photograph”.

Amendment of section 23

in subsection (2), by inserting after paragraph (ba) the following paragraph:

“(bb)  provide for the administration and management of the Board, including provisions on training for the members of the Board;”; and

by deleting subsection (3).

KUALA LUMPUR