Malaysia legislation

Section 8

of PREVENTION OF CRIME (AMENDMENT) ACT 2017

Section 8

The principal Act is amended by inserting after section 10

the following section:

“Decision of the Board 10a.  (1)  Where the Board, after considering the finding of the Inquiry Officer submitted under subsection 10(1)

and the complete report of the investigation submitted under section 4a, is satisfied that—

(a)

there are no sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall confirm the finding; or

(b)

there are reasonable grounds for believing that the person is a member of any of the registrable categories, the

Board shall reverse the finding.

(2)

Where the Board, after considering the finding of the Inquiry Officer submitted under subsection 10(2)

and the complete report of the investigation submitted under section 4a, is satisfied that—

(a)

there are reasonable grounds for believing that the person is a member of any of the registrable categories, the

Board shall confirm the finding; or

(b)

there are no sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall reverse the finding.

(3)

If the Board makes a decision under paragraph (1)(b)

or (2)(a), the Board shall proceed in accordance with

Parts III, IV and IVa of this Act.

(4)

If the Board makes a decision under paragraph (1)(a)

or (2)(b), and the person who was the subject of the inquiry is still in custody, the Board shall direct any person having the custody of that person, within twenty-four hours from the receipt of the direction, to produce the person before a Sessions Court Judge, who shall thereupon discharge the order of remand and, if there are no other grounds on which the person is lawfully detained, shall order his immediate release.”.

Deletion of section 11