BANISHMENT ACT 1959

The Minister may by notification in the Gazette, and subject to such conditions and instructions as may be prescribed in the notification, delegate the exercise of the powers conferred by subsection (1)—

A warrant of arrest and detention shall be in Form A of the Schedule.

Where in execution of a warrant of arrest and detention any person is arrested or is required to be further detained in prison after the expiration of any sentence of imprisonment passed upon him the officer executing the warrant shall without unnecessary delay, and in any case within twenty-four hours (excluding the time of any necessary journey) from the arrest or from the expiration of the sentence produce the person arrested, or so detained before a Magistrate who shall, upon production of the warrant duly signed and upon proof of the identity of the person arrested or detained with the person named in the warrant, by order endorsed on the warrant, commit the person to prison, there to be detained in accordance with the tenor of that warrant:

Provided that if the person proves that he is a citizen or an exempted person the Magistrate shall order the person to be released forthwith.

A banishment order shall be in Form B of the Schedule and shall be signed by the Minister.

As soon as possible after the making of a banishment order against any person a copy of the order shall be served on the person by the officer-in-charge of the prison in which the person may be confined or by a senior police officer; and the officer serving the copy shall notify the person against whom it is made that he may at any time within fourteen days of the service apply to the High Court for an order that the banishment order be set aside on the ground that he is a citizen or an exempted person.

Upon receiving the warrant of execution of a banishment order made against any person, the officer-in-charge of the prison in which the person is confined shall inform the person of the period for which he is banished and warn him that he is forbidden by law to return to Malaysia or to enter or reside in Malaysia, except as specially provided in the banishment order.

As soon as possible after receiving the warrant of execution of a banishment order against any person, the officer-in-charge of the prison in which the person is confined or some prison officer appointed by that officer in that behalf shall hand the person ordered to be banished to a senior police officer appointed by the Inspector-General of Police to receive him, and the person shall thereupon be conveyed in the custody of that or some other senior police officer and placed on such means of transport as may be expedient for conveyance to the country of which he is a citizen or to such other place as may be stated in the warrant.

Any banished person who is in the custody of a senior police officer under subsection (3) may be received into and detained in any prison or other suitable place in Malaysia until he can be placed on some means of transport for conveyance in accordance with that subsection.

If the Minister is satisfied that a person subject to a banishment order directed to be suspended under subsection (1) has failed to observe any condition specified in the bond executed by him under the subsection or that it is not conducive to the good of Malaysia that the person should further remain therein, the Minister may at any time revoke the suspension of the banishment order and upon revocation of the suspension the person may be arrested and detained without a warrant, and the original banishment order shall thereupon be executed in accordance with this Act.

Where a banishment order has been suspended under subsection (1) and the suspension has not been revoked before the expiration of the period for which security for good behaviour was given under that subsection, then upon the expiration of the period the order shall lapse and cease to have effect, but nothing in this subsection shall prevent the making of a fresh banishment order against the person.

An expulsion order shall be in Form D of the Schedule.

The Minister may by an expulsion order impose such conditions as he may think fit as to the residence, occupation or conduct or police supervision or otherwise of the person against whom the order is made which shall be observed by that person so long as he remains in Malaysia.

A copy of the expulsion order shall be served on the person against whom it is made by a senior police officer, or by any other person authorized by the Minister to serve the order and shall be served personally on that person in the same manner as a summons is required to be served under the Criminal Procedure Code; and the officer or person serving the copy shall notify the person against whom it is made that he may at any time within fourteen days of the service apply to the High Court for an order that the expulsion order be set aside on the ground that he is a citizen or an exempted person.

A person against whom an expulsion order has been made shall on or before a date specified by the Minister in the order execute a bond with sureties to the satisfaction of the Minister for due compliance with the terms of the expulsion order and for such amount and subject to such conditions as the Minister may think fit to specify.

If a person against whom an expulsion order has been made absconds or conceals himself so that the order cannot be served or if he fails before the specified date to execute the bond required under subsection (5) to the satisfaction of the Minister or if the person fails to observe any condition of the bond or fails to leave the country in accordance with the order the person may be arrested without a warrant by any police officer and shall without unnecessary delay and in any case within twenty-four hours (excluding the time of any necessary journey) from the arrest be brought before a Magistrate who upon production before him of the expulsion order and upon proof of the identity of the person arrested with the person named in the order shall commit the person to prison there to be detained pending a decision as to whether a banishment order should be made against that person:

Provided that if the person proves that he is a citizen or an exempted person the Magistrate shall order the person to be released forthwith.

Where any person has been arrested and detained under subsection (6) the Minister may thereupon cancel the expulsion order and make a banishment order against the person in accordance with section 5.

Nothing in this section shall prevent the Minister at any time from cancelling any expulsion order made by him against any person and taking action against the person in accordance with section 3, 4 or 5.

Where an expulsion order has been made against any person detained in accordance with a warrant of arrest and detention the person shall upon his executing the bond required under subsection (5) be released from detention under the said warrant.

Where a person against whom an expulsion order has been made makes an application to the High Court under section 10 for the order to be set aside and the application is refused, the period of fourteen days specified in subsection (1) shall commence to run from the date of the refusal of that application.

In this section "registered medical practitioner" means a medical practitioner who is registered under any written law for the time being in force relating to the registration of medical practitioners.

Where a person has been arrested or detained under this Act any police officer, or any other person authorized by the Minister in that behalf, may take all such steps as may be reasonably necessary for photographing, measuring, finger-printing and otherwise identifying the person.

lawfully banished or expelled from Malaysia or from any territory comprised in Malaysia; or

lawfully banished, deported or expelled from Singapore or from the Straits Settlements, is hereby prohibited from entering or residing in Malaysia so long as the term for which he was banished, deported or expelled has not expired or the banishment, deportation or expulsion order has not been cancelled or revoked, and whether or not the order has been executed:

Provided that the Minister may in his discretion exempt any person banished, deported or expelled from Singapore or the Straits Settlements from the prohibition contained in this subsection.

Any person entering or residing in any part of Malaysia in contravention of the prohibition contained in subsection (1) shall be guilty of an offence against this Act and shall, on conviction, be liable—

Notwithstanding the fact that a prosecution is pending against any person under this section the Minister may make a banishment order against the person in accordance with this Act and thereupon the court shall order the person to be discharged not amounting to an acquittal from the charge under this section in order to enable the banishment order to be executed.

If at the expiration of any sentence passed on any person under this section the term for which the person has been banished, deported or expelled has not expired, the person shall, unless the Minister shall otherwise order, be removed from Malaysia, and section 6 (3) and (4) shall mutatis mutandis apply to such person as if a banishment order had been made in his case under section 5.

against whom an expulsion order has been made but has not yet been served; or

who is liable to be arrested and detained under this Act, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred dollars and to imprisonment for a term not exceeding six months:

Provided that this section shall not apply to a wife harbouring or concealing her husband or a husband harbouring or concealing his wife.

Any person failing without reasonable excuse (the proof whereof shall be on him) to give the aforesaid information shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for a term not exceeding three months:

Provided that this subsection shall not apply to a wife failing to give information relating to her husband or a husband failing to give information relating to his wife.

An endorsement on a banishment order that it has been executed by placing the person named therein on some means of transport bound for a destination outside Malaysia without touching at any other place in Malaysia shall be conclusive evidence until the contrary be proved that the person ordered to be banished has been sent out of Malaysia.

An endorsement on an expulsion order that it has been executed by serving it on the person named therein in the manner set out in section 8 (4) shall, after the expiry of the period of fourteen days mentioned in section 8 (1) or (10), as the case may be, be conclusive evidence until the contrary be proved that the person ordered to be expelled has left Malaysia.

In making any regulations under subsection (1) the Minister may add to, vary or revoke all or any of the forms set out in the Schedule.

For the purpose of any prosecution or proceeding under this Act any order of banishment, deportation or expulsion purporting to be issued by the authority empowered in that behalf under any law in force at the date of the order in Malaysia or in any territory now comprised in Malaysia or in Singapore, shall be sufficient proof of the fact and date of the banishment, deportation or expulsion and of the terms and conditions thereof.

The provisions of section 18 (2) and (3) shall apply to any order referred to in subsection (2) as if the order had been a banishment or expulsion order.

(Section 22 (2))

FORM A

(Section 3)

WARRANT OF ARREST AND DETENTION

To:

The Inspector-General of Police and all other police officers and to the $ ^{} $

Superintendent of Prisons at...

Now therefore you the said police officers are hereby directed to arrest the said... wherever he may be found in Malaysia and to convey him to the Prison at...and