Malaysia legislation
Section 27
Section 27
Punishment for conviction for illegal practice
(2)
A prosecution for an illegal practice shall not be instituted without the sanction of the Public Prosecutor.
Part IVa
ENFORCEMENT TEAM
Interpretation in relation to this Part 27a. In this Part, unless the context otherwise requires—
“area of control”, in relation to an enforcement team, means the area referred to in section 27d;
“candidate” includes an election agent of a candidate and any person appointed by a candidate or his election agent;
“political party’s representative” means the representative of a political party taking part in the election, appointed by the candidate or his election agent to be a member of the enforcement team under paragraph 27c(1)(d) and includes his replacement appointed under subsection 27f(4).
Act 5
Establishment of enforcement team 27b. The Election Commission may, if the Commission considers it necessary, establish an enforcement team or any number of enforcement teams for the purpose of monitoring and controlling the activities of the candidates during the campaign period until the expiration of the polling day.
Membership of the enforcement team 27c. (1) An enforcement team shall consist of—
(a)
an enforcement officer appointed under paragraph 3(d)
of the Elections Act 1958;
(b)
a representative, who is not below the rank of Inspector, of the Commanding Officer of the police district in the area of control, or if the area of control covers more than one police district, of the Commanding
Officer of each of the police districts;
(c)
a representative of the local authority in the area of control, or if the area of control covers more than one local authority area, of each of the local authorities;
and
(d)
a political party’s representative who is appointed by a candidate or his election agent in writing.
(2)
The enforcement officer referred to in paragraph (1)(a)
shall be the leader of the enforcement team.
Area of control of the enforcement team 27d. An enforcement team shall perform its functions in the
Parliamentary constituency for which the team is established, including the State constituencies within the Parliamentary constituency.
Functions of the enforcement team 27e. The functions of the enforcement team are—
(a)
to patrol, and to monitor the activities of the candidates, in its area of control to ensure that written laws relating to elections are being complied with;
Election Offences 39
(b)
to bring down or cause to be brought down immediately any campaign material in its area of control which contravenes or does not comply with any written laws relating to elections;
(c)
to stop or cause to be stopped any open public address or lecture held in its area of control which contravenes or does not comply with any written laws relating to elections, and, if it is necessary to detain any person involved with the open public address or lecture, to request a police officer to detain such person; and
(d)
to control and coordinate the carrying out of any campaign activity specified in any written law relating to elections in its area of control.
Appointment of the representative of the political party 27f. (1) For the purpose of paragraph 27c(1)(d), a candidate or his election agent shall notify in writing the name of the political party’s representative appointed by him or his election agent to the returning officer on nomination day.
(2)
Subject to subsection (4), the person appointed as the political party’s representative shall remain as such representative throughout the campaign period until the expiration of the polling day.
(3)
The returning officer shall give a written notice to every political party’s representative that has been appointed informing him to present himself at such time and such place as are specified in the notice in order to carry out his duties as a member of the enforcement team.
(4)
If the person appointed to be a political party’s representative dies, becomes ill or for any other reason is incapable of carrying out his duties as a member of the enforcement team, the candidate or his election agent may appoint another person to replace the first-mentioned person as a political party’s representative and shall immediately notify the name of the replacement to the returning officer.
(5)
If a political party’s representative does not present himself at the time and place as are specified in the notice given by
Act 5
the returning officer under subsection (3), the enforcement team shall continue to perform its function without the presence of such representative and any decision made by the members of the enforcement team who are present shall be deemed to have been agreed to by the member who is not present.
Decision of the enforcement team 27g. (1) Every decision or action to be taken by the enforcement team in the performance of its function shall be by mutual agreement between all members of the enforcement team who are present.
(2)
If a mutual agreement between all members of the enforcement team who are present cannot be obtained, the leader of the enforcement team shall have the power to make any decision or to direct any action to be taken by the enforcement team.
(3)
Before making any decision or issuing any direction under subsection (2), the leader of the enforcement team shall previously obtain the advice of the State Elections Director, or if the State
Elections Director is not available, of the returning officer.
(4)
A decision or direction of the leader of the enforcement team shall be final and binding upon all members of the enforcement team.
(5)
No decision or action to be taken by the enforcement team shall be questioned on the ground of any non-attendance of any member of the enforcement team.
Complaint to the returning officer 27h. (1) Subject to subsection (2), any person or political party may make any complaint on the activities of a candidate during the campaign period to the returning officer.
(2)
The returning officer shall direct the enforcement team to patrol the area in respect of which the complaint is made for the purpose of ensuring that written laws relating to elections are being complied with.
Election Offences 41