REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969

This Act may be cited as the Registration of Criminals and Undesirable Persons Act 1969.

This Act shall apply throughout Malaysia.

Interpretation

the prosecuting officer responsible for authenticating the result of a case at the conclusion of the case where a person is charged with a registrable offence;

the police officer responsible for the final removal of the banishee out of the Federation and for authenticating the removal;

the police officer responsible for serving the expulsion order on the expelee and for authenticating the expulsion;

the immigration or police officer responsible for the final removal of the deportee from the Federation or any State thereof and for authenticating the removal;

or

in relation to a person who is sentenced to a term of imprisonment for a registrable offence any prison officer (within the meaning of any written law in the

Federation relating to prisons) who is responsible for authenticating the imprisonment;

“authenticate” means to perform the functions of an authenticating officer as prescribed by this Act;

“banishee” means any person ordered to be banished from the

Federation under any written law in the Federation relating to banishment;

“deportee” means any person ordered to be removed from the

Federation or any State thereof under any written law in the

Federation relating to immigration;

“expelee” means any person ordered to be expelled from the

Federation under any written law in the Federation relating to banishment;

“finger impression” includes thumb impression, palmar impression and plantar impression;

“fingerprint form” means any form prescribed by the Inspector

General of Police pursuant to section 15 for the purpose of recording or authenticating finger impressions and other registrable particulars;

“recording officer” means—

a police officer;

a proper officer of customs or excise (within the meaning of any written law in the Federation relating to customs and excise) whose function is to prevent or prosecute any registrable offence under such law;

a prison officer (within the meaning of any written law in the Federation relating to prisons) other than a prison officer who is an authenticating officer; or

an immigration officer whose function is to prevent or prosecute any registrable offence under any written law in the Federation relating to immigration;

the Registrar of Criminals; and

any other person or officer appointed under section 3;

“registrable offence” means any offence which is registrable under this Act as specified in the First and Second Schedules;

“registrable particulars” means—

the particulars of any conviction or sentence in respect of a registrable offence;

the particulars of any order relating to banishees, expelees, deportees or restrictees;

the name, description, photograph and finger impressions or classification of finger impressions of any person convicted of a registrable offence, or of any banishee, expelee, deportee or restrictee;

the particulars which the Minister deems to be registrable particulars under paragraph 4(1)(a);

the particulars which the Minister may from time to time by order published in the Gazette declare to be registrable particulars under paragraph 4(1)(b); or

the particulars of any person which have been taken and recorded under any of the written laws repealed under this Act;

“restrictee” means any person ordered to be placed under restricted residence under any written law in the Federation relating to restricted residence.

Appointment of officers

a Registrar of Criminals for the Federation;

Deputy Registrars and Assistant Registrars of Criminals for the Federation or any part of it; and 007e.fm Page 7 Monday, March 27, 2006 11:13 AM

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any other officer for the Federation or any part of it to exercise any or all of the functions of the Registrar.

Minister may deem or declare other particulars to be registrable particulars

The Minister may from time to time by order published in the Gazette—

The order made under paragraph (1)(a) may be general in respect of any particulars or offences or special in respect of any country or part of a country or a particular individual, class of individuals or any offence.

Functions of recording officer

when a person is arrested for any registrable offence;

when a person is convicted for a registrable offence unless his registrable particulars have already been taken under paragraph (a); and

when a person is not arrested but is summoned to appear in court on a charge for a registrable offence and when he is subsequently convicted, or is found guilty without a conviction being recorded under any order of the court binding over the accused to be of good behaviour, placing the accused under probation or under any other similar order of the Court which finds the accused guilty of a registrable offence (but dispenses with an order of conviction) except where a person is merely admonished or cautioned and discharged; or

when a banishee, expelee, deportee or restrictee is banished, expelled, deported or placed under an order of restricted residence as the case requires, and shall forward the fingerprint form to the Registrar who shall

(subject to this Act) retain the form.

Functions of authenticating officer

at the conclusion of the case where a person is—

acquitted and discharged of a registrable offence;

when a banishee is finally removed out of the Federation;

when an expelee is served with an expulsion order;

when a deportee is finally removed out of the

Federation; or 007e.fm Page 9 Monday, March 27, 2006 11:13 AM

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when a restrictee is placed under restricted residence, and shall forward the form duly authenticated to the Registrar who shall (subject to this Act) retain the form.

Register of registrable particulars to be kept

Subject to section 12 the Registrar shall keep and maintain—

The Registrar may keep and maintain a register containing registrable particulars relating to any country outside the

Federation in respect of which an order has been made pursuant to section 4 if the registrable particulars are forwarded to him by the Government of that country.

Refusal to sign fingerprint form an offence

Every person whose registrable particulars are taken pursuant to sections 5 and 6 shall sign the fingerprint form or if the person is unable to sign his name he shall affix his thumb impression in it which shall be countersigned by the recording or authenticating officer as the case requires.

Every person who refuses to have any of his registrable particulars taken or to sign the fingerprint form or to affix his thumb impression in it when lawfully required to do so by a recording officer or authenticating officer is guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred ringgit or to a term of imprisonment not exceeding three months or to both.

A recording officer or authenticating officer may pursuant to sections 5 and 6 use such force as is necessary or reasonable.

Save as otherwise provided in subsections (2) and (3) the

Registrar or police officer as the case requires shall—

Where no application under subsection (1) is made within three months from the date of acquittal and discharge or of the expiry of the period referred to in subsection (1) the Registrar shall destroy the fingerprint form, the photograph and the negative thereof.

Where under paragraph (1)(b) the person is again found guilty of a registrable offence during the period referred to in that paragraph the Registrar shall for the purposes of this Act retain the fingerprint form and record in the register the registrable particulars of the person (including particulars of both offences)

as if he had been convicted of both the offences notwithstanding that the Court dispenses with an order of conviction in respect of the subsequent offence.

Subject to section 13, subsections (1) and (2) shall not apply to any banishee, expelee or deportee.

Proof of finger impressions and previous convictions

fingerprint form if duly authenticated by the authenticating officer;

certificate, document or extract (whether relating to finger impressions or otherwise) which is—

based on entries extracted from the register;

and

certificate signed by the Registrar that—

the finger impressions of a person have been compared with other finger impressions previously or subsequently taken; and

When any certificate referred to in paragraph (1)(c) is admitted in evidence in court, the court or the accused may summon the Registrar as a witness and where the accused does so he shall give notice to the Public Prosecutor not less than ten days before the commencement of the trial.

Proof of previous convictions outside the Federation

For the purpose of this section “authorized officer” means a person or authority authorized by the government of the country or part of a country to keep and maintain finger impressions and other particulars deemed to be registrable particulars pursuant to section 4.

Any certificate issued by the authorized officer shall unless the contrary is proved be evidence of all the matters 007e.fm Page 12 Monday, March 27, 2006 11:13 AM

Registration of Criminals and

Undesirable Persons 13

described therein including the signature and authority of the authorized officer.

Inspector General may exempt certain cases from provision of

Act

is convicted of a registrable offence specified in the

Second Schedule;

has on the conviction been sentenced to a fine not exceeding one hundred ringgit;

has not (on the conviction) been sentenced to a term of imprisonment which is not a term of imprisonment in default of payment of a fine; and

has not previously been registered under this Act or under any written law prior to this Act in force in the

States of Peninsular Malaysia, Sabah or Sarawak dealing with the registration of criminals, be exempted from this Act.

The Registrar shall on the direction being given retain the registrable particulars of the convicted person for one year from the date of the conviction and shall subject to subsection (3)

forthwith destroy them.

The Inspector General of Police under subsection (1) may before the expiration of the period revoke the direction whereupon the Registrar shall record the registrable particulars of the convicted person pursuant to section 7 and inform the person of the revocation.

This section shall not apply to subsection 9(3).

Any person aggrieved by the revocation may appeal to the

Minister within thirty days of being informed of the revocation.

The Inspector General of Police may by notification published in the Gazette prescribe fingerprint forms or any other form which he deems expedient for the purposes of this Act.

Repeal and transitional

Any repeal shall not disturb the continuity status, operation or effect of any rule, regulation, order, approval, direction, form, record, register, finger impression, photograph, certificate, document or particulars of criminals, banishees, expelees, deportees, restrictees or other persons taken, recorded, made, used, entered, kept or maintained by or under any of the repealed laws before the commencement of this Act.

, (j) and (l)

†Act 368 … …

Sale of Drugs Act 1952 …

…

11

†Act 15

… …

Sedition Act 1948 …

…

…

9, 10

Act 335

… …

Societies Act 1966 …

…

…

42 to 49, 52

**Act 20

…

Telecommunications Act 1950…

25, 26, 27, 29, 30

_____________________________________________________________

*NOTE—This Act has been repealed by the Tabung Haji Act 1995 [Act 535] and previously in Part II.

**NOTE—This Act has been repealed by the Communications and Multimedia Act 1998 [Act 588] and previously in Part II.

†NOTE—These particulars previously in Part II.

Short Title

Sections 007e.fm Page 33 Monday, March 27, 2006 11:13 AM

34

THIRD SCHEDULE

[Section 16]

of section 245, for the words

“Fingerprints Ordinance” there shall be substituted the words, “Registration of

Criminals and

Undesirable

Persons Act 1969.”.

of subsection (3) of section 245, the reference to “Ord. No. 18 of 1956.” shall be deleted.