Act of Parliament · Updated to 1 Jan 2006
Registration of Criminals and Undesirable Persons Act 1969
Feedback & supportRegistering certain criminals, banishees, expelees and deporteesLong title
An Act to consolidate and amend the law providing for the registration of certain criminals, banishees, expelees, deportees and restrictees and for other purposes connected with it.
In force · Updated to 1 Jan 2006
Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Registration of Criminals and Undesirable Persons Act 1969.
This Act shall apply throughout Malaysia.
s 2Interpretation
In this Act, unless the context otherwise requires—
“authenticating officer” means—
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;
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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;
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“register” means the register kept and maintained under section 7;
“Registrar” means—
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.
s 3Appointment of officers
The Yang di-Pertuan Agong may by notification published in the Gazette appoint for the purposes of this Act—
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.
The Minister may from time to time by order published in the Gazette—
deem for the purposes of this Act particulars (forwarded to the Registrar) of persons convicted of any offence
(whether a registrable offence under this Act or otherwise) in or banished, expelled or deported from any country or part of a country outside the Federation to be registrable particulars; or
declare for the purposes of this Act any particulars
(other than the registrable particulars described in paragraphs (a) to (d) in the definition of “registrable particulars”) to be registrable particulars.
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.
s 5Functions of recording officer
The recording officer in charge of a case shall take or cause to be taken and recorded on the fingerprint form the finger impressions, photographs and other registrable particulars of any person (other than the particulars of any conviction, sentence or other order of the court in respect of a registrable offence at the conclusion of the case)—
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 in addition to being convicted of a registrable offence is sentenced to a term of imprisonment;
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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.
s 6Functions of authenticating officer
An authenticating officer shall authenticate the fingerprint form—
at the conclusion of the case where a person is—
acquitted and discharged of a registrable offence;
found guilty of a registrable offence 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; or
convicted 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
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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.
Subject to section 12 the Registrar shall keep and maintain—
a register containing registrable particulars relating to the States of Peninsular Malaysia, Sabah and Sarawak in the Federal Capital;
a register containing registrable particulars relating to
Sabah in Sabah; and
a register containing registrable particulars relating to
Sarawak in Sarawak.
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.
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.
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Save as otherwise provided in subsections (2) and (3) the
Registrar or police officer as the case requires shall—
where a person is acquitted and discharged of a registrable offence forthwith deliver to the person his fingerprint form, photograph and the negative of it on his application; or
where a person is found guilty of a registrable offence without a conviction being recorded deliver to the persons his fingerprint form, photograph and the negative of it on his application, on the expiry of the period of probation or binding over to be of good behaviour or any other period under any other similar order of the court which finds the accused guilty of a registrable offence (but dispenses with an order of conviction) unless the accused is found guilty again of committing a registrable offence during such period.
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.
Subject to subsection (2) every—
fingerprint form if duly authenticated by the authenticating officer;
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certificate, document or extract (whether relating to finger impressions or otherwise) which is—
based on entries extracted from the register;
and
certified by the Registrar to be so extracted; or
certificate signed by the Registrar that—
the finger impressions of a person have been compared with other finger impressions previously or subsequently taken; and
the finger impressions which have been compared belong to one and the same person, shall be admissible as evidence in court and be sufficient proof of the matters described therein unless the contrary is proved.
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.
A previous conviction in any country or part of a country
(in respect of which an order has been made under section 4)
outside the Federation may be proved by the production of certificates by an authorized officer certifying that the finger impressions of an accused person have been compared with those of a previously convicted person and that they belong to the one and same person.
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.
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described therein including the signature and authority of the authorized officer.
The Inspector General of Police may direct that any person other than a banishee, deportee, expelee or restrictee who—
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.
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s 13Minister may order destruction of particulars of banishee, etc.
The Minister may by order published in the Gazette order the destruction of the registrable particulars of any banishee, expelee or restrictee (who has not been convicted of a registrable offence)
on the expiry or thereafter, or revocation of the order of banishment, expulsion or restricted residence.
s 14Regulations
The Minister may make regulations for carrying the purposes of this Act into effect.
The Minister may by order published in the Gazette amend the First and Second Schedules.
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.
The written laws specified in Part I of the Third Schedule shall be repealed and the written laws specified in Part II of the
Third Schedule to the extent to which they are therein expressed to be amended are hereby amended accordingly.
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.
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