Malaysia legislation

Section 9

of REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969

Section 9

(1)

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

Registrar or police officer as the case requires shall—

(a)

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

(b)

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.

(2)

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.

(3)

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.

(4)

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

Proof of finger impressions and previous convictions

Section 9 — REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969