Section 4

A person arrested under subsection (1) shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.

No person shall be arrested and detained under this section solely for his political belief or political activity.

The person arrested and detained under subsection (1) may be detained for a period of twenty-four hours for the purpose of investigation.

Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.

10 Laws of Malaysia ACT 747

If the police officer is of the view that further detention is not necessary under subsection (5), the person may be released but an electronic monitoring device may be attached on the person in accordance with subsections (7) and (8) for the purpose of investigation.

If the police officer intends to attach an electronic monitoring device on the person upon his release, he shall submit a report of the investigation to the Public Prosecutor.

Upon receipt of the report under subsection (7), the Public

Prosecutor may apply to the Court for the person to be attached with an electronic monitoring device in accordance with the provisions in

Part IIIfor a period which shall not exceed the remainder of the period of detention allowed under subsection (5).

ILLUSTRATION

D is arrested for a security offence. After twenty-four hours of detention a

Superintendent of Police extended his detention for another seven days. At the expiry of the seven-day period D was released but he was still needed to assist the investigation. Upon receipt of a report from the police officer, the Public

Prosecutor may apply to the Court to attach an electronic monitoring device on

D. The Court may allow the electronic monitoring device to be attached to D up to a period of twenty-one days.

One week before the expiry of the period of detention under subsection (5), the police officer conducting the investigation shall submit the investigation papers to the Public Prosecutor.

This section shall have effect notwithstanding anything inconsistent with Articles 5 and 9 of the Federal Constitution and section 117 of the Criminal Procedure Code [Act 593].

Subsection (5) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of Parliament to extend the period of operation of the provision.

Security Offences (Special Measures)

For the purpose of this section, “political belief or political activity” means engaging in a lawful activity through—