PREVENTION OF TERRORISM ACT 2015

Prevention of Terrorism laws OF MALAYSIA Act 769 prevention of terrorism act 2015 1 2 Act 769 Laws of Malaysia Date of Royal Assent ... ... 28 May 2015 Date of publication in the Gazette ... ... ... 4 June 2015 Publisher’s Copyright C percetakan nasional malaysia berhad All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Prevention of Terrorism Laws of malaysia Act 769 PREVENTION OF TERRORISM act 2015 ARRANGEMENT OF sections Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II POWERS OF ARREST AND REMAND 3. Arrest and production before Magistrate 5. Person in custody to be brought before Inquiry Officer 4. 6. Procedure before Magistrate Release of person remanded in custody 7. Special procedures relating to electronic monitoring device Part III INQUIRIES 8. Prevention of Terrorism Board 10. Duties and powers of Inquiry Officers 9. 11. 12. Appointment of Inquiry Officers Access by Inquiry Officer to detainees or prisoners Report of Inquiry Officer Part IV DETENTION AND RESTRICTION ORDERS 13. 14. Power to order detention and restriction Validity of detention orders 3 4 Laws of Malaysia Act 769 Section 15. Suspension of detention orders 16. Effect on term of imprisonment 18. Board’s power to revoke detention order, restriction order, suspended detention order or direction for extension of any such order 17. 19. 20. 21. 22. 23. 24. 25. 26. 27. Board’s power to extend detention order, restriction order or suspended detention order Judicial review of act or decision of Board Power to order removal Power to order production of detained person Registration Removal of name from Register Registered person not to consort with other registered persons Double penalties Loitering in public place, etc. Harbouring 28. Saving in respect of prosecution of persons detained Part V GENERAL 29. Powers of police to investigate 31. Taking of photographs and finger impressions 30. 32. 33. 34. Arrest Disclosure of information Power to amend Schedule Regulations 35. Saving and transitional Schedule 5 Prevention of Terrorism laws of malaysia Act 769 prevention of terrorism act 2015 An Act to provide for the prevention of the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of a foreign country and for the control of persons engaged in such acts and for related matters. [ ] WHEREAS action has been taken and further action is threatened by a substantial body of persons both inside and outside Malaysia which is prejudicial to the security of Malaysia or any part of Malaysia; AND WHEREAS Parliament considers it necessary to stop and prevent such action; NOW, THEREFORE, pursuant to Article 149 of the Federal Constitution, IT IS ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Prevention of Terrorism Act 2015. 6 Laws of Malaysia Act 769 (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. (1) In this Act, unless the context otherwise requires— “district, mukim, town or village” means the land included in any district, mukim, town or village under the provisions of any law for the time being in force relating to land; “Register” means the register kept by the Registrar under section 22; “Board” means the Prevention of Terrorism Board established under section 8; “Minister” means the Minister charged with the responsibility for home affairs; “registered person” means a person whose name is entered in the Register; “listed terrorist organization” means any specified entity declared under sections 66b and 66c of the Anti-Money Laundering, AntiTerrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613]; “Inquiry Officer” means an officer appointed by the Minister under section 9; “Registrar” means the Registrar of Criminals appointed under section 3 of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7]; “terrorist act” has the same meaning assigned to it by the Penal Code [Act 574]. (2) References to the supervision of the police shall be construed as references to the obligations imposed upon persons subject to police supervision under section 296 of the Criminal Procedure Code [Act 593]. Prevention of Terrorism 7 Part II POWERS OF ARREST AND REMAND Arrest and production before Magistrate 3. (1) A police officer may without a warrant arrest any person if he has reason to believe that grounds exist which would justify the holding of an inquiry into the case of that person under this Act. (2) When a person is arrested under subsection (1), the case shall be referred by the police officer to the Public Prosecutor for direction not later than seven days from the date of arrest. (3) Any person arrested under subsection (1) shall, unless sooner released, be taken without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) before a Magistrate. (4) The police officer making an investigation pertaining to a person arrested under this section shall cause a copy of the complete report of the investigation to be submitted to— (a) an Inquiry Officer; and (b) the Board, within such period as may be prescribed by the Minister by regulations made under this Act. Procedure before Magistrate 4. (1) Whenever any person is taken before a Magistrate under subsection 3(3), the Magistrate shall— (a) on production of a statement in writing signed by a police officer not below the rank of Inspector stating that there are grounds for believing that the name of the person who is engaged in the commission or support of terrorist acts involving listed terrorist organizations in a foreign country or any part of a foreign country should be entered in the Register, remand the person in police custody for a period of twenty-one days; or (b) if no such statement is produced, and there are no other grounds on which the person is lawfully detained, direct his release. 8 Laws of Malaysia Act 769 (2) Any person remanded under paragraph (1)(a) shall, unless sooner released, on or before the expiry of the period for which he is remanded, be taken before a Magistrate, who shall— (a) on production of— (i) a statement in writing signed by the Public Prosecutor stating that in his opinion sufficient evidence exists to justify the holding of an inquiry under section 10; and (ii) a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is intended to hold an inquiry into the case of that person under section 10, order the person to be remanded in custody for a period of thirty-eight days; or (b) if no such statements are produced, and there are no other grounds on which the person is lawfully detained, direct his release. (3) No person shall be arrested and detained under this section solely for his political belief or political activity. (4) Except as provided in subsection 10(6), the provisions of section 28a of the Criminal Procedure Code shall apply to any person remanded under this section. (5) The Public Prosecutor may appear in any application made under this section. (6) For the purpose of this section, “political belief or political activity” means engaging in a lawful activity through— (a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by— (i) membership of or contribution to that party; or (ii) open and active participation in the affairs of that party; Prevention of Terrorism 9 (b) the expression of an opinion directed towards any government in Malaysia; or (c) the pursuit of a course of action directed towards any government in Malaysia. Person in custody to be brought before Inquiry Officer 5. Every person remanded in custody under section 4 shall, if not sooner released, as soon as possible be brought before an Inquiry Officer. Release of person remanded in custody 6. (1) Any person remanded in custody under section 4 may at any time be taken before a Sessions Court Judge who, if there are no other grounds on which the person is lawfully detained— (a) shall direct his release if there is produced to the Sessions Court Judge a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is not intended to continue with an inquiry into the case of that person under section 10; or (b) in any other case, on the application of a police officer, may direct his release subject to— (i) the execution by the person of a bond, with or without sureties, for his due appearance at such place or places and at such time or times and within such period not exceeding fifty-nine days as the Sessions Court Judge may direct; or (ii) the supervision of the police for such period not exceeding fifty-nine days as the Sessions Court Judge may direct. (2) If a person is released under paragraph (1)(b), an electronic monitoring device shall be attached on the person in accordance with subsections (3) and (4). 10 Laws of Malaysia Act 769 (3) If the police officer intends to release the person under paragraph (1)(b) and attach an electronic monitoring device on the person upon his release, he shall submit a report to the Public Prosecutor before the application under paragraph (1)(b) is made. (4) Upon receipt of the report under subsection (3), the Public Prosecutor may apply to the Sessions Court Judge for the person to be attached with an electronic monitoring device in accordance with section 7 for the period of his release as allowed under paragraph (1)(b). Special procedures relating to electronic monitoring device 7. (1) Upon application by the Public Prosecutor under section 6, the Sessions Court Judge shall order the person to be attached with an electronic monitoring device for a period as the Sessions Court Judge may determine but which shall not exceed the period of his release as allowed under paragraph 6(1)(b). (2) The Sessions Court Judge shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device to the person. (3)  The person shall sign a form as specified in the Schedule and deposit the form with the Sessions Court Judge. (4) The person shall be attached with an electronic monitoring device by a police officer. (5) The person shall comply with all the terms and conditions of the electronic monitoring device and shall report to the nearest police station at such time as specified in the form. (6) Any person who fails to comply with the terms and conditions under subsection (5) commits an offence and shall be punished with imprisonment for a term not exceeding three years. (7) Any person who tampers with, or destroys, the electronic monitoring device commits an offence and shall be punished with imprisonment for a term not exceeding three years and such person shall be liable to pay for any damage to the electronic monitoring device arising from his action. Prevention of Terrorism 11 (8) Upon expiry of the period referred to in subsection (1), the person shall report to the nearest police station for removal of the electronic monitoring device. Part III INQUIRIES Prevention of Terrorism Board 8. (1) A Prevention of Terrorism Board is established which shall consist of the following members to be appointed by the Yang di-Pertuan Agong: (a) a Chairman, who shall be a legally qualified person with at least fifteen