DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 316 DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985 As at 15 July 2016 This text is ONLY AN UPDATED TEXT of the Dangerous Drugs (Special Preventive Measures) Act 1985 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985 Date of Royal Assent … … … 22 May 1985 Date of publication in the Gazette … … … 30 May 1985 Latest amendment made by Act A1510 which came into operation on … … … 15 July 2016 PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 316 DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II POWERS OF PREVENTIVE DETENTION 3. Power to detain suspected persons 4. Examination of persons acquainted with the facts and circumstances of case 5. Inquiry Officer 5A. Offence for failure to attend to give evidence, etc. 6. Power to order detention and restriction of persons 6A. Detention order not to be invalid or inoperative on certain grounds 7. Suspension of detention orders 8. Detention or restriction deemed to be undergone during period of imprisonment 9. Representations against detention orders 10. Report of Advisory Board 11. Review 11A. Minister’s power to extend a detention order, a restriction order, or a suspended detention order 11B. Minister’s power to revoke a detention order, or a restriction order, or a suspended detention order, or a direction for the extension of any such order 4 Laws of Malaysia ACT 316 Section 11C. Judicial review of act or decision of Yang di-Pertuan Agong and Minister 11D. Interpretation of “judicial review” 11E. Commencement of sections 11C and 11D 12. Power to summon witnesses 13. Member of Advisory Board deemed to be public servant 14. Disclosure of information 15. Power to order removal 16. Power to order production of detained person 17. Registration 18. Removal of name from register 19. Offence by registered person 20. Arrest 21. Provisions with regard to finger impressions and photographs 22. Power to make regulations 23. Subsidiary legislation made, and directions given, under the Ordinance to have effect under this Act 24. Removal of difficulties 25. This Act not to derogate from the Ordinance 5 LAWS OF MALAYSIA Act 316 DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985 An Act to provide for the preventive detention of persons associated with any activity relating to or involving the trafficking in dangerous drugs. [15 June 1985, P.U. (B) 305/1985] WHEREAS action which is prejudicial to public order in Malaysia has been taken and further similar action is being threatened by a substantial body of persons both inside and outside Malaysia; AND WHEREAS Parliament considers it necessary to stop such action; NOW, THEREFORE, pursuant to Article 149 of the Constitution BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Dangerous Drugs (Special Preventive Measures) Act 1985. (2) This Act shall come into operation on such date as may be appointed by the Minister by notification in the Gazette. (3) (Deleted by Act A1510). 6 Laws of Malaysia ACT 316 *(4) (Deleted by Act A1510). (5) (Deleted by Act A1510). Interpretation 2. In this Act, unless the context otherwise requires— “Advisory Board” means an Advisory Board constituted under Clause (2) of Article 151 of the Constitution for the purposes of that Article; “Chief Police Officer” means any police officer vested by the Inspector General with control of the Royal Malaysia Police in respect of any area or State and any senior police officer for the time being lawfully authorized to exercise the powers and perform the duties conferred or imposed upon a Chief Police Officer by this Act and shall in the case of Sabah and Sarawak include a Commissioner of Police; “dangerous drug” has the same meanings as is assigned to it under the Dangerous Drugs Act 1952 [Act 234]; “Inspector General” means the Inspector General appointed under section 5 of the Police Act 1967 [Act 344]; “Minister” means the Minister charged with the responsibility for internal security; “Officer in Charge of the Police District” has the meaning given to the expression “Officer in charge of a Police District” by the Criminal Procedure Code [Act 593]; “Ordinance” means the Emergency (Public Order and Prevention of Crime) Ordinance 1969 [Ord. 5 of 1969, P.U. (A) 187/1969]; “police officer” means any member of the Royal Malaysia Police;  *NOTE—See section 7 of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act 2016 [Act A1510] which come into operation on 15 July 2016. Dangerous Drugs (Special Preventive Measures) 7 “trafficking” has the same meaning as is assigned to it under the Dangerous Drugs Act 1952. PART II POWERS OF PREVENTIVE DETENTION Power to detain suspected persons 3. (1) Any police officer may, without warrant, arrest and detain, for the purpose of investigation, any person in respect of whom he has reason to believe there are grounds which could justify his detention under subsection 6(1). (2) Any person arrested and detained under this section may be detained in police custody for a period not exceeding sixty days without an order of detention having been made in respect of him under subsection 6(1): Provided that— (a) he shall not be detained for more than twenty-four hours except with the authority of a police officer of or above the rank of Inspector; (b) he shall not be detained for more than forty eight hours except with the authority of a police officer of or above the rank of Assistant Superintendent of Police; (c) he shall not be detained for more than fourteen days unless a police officer of or above the rank of Deputy Superintendent has reported the circumstances of the arrest and detention to the Inspector General or to a police officer designated by the Inspector General in that behalf and the Inspector General or police officer so designated by him, as the case may be, shall forthwith report the same to the Minister. 8 Laws of Malaysia ACT 316 (3) The police officer making an investigation pertaining to a person arrested and detained under this section shall cause a copy of the complete report of the investigation to be submitted— (a) to an Inquiry Officer appointed under subsection 5(1); and (b) to the Minister, within such period as may be prescribed by the Minister by regulations made under this Act. (3A) Where the person arrested and detained under subsection (1) is a person in respect of whom subsection 6(5) applies, the complete report of the investigation referred to in subsection (3) in respect of such person may include any statement, document, information, or other thing or material whatsoever which had been obtained in the course of any enquiries made in respect of such person by a police officer under section 3 of the Ordinance for the purpose of the detention order under section 4, or the restriction order under section 4A, as the case may be, of the Ordinance, against him, regardless that such statement, document, information, or other thing or material was obtained in a manner which does not accord or comply with the requirements of section 4, and it shall not be necessary for any statement to be taken under section 4 for the purpose of such report in respect of such person, but if any statement is taken under section 4 it shall also be included in such report in respect of such person. (4) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station, or in any other place authorized generally or specially by the Minister. Examination of persons acquainted with the facts and circumstances of case 4. (1) For the purpose of satisfying the Minister that an order under subsection 6(1) should be made and for the purpose of enabling the Minister to furnish a statement under paragraph 9(2)(b), a police officer making an investigation under this Act may direct any police officer not below the rank of Sergeant to examine orally any person Dangerous Drugs (Special Preventive Measures) 9 supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. (2) Such person shall be bound to answer all questions relating to such case put to him by such officer. (3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions. (4) A police officer examining a person under subsection (1) shall first inform that person of subsections (2) and (3). (5) A statement made by any person under subsection (1) shall bear the date and time of making thereof and shall be signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which it was made and after he has been given an opportunity to make any corrections he may wish. (6) The foregoing provisions of this section shall be without prejudice to subsection 3(3A). Inquiry Officer 5. (1) There shall be appointed by the Minister in writing such number of Inquiry Officers as may be necessary for the purposes of this Act: Provided that no police officer nor any person who is not legally qualified shall be appointed to be an Inquiry Officer. (2) Upon receiving the report under subsection 3(3), the Inquiry Officer shall inquire whether there are reasonable grounds for believing that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs. (3) An Inquiry Officer may, in his discretion, for the purpose of subsection (2)— 10 Laws of Malaysia ACT 316 (a) require the attendance before him of a person detained under section 3; (b) procure and receive all such evidence, whether oral or in writing and whether the same be admissible or not under any written law for the time being in force relating to evidence or criminal procedure, which he may think necessary or desirable; (c) summon and examine witnesses on oath or affirmation, and may for those purposes administer any oath or affirmation; (d) require the production of any document or other thing in his opinion relevant to the case. (3A) The Public Prosecutor may appear at an inquiry under paragraph (3)(c). (3B) The Minister may prescribe the allowances to be paid to any person or witnesses summoned or required to be present under subsection (3). (4) An Inquiry Officer shall submit his report in writing to the Minister within such period as may be prescribed by the Minister by regulations made under this Act. Offence for failure to attend to give evidence, etc. 5A. For the purpose of subsection 5(3), any person or witness summoned or required to attend who without reasonable excuse fails to attend at the time and place mentioned in the summons or who, having attended, refuses to answer any question that may lawfully be put to him, or refuses to produce any document or thing which it is in his power to produce, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both. Dangerous Drugs (Special Preventive Measures) 11 Power to order detent