REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969

007e.fm Page 1 Monday, March 27, 2006 11:13 AM LAWS OF MALAYSIA REPRINT Act 7 REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION , MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 007e.fm Page 2 Monday, March 27, 2006 11:13 AM 2 REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969 Date of Royal Assent … … … … … 22 April 1969 Date of publication in the Gazette … … … 1 May 1969 PREVIOUS REPRINTS First Reprint … … … … … 1992 Second Reprint … … … … 1999 PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 007e.fm Page 3 Monday, March 27, 2006 11:13 AM 3 LAWS OF MALAYSIA Act 7 REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Appointment of officers 4. Minister may deem or declare other particulars to be registrable particulars 5. Functions of recording officer 6. Functions of authenticating officer 7. Register of registrable particulars to be kept 8. Refusal to sign fingerprint form an offence 9. Return of fingerprint form on acquittal, etc. 10. Proof of finger impressions and previous convictions 11. Proof of previous convictions outside the Federation 12. Inspector General may exempt certain cases from provision of Act 13. Minister may order destruction of particulars of banishee, etc. 14. Regulations 15. Schedules and forms 16. Repeal and transitional FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 007e.fm Page 4 Monday, March 27, 2006 11:13 AM 007e.fm Page 5 Monday, March 27, 2006 11:13 AM 5 LAWS OF MALAYSIA Act 7 REGISTRATION OF CRIMINALS AND UNDESIRABLE PERSONS ACT 1969 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. [Throughout Malaysia—2 May 1969] 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 of Malaysia assembled, and by the authority of the same, as follows: Short title and application 1. (1) This Act may be cited as the Registration of Criminals and Undesirable Persons Act 1969. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “authenticating officer” means— (a) 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; (b) the police officer responsible for the final removal of the banishee out of the Federation and for authenticating the removal; (c) the police officer responsible for serving the expulsion order on the expelee and for authenticating the expulsion; 007e.fm Page 6 Monday, March 27, 2006 11:13 AM 6 Laws of Malaysia ACT 7 (d) 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 (e) 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) a police officer; (b) 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; (c) 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 (d) an immigration officer whose function is to prevent or prosecute any registrable offence under any written law in the Federation relating to immigration; 007e.fm Page 7 Monday, March 27, 2006 11:13 AM Registration of Criminals and Undesirable Persons 7 “register” means the register kept and maintained under section 7; “Registrar” means— (a) the Registrar of Criminals; and (b) 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— (a) the particulars of any conviction or sentence in respect of a registrable offence; (b) the particulars of any order relating to banishees, expelees, deportees or restrictees; (c) 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; (d) the particulars which the Minister deems to be registrable particulars under paragraph 4(1)(a); (e) 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 (f) 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. Appointment of officers 3. The Yang di-Pertuan Agong may by notification published in the Gazette appoint for the purposes of this Act— (a) a Registrar of Criminals for the Federation; (b) Deputy Registrars and Assistant Registrars of Criminals for the Federation or any part of it; and 007e.fm Page 8 Monday, March 27, 2006 11:13 AM 8 Laws of Malaysia (c) ACT 7 any other officer for the Federation or any part of it to exercise any or all of the functions of the Registrar. Minister may deem or declare other particulars to be registrable particulars 4. (1) The Minister may from time to time by order published in the Gazette— (a) 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 (b) 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. (2) 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. Functions of recording officer 5. 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)— (a) when a person is arrested for any registrable offence; (b) (i) when a person is convicted for a registrable offence unless his registrable particulars have already been taken under paragraph (a); and (ii) when a person in addition to being convicted of a registrable offence is sentenced to a term of imprisonment; 007e.fm Page 9 Monday, March 27, 2006 11:13 AM Registration of Criminals and Undesirable Persons 9 (c) 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 (d) 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. Functions of authenticating officer 6. An authenticating officer shall authenticate the fingerprint form— (a) at the conclusion of the case where a person is— (i) acquitted and discharged of a registrable offence; (ii) 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 (iii) convicted of a registrable offence; (b) when a banishee is finally removed out of the Federation; (c) when an expelee is served with an expulsion order; (d) when a deportee is finally removed out of the Federation; or 007e.fm Page 10 Monday, March 27, 2006 11:13 AM 10 Laws of Malaysia (e) ACT 7 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. Register of registrable particulars to be kept 7. (1) Subject to section 12 the Registrar shall keep and maintain— (a) a register containing registrable particulars relating to the States of Peninsular Malaysia, Sabah and Sarawak in the Federal Capital; (b) a register containing registrable particulars relating to Sabah in Sabah; and (c) a register containing registrable particulars relating to Sarawak in Sarawak. (2) 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. Refusal to sign fingerprint form an offence 8. (1) 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. (2) 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. (3) A recording officer or authenticating officer may pursuant to sections 5 and 6 use such force as is necessary or reasonable. 007e.fm Page 1