Dangerous Drugs (Special Preventive Measures) Act 1985

Original Language Title: Dangerous Drugs (Special Preventive Measures) Act 1985

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Laws of Malaysia Act Reprinting Act 316 dangerous drugs (Special preventive measures) 1985 Containing all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 2010 JW515493 Act 316 tiny 1 4/13/10 11:20:47 AM 2 laws of Malaysia Act 316 Act dangerous drugs (Special preventive measures), 1985 date of Assent............... 22 May 1985 date of publication in the Gazette............ 30 May 1985 JW515493 Act 316 tiny 2 4/13/10 11:20:47 AM dangerous drugs (Special preventive measures) 3 laws of Malaysia Act 316 Act dangerous drugs (Special preventive measures) 1985 arrangement of sections part i preliminary section 1. short title and commencement 2. interpretation part ii the power of preventive detention 3. the power to detain people suspected of 4. Examination of person who knew the facts and circumstances of the case 5. Investigative officer 6. the authority ordered the detention and restrictions on people 6a. The detention order shall not be void or inoperative on the ground that certain 7. Suspension of the detention order 8. detention or restriction is deemed to have suffered during the period of imprisonment 9. representation against the detention order 10. report of the Advisory Board 11. review of 11a. Power of Minister extend the detention order, order restrictions, or the detention order which suspended 11b. Minister's power to cancel the detention order or order of the restriction or detention order which suspended, or instructions for extension of any such order 11c. Judicial review will act or decision of the yang di-Pertuan agong and Minister JW515493 Act 316 tiny 3 4/13/10 11:20:47 AM 4 laws of Malaysia Act 316 Section 11 d. Interpretation of "judicial review" 11e. Start the currency section 11c and 11 d 12. the power to call witnesses 13. Member of the Advisory Board are deemed to be public servants 14. Disclosure of information 15. order the power transfer 16. the authority ordered the production of 17 detainees. Registration 18. delete a name from the register of 19. offence by the person registered 20. The arrest of 21. Provision of fingerprints and photographs 22. power make regulations 23. Subsidiary legislation made, and instructions given, under the Ordinance, have effect under this Act 24. Removal difficulties 25. This Act does not cut the JW515493 Ordinance Act 316. tiny 4 4/13/10 11:20:47 AM dangerous drugs (Special preventive measures) 5 laws of Malaysia Act 316 Act dangerous drugs (Special preventive measures) 1985 an act to make provision about the preventive detention of persons connected with any activity relating to or involving the distribution of dangerous drugs.
[June 15, 1985, P.U. (B) 305/1985] that actions prejudicial to public order in malaysia have taken similar action and threatened by a large group of people within and outside malaysia;
and whereas the Parliament considers it is necessary the action is stopped;
then, by such matter, in accordance with 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 Act (Special preventive measures), 1985.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
JW515493 Act 316 tiny 5 4/13/10 11:20:47 AM 6 laws of Malaysia Act 316 (3) this Act shall remain in force for a period of five years from the date specified by the Minister under subsection (2).
(4) Notwithstanding subsection (3), this Act may, by a resolution passed by both houses of Parliament, extended for a period or periods specified in the resolution.
(5) upon the expiry of this Act — (a) any person detained in police custody under section 3 shall be released immediately; and (b) any order under section 6 or 7 shall cease from force and — (i) the officer in charge of any place of detention shall discharge from custody of every person detained therein pursuant to a detention order under section 6 or 7 immediately; and (ii) the Chief Officer of the State police or Federal District in which a person who is subject to a restriction order under section 6 or 7 stay shall notify that person immediately that he was no longer subject to restrictions and conditions imposed by the order.
interpretation 2. In this Act, unless the context otherwise requires — "dangerous drug" has the same meaning as assigned to it under the dangerous drugs Act 1952 [Act 234];
"the Chief Police officer" means a police officer authorized by the Inspector General of police to control the Royal Malaysian police about any area or State and a senior police officer for the time being authorized with JW515493 Act 316 tiny 6 4/13/10 11:20:47 AM dangerous drugs (Special preventive measures) 7 valid for exercise of the powers and duties granted to or imposed upon a head of the police officer by this Act and for Sabah and Sarawak, includes any person the Commissioner of police;
"Chief of police" means the Chief of police who is appointed under section 5 of the Police Act 1967 [Act 344];
"Advisory Board" means an Advisory Board established under clause (2) of article 151 of the Constitution for the purpose of the matter;
"Minister" means the Minister in charge of internal security;
"Ordinance" means the emergency (public order and prevention of crime) 1969 [Ordinance 5/1969, p.u (A) 187/1969];
"District Police Officer" has the meaning given to the expression "Officer of the district police" by criminal procedure code [Act 593];
"distribution" has the same meaning as assigned to it under the dangerous drugs Act 1952.
part ii the power of preventive detention authority to detain people suspected 3. (1) any police officer may arrest, without a warrant, and hold, for the purposes of the investigation, any person in respect of which he has reason to believe that there are reasons that justify the detention of such person 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 a detention order made on that person under subsection 6 (1): JW515493 Act 316 tiny 7 4/13/10 11:20:47 AM 8 laws of Malaysia Act 316 provided that — (a) that person may not be detained for more than twenty-four hours except with the permission of a police officer below the rank of inspector or higher;
(b) a person shall not be detained for more than forty-eight hours except with the permission of a police officer below the rank of Assistant Superintendent of police or higher;
(c) the person shall not be detained for more than fourteen days unless a police officer below the rank of Deputy Superintendent or higher has reported the circumstances of arrest and detention to the Chief of police or a police officer designated by the Chief of police for that purpose and the Chief of police or police officer who set such by him , as the case may be, shall report the same to the Minister.
(3) the police officer making an investigation relating to a person who is arrested and detained under this section shall cause a copy of the full report of the investigation presented — (a) to an officer of investigation appointed under subsection 5 (1); and (b) to the Minister, within such periods as may be prescribed by the Minister by regulations made under this Act.
(3a) if the person arrested and detained under subsection (1) is one in respect of which subsection 6 (5) apply, the full report of the investigation referred to in subsection (3) in respect of that person can contain any statement, document, information, or any article or other materials, which was obtained during an investigation in respect of such persons is carried out by a police officer under section 3 of the Ordinance for the purpose of the detention order under section 4 , or a restriction order under Section 4a, as the case may be, ordinances, against him, without JW515493 Act 316 tiny 8 4/13/10 11:20:47 AM dangerous drugs (Special preventive measures) 9 take into account that a statement, document, information, or other objects or other material has been obtained in a manner that is not consistent with or does not comply with the requirements of section 4, and does not need a statement taken under section 4 for the purposes of such report in respect of that person , but if a statement is taken under section 4, it shall also be included in such reports in respect of the person.
(4) any person detained under the powers conferred by this section shall be deemed to be in legal custody, and may be detained in any prison, or at any of the nearest police station, or at any other place authorised generally or specially by the Minister.
examination of person who knew the facts and circumstances of the case

4. (1) for the purpose of satisfaction of the Minister that an order under subsection 6 (1) should be made and for the purpose of enabling the Minister to give a statement under paragraph 9 (2) (b), a police officer making an investigation under this Act may examine orally any person calculated knowing the facts and circumstances of the case and shall register any statement made by the person who inspected it.
(2) such person shall be bound so that answer all questions relating to the case submitted to him by the officer.
(3) a person who makes a statement under this section shall be legally bound law to state the fact, whether or not the statement was made in whole or in part as an answer to the question.
(4) a police officer examining a person under subsection (1) shall first inform that person about subsection (2) and (3).
(5) a statement made by any person under subsection (1) shall have the date and time it is made and shall be signed by the person who made it JW515493 Act 316 tiny 9 4/13/10 11:20:47 AM 10 laws of Malaysia Act 316 or stamped with the stamp of mother jarinya, as the case may be, after the statement was read out to him in the language of the statement was made and after he was given the opportunity to make any corrections required.
(6) the preceding provisions of this section shall not affect the provisions of subsection 3 (3a).
investigative officer 5. (1) there shall be appointed by the Minister in writing as many Officers of the investigation necessary for the purposes of this Act: provided that a police officer or a person who does not have legal qualifications cannot be appointed as an official investigation.
(2) when he received a report under subsection 3 (3), the officer in charge of the investigation shall investigate whether there are reasonable grounds to believe that the person ever there or is connected with any activity relating to or involving the distribution of dangerous drugs.
(3) an Investigation Officer may, at its discretion, for the purpose of subsection (2) — (a) require a person detained under section 3 to appear before it;
(b) obtain and receive all evidence, either oral or in writing and whether the evidence is admissible or not under any written law for the time being in force relating to criminal procedure or evidence, may deem necessary or required;
(c) call and examine witnesses who have vowed or pledged, and may for that purpose operates the oath or pledge;
(d) require the submission of any document or other thing which, in his opinion related to the case.
JW515493 Act 316 tiny 10 4/13/10 11:20:47 AM dangerous drugs (Special preventive measures) 11 (4) an officer shall submit his report the inquiry in writing to the Minister within such periods as may be prescribed by the Minister by regulations made under this Act.
the authority ordered the detention and restriction of people 6. (1) if the Minister, after considering the — (a) the full report of the investigation submitted under subsection 3 (3); and (b) report of the Inquiry Officer submitted under subsection 5 (4), are satisfied with respect to any person that the person ever there or is connected with any activity relating to or involving the distribution of dangerous drugs, the Minister may, if he is satisfied that the interest of public order that person needs to be detained, by order (hereinafter referred to as "detention order") directing that the person to be detained for a period not exceeding two years.
(2) every person who is detained pursuant to a detention order shall be detained in a place (hereinafter referred to as "places of detention") as directed by the Minister and in accordance with any instructions issued by the Minister and any regulations made under section 22.
(3) if the Minister is satisfied that for the purpose referred to in subsection (1) of the control and surveillance need to be made to any person or that the restrictions and conditions to be imposed on that person in respect of activities, moving his residence or place of independency or place of work, but do not need to detain that person for that purpose, the Minister may make an order (hereinafter referred to as "restriction order") impose on the person (hereinafter referred to as "people sanctions") all or any of the restrictions and the following conditions: (a) that he or she shall be subject to police supervision for a period not exceeding two years;
JW515493 Act 316 tiny 11 4/13/10 11:20:48 AM 12 laws of Malaysia Act 316 (b) that he shall live in a State or in any Federal District or any area specified in the restriction order;
(c) that he cannot change his residence to any other area without written permission of the Chief Officers of the State police or federal territory concerned;
(d) that, except to the extent otherwise provided by order of the restrictions, he can't leave the area where he lived without the written consent of the Chief Executive Officer of the State police or federal territory concerned;
(e) that he shall always ensure Officer Police District where he lives, know your home or his/her habitual residence;
(f) that he shall at the time or hours as specified in the restriction order of presenting themselves at the nearest police station almost at all;
(g) that he shall be in the home, or in the spaces as may be specified in the restriction order, between the time as specified in the restriction order, except he got special permission instead of the Police District Officer;
(h) that, except to the extent otherwise provided by order of the restrictions, he can't enter any area specified in the restriction order;
(i) that he shall keep the peace and behave well;
(j) that he shall bind a bond, with or without sureties as may be directed by the Minister and by the amount as specified in the restriction order, for compliance with appropriate restrictions and conditions imposed thereon by the restriction order.
(4) every restriction order shall remain in force for a period, not exceeding two years, as JW515493 Act 316 tiny 12 4/13/10 11:20:48 AM dangerous drugs (Special preventive measures) 13 stated therein, and may contain an instruction by the Minister that the person in respect of which the order is made shall bind a bond with or without sureties and with any amount of money as specified for compliance with appropriate restrictions and conditions imposed thereon.
(5) a detention order under subsection (1), or a restriction order under subsection (3), may be made against someone even once, or at any time, before he was arrested and detained under subsection 3 (1) — (a) he was detained under a detention order made under section 4, or has become subject to a restraint order made under Section 4a Ordinance on the ground that the same similar in total or in part on the grounds that it order of detention under subsection (1) or restriction order under subsection (3) shall be made thereto; and (b) he has been released from detention either when the period of the detention order made under section 4 of the Ordinance against him expired, or by any other means prior to the expiration of the offer, or he has ceased from being subject to the restriction order made under Section 4a of the Ordinance against it either when the period of the restriction order expiration , or by any other means prior to the expiration.
(6) the Minister may, from time to time, by notice in writing served upon the person who is the subject of a restriction order, vary, revoke or add to any restrictions or conditions imposed on that person by the order, and restrictions or conditions of such modified and any restrictions or conditions imposed in such a way shall, unless cancelled in advance, remain in force for parts of the unexpired period specified under subsection (4) or under subsection 11a ( 1). (7) any person who contravenes the restriction or fails to comply with any restrictions or conditions specified in the order of the restrictions may be guilty of an offence and on conviction to imprisonment for a period JW515493 Act 316 tiny 13 4/13/10 11:20:48 AM 14 laws of Malaysia Act 316 not more than five years and not less than three years.
the detention order shall not be void or inoperative on the ground that certain 6A. (1) no detention order may be void or inoperative by reason of — (a) o rang a te rhadapnya per in tah prisoner i tu means — (i) was immediately after the detention order made detained in any place other than the place of detention referred to in subsection 6 (2);

(ii) continue to be detained immediately after the detention order is made at the place where he was detained under section 3 before he moved to a place of detention referred to in subsection 6 (2), while the maximum duration of such detention under subsection 3 (2) has expired; or (iii) have during the duration of the detention order is on the way in the custody of police or in any other custody to a place of detention referred to in subsection 6 (2); or (b) the detention order was delivered to him in any place other than the place of detention referred to in subsection 6 (2), or there are any defects relating to the delivery of detained him.
(2) no new detention order or order new restrictions referred to in subsection 11b (2) may be void or inoperative by reason of no new reports were submitted under subsection 3 (3) and 5 (4) or order the detention or restriction order has been made on the ground that the same as the order of detention or restriction order is earlier.
suspension of the detention order 7. (1) the Minister may, at any time, direct that any effective detention order was suspended subject to JW515493 Act 316 tiny 14 4/13/10 11:20:48 AM dangerous drugs (Special preventive measures) 15 all or any of these restrictions and conditions which he is empowered by subsection 6 (3) charge by a detention order, and subject, if the Minister so directs, to the requirement that the person against whom the detention order is made shall bind a bond as provided in subsection 6 (4).
(2) where a detention order was suspended as the first, subsection 6 (6) shall have effect as if these restrictions and conditions with which the detention order was suspended restrictions and conditions imposed by an order restrictions.
(3) the Minister may revoke the suspension of any detention order if he is satisfied that the person against whom a detention order is made has fails to comply with any restrictions or conditions imposed thereon or that the suspension should be revoked in the interest of public order, and in any case such revocation of suspension shall provide adequate power to any police officer without warrant arrest the person against whom the detention order is made , and such person shall be returned as soon as practicable to the place of remand past or, if directed by the Minister, sent to a place of detention to another.
(4) suspension of any detention order as mentioned previously, shall be subject to subsection 6 (6) as it applies through subsection (2) and subject to subsection (3), remain in force for parts of the unexpired period of the detention order under subsection 6 (1) or under subsection 11a (1).
detention or restriction is deemed to have suffered during the period of imprisonment 8. If a person — (a) that is undergoing detention or restriction under section 6 or 7, sentenced to imprisonment for any period under this Act or any other written law; or JW515493 Act 316 tiny 15 4/13/10 11:20:48 AM 16 laws of Malaysia Act 316 (b) has extended the period of remand or restrictions under subsection 11a (1) while he is undergoing any period of imprisonment, detention or restriction or further detention or further restrictions shall be deemed to have suffered coincides with a period of imprisonment, and if, during the period of imprisonment is completed , there is still any part of the period of detention or restriction or a period of further detention or further restrictions that unexpired he shall be required to be detained or restrictions, as the case may be, for the unexpired portion of expiry of such period.
representation against the detention order 9. (1) a copy of every order made by the Minister under subsection 6 (1) shall be served on the person to whom the order relates to as soon as possible after the order is made, and each such person shall be entitled to make representations to an Advisory Board.
(2) for the purpose of enabling a person to make representations under subsection (1) he shall, at the time it is delivered to him the order of — (a) be notified of his right to make representations to an Advisory Board under subsection (1); and (b) given by the Minister a written statement — (i) on the ground with which the order is made;
(ii) regarding the allegations of fact with which the order is based; and (iii) on such other particulars, if any, which in the opinion of the Minister may be required with reasonably required by such person to make representasinya of the order to the Advisory Board.
(3) the yang di-Pertuan agong may make rules about the manner in which representation can be made and for regulating the procedures of the Advisory Board.
JW515493 Act 316 tiny 16 4/13/10 11:20:48 AM dangerous drugs (Special preventive measures) 17 report of the Advisory Board 10. (1) where any person has made representations under subsection 9 (1) to an Advisory Board, the Advisory Board shall, within three months from the date of receipt of the representations, or within such longer period as may be allowed by the yang di-Pertuan agong, considering the representations that and make recommendations thereon to the yang di-Pertuan agong. (2) when considering the recommendation of the Advisory Board under this section, the yang di-Pertuan agong may give the Minister the instructions, if any, as it thinks fit on the order made by the Minister and every decision of the yang di-Pertuan agong shall, subject to section 11, be final and shall not be questioned in any court.
review of 11. (1) every order or instructions made or given by the Minister under subsection 6 (1) or (3), or under section 7, or under subsection 11a (1) shall, as long as it is in force and whether or not the representations under section 9 has been made, reviewed by an Advisory Board of not more than twelve months from the date of order or instruction that and however also not later than three months prior to the period referred to in the order or the command expiration: provided that the Minister may, at any time during the period of detention or restriction imposed by the orders or directions, direct the Advisory Board that reviewed the case.
(2) the Advisory Board shall, upon completion of making every review under this section, submit to the Minister, before the period of detention or restriction is due, a written report about each review that.
(3) if the Advisory Board has reported that in its opinion the detention or restriction should be stopped, the Minister shall cancel the detention order or the restriction order.
JW515493 Act 316 tiny 17 4/13/10 11:20:48 AM 18 laws of Malaysia Act 316 (4) if the Advisory Board has reported that in its opinion the detention or restriction should continue, the Minister may continue the detention or restriction of the person concerned.
power of Minister extend the detention order, order restrictions, or the detention order which suspended 11A. (1) the Minister may, at any time before the time frame — (a) a detention order made under subsection 6 (1);
(b) a restriction order made under subsection 6 (3); or (c) a detention order which suspended under subsection 7 (1) (hereinafter referred to as "the detention order which suspended"), expiration, direct that the order term is extended for a further period, not exceeding two years, as determined by him, starting as soon as the period of time during at that time expiration, and if the Minister directs such he shall state the reasons for the extension instructions and State whether the reason — (aa) the same as the grounds on which it the original order is made;
(bb) are different from the reasons with which the order is made initially; or (cc) was partly the reason the same and some different reasons.
(2) if the duration of a suspended detention order is extended under subsection (1), the period of instruction for suspension under subsection 7 (1) shall be deemed to have been extended for the duration of the extension of the detention order, which suspended it with restrictions and conditions imposed with respect to the suspension, subject, if the Minister so directs, to the requirement that the person against whom the detention order is made shall be binding on a new bond as provided in JW515493 Act 316. tiny 18 4/13/10 11:20:48 AM dangerous drugs (Special preventive measures) 19 subsection 6 (4), and section 7 shall apply with regard to suspension of extended in accordance with the same way as it applies on the original suspension under subsection 7 (1).
(3) where a direction under subsection (1) for the extension of the duration of a detention order or a detention order was suspended on the ground that are included under paragraph 1 (bb) or (cc), sections 9 and 10 shall apply regarding the command as if the command is a new detention order.

(4) the duration of a detention order, or order restrictions, or the detention order which suspended, extended under subsection (1) may, after that, extended from time to time for further period not exceeding two years at a time, and the provisions of this section shall apply mutatis mutandis with respect to each such extension.
Minister's power to cancel the detention order or order of the restriction or detention order which suspended, or instructions for extension of any such order 11b. (1) Notwithstanding anything contained in this Act, the Minister may at any time cancel any detention order made under subsection 6 (1), or any restriction order made under subsection 6 (3), or any detention order which suspended, or any direction under subsection 11a (1) for the extension of the duration of any such order, if he deems fair or ought to do so.
(2) any cancellation under subsection (1) shall not affect the validity of the orders or instructions before pembatalannya or anything done thereunder, or the power of the Minister to make a new detention order under subsection 6 (1) or the new restriction order under subsection 6 (3) or give directions under subsection 11a (1) in respect of the person against whom the order or direction revoked has been made or given.
JW515493 Act 316 tiny 19 4/13/10 11:20:48 AM 20 laws of Malaysia Act 316 judicial review will act or decision of the yang di-pertuan agong and the Minister of 11c. (1) there shall not be held any judicial review in any court will be, and no court can have or exercise any jurisdiction in respect of, any act done or decisions made by the yang di-Pertuan agong or the Minister in the exercise of their discretion in accordance with this Act, with the exception of any questions about compliance with any requirements of the procedures under this Act which regulates the Act or decision.
(2) exception regarding any questions about compliance with any requirements of the procedures in subsection (1) does not apply if the reasons are as described in section 6a.
interpretation of "judicial review" 11 d. In this Act, "judicial review" includes proceedings initiated by way of — (a) an application for a prerogative of any order for mandamus, prohibition and certiorari;
(b) application for designation or an injunction;
(c) the writ of habeas corpus; and (d) any suit, action or other legal proceeding relating to or arising from any act done or decisions made by the yang di-Pertuan agong or the Minister in accordance with this Act.
Start the currency of 11c section 11 d and 11e. (1) Section 11c and 11 d shall apply to any proceeding initiated by way of judicial review of any action done or decisions made by the yang di-Pertuan agong or the Minister in accordance with this Act, whether such proceedings have been instituted before or after the start the currency Act the dangerous drugs (Special preventive measures) (Amendment) Order 1989 [Act A738].
JW515493 Act 316 tiny 20 4/13/10 11:20:48 AM dangerous drugs (Special preventive measures) 21 (2) a reference to proceedings in subsection (1) shall not include a reference to the proceedings has expired and in respect of which a final decision of the Court has been given before the currency Act the dangerous drugs (Special preventive measures) (Amendment) Order 1989, or reference to any appeal or any application to appeal against a final decision of such.
the power to call witnesses 12. Each Advisory Board shall, for the purposes of this Act but subject to section 14, has all the powers of a court for calling and examining witnesses, conduct the oath or pledge, and to compel the production of documents.
Member of the Advisory Board are deemed to be public servants 13. Each Member of a Board of advisers and Investigation officers shall be deemed to be a public servants within the meaning of the Penal Code [Act 574] and shall have, if any action or suit brought against him for any actions taken or omitted from taken in discharging its duties under this section, the same protection and privileges as may be conferred by law to a judge in the execution of his Office.
disclosure of information 14. There is nothing in this part or in any rules or regulations made thereunder may require the Minister or any member of an Advisory Board or any officer of the Investigation or any public servants disclose facts or produce a document or penzahirannya to its production it considers contrary to the national interest.
JW515493 Act 316 tiny 21 4/13/10 11:20:49 AM 22 laws of Malaysia Act 316 power ordered the transfer of 15. (1) the Minister may by order direct the removal of any person detained under subsection 6 (1), or under subsection 11a (1), from any place of detention to a place of detention to another specified in the order, to be detained there for the whole or any part or parts of the period have been commanded to the person detained.
(2) any person who is transferred under subsection (1) shall be deemed to be in legal custody.
the authority ordered the production of detainee 16. (1) upon proof to his satisfaction that attendance at any place any person detained under subsection 6 (1), or under subsection 11a (1), or in the custody of the legitimate police or confined in any jail, whether under subsection 6 (1) or under subsection 11a (1), or under an order of any court or otherwise however by any means whatsoever , and notwithstanding any order of any court or other authority, is required in the interest of Justice, or for the purposes of any inquiry or investigation, or for the sake of national interest, or the interest of the person arrested, in custody, or confined, the Minister may order that the person be brought to that place.
(2) any person who is taken to any place under subsection (1) and while at that place should be placed in custody as directed by the Minister and while in custody shall be deemed to be in legal custody.
registration 17. (1) the Registrar of criminals who are appointed under section 3 of the Act for registration of Criminals and unwanted people 1969 [Act 7] (hereinafter referred to as "the Registrar") shall keep a register for the purposes of this Act in which the JW515493 Act 316 tiny 22 4/13/10 11:20:49 AM dangerous drugs (Special preventive measures) 23 shall be entered the name and person restrictions and everyone with which a detention order is currently in effect (either suspended under section 7 or not) together with details of such person as may be prescribed, and when the names and details of any such person has been recorded in the register he shall become (and hereinafter referred to) "registered person" for the purposes of this Act.
(2) any police officer not below the rank of Inspector may — (a) visit any place referred to in subsection 6 (2) for the purpose of taking fingerprints and photographs of any person detained in it and get other details about that person as may be prescribed or as may be necessary to carry out the registration of that person under subsection (1);
(b) by written notice direct that any person present restrictions before it, on time and at the place specified in the notice, for the purpose of taking fingerprints and photographs of that person and get other details about that person as may be prescribed or as may be necessary to carry out the registration of that person under subsection (1).
(3) any person who, when required by a police officer not below the rank of Inspector to provide the particulars referred to in paragraph (2) (a) or (b), refused to give any details of that or give any details of which he knows or has reason to believe is false, commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding one month or to both.
(4) if any person is not present as directed under paragraph (2) (b), police officer issued a notice that may cause he was arrested without a warrant by any police officer and brought before it for the purpose specified in that subsection.
JW515493 Act 316 tiny 23 4/13/10 11:20:49 AM 24 laws of Malaysia Act 316 Delete names from the register 18. (1) where an order under subsection 6 (1) or (3) or a direction under subsection 11a (1), expired or repealed or revoked so that the person in respect of which the order is made is no longer subject to any restriction or condition, the Registrar shall delete the name of the person and all postings about it from the register immediately.

(2) the Minister may, at any time in its discretion, direct the Registrar deleted the name of any person from the register, and then that person shall cease to be a person registered, unless and until its name was recorded back then in the register pursuant to section 17.
offence by the person registered 19. (1) any person who is found to have registered with any person registered to another without the permission of the District Police Officer where he lived commits an offence and shall, on conviction, liable to a fine of one thousand dollars or to imprisonment for a period not exceeding one year or both, unless he proves that he did not know and there is no reason to suspect that the person found to have with him is a person registered.
(2) in subsection (1), "registered person" includes — (a) any person registered under this Act;
(b) any person with which the details can be checked from the type referred to in subparagraph (b) in the definition of "details can be checked" in section 2 of the Act for registration of Criminals and unwanted people 1969 contained in one of the registers referred to in subsection 7 (1) or (2) of the Act; and (c) any person who is subject to the supervision of the police under section 295 criminal procedure code.
JW515493 Act 316 tiny 24 4/13/10 11:20:49 AM dangerous drugs (Special preventive measures) 25 arrest 20. any police officer may arrest, without a warrant, any person if he has reason to believe that the person has committed an offence against section 19, and every such offence is an offence can be arrested and not be underwritten for the purposes of criminal procedure.
provision of fingerprints and photographs 21. (1) any police officer may take or cause taken fingerprints and photographs of any person whose name is required to be recorded in the register under subsection 17 (1), and shall transmit photographs and fingerprints to the Registrar and each such person shall be legally bound law to comply with the intake cap jarinya and pictures fotonya, and can be forced for that purpose by using violence , if necessary.
(2) any person who, while legally bound under subsection (1) so that the intake cap jarinya and pictures fotonya, refuses to or does not comply to it when requested to do so commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty dollars or to imprisonment for a period not exceeding one month or to both.
(3) if the name of any person removed from the register under subsection 18 (1) or (2), the Registrar may, on the application of that person, send a submit to him a sheet on it the person's fingerprint is made, together with the negative and all copies of any photographs of that person that has been taken and sent to the Registrar under this section; and if no such application is received within three months from the date of removal of the Registrar shall destroy the sheet and each negative and photograph it.
power make regulations 22. (1) the Minister may make regulations to carry out the purposes of this Act.
JW515493 Act 316 tiny 25 4/13/10 11:20:49 AM 26 laws of Malaysia Act 316 (2) in particular and without prejudice to the generality of subsection (1) such regulations may — (a) provide on the maintenance and management of places of detention and about the discipline and the treatment of persons detained therein and different rules may be made for different places of detention;
(b) prescribing the form of express and forms as may be necessary or expedient used relating to matters provided for in this Act or in any regulations made thereunder;
(c) require all or any class of persons registered to bring your identity card, to make provision about the nature, production, production, inspection, cancellation, alteration, endorsements and the replacement of any such card, and replacement of an identity card issued to such person or persons from the class under any other written law with such cards, and about all other things as are necessary or expedient in connection with any such card or about took him or enforcing any such regulations , including prescribing penalties not exceeding a fine of five thousand dollars or to imprisonment for a term of three years or both in respect of any offence; and (d) prescribing anything that may be prescribed under this Act.
(3) (Cut by the A629 Act).
subsidiary legislation made, and instructions given, under the Ordinance, have effect under this Act 23. (1) all rules and regulations are made, and the instructions given under the Ordinance and in force immediately before the commencement of this Act shall, in so far as it is inconsistent with the provisions of this Act, be deemed to have been made or given under this Act by the relevant authorities having power make or provide rules, regulations or orders under this Act (irrespective of whether the powers under this Act is shown as power to make rules or power to make JW515493 Act 316 tiny 26 4/13/10 11:20:49 AM dangerous drugs (Special preventive measures) 27 regulations for matters concerned), and shall, therefore, have effect for the purposes of this Act with all the modifications necessary to menyelaraskannya with the provisions of this Act, until they are replaced by rules, regulations or instructions made or given under this Act by the relevant authorities which have the authority to make or give method the directives, regulations or under this Act.
(2) on wearing the provisions of subsection (1), the provisions of — (a) the proviso to subsection 4(3);
(b) the first proviso to subsection 5 (3); and (c) subsection 13g (3), the Ordinance shall also apply mutatis mutandis in relation to this Act in the same manner as they apply in relation to the Ordinance.
Elimination of trouble 24. (1) the yang di-Pertuan agong may, by order published in the Gazette, make provisions as he thinks necessary or expedient to provide for eliminating any difficulties or anomoli in any written law, or in exercising any functions, exercise such power, or perform any obligation, or do any act, under any written law due to the provisions of this Act , and for that purpose such Order can make whatever modifications, fitting, alteration, conversion or amendment to any written law.
(2) in subsection (1) "written law" covers this Act and any other law expressly mentioned in this Act.
This Act does not reduce Ordinance 25. for the avoidance of doubt, it is hereby declared that nothing contained in this Act shall be, JW515493 Act 316 tiny 27 4/13/10 11:20:49 AM 28 laws of Malaysia Act 316 in any way whatsoever, to reduce the provisions of Ordinance in its application of any person who has or is connected with any activity relating to or involving the distribution of dangerous drugs under the dangerous drugs Act 1952.
JW515493 Act 316 tiny 28 4/13/10 11:20:49 AM dangerous drugs (Special preventive measures) 29 laws of Malaysia Act 316 Act dangerous drugs (Special preventive measures) 1985 List Amendment law short title force amend the a629 Act from the dangerous drugs Act (step-18-12-1985; Special preventive measures) (Amendment) Regulations 1985 except subs. 13 (2) & 14 (2): 15-06-1985 * * a707 Act the dangerous drugs Act (step-15-07-1988; Special preventive measures) except s. 3: (Amendment) 1988 18-12-1985 a738 Act the dangerous drugs Act (step-24-08-1989 special preventive measures) (Amendment) Order 1989 * * * a766 Act the dangerous drugs Act (step-03-04-1990; Special preventive measures) except (Amendment) 1990 se. 3 (b): 15-07-1988 * note — see subsection 5 (2) of the dangerous drugs (Special preventive measures) (Amendment) Regulations 1985 [Act A629] for the impact of the law on the order of detention or restriction order and see section 15 and 16 the dangerous drugs Act (Special Penncegahan measures) (Amendment) Regulations 1985 [Act A629] for transitional provisions.
* * Note — see section 4 of the Act the dangerous drugs (Special preventive measures) (Amendment) Order 1988 [Act A707] for the validity of the detention order, detention and indemnity.
Note — see section 5 of the Act the dangerous drugs (Special preventive measures) (Amendment) order 1990 [Act A766] for the validity of the detention order, detention and indemnity.
JW515493 Act 316 tiny 29 4/13/10 11:20:49 AM 30 laws of Malaysia Act 316 laws of Malaysia Act 316 Act dangerous drugs (Special preventive measures) 1985 list of Section amended Section power amend with effect from 2 Act a629 18-12-1985 3 Act a629 18-12-1985 4 Act a629 18-12-1985 6 Act a629 18-12-1985 Act a766 03-04-1990 6a a707 Act 15-07-1988 Act a766 15-07-1988; 03-04-1990 7 Act a629 18-12-1985 8 Act a629 18-12-1985 11 Act a629 18-12-1985 11a a629 Act 18-12-1985 11b a629 Act 18-12-1985 Act a707 15-07-1988; 18-12-1985 Act a766 03-04-1990 11c a738 Act 24-08-1989 11 d a738 Act 24-08-1989

11e a738 Act 24-08-1989 15 Act a629 18-12-1985 16 Act a629 18-12-1985 JW515493 Act 316 tiny 30 4/13/10 11:20:50 AM dangerous drugs (Special preventive measures) power to amend Section 31 with effect from 18 Act a629 18-12-1985 22 Act a629 15-06-1985 23 of the a629 15-06-1985 24 Act a629 18-12-1985 25 Act a629 15-06-1985 PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA jw515493 08-04-2010 JW515493 Act 316 tiny 31 4/13/10 11:20:51 Am