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Public Order (Preservation) Act 1958 Part III — Powers for maintenance of public order

s 4–s 6 · 3 sections

Closing of roads, etc.

s 4

In any proclaimed area- (a) the Chief Police Officer or the Officer in Charge of a Police District may by order or by giving directions or in any other manner he thinks fit regulate, restrict, control or prohibit the use of any road, street, path or waterway or any public place or close any road, street, path, waterway or public place to the public or any class of the public or to any vehicle or vessel or class of vehicle or vessel; (b) if it appears to the senior police officer present in any parlet anysuch are phaco, it den eo resare or mai., restrict, control or prohibit the use of any road, street, path or waterway or any public place in or giving access to the part or to close any such road, street, path, waterway or public place and that the situation is too urgent to communicate with an officer having authority under paragraph (a) the officer may exercise the powers conferred by that paragraph on the Chief Police Officer or the Provided that the powers conferred by paragraph (b) shall not be exercised by a police officer below the rank of Sergeant: And provided that no order under paragraph (b) shall be valid ıfter the expiration of a period of twenty-four hours from the tim vhen it was made unless made or confirmed by the Chief Polic Officer or the Officer in Charge of the Police District having authority under paragraph (a).

Prohibition and dispersal of assemblies

s 5

(1) In any proclaimed area- (a) the Officer in Charge of a Police District may by order prohibit absolutely or subject to such conditions as he that area; (b) any procession, meeting or assembly of five or more persons in any place whatsoever may, whether or not any order shall have been made prohibiting any such procession, meeting or assembly under paragraph (a), be ordered to disperse by any police officer of or above the rank of Sergeant and it shall thereupon be the duty of the members of the procession, meeting or assembly to disperse accordingly. (2) Any police officer may, if it is necessary for the public security, use such force as may be necessary to disperse any procession, meeting, assembly ordered to be dispersed or prohibited under the provisions of this section, which force may extend to the use of lethal weapons. Barriers

s 6

(1) A police officer may, for the purpose of giving effect to an order or direction made under section 4, or whenever he considers it necessary so to do for the preservation of law and order or for the prevention or detection of crime, erect or place barriers in or across any road, street, path, waterway, or public place in a proclaimed area in such manner as he may think fit. (2) A police officer may take all reasonable steps to prevent any person, whether on foot or in a vehicle or vessel, from passing any uch barrier and every person shall comply with any direction o ienal of any such officer requiring the person to stop at or befor reaching any such barrier. (3) A police officer may use such force as may be necessary to prevent any person from passing any such barrier, which force may extend to the use of lethal weapons. Curfew or the Officer in Charge of a Police District may by order require every person within the area or any part thereof to remain within in possession of a written permit in that behalf issued by the Minister or by a police officer of or above the rank of Sub- Police District to issue such permits. (2) No order under this section shall apply to- (a) Ne Yang di- Pertuan Agong, a Ruler or Yang di Petua (b) any police officer or any member of any naval, military or air forces established or serving in Malaysia when on duty; or (c) any person or class of persons exempted from the provisions of the order by the Chief Police Officer or the Officer in Charge of the Police District. (3) The powers conferred by subsection (1) may be exercised by any police officer not below the rank of Inspector authorized in writing in that behalf by a Chief Police Officer: Provided that no order made in pursuance of this subsection shall be valid after the expiration of a period of twenty-four hours from the time it was made unless confirmed by the Chief Police Officer. (4) The Minister may vary or cancel any order made in exercise of the powers conferred by subsection (1)) by a police officer. Exclusion of persons therein and may require any person who is in the area or place or building to comply with the directions for regulating his movement of a Police District may direct. (2) Any police officer may search any person entering, or seeking to enter, or being in, an area, place or building, in respect of which an order under subsection (i) is for the time being in force and may detain any such person for the purpose of searching him: Provided that no woman shall be searched under this subsection except by a woman. (3) If any person whilst in an area, place or building in respect of which an order under subsection (1) is for the time being in force fails to comply therewith or with any direction given thereunder hen, without prejudice to any proceedings which may be take gainst him, he may be removed from the area, place or buildin by a police officer. (4) The powers conferred by subsection (1) may be exercised by any police officer not below the rank of Inspector authorized in writing in that behalf by a Chief Police Officer or the Officer in Charge of a Police District. (5) The Minister may make an order and may vary or cancel any order made by a police officer in exercise of the powers conferred by subsection (1). Discontinuance of telephone services

Back to Public Order (Preservation) Act 1958 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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