Arrest and production before Magistrate
(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
(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.
(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;
(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
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
(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).
(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
(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.
(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.
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).
