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← Emergency (Essential Powers) Act 1964

Emergency (Essential Powers) Act 1964 s 2

Emergency (Essential Powers) Act 1964 s 2

This legislation has been repealed. Do not cite it as law in force.

s 2 Essential Regulations

(1) Subject to this section, the Yang di-Pertuan Agong may make any regulations (in this Act referred to as “Essential Regulations”) which he considers desirable or expedient for securing the public safety, the defence of Malaysia, the maintenance of public order and of supplies and services essential to the life of the community. (2) Without prejudice to the generality of the powers conferred by subsection (1), Essential Regulations may, so far as appear to the Yang di-Pertuan Agong to be necessary or expedient for any of the purposes mentioned in that subsection— (a) make provision for the apprehension, trial and punishment of persons offending against the regulations, and for detention of persons whose detention appears to the Minister charged with the responsibility for internal security to be expedient in the interests of the public safety or the defence of Malaysia; (b) create offences and prescribe penalties, including the death penalty, which may be imposed for any offence against any written law, including regulations made under this Act; (c) provide for the trial by such courts as may be specified in such regulations, of persons guilty of any offence against the regulations; (d) make special provisions in respect of procedure, including the hearing of proceedings in camera, in civil or criminal cases and of the law regulating evidence, proof and civil and criminal liability; (e) make provision for directing and regulating the performance of services by any persons; (f) authorize— Emergency (Essential Powers) (i) the taking of possession or control, on behalf of the Federal Government, of any property or undertaking; (ii) the acquisition, on behalf of the Federal Government, of any property other than land; (g) authorize the entering and search of any premises; (h) prescribe fees or other payments; (i) provide for amending any written law, for suspending the operation of any written law and for applying any written law with or without modification; and (j) provide for any other matter in respect of which it is in the opinion of the Yang di-Pertuan Agong desirable in the public interest that regulations should be made. (3) Essential Regulations may provide for empowering such authorities, persons or classes of persons as may be specified in the regulations to make orders, rules and by-laws for any of the purposes for which such regulations are authorized by this Act to be made, and may contain such incidental and supplementary provisions as appear to the Yang di-Pertuan Agong to be necessary or expedient for the purposes of the regulations. (4) An Essential Regulation, and any order, rule, or by-law duly made in pursuance of such a regulation, shall have effect notwithstanding anything inconsistent therewith contained in any written law other than this Act or in any instrument having effect by virtue of any written law other than this Act.

Read this section in the full act →

Find Act 691 on lom.agc.gov.my ↗

Text as at 1 January 2015 (LOM reprint); amendments made after that date may not be incorporated.

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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