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← Banishment Act

Banishment Act s 3

Banishment Act s 3

This legislation has been repealed. Do not cite it as law in force.

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 3

(1) Where it appears to the Minister, on receiving written Warrant of information submitted to him by the Inspector-General of atentand Police or a Chief Police Officer, that there are reasonable grounds for believing that the banishment of any person [S. 3-5] (2) The Minister may by notification in the Gazette, and subject to such conditions and instructions as may be prescribed in the notification, delegate the exercise of the powers conferred by subsection (1)— (a) in the case of Sabah and Sarawak, to the local ederal authority or to any other person in the Stat is the Minister may deem expedient; an (b) in the case of any other State, to the State Secretary of the State. (3) A warrant of arrest and detention shall be in Form A of the Schedule. Execution of 4. (1) The police or prison officer executing a warrant of warrant of arrest and . arrest and detention shall notify the substance thereof to detention. the person arrested or detained and, if so required, shall show him the warrant or a copy thereof under the hand of the authority by whom it was issued. (2) Where in execution of a warrant of arrest and detention any person is arrested or is required to be further detained in prison after the expiration of any sentence of imprisonment passed upon him the officer executing the warrant shall without unnecessary delay, and in any case within twenty-four hours (excluding the time of any necessary journey) from the arrest or from the expiration of the sentence produce the person arrested, or so detained before a Magistrate who shall, upon production of the warrant duly signed and upon proof of the identity of the person arrested or detained with the person named in the warrant, by order endorsed on the warrant, commit the person to prison, there to be detained in accordance with the tenor of that warrant: Provided that if the person proves that he is a citizen or an exempted person the Magistrate shall order the person to be released forthwith. Banishment order.

Read this section in the full act →

Find Act 79 on lom.agc.gov.my ↗

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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