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← Banishment Act

Banishment Act s 8

Banishment Act s 8

This legislation has been repealed. Do not cite it as law in force.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 8

(1) The Minister may, it he thinks fit, in place of issuing a warrant of arrest and detention or in place of making a banishment order make an order requiring any persor who he is satisfied is not a citizen or an exempted persor to leave Malaysia before the expiration of a period of fourteen days from the date of service under subsection (4) of a copy of the order. (2) An expulsion order shall be in Form D of the Schedule. (3). The Minister may by an expulsion order impose such conditions as he may think fit as to the residence, occupatioi or conduct or police supervision or otherwise of the persoi against whom the order is made which shall be observed by that person so long as he remains in Malaysia. IS. 8] (4) A copy of the expulsion order shall be served on the person against whom it is made by a senior police officer, or by any other person authorized by the Minister to serve the order and shall be served personally on that person in the same manner as a summons is required to be served under the Criminal Procedure Code; and the officer or F.M.S person serving the copy shall notify the person against Sa.Cup.2t, whom it is made that he may at any time within fourteen *1- days of the service apply to the High Court for an order Sabat402 that the expulsion order be set aside on the ground that swk-Eap-58: he is a citizen or an exempted person. ActA324 (5) A person against whom an expulsion order has been made shall on or before a date specified by the Minister in the order execute a bond with sureties to the satisfaction of the Minister for due compliance with the terms of the expulsion order and for such amount and subject to such conditions as the Minister may think fit to specify. (6) If a person against whom an expulsion order has been made absconds or conceals himself so that the order cannot be served or if he fails before the specified date to execute the bond required under subsection (5) to the satisfaction of the Minister or if the person fails to observe any condition of the bond or fails to leave the country in accordance with the order the person may be arrested without a warrant by any police officer and shall without unnecessary delay and in any case within twenty-four hours (excluding the time of any necessary journey) trom the arrest be brought before a Magistrate who upon production before him of the expulsion order and upon proof of the identity of the person arrested with the person named in the order shall commit the person to prison there to be detained pending a decision as to whether a banishment order should be made against that person: 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. (7) Where any person has been arrested and detained under subsection (6) the Minister may thereupon cancel the expulsion order and make a banishment order against the person in accordance with section 5. (8) Nothing in this section shall prevent the Minister at any time from cancelling any expulsion order made by him against any person and taking action against the person in accordance with section 3, 4 or 5. [S. 8-11] 9) Where an expulsion order has been made against any erson detained in 'accordance with a warrant of arrest an detention the person shall upon his executing the bond required under subsection (5) be released from detention under the said warrant. (10) Where a person against whom an expulsion order the refusal of that application. Removal of 9. (1) Whenever a person detained under this Act appears to the Minister, on the certificate of a registered medical practitioner, to be of unsound mind, the Minister may, by örder in writing setting forth the grounds of belief that the person is of unsound mind, direct his removal to any mental hospital or other fit place of safe custody within Malaysia, there to be kept and treated as the Minister directs until it appears to the Minister, on the certificate of a registered medical practitioner, that the person has again become of sound mind; and an order made under this subsection shall, notwithstanding any written law to the contrary, be sufficient authority for the reception of that person into the mental hospital or other place mentioned in the order. (2) In this section "registered m(]) s a medical prac 'oneistereo i megistered anier ar" law for the time being in force relating to the registration of medical practitioners. Special provision relating to claim to citizenship.

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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