Essential (Internal Security and Detention Orders) Regulations

Emergency (Essential Powers) Act

(CHAPTER 90, Section 2)

Rg 1

REVISED EDITION 1990

(25th March 1992)

[20th October 1964]

Citation

1.—(1) These Regulations may be cited as the Essential (Internal Security and Detention Orders) Regulations.

(2) Regulation 4 shall be deemed to have come into force on 30th September 1964.

(3) Subject to paragraph (2) these Regulations shall come into force on 20th October 1964 and shall remain in force during the continuance of the Proclamation of Emergency issued by the Yang di-Pertuan Agong under Article 150 of the Constitution on 3rd September 1964.

[L.N. 271/64]

Amendment of section 8 of M. Act 18 of 1960

2. Section 8 of the Internal Security Act 1960 (referred to in these Regulations as the Act) is amended —

(a)

by substituting for the first 5 lines of subsection (1) thereof the following:

“If the Yang di-Pertuan Agong is satisfied with respect to any person that, with a view to preventing that person from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the Minister shall make an order —”;

(b)

by inserting after subsection (1) thereof the following new subsections:

“(1A) The Yang di-Pertuan Agong may direct that the period of any order made under sub-section (1) be extended for a further period or periods not exceeding two years at a time.

(1B) For the purposes of subsection (1) ‘essential services’ means any service, business, trade, undertaking, manufacture or calling included in the Third Schedule to this Act.”;

(c)

by inserting in subsection (2) thereof after the expression “subsection (1)” the expression “or of a direction given under subsection (1A)” and after the word “direct” the words “(hereinafter called ‘a place of detention’)”;

(d)

by substituting in subsection (3) thereof for the words “referred to in subsection (2)” the words “of detention”.

Non-application of sections 11 and 12 of M. Act 18 of 1960

3. Sections 9(c), 11 and 12 of the Act shall not apply in the case of any person in respect of whom a direction has been given under section 8(1A) of the Act extending the period of an order made under section 8(1) of the Act in respect of that person.

Amendment of section 13 of Act

4.—(1) Section 13 of the Act is amended by substituting for subsection (1) thereof the following:

“(1) Every order or direction made or given by the Minister under section 8 or 10 (including any order extended by direction of the Yang di-Pertuan Agong under section 8(1A)) shall, so long as it remains in force, be reviewed by an advisory board at intervals of not more than 12 months, and the first of such reviews shall take place —

(a)	in the case of a person who is detained in a place of detention, not more than 12 months from the date on which his representations against the order were considered by an advisory board under section 12(1) or, where no such representations have been made, not more than 15 months from the date on which that person was detained in pursuance of the order;
(b)	in the case of a person who is not detained in a place of detention, where the order has been made under section 8(1), not more than 12 months from the date on which the order was served upon that person;
(c)	in the case of a person who has been released from a place of detention in pursuance of a direction under section 10, not more than 12 months from the date of his release.”.

(2) From 30th September 1964 to 19th October 1964 (inclusive of both days) the reference in section 13 of the Act, as amended by paragraph (1), to every order or direction made or given by the Minister under section 8 or 10 shall include a reference to every order or direction made or given under section 3 (1) or under section 4 of the^*Preservation of Public Security Ordinance 1955 of Singapore [Singapore Ord. 25 of 1955].

^*Expired on 20th October 1964.

Application of section 8 of Act to Singapore

5. Notwithstanding anything contained in the Modification of Laws (Internal Security and Public Order) (Singapore) Order 1963 [L.N. 231 of 1963], section 8 of the Act shall apply to Singapore.

Saving

6. Any order made under section 3(1) of the Preservation of Public Security Ordinance 1955 [Singapore Ord. 25 of 1955] shall, for the purposes of the Act and any subsidiary legislation made thereunder, be deemed to have been made under section 8(1) of the Act.

Order made under section 8(1)(a) to be treated as direction under section 8 (1A)

7. Any order made under section 8(1)(a) of the Act in respect of a person who, immediately before the date on which that order takes effect, is detained under a previous order made under section 3(1)(a) of the Preservation of Public Security Ordinance 1955 shall for the purposes of regulation 3 be treated as a direction under section 8(1A) of the Act.

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