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Criminal Law (Temporary Provisions) Act

(Chapter 67, Section 48)

Criminal Law (Identity Cards) Rules

R 2

REVISED EDITION 1990

(25th March 1992)

[15th September 1975]

Citation

1. These Rules may be cited as the Criminal Law (Identity Cards) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“Commissioner” means the Commissioner of National Registration appointed under section 3 of the National Registration Act (Cap. 201);

“original identity card” means an identity card issued under the provisions of the National Registration Act or any regulations made thereunder to a person directed to be subject to the supervision of the police under the provisions of the Act, and includes any identity card issued under any written law in force in Malaysia but does not include a special identity card;

“special identity card” means an identity card issued under rule 3 to replace an original identity card.

3. When a person is directed to be subject to the supervision of the police under section 30(1)(b) or 32(1) of the Act, the Commissioner of Police or any police officer duly authorised by him may —

(a)

enter the name of that person in a register maintained for the purpose by the police; and

(b)

take possession of the original identity card of that person and shall send that original identity card together with a request to the Commissioner to issue a special identity card to replace the original identity card. Such special identity card shall be issued in accordance with the provisions of the National Registration Regulations (Cap. 201, Rg 2), and subject to such other directions as the Minister may from time to time issue.

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Commissioner to retain all original identity cards

4. The Commissioner shall retain all original identity cards which have been replaced by special identity cards.

Removal of name from register and return of original identity card

5. When an order directing a person to be subject to the supervision of the police under section 30(1)(b) or 32(1) of the Act has expired or is cancelled, that person may make application personally or in writing to the Commissioner of Police for the removal of his name from the register and for the return of his original identity card. On receipt of such application, the Commissioner of Police or any police officer duly authorised by him shall —

(a)	remove his name from the register; and
(b)	request the Commissioner to return to that person his original identity card and to destroy the special identity card which was issued to replace the original identity card.

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Offences

6. Any person directed to be subject to the supervision of the police under section 30(1)(b) or 32(1) of the Act who —

(a)	when required to do so, fails to surrender his original identity card to the Commissioner of Police or to any authorised police officer;
(b)	in giving the particulars required for the preparation of a special identity card, makes any statement or gives any information which is false or incorrect in any material particular;
(c)	obtains or has in his possession more than one identity card, unless he can show that he obtained or had in his possession the identity cards innocently;
(d)	makes any alteration in any writing, printing or photograph in any original or special identity card; or
(e)	aids or abets the commission of any offence against the provisions of these Rules,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

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