LAWS OF MALAYSIA
REPRINT
Act 297
PREVENTION OF CRIME
ACT 1959
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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Laws of Malaysia
ACT 297
PREVENTION OF CRIME ACT 1959
First enacted
... ... ... ... ... ...
1959 (F.M. Ordinance
No. 13 of 1959)
Revised
... ... ... ... ... ... ... 1983 (Act 297 w.e.f.
19 January 1984)
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2001
Prevention of Crime
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LAWS OF MALAYSIA
Act 297
PREVENTION OF CRIME ACT 1959
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2.
Interpretation
PART I
POWERS OF ARREST AND REMAND
3.
Arrest and production before a Magistrate
4.
Procedure before Magistrate
5.
Duty to produce person in custody before a Magistrate
6.
Person in custody to be brought before Inquiry Officer
7.
Release of person remanded in custody
PART II
INQUIRIES
8.
Appointment of Inquiry Officers
9.
Duties and powers of Inquiry Officers
10.
Report of Inquiry Officer
11.
Review by the Minister of decision of Inquiry Officer
PART III
REGISTRATION
12.
Registration of persons believed to be members of any of the registrable
categories
13.
Person to be registered to attend before a police officer
14.
Removal of name from the Register
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PART IV
CONSEQUENCES OF REGISTRATION
Section
15.
Police supervision
16.
Registered person not to consort with other registered persons
17.
Double penalties for crimes of violence
18.
Loitering by a registered person in a public place, etc.
19.
Harbouring
PART V
GENERAL
20.
Powers of police to investigate
20A. Arrest
21.
Taking and destruction of photographs and finger impressions
22.
Power to vary Schedules
23.
Regulations
FIRST SCHEDULE
SECOND SCHEDULE
Prevention of Crime
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LAWS OF MALAYSIA
Act 297
PREVENTION OF CRIME ACT 1959
An Act to provide for the more effectual prevention of crime in
Peninsular Malaysia and for the control of criminals, members of
secret societies and other undesirable persons, and for matters
incidental thereto.
[1 April 1959, L.N. 85/1959]
Short title
1. (1) This Act may be cited as the Prevention of Crime Act 1959.
(2) This Act shall apply to Peninsular Malaysia only.
Interpretation
2. (1) In this Act, unless the context otherwise requires--
"district, mukim, town or village" means the land included in
any district, mukim, town or village under the provisions of any
law for the time being in force relating to land;
"Inquiry Officer" means an officer appointed by the Minister
under section 8;
*"Peninsular Malaysia" has the meaning assigned thereto in
section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and
includes the Federal Territory.
"Register" means the register kept by the Registrar under
section 12;
"registered person" means a person whose name is entered on
the Register;
*NOTE--All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"­
see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).
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"registrable categories" means any of the categories prescribed
in the First Schedule;
"Registrar" means the Registrar of Criminals appointed under
section 3 of the Registration of Criminals and Undesirable Persons
Act 1969 [Act 7];
(2) References to the supervision of the police shall be construed
as references to the obligations imposed upon persons subject to
police supervision under section 296 of the Criminal Procedure
Code [Act 593].
PART I
POWERS OF ARREST AND REMAND
Arrest and production before a Magistrate
3. (1) A police officer may without a warrant arrest any person
if he has reason to believe that grounds exist which would justify
the holding of an inquiry into the case of that person under this
Act.
(2) Any person arrested under subsection (1) shall, unless sooner
released, be taken without unreasonable delay, and in any case
within twenty-four hours (excluding the time of any necessary
journey) before a Magistrate.
Procedure before Magistrate
4. (1) Whenever any person is taken before a Magistrate under
subsection 3(2) the Magistrate shall--
(a) on production of a statement in writing signed by a police
officer not below the rank of Assistant Superintendent
stating that there are grounds for believing that the name
of that person should be entered on the Register, remand
the person in police custody for a period of fourteen
days; or
(b) if no such statement is produced, and there are no other
grounds on which the person is lawfully detained, direct
his release.
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(2) Any person remanded under paragraph (1)(a) shall, unless
sooner released, on or before the expiry of the period for which
he is remanded be taken before a Magistrate, who shall--
(a) on production of:
(i) a statement in writing signed by the Public Prosecutor
or a Deputy Public Prosecutor stating that in his
opinion sufficient evidence exists to justify the
holding of an inquiry under section 9; and
(ii) a statement in writing signed by a police officer not
below the rank of Assistant Superintendent stating
that it is intended to hold an inquiry into the case
of that person under section 9,
order the person to be remanded in custody for a period
of twenty-eight days; or
(b) if no such statements are produced, and there are no other
grounds on which the person is lawfully detained, direct
his release.
Duty to produce person in custody before a Magistrate
5. (1) Upon the expiry of the period of twenty-eight days from
the date of any order made under paragraph 4(2)(a) the person
remanded in custody thereunder shall, if not sooner released, be
taken before a Magistrate, who shall--
(a) if satisfied that there has been unreasonable delay in
completing proceedings under this Act, and there are no
other grounds on which the person is lawfully detained,
direct his release;
(b) in any other case order the person to be remanded in
custody or direct that he be subject to the supervision of
the police, for such further period, not exceeding twenty
eight days, as he may think necessary for the purpose of
completing proceedings under this Act.
(2) Upon the expiry of the period of any order made under
paragraph (1)(b) any person remanded in custody thereunder shall,
unless sooner released (and whether or not proceedings under this
Act have been completed) be taken before a Magistrate, who shall,
if there are no other grounds on which the person is lawfully
detained, thereupon direct his release.
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Person in custody to be brought before Inquiry Officer
6.  Every person remanded in custody under section 4 or 5 shall,
if not sooner released, as soon as possible be brought before an
Inquiry Officer.
Release of person remanded in custody
7.  Any person remanded in custody under section 4 or 5 may at
any time be taken before a Magistrate who, if there are no other
grounds on which the person is lawfully detained--
(a) shall direct his release if there is produced to him a
statement in writing signed by a police officer not below
the rank of Assistant Superintendent stating that it is not
intended to continue with an inquiry into the case of that
person under section 9; or
(b) in any other case, on the application of a police officer
may direct his release subject to--
(i) the execution by the person of a bond, with or
without sureties, for his due appearance at such
place or places and at such time or times and within
such period not exceeding forty-two days, as the
Magistrate may direct; or
(ii) the supervision of the police for such period not
exceeding forty-two days as the Magistrate may
direct.
PART II
INQUIRIES
Appointment of Inquiry Officers
8.  The Minister may by writing under his hand appoint any
person by name or office, and either generally or for any particular
case, to be an Inquiry Officer for the purposes of this Act: provided
that no police officer shall be appointed to be an Inquiry Officer.
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Duties and powers of Inquiry Officers
9. (1) When any person is brought before an Inquiry Officer under
section 6 the Inquiry Officer shall inquire and report in writing to
the Minister whether there are reasonable grounds for believing
that the person is a member of any of the registrable categories.
(2) An inquiry held under subsection (1) shall be held in such
manner and in accordance with such procedure as the Minister
may direct.
(3) An Inquiry Officer may, for the purpose of any inquiry
under this Act--
(a) procure and receive all such evidence, whether oral or in
writing and whether the same be admissible or not under
any written law for the time being in force relating to
evidence or criminal procedure, which he may think
necessary or desirable;
(b) summon and examine witnesses on oath or affirmation,
and may for those purposes administer any oath or
affirmation;
(c) require the production of any document or other thing in
his opinion relevant to the inquiry;
(d) if he considers it necessary in the public interest, receive
evidence in the absence of the person who is the subject
of the inquiry:
Provided that where any such evidence is received the
Inquiry Officer shall communicate to the person the
substance of the evidence, so far as he may consider it
compatible with the public interest so to do, and shall in
every such case include in any report made under subsection
10(2) a statement of the circumstances in which the evidence
was received.
(4) Any person summoned as a witness under subsection (3)
who without reasonable excuse fails to attend at the time and place
mentioned in the summons or who, having attended, refuses to
answer any question that may lawfully be put to him or to produce
any document or thing which it is in his power to produce, shall
be guilty of an offence and liable to imprisonment for a term not
exceeding six months or to a fine not exceeding one thousand
ringgit or to both.
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Report of Inquiry Officer
10. (1) If the Inquiry Officer is satisfied that there are no sufficient
grounds for believing that the person who was the subject of the
inquiry is a member of any of the registrable categories, he shall
forthwith direct any person having the custody of that person,
within twenty-four hours of the receipt of the direction, to produce
the person before a Magistrate, who shall thereupon discharge the
order of remand made under section 4 or 5 and, if there are no
other grounds on which the person is lawfully detained, shall order
his immediate release.
(2) If the Inquiry Officer is satisfied that there are reasonable
grounds for believing that the person who was the subject of the
inquiry is a member of any of the registrable categories, he shall
report the grounds, together with his finding, to the Minister, and
shall forward a copy of his finding to the officer having custody
of the person, who shall forthwith serve a copy of the finding of
the Inquiry Officer on that person.
Review by the Minister of decision of Inquiry Officer
11. (1) Any person who was the subject of an inquiry who is
dissatisfied with any finding made under subsection 10(2) may
within fourteen days of the service thereunder of the copy of the
finding on him by notice in writing request the Minister to review
the finding.
(2) The Minister shall, upon making any review under subsection
(1), and after considering the advice of a law officer thereon--
(a) confirm the finding made under subsection 10(2); or
(b) reverse the finding:
Provided that if the Minister reverses any such finding,
and the person who made the request is still in custody,
the Minister shall within twenty-four hours of his decision
direct the person to be taken before a Magistrate, who
shall thereupon discharge his order of remand and, if
there are no other grounds on which the person is lawfully
detained, shall order his immediate release.
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PART III
REGISTRATION
Registration of persons believed to be members of any of the
registrable categories
12. (1) The Registrar shall keep a Register for the purposes of
this Act, in which shall be entered the name of every person--
(a) who is reported by an Inquiry Officer to be a person in
respect of whom there are reasonable grounds for believing
that he is a member of any of the registrable categories;
and
(b) who has not requested any review under section 11, or
in respect of whom the Minister has confirmed the finding
made under subsection 10(2),
together with such other particulars as may be prescribed.
(2) The Minister may, if he shall consider it in the interest of
public order or security to do so, with or without inquiry under
this Act direct the Registrar to enter in the Register the name, and
such other particulars as may be prescribed, of any person who is
a member of any of the registrable categories prescribed in Part
II of the First Schedule.
Person to be registered to attend before a police officer
13. (1) Any police officer of or above the rank of Inspector may
by order in writing direct the attendance before him at such time
and place as may be specified in the order of any person whose
name is required to be entered in the Register, for the purpose of--
(a) taking the finger impressions and photograph of the person;
(b) obtaining any other particulars relating to the person as
may be prescribed or as may be necessary for effecting
any such registration.
(2) If any person fails to attend as so directed a police officer
may report the failure to a Magistrate who shall thereupon issue
a warrant to secure the attendance of that person as required.
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Removal of name from the Register
14.  The Minister may at any time in his discretion direct the
Registrar to remove the name of any person from the Register, and
thereupon the person shall cease to be a registered person, unless
and until his name is subsequently re-entered in the Register in
accordance with section 12.
PART IV
CONSEQUENCES OF REGISTRATION
Police supervision
15. (1) The Minister may by order direct that any registered person
named in the order shall be subject to the supervision of the police
for any period not exceeding five years, and may renew any such
order for a further period not exceeding five years at a time; and
the registered person shall be conveyed under police escort to the
State, district, mukim, town or village in which he is required to
reside under subsection (2) (if any).
(2) Any person placed under the supervision of the police by
order made under this section shall also be subject to all or any
of the following restrictions, as the Minister may by order direct:
(a) he shall be required to reside within the limits of any
State, district, mukim, town or village specified in the
order;
(b) he shall not be permitted to transfer his residence to any
other State, district, mukim, town or village, as the case
may be, without the written authority of the Chief Police
Officer of any State concerned;
(c) except so far as may be otherwise provided by the order,
he shall not leave the State, district, mukim, town or
village within which he resides without the written authority
of the Chief Police Officer of the State concerned;
(d) he shall at all times keep the Officer in Charge of the
Police District in which he resides notified of the house
or place in which he resides;
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(e) he shall be liable, at such time or times as may be specified
in the order, to present himself at the nearest police
station;
(f) he shall remain within doors, or within such area as may
be defined in the order, between such hours as may be
specified in the order, unless he obtains special permission
to the contrary from the Officer in Charge of the Police
District;
(g) except so far as may be otherwise provided by the order,
he shall not be permitted to enter any State, district,
mukim, town or village specified in the order.
(3) The Minister may from time to time, by order in writing
served on the registered person, vary, cancel or add to any restrictions
imposed under this section.
(4) A registered person who contravenes or fails to comply with
any order or restriction imposed on him under this section shall
be guilty of an offence and shall be liable to imprisonment for a
term not exceeding five years and not less than two years.
Registered person not to consort with other registered persons
16. (1) No registered person shall consort or habitually associate
with any other registered person without the permission of the
Officer in Charge of the Police District in which he resides, unless
he shall prove that he did not know and had no reason to suspect
that such other person was a registered person.
(2) Any person who contravenes the provisions of this section
shall be guilty of an offence and liable to imprisonment for a term
not exceeding one year or to a fine not exceeding one thousand
ringgit or to both.
Double penalties for crimes of violence
17.  Any registered person who is convicted of any offence
committed after the date of the entry of his name on the Register
under the provisions of any law specified in the Second Schedule
shall be liable to imprisonment for a term of twice as long as the
maximum term for which he would have been liable on conviction
for that offence, and also to whipping.
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Loitering by a registered person in a public place, etc.
18.
Any registered person who--
(a) is found between the hours of sunset and sunrise frequenting
or loitering in or about any public place or in or in the
neighbourhood of any place of public entertainment; or
(b) at any time is found in the company of two or more
registered persons; or
(c) at any time is found in or near any place in which any
act of violence or breach of the peace is being or has just
been committed,
and who is unable satisfactorily to account for his presence at such
place or time or in such company shall be guilty of an offence and
liable to imprisonment for a term of one year or to a fine of one
thousand ringgit or to both.
Harbouring
19. (1) Any person who knowingly conceals or harbours any person
who enters any State, district, mukim, town or village in contravention
of any order under section 15 shall be guilty of an offence and
liable to imprisonment for a term not exceeding six months or to
a fine not exceeding five hundred ringgit or to both: provided that
this subsection shall not apply to the case of a wife harbouring or
concealing her husband or a husband harbouring or concealing his
wife.
(2) Any person aware of the presence in any State, district,
mukim, town or village of any person, not being the husband or
wife of the first-mentioned person, who has been ordered not to
enter the State, district, mukim, town or village or has been ordered
to reside in any other State, district, mukim, town or village, and
b e i n g aware also of the making of the order, shall in the
absence of reasonable excuse, proof whereof shall lie on him,
forthwith give information thereof to the nearest police officer or
Magistrate, and in default of his so doing shall be guilty of an
offence and liable to imprisonment for a term not exceeding
three months or to a fine not exceeding two hundred and fifty
ringgit or to both.
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PART V
GENERAL
Powers of police to investigate
20. (1) When a police officer not below the rank of Sergeant has
reason to believe that grounds exist which would justify the holding
of an inquiry into the case of any person under this Act he or any
police officer subordinate to him and acting under his orders may
investigate the facts and circumstances of the case so far as they
may be relevant to any proceedings in respect of that person under
this Act.
(2) In making any investigation under subsection (1) a police
officer may exercise all or any of the powers in relation to police
investigations in any seizable case which are given him by the law
for the time being in force relating to criminal procedure.
Arrest
20A.  A police officer may without a warrant arrest any person
if he has reason to believe that the person has committed an
offence against section 16, 18 or 19 and every such offence shall
be seizable and non-bailable for the purposes of the Criminal
Procedure Code.
Taking and destruction of photographs and finger impressions
21. (1) A police officer may take or cause to be taken the photograph
and finger impressions of any person arrested under subsection
3(1), or whose name is required to be entered on the Register
under subsection 12(2), and shall send the photograph and impressions
to the Registrar for identification and report; and every such person
shall be legally bound to submit to the taking of his photographs
and finger impressions, and may be compelled thereto by the use
of force if necessary.
(2) Any person who, being legally bound under subsection (1)
to submit to the taking of his photographs or finger impressions
refuses or fails to submit thereto on demand shall be guilty of an
offence and liable to imprisonment for a term not exceeding one
month or to a fine not exceeding two hundred and fifty ringgit or
to both.
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(3) Whenever--
(a) any person whose photograph and finger impressions
have been taken under this section is released under section
4, 5, 7, 10 or 11; or
(b) the name of any person is removed from the Register
under section 14,
the officer in charge of the case shall forthwith notify the Registrar
thereof, and the Registrar shall, upon the application of the person,
deliver to that person the sheet upon which his finger impressions
have been made, together with the negative and all copies of any
photograph taken of him and forwarded to the Registrar under this
section; and if no such application is received within three months
from the date of the release or removal the Registrar shall destroy
the sheet and every such negative and photograph.
Power to vary Schedules
22.  The Dewan Rakyat may by resolution delete any provision
from or add to or vary the provisions of the Schedules.
Regulations
23. (1) The Minister may make regulations for carrying out the
purposes of this Act.
(2) Without prejudice to the generality of the powers conferred
by subsection (1) the regulations may--
(a) prescribe the form of the Register, and such other forms
as may be necessary or desirable to be used in connection
with the matters dealt with in this Act or in any regulations
made thereunder;
(b) require all or any class of registered persons to carry
identity cards, provide for the form, issue, production,
inspection, cancellation, alteration, endorsement on and
replacement of those cards, and the substitution thereof
for identity cards issued to those persons under any other
written law, and for all other matters necessary or desirable
in connection with the cards or the carrying thereof or
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17
t h e enforcement of the regulations, including the
prescription of penalties not exceeding in respect of any
offence a fine of five thousand ringgit or imprisonment
for a term of three years or both;
(c) provide for any other matter which under this Act is
required or permitted to be prescribed.
(3) All regulations made under this section shall be laid as soon
as conveniently may be before the Dewan Rakyat, and if a resolution
of the Dewan Rakyat is passed within the next subsequent three
months after any such orders or regulations, as the case may be,
are laid before it that the orders or regulations shall be annulled,
the orders or regulations shall thenceforth be void, but without
prejudice to the validity of anything previously done thereunder,
or to the making of any new orders or regulations.
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FIRST SCHEDULE
[Sections 2 and 22]
REGISTRABLE CATEGORIES
PART I
1.
All members of unlawful societies which--
(i) use Triad ritual; or
(ii) are constituted or used for purposes involving the commission of
offences that are seizable under the law for the time being in force
relating to criminal procedure; or
(iii) maintain secrecy as to their objects.
2.  Persons who belong to any group, body, gang or association of five or more
persons who associate for purposes which include the commission of offences
involving violence or extortion.
3.  All traffickers in opium, candu, bhang or other deleterious drugs, whether
of the same kind as opium, candu and bhang or not.
4.  All traffickers in women and girls, including persons who live wholly or
in part on the proceeds of prostitution.
5.  All persons habitually concerned in the organization and promotion of
unlawful gaming.
PART II
[Subsection 12(2)]
1.  All persons who, being not less than twenty-one years of age, have since
attaining the age of seventeen been convicted on at least three occasions of
offences involving dishonesty or violence.
2.  All persons, who have been convicted of offences against subsection 52(3)
of the Societies Act 1966 [Act 335].
3.  All persons who have at any time been the subject of banishment orders
under any law for the time being in force relating to banishment, whether or
not such orders have been revoked or cancelled or are spent.
4.  All persons who are subject to orders under the Restricted Residence Act
1933 [Act 377].
Prevention of Crime
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SECOND SCHEDULE
[Sections 17 and 22]
1.
Offences under sections 42, 43, 44 and 52 of the Societies Act 1966.
2.
Offences under the Penal Code [Act 574], as follows:
Sections 323, 324, 325, 327, 332, 333, 346, 347, 352, 353, 356, 357, 365,
384 to 387, 392, 393, 399, 401, 402, 447, 448, 450 to 458 and Chapter V
and section 511.
3.  Offences under the Corrosive and Explosive Substances and Offensive
Weapons Act 1958 [Act 357].
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LAWS OF MALAYSIA
Act 297
PREVENTION OF CRIME ACT 1959
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act 26/1960
Prevention of Crime (Amendment)
30-07-1960
Act 1960
Act 6/1966
Prevention of Crime (Amendment)
27-01-1966
Act 1966
Act 13/1966
Societies Act 1966
01-02-1966
Act 23/1967
Interpretation Act 1967
18-05-1967
Act 7
Registration of Criminals and
02-05-1969
Undesirable Persons Act 1969
Act 160
Malaysian Currency (Ringgit)
29-08-1975
Act 1975
Act A324
Criminal Procedure Code
10-01-1976
(Amendment and Extension)
Act 1976
Prevention of Crime
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LAWS OF MALAYSIA
Act 297
PREVENTION OF CRIME ACT 1959
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
­NIL­
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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