1 PART I PRELIMINARY-1. Short Title and commencement.

(1) This Act may be cited as the Dangerous Drugs (Special Preventive Measures) Act 1985 .

(2) This Act shall come into force on such date as may be appointed by the Minister by notification in the Gazette .

(3) (Deleted by Act A1510:s.2)

(4) (Deleted by Act A1510:s.2)

(5) (Deleted by Act A1510:s.2)

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

  "Advisory Board"  means an Advisory Board constituted under Clause (2) of Article 151 of the Constitution for the purposes of that Article;

  "Chief Police Officer"  means any police officer vested by the Inspector General with control of the Royal Malaysia Police in respect of any area or State and any senior police officer for the time being lawfully authorized to exercise the powers and perform the duties conferred or imposed upon a Chief Police Officer by this Act and shall in the case of Sabah and Sarawak include a Commissioner of Police;

  "dangerous drug"  has the same meanings as is assigned to it under the Dangerous Drugs Act 1952 [Act 234] ;

  "Inspector General"  means the Inspector Genera

3 PART II POWERS OF PREVENTIVE DETENTION-3. Power to detain suspected persons.

(1) Any police officer may, without warrant, arrest and detain, for the purpose of investigation, any person in respect of whom he has reason to believe there are grounds which could justify his detention under subsection 6(1).

(2) Any person arrested and detained under this section may be detained in police custody for a period not exceeding sixty days without an order of detention having been made in respect of him under subsection 6(1):

Provided that-

(a) he shall not be detained for more than twenty four hours except with the authority of a police officer of or above the rank of Inspector;

(b) he shall not be detained for more than forty eight hours except with the authority of a police officer of or above the rank of Assistant Superintendent of Police;

(c) he shall not be detained for more than fourteen days unless a police officer of or above the rank of Deputy Superi

4 PART II POWERS OF PREVENTIVE DETENTION-4. Examination of persons acquainted with the facts and circumstances of case.

(1) For the purpose of satisfying the Minister that an order under subsection 6(1) should be made and for the purpose of enabling the Minister to furnish a statement under paragraph 9(2)(b), a police officer making an investigation under this Act may direct any police officer not below the rank of Sergeant to examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

[Am. Act A1510:s.3]

(2) Such person shall be bound to answer all questions relating to such case put to him by such officer.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) A police officer examining a person under subsection (1) shall first inform that person of subsections (2) and (3).

(

5 PART II POWERS OF PREVENTIVE DETENTION-5. Inquiry Officer.

(1) There shall be appointed by the Minister in writing such number of Inquiry Officers as may be necessary for the purposes of this Act:

Provided that no police officer nor any person who is not legally qualified shall be appointed to be an

(2) Upon receiving the report under subsection 3(3), the Inquiry Officer shall inquire whether there are reasonable grounds for believing that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs.

(3) An Inquiry Officer may, in his discretion, for the purpose of subsection (2)-

(a) require the attendance before him of a person detained under section 3;

(b) 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

5A PART II POWERS OF PREVENTIVE DETENTION-5A. Offence for failure to attend to give evidence, etc.

For the purpose of subsection 5(3), any person or witness summoned or required to attend 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 refuses to produce any document or thing which it is in his power to produce, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

[5A. Ins. Act A1510:s.5]

6 PART II POWERS OF PREVENTIVE DETENTION-6. Power to order detention and restriction of persons.

(1) Whenever the Minister, after considering-

(a) the complete report of investigation submitted under subsection 3(3); and

(b) the report of the Inquiry Officer submitted under subsection 5(4),

is satisfied with respect to any person that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs, the Minister may, if he is satisfied that it is necessary in the interest of public order that such person be detained, by order (hereinafter referred to as a "detention order") direct that such person be detained for a period not exceeding two years.

(2) Every person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to as a "place of detention") as the Minister may direct and in accordance with any instructions issued by the Minister and any regulations made under section 22.

6A PART II POWERS OF PREVENTIVE DETENTION-6A. Detention order not to be invalid or inoperative on certain grounds.

(1) No detention order shall be invalid or inoperative by reason-

(a) that the person to whom it relates-

(i) was immediately before the making of the detention order detained in any place other than a place of detention referred to in subsection 6(2);

(ii) continued to be detained immediately after the making of the detention order in the place in which he was detained under section 3 before his removal to a place of detention referred to in subsection 6(2), notwithstanding that the maximum period of such detention under subsection 3(2) had expired; or

(iii) was during the duration of the detention order on journey in police custody or any other custody to a place of detention referred to in subsection 6(2); or

(b) that the detention order was served on him at any place other than the place of detention referred to in subsection 6(2), or that there was an

7 PART II POWERS OF PREVENTIVE DETENTION-7. Suspension of detention orders.

(1) The Minister may, at any time, direct that the operation of any detention order be suspended subject to all or any of the restrictions and conditions which he is empowered by subsection 6(3) to impose by a restriction order, and subject, if the Minister so directs, to the requirement that the person against whom the detention order was made shall enter into a bond as provided in subsection 6(4).

(2) Where a detention order is suspended as aforesaid, subsection 6(6) shall have effect as if the restrictions and conditions on which the detention order is suspended were restrictions and conditions imposed by a restriction order.

(3) The Minister may revoke the suspension of any detention order if he is satisfied that the person against whom the detention order was made has failed to observe any restriction or condition imposed upon him or that it is necessary in the interest of public order that the suspension should be revoked, and in

8 PART II POWERS OF PREVENTIVE DETENTION-8. Detention or restriction deemed to be undergone during period of imprisonment.

Where a person-

(a) who is undergoing detention or restriction under section 6 or 7, is sentenced to any term of imprisonment under this Act or any other written law; or

(b) has his period of detention or restriction extended under subsection 11A(1) whilst he is serving any such term of imprisonment,

such detention or restriction or extended detention or restriction shall be deemed to be undergone concurrently with that term of imprisonment, and if upon completion of any such term of imprisonment, there still remains any unexpired portion of the detention or restriction period or of the extended detention or restriction period, he shall be required to be detained or restricted, as the case may be, for such unexpired portion thereof.

9 PART II POWERS OF PREVENTIVE DETENTION-9. Representations against detention order.

(1) A copy of every order made by the Minister under subsection 6(1) shall as soon as may be after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations to an Advisory Board.

(2) For the purpose of enabling a person to make representations under subsection (1) he shall, at the time of the service on him of the order-

(a) be informed of his right to make representations to an Advisory Board under subsection (1); and

(b) be furnished by the Minister with a statement in writing-

(i) of the grounds on which the order is made;

(ii) of the allegations of fact on which the order is based; and

(iii) of such other particulars, if any, he may in the opinion of the Minister reasonably require in order to make his representations against the order to the Advisory Board.

10 PART II POWERS OF PREVENTIVE DETENTION-10. Report of Advisory Board.

(1) Whenever any person has made representations under subsection 9(1) to an Advisory Board, the Advisory Board shall within three months from the date of receiving such representations, or within such longer period as the Yang di-Pertuan Agong may allow, consider the representations and make recommendations thereon to the Yang di-Pertuan Agong.

(2) Upon considering the recommendations of the Advisory Board under this section, the Yang di-Pertuan Agong may give the Minister such directions, if any, as he shall think fit regarding the order made by the Minister and every decision of the Yang di-Pertuan Agong shall, subject to section 11, be final and shall not be called into question in any court.

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11 PART II POWERS OF PREVENTIVE DETENTION-11. Review.

(1) Every order or direction made or given by the Minister under the subsection 6(1) or (3), or under section 7, or under subsection 11A(1), shall, so long as it remains in force and whether or not representations under section 9 have been made, be reviewed by an Advisory Board not earlier than twelve months from the date of such order or direction and in any case not later than three months before the expiration of the period mentioned in such order or direction:

Provided that the Minister may, at any time during the period of detention or restriction imposed by such order or direction, direct the Advisory Board to review the case.

(2) The Advisory Board shall, on completing every review under this section, submit to the Minister, before the expiration of the period of detention or restriction, a written report of every such review.

(3) Where the Advisory Board has reported that in its opinion the detention or restriction shoul

11A PART II POWERS OF PREVENTIVE DETENTION-11A. Minister's power to extend a detention order, a restriction order, or a suspended detention order.

(1) The Minister may at any time before the expiration of the duration of-

(a) a detention order made under subsection 6(1);

(b) a restriction order made under subsection 6(3); or

(c) a detention order suspended under subsection 7(1)

(hereinafter referred to as a "suspended detention order"), direct that the duration of the order be extended for such further period, not exceeding two years, as he may specify, commencing immediately upon the expiration of its then current duration, and where the Minister so directs he shall set out in the direction thegrounds for the extension and state whether such grounds are-

(aa) the same as the grounds on which the order was originally made;

(bb) different from the grounds on which the order was originally made; or

(cc) partly the same grounds and partly different gro

11B PART II POWERS OF PREVENTIVE DETENTION-11B. Minister's power to revoke a detention order, or a restriction order, or a suspended detention order, or a direction for the extension of any such order.

(1) Notwithstanding anything contained in this Act, the Minister may at any time revoke any detention order made under subsection 6(1), or any restriction order made under subsection 6(3), or any suspended detention order, or any direction under subsection 11A(1) for the extension of the duration of any such order, if he deems it just or fit to do so.

(2) Any revocation under subsection (1) shall be without prejudice to the validity of the order or direction before its revocation or to anything done thereunder, or to the power of the Minister to make a fresh detention order under subsection 6(1) or a fresh restriction order under subsection 6(3) or a fresh direction under subsection 11A(1) in respect of the person against whom the order or direction which is revoked was made or given.

11C PART II POWERS OF PREVENTIVE DETENTION-11C. Judicial review of act or decision of Yang di-Pertuan Agong and Minister.

(1) There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act, save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.

(2) The exception in regard to any question on compliance with any procedural requirement in subsection (1) shall not apply where the grounds are as described in section 6A.

11D PART II POWERS OF PREVENTIVE DETENTION-11D. Interpretation of "judicial review".

In this Act, "judicial review" includes proceedings instituted by way of-

(a) an application for any of the prerogative orders of mandamus , prohibition and certiorari ;

(b) an application for a declaration or an injunction;

(c) a writ of habeas corpus ; and

(d) any other suit, action or other legal proceedings relating to or arising out of any act done or decision made by the Yang di-Pertuan Agong or the Minister in accordance with this Act.

11E PART II POWERS OF PREVENTIVE DETENTION-11E. Commencement of sections 11C and 11D.

(1) Sections 11C and 11D shall apply to any proceedings instituted by way of judicial review of any act done or decision made by the Yang di-Pertuan Agong or the Minister under this Act, whether such proceedings were instituted before or after the coming into force of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act 1989 [Act A738] .

(2) A reference to proceedings in subsection (1) shall not include a reference to proceedings which had concluded and in respect of which final decision of the court had been given before the coming into force of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act 1989, or to any appeal or any application for appeal against such final decision.

12 PART II POWERS OF PREVENTIVE DETENTION-12. Power to summon witnesses.

Every Advisory Board shall, for the purposes of this Act, but subject to section 14, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.

13 PART II POWERS OF PREVENTIVE DETENTION-13. Member of Advisory Board deemed to be public servant.

Every member of an Advisory Board and every Inquiry Officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574] and shall have in the case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under this Part the like protection and privileges as are by law given to a Judge in the execution of his office.

14 PART II POWERS OF PREVENTIVE DETENTION-14. Disclosure of information.

Nothing in this Part or in any rules or regulations made thereunder shall require the Minister or any member of an Advisory Board or any Inquiry Officer or any public servant to disclose facts or to produce documents which he considers to be against the national interest to disclose or produce.

15 PART II POWERS OF PREVENTIVE DETENTION-15. Power to order removal.

(1) The Minister may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained under subsection 6(1), or under subsection 11A(1), to be there detained for the whole or any part of such period for which it has been ordered that such person shall be detained.

(2) Any person in the course of removal under subsection (1) shall be deemed to be in lawful custody.

16 PART II POWERS OF PREVENTIVE DETENTION-16. Power to order production of detained person.

(1) On proof to his satisfaction that the presence at any place of any person detained under subsection 6(1), or under subsection 11A(1), or lawfully in the custody of the police or confined in any prison whether under subsection 6(1), or under subsection 11A(1), or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody, or confined, the Minister may order that such person be taken to that place.

(2) Any person in the course of being taken to any place under subsection (1) and whilst at such place shall be kept in such custody as the Minister may direct and whilst in that custody shall be deemed to be in lawful custody.

17 PART II POWERS OF PREVENTIVE DETENTION-17. Registration.

(1) The Registrar of Criminals appointed under section 3 of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7] (hereinafter referred to as the "Registrar") shall keep a register for the purposes of this Act, in which shall be entered the name of every restricted person and of every person in respect of whom a detention order is in force (whether suspended under section 7 or not), together with such particulars concerning any such person as may be prescribed; and upon the name and particulars of any such person being entered in the register he shall be (and is hereinafter referred to as) a "registered person" for the purposes of this Act.

(2) Any police officer not below the rank of Inspector may-

(a) visit any place referred to in subsection 6(2) for the purpose of taking finger impressions and photographs of any person detained therein and of obtaining such other particulars concerning

18 PART II POWERS OF PREVENTIVE DETENTION-18. Removal of name from register.

(1) Whenever an order under subsection 6(1) or (3), or a direction under subsection 11A(1), expires or is revoked or cancelled so that the person in respect of whom the order was made ceases to be subject to any restrictions or conditions whatsoever, the Registrar shall forthwith remove his name and all entries concerning him from the register.

(2) The Minister may, at any time in his discretion, direct the Registrar to remove the name of any person from the register, and thereupon such person shall cease to be a registered person, unless and until his name is subsequently re-entered in the register in accordance with section 17.

19 PART II POWERS OF PREVENTIVE DETENTION-19. Offence by registered person.

(1) Any registered person who is found in the company of any other registered person without the permission of the Officer in Charge of the Police District in which he resides shall be guilty of an offence and shall, on conviction, be liable to a fine of one thousand ringgit or to imprisonment for a term not exceeding one year or to both, unless he proves that he did not know and had no reason to suspect that the person in whose company he was found was a registered person.

(2) In subsection (1), "registered person" includes-

(a) any person who is a registered person under this Act;

(b) any person in respect of whom registrable particulars of the kind mentioned in subparagraph (b) in the definition of "registrable particulars" in section 2 of the Registration of Criminals and Undesirable Persons Act 1969 are contained in either of the registers referred to in subsection 7(1) or (2) of that

20 PART II POWERS OF PREVENTIVE DETENTION-20. Arrest.

Any police officer may, without warrant, arrest any person if he has reason to believe that that person has committed an offence against section 19, and every such offence shall be seizable and non-bailable for the purposes of the Criminal Procedure Code.

21 PART II POWERS OF PREVENTIVE DETENTION-21. Provisions with regard to finger impressions and photographs.

(1) Any police officer may take or cause to be taken finger impressions and photographs of any person whose name is required to be entered in the register under subsection 17(1), and shall send them to the Registrar and every such person shall be legally bound to submit to the taking of his finger impressions and photographs, 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 finger impressions and photographs, refuses or fails to submit thereto on demand shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty ringgit or to imprisonment for a term not exceeding one month or to both.

(3) Whenever the name of any person is removed from the register under subsection 18(1) or (2), the Registrar shall, upon the application of that person, deliver to him the sheet upon which his finge

22 PART II POWERS OF PREVENTIVE DETENTION-22. Power to make regulations.

(1) The Minister may make regulations to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of subsection (1) such regulations may-

(a) provide for the maintenance and management of places of detention and for the discipline and treatment of persons detained therein and different regulations may be made for different places of detention;

(b) prescribe the form of the register, and such other forms as may be necessary or expedient to be used in connection with the matters dealt with in this Act or in any regulations made thereunder;

(c) require all or any class of registered persons to carry identity cards, provide for the form, issue, production, inspection, cancellation, alteration, endorsement and replacement of any such cards, and the substitution thereof for identity cards issued to those persons or to persons of that class under any o

23 PART II POWERS OF PREVENTIVE DETENTION-23. Subsidiary legislation made, and directions given, under the Ordinance to have effect under this Act.

(1) All rules and regulations made, and directions given, under the Ordinance and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or given under this Act by the appropriate authority having power to make or give them under this Act (regardless whether the power under this Act is expressed as a power to make rules or a power to make regulations on the subject concerned), and shall, accordingly, have effect for the purposes of this Act with all such modifications as may be necessary to have them accord with the provisions of this Act, until such time as they are replaced by rules, regulations or directions made or given under this Act by the appropriate authority having power to make or give them under this Act.

(2) In applying subsection (1), the provisions of-

(a) the proviso to subsection 4(3);

<

24 PART II POWERS OF PREVENTIVE DETENTION-24. Removal of difficulties.

(1) The Yang di-Pertuan Agong may, by Order published in the Gazette , make such provision as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law, or in the carrying out of any function, the exercise of any power, or the discharge of any duty, or the doing of any act, under any written law that may be occasioned by the provisions of this Act, and for that purpose such Order may make any modification, adaptation, alteration, change or amendment whatsoever, to any written law.

(2) In subsection (1) "written law" includes this Act and any written law expressly mentioned in this Act.

25 PART II POWERS OF PREVENTIVE DETENTION-25. This Act not derogate from the Ordinance.

For the avoidance of doubt it is hereby declared that nothing contained in this Act shall in any manner whatsoever derogate from the provisions of the Ordinance in its application to any person who has been or is associated with any activity relating to or involving the trafficking in dangerous drugs under the Dangerous Drugs Act 1952.