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Public Order (Preservation) Act 1958 (Revised 1983)

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Act 296

PUBLIC ORDER (PRESERVATION)

ACT 1958

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

Laws of Malaysia2 ACT 296

PUBLIC ORDER (PRESERVATION) ACT 1958

First enacted ... ... ... ... ... ... 1958 (Ordinance No. 46 of 1958)

Revised ... ... ... ... ... ... ... 1983 (Act 296 w.e.f. 19 January 1984)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

Public Order (Preservation) 3

LAWS OF MALAYSIA

Act 296

PUBLIC ORDER (PRESERVATION) ACT 1958

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation PART II

PROCLAMATION OF DANGER TO PUBLIC ORDER

3. Proclamation of state of danger to public order PART III

POWERS FOR MAINTENANCE OF PUBLIC ORDER

4. Closing of roads, etc.

5. Prohibition and dispersal of assemblies

6. Barriers

7. Curfew

8. Exclusion of persons

9. Discontinuance of telephone services

10. Seizure of certain articles

11. Powers of requisition

12. Compensation

13. Control of persons Laws of Malaysia4 ACT 296

Section

14. Appeal

15. Powers of search

16. Disposal of property

17. Arrest and detention

18. Use of lethal weapons in effecting arrests

19. Control of arms

20. Powers of members of armed forces

21. Registration of persons arrested or detained

22. Promulgation and cancellation of orders PART IV

OFFENCES RELATING TO PUBLIC ORDER

23. Using offensive weapons, explosive, corrosive or inflammable substances

24. Consorting with person using offensive weapons, explosive, corrosive or inflammable substances

25. Carrying, etc., offensive weapons, explosive, corrosive or inflammable substances in a proclaimed area

26. Presumption

27. Penalty for certain offences

28. Enhanced penalty for certain offences committed in a proclaimed area

29. Provoking a breach of the peace

30. Offences in relation to maintenance of public order in a proclaimed area

31. Saving FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

Public Order (Preservation) 5

LAWS OF MALAYSIA

Act 296

PUBLIC ORDER (PRESERVATION) ACT 1958

An Act relating to the maintenance and restoration of public order. [Peninsular Malaysia--5 December 1958;

Sabah and Sarawak--16 September 1963, L.N. 232/1963] PART I

PRELIMINARY

Short title

1. This Act may be cited as the Public Order (Preservation) Act

1958. Interpretation

2. In this Act, except in so far as the context otherwise requires or it is otherwise expressly provided--

"Chief Police Officer" includes a Commissioner of Police vested with the control of the Royal Malaysian 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; "corrosive substance" means any of the acids and substances specified in the First Schedule and shall be deemed to include all substances which are capable on application to the human body of causing hurt through corrosive action;

"document" includes any substance on which is recorded any matter, whether by letters, figures, marks, pictorial or other representation, or by more than one of these means; Laws of Malaysia6 ACT 296

"explosive substance" shall be deemed to include any materials for making any explosive substance and any bomb, grenade, apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance and any part of the bomb, grenade, apparatus, machine or implement;

"hurt" means hurt as defined in the Penal Code [Act 574]; "offensive weapon" includes any instrument which if used as a weapon of offence is likely to cause hurt;

"Peninsular Malaysia" has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory.

"police officer" includes a volunteer reserve police officer and auxiliary police officer appointed in accordance with any written law for the time being in force;

"proclaimed area" means an area in respect of which a proclamation made or renewed under section 3 is for the time being in force; "subversive document" means any document which contains-- (a) any matter which is seditious within the meaning of the Sedition Act 1948 [Act 15];

(b) any matter likely to be prejudicial to the maintenance or restoration of public order;

(c) any matter counselling or likely to lead to disobedience to the law of Malaysia or to any lawful order therein; (d) any matter inciting or likely to lead to unlawful violence or the promotion of feeling of ill-will or hostility between different races or classes of the population in Malaysia; or

(e) any matter likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of his duties or any class of public servants or against any armed force lawfully in Malaysia or any member of any such force in the execution of his duties; Public Order (Preservation) 7

PART II

PROCLAMATION OF DANGER TO PUBLIC ORDER

Proclamation of state of danger to public order

3. (1) If, in the opinion of the Minister, public order in any area in Malaysia is seriously disturbed or is seriously threatened the Minister may, if he considers it to be necessary for the purpose of maintaining or restoring public order in the area so to do, proclaim the existence in that area of a state of danger to public order.

(2) Every proclamation made under subsection (1) shall apply only to such area as is therein specified and shall remain in force until it is revoked by the Minister or ceases to have effect in accordance with subsection (3).

(3) Every proclamation made under subsection (1) shall, but without prejudice to anything previously done by virtue thereof, cease to have effect upon the expiration of one month from the date upon which it was made:

Provided that a proclamation in force may be renewed by declaration of the Minister from time to time for such period, not exceeding one month at a time, as may be specified in the declaration. (4) A proclamation made under subsection (1) and a declaration of renewal made under subsection (3) shall be published in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof and shall have effect as soon as the notice has been given, without publication in the Gazette.

(5) A copy of every proclamation made under subsection (1) and of every declaration of renewal made under subsection (3) shall be published in the Gazette and laid before Parliament as soon as possible after it has been made and if resolutions are passed by both Houses of Parliament annulling the proclamation or declaration, it shall cease to have effect, notwithstanding subsections (2) and (3), but without prejudice to anything previously done by virtue thereof.

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(6) The Minister may from time to time by writing under his hand delegate to the Menteri Besar or Chief Minister of a State the exercise within the State of the powers conferred upon the Minister by this section subject to such conditions and restrictions as may be prescribed by the Minister.

(7) No delegation of any power under subsection (6) shall affect the exercise of the power by the Minister.

PART III

POWERS FOR MAINTENANCE OF PUBLIC ORDER

Closing of roads, etc.

4. In any proclaimed area-- (a) the Chief Police Officer or the Officer in Charge of a Police District may by order or by giving directions or in any other manner he thinks fit regulate, restrict, control or prohibit the use of any road, street, path or waterway or any public place or close any road, street, path,waterway or public place to the public or any class of the public or to any vehicle or vessel or class of vehicle or vessel; (b) if it appears to the senior police officer present in any part of any such area that, in order to restore or maintain public order in the place, it is necessary to regulate, restrict, control or prohibit the use of any road, street, path or waterway or any public place in or giving access to the part or to close any such road, street, path, waterway or public place and that the situation is too urgent to communicate with an officer having authority under paragraph (a) the officer may exercise the powers conferred by that paragraph on the Chief Police Officer or the Officer in Charge of a Police District:

Provided that the powers conferred by paragraph (b) shall not be exercised by a police officer below the rank of Sergeant: And provided that no order under paragraph (b) shall be valid after the expiration of a period of twenty-four hours from the time when it was made unless made or confirmed by the Chief Police Officer or the Officer in Charge of the Police District having authority under paragraph (a).

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Prohibition and dispersal of assemblies

5. (1) In any proclaimed area-- (a) the Officer in Charge of a Police District may by order prohibit absolutely or subject to such conditions as he may think fit any procession, meeting or assembly of five or more persons in any public place in the area or in any specified place or building, whether public or private, in that area;

(b) any procession, meeting or assembly of five or more persons in any place whatsoever may, whether or not any order shall have been made prohibiting any such procession, meeting or assembly under paragraph (a), be ordered to disperse by any police officer of or above the rank of Sergeant and it shall thereupon be the duty of the members of the procession, meeting or assembly to disperse accordingly.

(2) Any police officer may, if it is necessary for the public security, use such force as may be necessary to disperse any procession, meeting, assembly ordered to be dispersed or prohibited under the provisions of this section, which force may extend to the use of lethal weapons.

Barriers

6. (1) A police officer may, for the purpose of giving effect to an order or direction made under section 4, or whenever he considers it necessary so to do for the preservation of law and order or for the prevention or detection of crime, erect or place barriers in or across any road, street, path, waterway, or public place in a proclaimed area in such manner as he may think fit.

(2) A police officer may take all reasonable steps to prevent any person, whether on foot or in a vehicle or vessel, from passing any such barrier and every person shall comply with any direction or signal of any such officer requiring the person to stop at or before reaching any such barrier.

(3) A police officer may use such force as may be necessary to prevent any person from passing any such barrier, which force may extend to the use of lethal weapons.

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Curfew

7. (1) In any proclaimed area, the Minister, a Chief Police Officer or the Officer in Charge of a Police District may by order require every person within the area or any part thereof to remain within doors between such hours as may be specified in the order unless in possession of a written permit in that behalf issued by the Minister or by a police officer of or above the rank of Sub- Inspector or by any public officer authorized in writing by the Minister, a Chief Police Officer or the Officer in Charge of a Police District to issue such permits.

(2) No order under this section shall apply to--

(a) The Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri;

(b) any police officer or any member of any naval, military or air forces established or serving in Malaysia when on duty; or

(c) any person or class of persons exempted from the provisions of the order by the Chief Police Officer or the Officer in Charge of the Police District.

(3) The powers conferred by subsection (1) may be exercised by any police officer not below the rank of Inspector authorized in writing in that behalf by a Chief Police Officer: Provided that no order made in pursuance of this subsection shall be valid after the expiration of a period of twenty-four hours from the time it was made unless confirmed by the Chief Police Officer.

(4) The Minister may vary or cancel any order made in exercise of the powers conferred by subsection (1) by a police officer. Exclusion of persons

8. (1) In any proclaimed area a Chief Police Officer or an officer in Charge of a Police District may by order exclude all persons or any class of persons from any area in the Police District or Police Districts under his charge or from any place or building therein and may require any person who is in the area or place or building to comply with the directions for regulating his movement and conduct as the Chief Police Officer or the Officer in Charge of a Police District may direct.

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(2) Any police officer may search any person entering, or seeking to enter, or being in, an area, place or building, in respect of which an order under subsection (1) is for the time being in force and may detain any such person for the purpose of searching him: Provided that no woman shall be searched under this subsection except by a woman.

(3) If any person whilst in an area, place or building in respect of which an order under subsection (1) is for the time being in force fails to comply therewith or with any direction given thereunder then, without prejudice to any proceedings which may be taken against him, he may be removed from the area, place or building by a police officer.

(4) The powers conferred by subsection (1) may be exercised by any police officer not below the rank of Inspector authorized in writing in that behalf by a Chief Police Officer or the Officer in Charge of a Police District.

(5) The Minister may make an order and may vary or cancel any order made by a police officer in exercise of the powers conferred by subsection (1).

Discontinuance of telephone services

9. (1) The Minister may by order in writing authorize the telecommunication authority in any area within a proclaimed area specified in the order to withdraw either totally or partially the use of all or any telecommunication facilities or telecommunication plant from any person or class of persons or from the public at large except those persons or class of persons as may be specified in the order and thereupon the telecommunication authority shall withdraw the use, the provision of any agreement or of any written law to the contrary notwithstanding.

(2) In this section the expression "telecommunication authority" has the meaning assigned to it in section 2 of the *Telecommunications Act 1950 [Act 20].

*NOTE--The Telecommunications Act 1950 [Act 20] has since been repealed by the Communications and Multimedia Act 1998 [Act 588]­see subsection 273(1) of Act 588. Laws of Malaysia12 ACT 296

Seizure of certain articles

10. (1) Any police officer may in a proclaimed area seize and take possession of any article or material capable of being, and which in his opinion is likely to be, used for offensive purposes. (2) Any article or material seized under this section shall be disposed of in such manner as the Minister may order. Powers of requisition

11. (1) A Chief Police Officer and any police officer authorized by a Chief Police Officer in that behalf in writing may require any movable or immovable property situate within any proclaimed area or any space or accommodation in any land, building, vessel, vehicle or aircraft within the area to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with such requirement.

(2) The Commissioner of Police and any police officer authorized by the Commissioner in that behalf in writing may, during any period in which a proclamation under section 3 is in force in respect of any area in Malaysia require any vessel, vehicle or aircraft in any place in Malaysia to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with the requirement.

(3) The Menteri Besar or Chief Minister in a State may, with the concurrence of the Minister, direct that any requisition made under the provisions of this section shall cease to have effect to such extent and subject to such qualifications, exceptions and conditions as may be specified or imposed by the direction. (4) No requisition shall be made under this section in respect of any vessel of more than one hundred tons gross tonnage, any rolling stock of the Malayan Railway or any aircraft without the prior approval of the Minister.

Compensation

12. (1) Where, in the exercise of the powers conferred by section 11, possession is taken of any property or of any space or accommodation in any land, building, vessel, vehicle or aircraft, Public Order (Preservation) 13

compensation in respect of the possession shall be assessed in accordance with the written law for the time being in force relating to compensation in respect of the requisitioning of property in an emergency.

(2) No compensation shall be payable to any person in respect of any damage or injury to his person or property caused by or consequent upon any act authorized by this Act unless provision for such compensation is made by this Act.

(3) Where, in the exercise of the powers conferred by section 11, possession is taken of any property or of any space or accommodation in any land, building, vessel, vehicle or aircraft for the purpose of ensuring the maintenance of a public service, any compensation payable in respect of the possession shall be payable by the authority responsible for the provision of that service.

Control of persons

13. (1) Where it appears to a Chief Police Officer that any person-- (a) has been recently concerned in acts involving or likely to cause or provoke a breach of the peace in a proclaimed area or likely to be prejudicial to the success of measures taken to maintain or restore public order in a proclaimed area or in the preparation or instigation of those acts or that by reason of his associations with any persons or organizations concerned in any such acts or by reason of his words or conduct that he is likely to be concerned in those acts; and

(b) that by reason thereof it is necessary to exercise temporary control over that person, a Chief Police Officer may by order exercise in respect of the person any one or more of the following powers, namely:

(i) exclude the person from the proclaimed area or any part thereof;

(ii) require the person to reside in such place or area whether in the proclaimed area or not as may be

specified in the order and not to leave the area

without such permission and subject to such

conditions as may be so specified;

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(iii) require the person to remain within doors during such hours as may be specified in the order;

(iv) require the person to notify to the police at such place or places and in such manner as may be

specified in the order his place of residence and any change thereof and to report to the police at such times and dates and in such manner as may

be so specified;

(v) require the person to enter into a bond for such amount with such sureties as may be specified for his good behaviour or for due compliance with the terms and conditions of any order made under this subsection.

(2) Any order made under this section may be cancelled or varied by the Minister or by the Chief Police Officer. (3) Subject to the provisions of subsection (2), any order made under this section shall remain in force for such period as may be specified therein, but every such order, unless previously cancelled, shall cease to have effect when the area in respect of which the order was made ceases to be a proclaimed area.

Appeal

14. (1) Any person in respect of whom an order under section 13 has been made may appeal to the Minister, who shall decide the appeal and make such order thereon as to him shall seem appropriate. (2) The decision of the Minister on an appeal under this section shall be final.

Powers of search

15. (1) In any proclaimed area any police officer may, without warrant and with or without assistance--

(a) stop and search any person or vehicle found in any public road or place; and

(b) if the police officer is of or above the rank of Sergeant-- (i) stop and search any person or vehicle, whether in a public place or not;

Public Order (Preservation) 15

(ii) enter and search any premises;

(iii) board and search any vessel, vehicle or aircraft not being or having the status of, a naval, military or air force vessel, vehicle or aircraft,

with a view to ascertaining whether the person, vehicle, vessel or aircraft is carrying, or the premises contain, any offensive weapon or subversive document or any article or material or accumulation thereof capable of being used for causing injury to the person or to property, or if he has reasonable grounds for believing that any evidence of the commission of an offence is likely to be found on the person or premises or in any such vessel, vehicle or aircraft and may seize any such weapon, document, article or material if he has reasonable grounds for believing that it is intended or likely to be so used and any such evidence so found and any vessel, vehicle or aircraft in which the weapon, document, article, material or evidence is found:

Provided always that any police officer may exercise the powers conferred by paragraph (b) on a police officer of or above the rank of Sergeant if he has reasonable grounds for believing that by reason of the delay which would be caused by referring the matter to an officer of or above the rank of Sergeant any evidence liable to seizure under the provisions of that paragraph is likely to be removed from the person, premises, vessel, vehicle or aircraft whereon the evidence is believed to be.

(2) No woman shall be searched under this section except by a woman.

Disposal of property

16. (1) Subject to subsection (2), the provision of the Criminal Procedure Code [Act 593] relating to the disposal of property, the subject of an offence, shall apply to any article coming into the possession of a police officer under section 15.

(2) Any offensive weapon, subversive document, corrosive substance or explosive substance coming into the possession of a police officer under section 15 may be disposed of in such manner as the Minister may order.

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(3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from the provisions of this section.

Arrest and detention

17. (1) A police officer may without warrant arrest any person suspected of the commission of an offence against this Act or of the commission in a proclaimed area of any of the offences referred to in section 28.

(2) A police officer may in a proclaimed area without warrant arrest any person in respect of whom he has reason to believe that he is a person to whom subsection 13(1) apply and any person so arrested may be detained for a period not exceeding twenty-four hours, pending a decision as to whether an order under that subsection should be made.

(3) A police officer may in a proclaimed area arrest any person ordered to be excluded from the area under section 13 and may detain the person for a period not exceeding twenty-four hours for the purpose of removing him from the area.

(4) Any person detained under the powers conferred by this Act shall be deemed to be in lawful custody and may be detained in any prison or in any police station or in any other similar place authorized generally or specially by the Chief Police Officer. (5) Every offence against this Act or punishable under section 28 and every offence committed in a proclaimed area against the provisions of any written law for the time being specified in the Second Schedule, shall be seizable and non-bailable for the purposes of the Criminal Procedure Code.

Use of lethal weapons in effecting arrests

18. (1) Notwithstanding anything to the contrary contained in any other written law, it shall be lawful for any police officer in order--

(a) to effect the arrest of any person who fails to comply with an order under section 7 or whom he has reasonable grounds for suspecting to have committed in a proclaimed Public Order (Preservation) 17

area an offence against section 23, 24, 25 or 29 or punishable under section 28 or against any provision of any written law for the time being specified in the Second Schedule; (b) to overcome forcible resistance offered by any person to the arrest; or

(c) to prevent the escape from arrest or the rescue of any person arrested as aforesaid,

to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons.

(2) Every person arrested in the circumstances mentioned in paragraph (1)(a) shall as soon as possible after his arrest be clearly warned of paragraph (c) of that subsection.

(3) Nothing in this section contained shall derogate from the right of private defence contained in sections 96 to 106 inclusive of the Penal Code.

(4) The Second Schedule may be added to, varied or amended by resolution passed by both Houses of Parliament. Control of arms

19. The Minister may, during any period in which a proclamation under section 3 is in force in respect of any area in Malaysia, if he is satisfied that it is expedient in the public interest so to do, from time to time, notwithstanding that licences or permits may have been issued under any written law in respect of such arms, by order, prohibit the use, possession or custody of arms in any part of Malaysia for such period as may be specified in such order; and may at the same time give directions--

(a) for the taking into custody of arms;

b) for the cancellation or suspension of licences or permits for arms for the period specified in the order;

(c) for the giving of notice of the order to any person who in his opinion, ought to have notice of it;

(d) generally for the carrying into effect of the order. Laws of Malaysia18 ACT 296

Powers of members of armed forces

20. (1) Any commander of any armed forces and any member of the armed forces under his command may when engaged on duty connected with the maintenance or restoration of public order, exercise any of the powers conferred upon a police officer by paragraphs 4(b) and 5(1)(b) and subsection 5(2), section 6, subsections 8(2) and (3), 10(1), 15(1), 17(1) and section 18 in like manner as if references in these sections to a police officer were references to a member of the armed forces of equivalent rank. (2) The provisions of Chapter IV of the Criminal Procedure Code shall apply to a member of the armed forces exercising powers under subsection (1) in like manner as they apply to a police officer.

(3) For the purposes of subsection (1)--

(a) "commander of any armed forces" means a commissioned officer for the time being in command of members of the armed forces in the proclaimed area;

(b) a commissioned officer of any armed forces shall be deemed to be of equivalent rank to a police officer above the rank of Sergeant and a Sergeant or Petty officer of any armed forces shall be deemed to be of equivalent rank to a police officer of the rank of Sergeant. Registration of persons arrested or detained

21. (1) The provisions of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], relating to the taking of finger impressions and photographs of persons under arrest and accused of any crime shall apply to persons arrested and detained under this Act as if they were persons accused of any crime within the meaning of that Act.

(2) The provisions of the Registration of Criminals and Undesirable Persons Act 1969, shall apply to persons convicted of an offence against this Act as if the offence were a crime included in the First Schedule to that Act.

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Promulgation and cancellation of orders

22. (1) When any order or direction is given under the provisions of this Part the person making the order or giving the direction shall, unless it is otherwise provided, cause notice of the effect of it to be given in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it and the order or direction shall have effect as soon as such notice has been given, without publication in the Gazette. (2) Any order or direction made under any provisions of this Part may at any time during its continuance be cancelled by any person empowered to make the order but without prejudice to the previous validity of the order or to anything done thereunder or to the power of that person to make a fresh order under the provision. PART IV

OFFENCES RELATING TO PUBLIC ORDER

Using offensive weapons, explosive, corrosive or inflammable substances

23. Any person who in any proclaimed area unlawfully and maliciously uses any offensive weapon or causes by any explosive substance an explosion of a nature likely to endanger life or cause serious injury to the person or to property or uses any corrosive or inflammable substance in a manner likely to endanger life or cause serious injury to the person or to property shall, whether any injury to person or property has actually been caused or not, be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years and shall also be liable to whipping.

Consorting with person using offensive weapons, explosive, corrosive or inflammable substances

24. If any person consorts with or is found in the company of another person who is committing or attempting to commit or is doing any act preparatory to the commission of an offence under section 23 or who has recently committed or attempted to commit such an offence or done such an act the person shall if he so Laws of Malaysia20 ACT 296

consorts or is so found in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted with such other person in any manner prejudicial to the maintenance or restoration of public order in any proclaimed area be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding seven years and shall be liable to whipping.

Carrying, etc., offensive weapons, explosive, corrosive or inflammable substances in a proclaimed area

25. (1) Any person who in any public place in any proclaimed area carries or has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance shall, unless the person proves that he carried the weapon, article or substance or had it in his possession or under his control solely for some lawful purpose shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and shall be liable to whipping.

(2) Any person who in any place in a proclaimed area, other than a public place, has in his possession or under his control any offensive weapon or any explosive, corrosive or inflammable substance in circumstances which raise a reasonable presumption that the weapon or substance is intended to be used for a purpose prejudicial to the maintenance or restoration of public order shall unless he shall prove that he had the weapon or substance in his possession solely for a lawful purpose be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years and shall be liable to whipping. Presumption

26. (1) Where any offensive weapon or any explosive, corrosive or inflammable substance is found in or on any premises the occupier of the premises shall be deemed to be in possession of the weapon or substance unless he shall prove that some other person was in possession thereof or that he had no knowledge or reasonable means of knowledge that the weapon or substance was in or on the premises, and that he had taken all reasonable precautions against the weapon or substance being kept in or on the premises.

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(2) In any prosecution under subsection 25(2) it shall be pre- sumed until the contrary be proved that any weapon or substance was intended to be used for a purpose prejudicial to the mainte- nance or restoration of public order if--

(a) the number of weapons or the quantity of the substance found exceeded the quantity reasonably required to be kept by the accused for ordinary use and consumption in his household or establishment and (in the case of a person carrying on business) exceeded the quantity reasonably required to be kept in the ordinary course of his business;

(b) the weapons or substance were kept concealed or in a place other than that in which they might reasonably be expected to be kept for domestic or in the case of a person carrying on business for business purposes; or (c) the substances were kept in containers other than containers of a kind in which such substances are ordinarily kept for domestic or in the case of a person carrying on business, for business purposes.

Penalty for certain offences

27. If any person contravenes or fails to comply with any provision of this Act or any order or direction made or given or requirement imposed under section 4, 5, 6, 7, 8, or 13, or abets such contravention or failure, he shall be guilty of an offence against this Act and, subject to any special provisions contained in this Act, shall be liable to imprisonment for a term of six months or to a fine of five hundred ringgit or to both.

Enhanced penalty for certain offences committed in a proclaimed area

28. Any person who in a proclaimed area commits, attempts to commit or in any place in Malaysia abets the commission in a proclaimed area of any of the offences for the time being specified in the Third Schedule shall be liable on conviction for the offence, attempt or abetment to imprisonment for a term which may extend to twice the longest term provided for the offence, attempt or abetment, as the case may be, or to such fine as is provided therefor or to both.

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Provoking a breach of the peace

29. Any person who in any place in a proclaimed area uses any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years.

Offences in relation to maintenance of public order in a proclaimed area

30. If any person shall in any place in Malaysia during any period in which a proclamation under section 3 is in force in respect of any area in Malaysia do any act or utter any words or print, publish, sell, offer for sale, distribute or reproduce for distribution or import, or have in his possession any document containing any matter which--

(a) is likely to be prejudicial to the maintenance or restoration of public order in the proclaimed area or in any other part of Malaysia;

(b) counsels or is likely to lead to disobedience to the law of Malaysia or to any lawful order made thereunder or to the obstruction of public officers in the execution of their duty to restore or maintain public order;

(c) incites or is likely to cause unlawful violence or to promote feelings of ill-will or hostility between different races or classes of the population of Malaysia; or

(d) is likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of his duty or against any class of public servants or against any armed force lawfully in Malaysia or any member of any such force in the execution of his duty, he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years. Saving

31. Except as provided by section 28 nothing in this Part shall affect any other law relating to criminal offences provided that no person shall be punished twice for the same offence. Public Order (Preservation) 23

FIRST SCHEDULE

[Section 2]

Sulphuric Acid Acid Phenols

Nitric Acid Ammonia

Hydrochloric Acid Potassium Hydroxide

Formic Acid Sodium Hydroxide

Acetic Acid

SECOND SCHEDULE

[Sections 17 and 18]

Act 574 1. Penal Code Sections 430, 430A, 431,

431A, 435 and 436

Act 206 2. Arms Act 1960

THIRD SCHEDULE

[Section 28]

Act 574 Penal Code Sections 143, 144, 145,

147, 148, 151, 152, 153,

157, 158, 160, 379, 380,

381 and 382

Swk. Cap. 56 Minor Offences Section 33

Ordinance

Laws of Malaysia24 ACT 296

LAWS OF MALAYSIA

Act 296

PUBLIC ORDER (PRESERVATION) ACT 1958

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 232/1963 Modification of Laws (Internal 16-09-1963 Security and Public Order)

(Borneo States) Order 1963

Act 41/1967 Police Act 1967 29-08-1967

Act 7 Registration of Criminals and 02-05-1969

Undesirable Persons Act 1969

Act 15 Sedition Act 1948 19-07-1948

(Peninsular

Malaysia);

28-05-1964

(Sabah);

20-11-1969

(Sarawak)

Act 20 Telecommunications Act 1950 01-07-1950

(Peninsular

Malaysia);

10-12-1964

(Sabah and

Sarawak

Act 206 Arms Act 1960 01-03-1962

(Peninsular

Malaysia);

01-09-1977

(Sabah and

Sarawak)

Act 160 Malaysian Currency (Ringgit) 29-08-1975

Act 1975

Act A324 Criminal Procedure Code 10-01-1976

(Amendment and Extension)

Act 1976

Public Order (Preservation) 25

Act A327 Penal Code (Amendment and 31-03-1976

Extension) Act 1976

Act A514 Constitution (Amendment) 27-08-1976

Act 1981

Amending law Short title In force from

Laws of Malaysia26 ACT 296

LAWS OF MALAYSIA

Act 296

PUBLIC ORDER (PRESERVATION) ACT 1958

LIST OF SECTIONS AMENDED

Section Amending authority In force from

7 Act A514 27-08-1976

21 Act 160 29-08-1975

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA