The penalties prescribed for the various offences created under the ISA range from the
payment of a fine and/or one year imprisonment for wearing a prohibited uniform, dress or
emblem210 to death for attempting or succeeding to supply fire-arms, ammunition or
explosives for the use by a terrorist.211
Detention
Detention without trial and also executive orders restricting the residence of the subject to a
designated area that is not his or her normal place of residence is provided for under several
statutes designed to promote and preserve internal security and public order (“the security
legislation”). The principal Acts in this category are as follows:
(a)
Internal Security Act 1960 (Act 82) ;
(b)
Emergency (Public Order and Prevention of Crime Ordinance):No. 5, 1969;
(c)
Dangerous Drugs (Special Preventive Measures) Act 1985 and
(d)
Restricted Residence Act 1933 – Revised 1989.
Section 73 of the ISA empowers arrest and detention of up to and not exceeding sixty days.
This period will be utilized by the police to interrogate the detainee with a view to
determining whether there is adequate additional material to justify a Ministerial order of
detention under Section 8 which will automatically follow if the Minister is satisfied that the
further detention of such person (which could be up to two years) is necessary with a view to
preventing him or her from acting in any manner prejudicial to the security or economic life
of Malaysia or to the maintenance of its essential services.
By Section 8(7) the detention may be extended indefinitely for two years at a time on the
same or different grounds from that specified in the original detention order. The Police
cannot, however, use the original period of detention for the purpose of discovering some
basis on which the individual can be detained as the foundation for a section 73 detention
must have existed prior to the detention. All visits to detainees under the ISA are closely
monitored as provided by Rule 18(5) of the Rules made under the Act.
210
211
Part II, Chapter I, Section 4, Internal Security Act 1960.
Part III, Chapter III, Section 59(1); Part III, Chapter III, Section 61, Internal Security Act 1960.
101