Dangerous Drugs (Special Preventive Measures) 1

LAWS OF MALAYSIA
REPRINT

Act 316

DANGEROUS DRUGS (SPECIAL

PREVENTIVE MEASURES)
ACT 1985
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
2

DANGEROUS DRUGS (SPECIAL

PREVENTIVE MEASURES) ACT 1985

Date of Royal Assent ... ... ... … … 22 May 1985

Date of publication in the Gazette … ... 30 May 1985

PREVIOUS REPRINT

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

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LAWS OF MALAYSIA

Act 316

DANGEROUS DRUGS (SPECIAL

PREVENTIVE MEASURES) ACT 1985

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section
1. Short title and commencement
2. Interpretation

PART II
POWERS OF PREVENTIVE DETENTION

3. Power to detain suspected persons

4. Examination of persons acquainted with the facts and circumstances of
case
5. Inquiry Officer
6. Power to order detention and restriction of persons
6A. Detention order not to be invalid or inoperative on certain grounds
7. Suspension of detention orders
8. Detention or restriction deemed to be undergone during period of
imprisonment
9. Representations against detention orders
10. Report of Advisory Board
11. Review
11A. Minister’s power to extend a detention order, a restriction order, or a
suspended detention order
4 Laws of Malaysia ACT 316
Section

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
11C. Judicial review of act or decision of Yang di-Pertuan Agong and
Minister
11D. Interpretation of “judicial review”
11E. Commencement of sections 11C and 11D
12. Power to summon witnesses
13. Member of Advisory Board deemed to be public servant
14. Disclosure of information
15. Power to order removal
16. Power to order production of detained person
17. Registration
18. Removal of name from register
19. Offence by registered person
20. Arrest
21. Provisions with regard to finger impressions and photographs
22. Power to make regulations
23. Subsidiary legislation made, and directions given, under the Ordinance
to have effect under this Act
24. Removal of difficulties
25. This Act not to derogate from the Ordinance
 Dangerous Drugs (Special Preventive Measures) 5
LAWS OF MALAYSIA

Act 316

DANGEROUS DRUGS (SPECIAL

PREVENTIVE MEASURES) ACT 1985

An Act to provide for the preventive detention of persons associated

with any activity relating to or involving the trafficking in dangerous
drugs.

[15 June 1985, P.U. (B) 305/1985]

WHEREAS action which is prejudicial to public order in Malaysia

has been taken and further similar action is being threatened by
a substantial body of persons both inside and outside Malaysia;

AND WHEREAS Parliament considers it necessary to stop such action;

N OW , THEREFORE , pursuant to Article 149 of the Constitution

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:

PART I

PRELIMINARY

Short title and commencement

1. (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) This Act shall continue in force for a period of five years
from the date appointed by the Minister under subsection (2).
6 Laws of Malaysia ACT 316

(4) Notwithstanding subsection (3), this Act may, by a resolution

passed by both Houses of Parliament, be extended for a further
period as may be specified in the resolution.

(5) Upon the expiration of this Act—

(a) any person detained in police custody under section 3
shall forthwith be released; and
(b) any order under section 6 or 7 shall cease to have effect
and—
(i) the officer in charge of any place of detention
shall forthwith release from custody every person
detained therein pursuant to a detention order made
under section 6 or 7; and
(ii) the Chief Police Officer of the State or Federal
Territory within which a person subject to a
restriction order made under section 6 or 7 resides
shall forthwith inform such person that he has
ceased to be subject to the restrictions and conditions
imposed by such order.

Interpretation

2. 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 General appointed under

section 5 of the Police Act 1967 [Act 344];
 Dangerous Drugs (Special Preventive Measures) 7
“Minister” means the Minister charged with the responsibility
for internal security;

“Officer in Charge of the Police District” has the meaning given

to the expression “Officer in charge of a Police District” by the
Criminal Procedure Code [Act 593];

“Ordinance” means the Emergency (Public Order and Prevention

of Crime) Ordinance 1969 [Ord. 5 of 1969, P.U. (A) 187/1969];

“police officer” means any member of the Royal Malaysia Police;

“trafficking” has the same meaning as is assigned to it under the

Dangerous Drugs Act 1952.

PART II

POWERS OF PREVENTIVE DETENTION

Power to detain suspected persons

3. (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
Superintendent has reported the circumstances of the arrest
and detention to the Inspector General or to a police
8 Laws of Malaysia ACT 316

officer designated by the Inspector General in that behalf

and the Inspector General or police officer so designated
by him, as the case may be, shall forthwith report the
same to the Minister.

(3) The police officer making an investigation pertaining to a

person arrested and detained under this section shall cause a copy
of the complete report of the investigation to be submitted—
(a) to an Inquiry Officer appointed under subsection 5(1);
and
(b) to the Minister,

within such period as may be prescribed by the Minister by regulations

made under this Act.

(3A) Where the person arrested and detained under subsection

(1) is a person in respect of whom subsection 6(5) applies, the
complete report of the investigation referred to in subsection (3)
in respect of such person may include any statement, document,
information, or other thing or material whatsoever which had been
obtained in the course of any enquiries made in respect of such
person by a police officer under section 3 of the Ordinance for the
purpose of the detention order under section 4, or the restriction
order under section 4A, as the case may be, of the Ordinance,
against him, regardless that such statement, document, information,
or other thing or material was obtained in a manner which does
not accord or comply with the requirements of section 4, and it
shall not be necessary for any statement to be taken under section
4 for the purpose of such report in respect of such person, but if
any statement is taken under section 4 it shall also be included in
such report in respect of such person.

(4) Any person detained under the powers conferred by this

section shall be deemed to be in lawful custody, and may be
detained in any prison, or in any police station, or in any other
place authorized generally or specially by the Minister.

Examination of persons acquainted with the facts and

circumstances of case

4. (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),
 Dangerous Drugs (Special Preventive Measures) 9
a police officer making an investigation under this Act may 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.

(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) A statement made by any person under subsection (1) shall

bear the date and time of making thereof and shall be signed by
the person making it or affixed with his thumbprint, as the case
may be, after it has been read to him in the language in which it
was made and after he has been given an opportunity to make any
corrections he may wish.

(6) The foregoing provisions of this section shall be without

prejudice to subsection 3(3A).

Inquiry Officer

5. (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 Inquiry Officer.

(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;
10 Laws of Malaysia ACT 316

(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 or desirable;
(c) summon and examine witnesses on oath or affirmation,
and may for those purposes administer any oath or
affirmation;
(d) require the production of any document or other thing in
his opinion relevant to the case.

(4) An Inquiry Officer shall submit his report in writing to the

Minister within such period as may be prescribed by the Minister
by regulations made under this Act.

Power to order detention and restriction of persons

6. (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.

(3) If the Minister is satisfied that for the purpose mentioned in

subsection (1) it is necessary that control and supervision should
be exercised over any person or that restrictions and conditions
should be imposed upon that person in respect of his activities,
 Dangerous Drugs (Special Preventive Measures) 11
freedom of movement or places of residence or employment, but
for that purpose it is unnecessary to detain him, he may make an
order (hereinafter referred to as a “restriction order”) imposing
upon that person (hereinafter referred to as a “restricted person”)
all or any of the following restrictions and conditions:
(a) that he shall be subject to the supervision of the police
for any period not exceeding two years;
(b) that he shall reside within the limits of any State or any
Federal Territory or any area thereof specified in the
restriction order;
(c) that he shall not transfer his residence to any other area
without the written authority of the Chief Police Officer
of the State or Federal Territory concerned;
(d) that except in so far as may be otherwise provided by the
restriction order, he shall not leave the area within which
he resides without the written authority of the Chief
Police Officer of the State or Federal Territory concerned;
(e) that 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;
(f) that he shall at such time or times as may be specified
in the restriction order present himself at the nearest
police station;
(g) that he shall remain within doors, or within such area as
may be defined in the restriction order, between such
hours as may be specified in the restriction order, unless
he obtains special permission to the contrary from the
Officer in Charge of the Police District;
(h) that except in so far as may be otherwise provided by the
restriction order, he shall not enter any area specified in
the restriction order;
(i) that he shall keep the peace and be of good behaviour;
(j) that he shall enter into a bond, with or without sureties
as the Minister may direct and in such amount as may
be specified in the restriction order, for his due compliance
with the restrictions and conditions imposed on him by
the restriction order.
12 Laws of Malaysia ACT 316

(4) Every restriction order shall continue in force for such period,
not exceeding two years, as may be specified therein, and may
include a direction by the Minister that the person in respect of
whom it is made shall enter into a bond with or without sureties
and in such sum as may be specified for his due compliance with
the restrictions and conditions imposed upon him.

(5) A detention order under subsection (1), or a restriction order

under subsection (3), may be made against a person notwithstanding
that immediately, or at any time, before his arrest and detention
under subsection 3(1)—
(a) he had been detained under a detention order made under
section 4, or had been subject to a restriction order made
under section 4A, of the Ordinance on grounds which are
wholly or partly the same as or similar to the grounds on
which the detention order under subsection (1) or the
restriction order under subsection (3) is to be made against
him; and
(b) he had been released from detention either upon the expiry
of the duration of the said detention order made under
section 4 of the Ordinance against him, or otherwise
howsoever before such expiry, or had ceased to be subject
to the said restriction order made under section 4 A of the
Ordinance against him either upon the expiry of the duration
of the said restriction order, or otherwise howsoever before
such expiry.

(6) The Minister may, from time to time, by notice in writing

served on a person who is the subject of a restriction order, vary,
cancel or add to any restrictions or conditions imposed upon that
person by that order, and the restrictions or conditions so varied
and any additional restrictions or conditions so imposed shall,
unless sooner cancelled, continue in force for the unexpired portion
of the period specified under subsection (4) or under subsection
11A(1).

(7) Any restricted person who contravenes or fails to comply

with any restriction or condition expressed in his restriction order
shall be guilty of an offence and shall on conviction be punished
with imprisonment for a term not exceeding five years and not less
than three years.
 Dangerous Drugs (Special Preventive Measures) 13
Detention order not to be invalid or inoperative on certain
grounds

6A. (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 any defect relating to its service
upon him.

(2) No fresh detention order or fresh restriction order referred

to in subsection 11B(2) shall be invalid or inoperative by reason
that no fresh report has been submitted under subsection 3(3) and
subsection 5(4) or that that detention order or restriction order was
made on the same ground as the previous detention order or restriction
order.

Suspension of detention orders

7. (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).
14 Laws of Malaysia ACT 316

(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 any such case
the revocation of the suspension shall be sufficient authority to
any police officer to re-arrest without warrant the person against
whom the detention order was made, and that person shall as soon
as practicable be returned to his former place of detention or, if
the Minister so directs, sent to another place of detention.

(4) The suspension of any detention order as aforesaid shall,

subject to subsection 6(6) as applied by subsection (2) and subject
also to subsection (3), continue in force for the unexpired portion
of the period of the detention order specified under subsection 6(1)
or under subsection 11A(1).

Detention or restriction deemed to be undergone during period

of imprisonment

8. 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.
 Dangerous Drugs (Special Preventive Measures) 15
Representations against detention order

9. (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.

(3) The Yang di-Pertuan Agong may make rules as to the manner
in which representations may be made and for regulating the procedure
of the Advisory Board.

Report of Advisory Board

10. (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.
16 Laws of Malaysia ACT 316

Review

11. (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 should cease, the Minister shall revoke
the detention order or restriction order.

(4) Where the Advisory Board has reported that in its opinion
the detention or restriction should continue, the Minister may
continue the detention or restriction of the person concerned.

Minister’s power to extend a detention order, a restriction

order, or a suspended detention order

11A. (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
 Dangerous Drugs (Special Preventive Measures) 17
where the Minister so directs he shall set out in the direction the
grounds 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 grounds.

(2) Where the duration of a suspended detention order is extended

under subsection (1), the duration of the direction for its suspension
under subsection 7(1) shall be deemed to be extended for the
duration of the extension of the suspended detention order together
with the restrictions and conditions imposed in respect of such
suspension, subject, if the Minister so directs, to the requirement
that the person against whom the detention order was made shall
enter into a fresh bond as provided in subsection 6(4), and section
7 shall apply to such extended suspension in the same manner as
they apply to an original suspension under subsection 7(1).

(3) Where the direction under subsection (1) for the extension
of the duration of a detention order or a suspended detention order
is on grounds which fall under paragraph (1)(bb) or (cc), sections
9 and 10 shall apply to such direction as if the direction were a
fresh detention order.

(4) The duration of a detention order, or a restriction order,

or a suspended detention order, which is extended under
subsection (1) may, thereafter, be further extended from time to
time for further periods not exceeding two years at a time, and the
provisions of this section shall apply mutatis mutandis in relation
to each such extension.

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

11B. (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.
18 Laws of Malaysia ACT 316

(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.

Judicial review of act or decision of Yang di-Pertuan Agong

and Minister

11C. (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 6 A.

Interpretation of “judicial review”

11D. 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.

Commencement of sections 11 C and 11D

11E. (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
 Dangerous Drugs (Special Preventive Measures) 19
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.

Power to summon witnesses

12. 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.

Member of Advisory Board deemed to be public servant

13. 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.

Disclosure of information

14. 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.

Power to order removal

15. (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.
20 Laws of Malaysia ACT 316

(2) Any person in the course of removal under subsection (1)

shall be deemed to be in lawful custody.

Power to order production of detained person

16. (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 11 A(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.

Registration

17. (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 any such person as may be prescribed
or as may be necessary for effecting the registration of
that person under subsection (1);
 Dangerous Drugs (Special Preventive Measures) 21
(b) by notice in writing direct the attendance before him, at
a time and place specified in the notice, of any restricted
person for the purpose of taking finger impressions and
photographs of that person and of obtaining such other
particulars concerning any such person as may be prescribed
or as may be necessary for effecting the registration of
that person under subsection (1).

(3) Any person who, being required by a police officer not

below the rank of Inspector to furnish the particulars referred to
in paragraph (2)(a) or (b), refuses to furnish any such particulars
or furnishes any particulars which he knows or has reason to
believe to be false, 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.

(4) If any person fails to attend as directed under paragraph

(2)(b), the police officer who issued the notice may cause him to
be arrested without warrant by any police officer and brought
before him for the purposes mentioned in that subsection.

Removal of name from register

18. (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.

Offence by registered person

19. (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
22 Laws of Malaysia ACT 316

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 Act; and
(c) any person who is subject to the supervision of the police
under section 295 of the Criminal Procedure Code.

Arrest

20. 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.

Provisions with regard to finger impressions and photographs

21. (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
 Dangerous Drugs (Special Preventive Measures) 23
finger impressions have been made, together with the negative and
all copies of any photograph taken of him and sent to the Registrar
under this section; and if no such application is received within
three months from the date of removal the Registrar shall destroy
the sheet and every such negative and photograph.

Power to make regulations

22. (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 other written law, and for all other
matters necessary or expedient in connection with any
such cards or the carrying thereof or the enforcement of
any such 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; and
(d) prescribe anything which may be prescribed under this
Act.

(3) (Deleted by Act A629).

24 Laws of Malaysia ACT 316

Subsidiary legislation made, and directions given, under the

Ordinance to have effect under this Act

23. (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);
(b) the first proviso to subsection 5(3); and
(c) subsection 13G(3),

of the Ordinance shall also apply mutatis mutandis in relation to

this Act in the same manner as they apply in relation to the
Ordinance.

Removal of difficulties

24. (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.
 Dangerous Drugs (Special Preventive Measures) 25
This Act not to derogate from the Ordinance

25. 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.
26 Laws of Malaysia ACT 316

LAWS OF MALAYSIA

Act 316

DANGEROUS DRUGS (SPECIAL

PREVENTIVE MEASURES) ACT 1985

LIST OF AMENDMENTS

Amending law Short title In force from

*Act A629 Dangerous Drugs (Special 18-12-1985;

Preventive Measures) (Amendment) except
Act 1985 subs. 13(2)
& 14(2):
15-06-1985

**Act A707 Dangerous Drugs (Special 15-07-1988;

Preventive Measures) (Amendment) except s. 3:
Act 1988 18-12-1985

Act A738 Dangerous Drugs (Special 24-08-1989

Preventive Measures) (Amendment)
Act 1989

***Act A766 Dangerous Drugs (Special 3-04-1990;

Preventive Measures) (Amendment) except
Act 1990 para 3(b):
15-07-1988

*NOTE—See subsection 5(2) of the Dangerous Drugs (Special Preventive Measures) (Amendment)
Act 1985 [Act A629] for the legal effect of a detention order or a restriction order and see sections
15 and 16 of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act 1985 [Act
A629] for transitional provisions.

**NOTE—See section 4 of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act
1988 [Act A707] for Validation of detention orders, detentions and indemnity.

***NOTE—See section 5 of the Dangerous Drugs (Special Preventive Measures) (Amendment) Act
1990 [Act A766] for validation of detention orders, detentions and indemnity.
 Dangerous Drugs (Special Preventive Measures) 27
LAWS OF MALAYSIA

Act 316

DANGEROUS DRUGS (SPECIAL

PREVENTIVE MEASURES) ACT 1985

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A629 18-12-1985

3 Act A629 18-12-1985

4 Act A629 18-12-1985

6 Act A629 18-12-1985

Act A766 03-04-1990

6A Act A707 15-07-1988;

Act A766 13-07-1985;
03-04-1990

7 Act A629 18-12-1985

8 Act A629 18-12-1985

11 Act A629 18-12-1985

11A Act A629 18-12-1985

11B Act A629 18-12-1985

Act A707 18-12-1985
Act A766 15-07-1988
03-04-1990

11C Act A738 24-08-1989

11D Act A738 24-08-1989

11E Act A738 24-08-1989

15 Act A629 18-12-1985

16 Act A629 18-12-1985

18 Act A629 18-12-1985

22 Act A629 15-06-1985

28 Laws of Malaysia ACT 316
Section Amending authority In force from

23 Act A629 15-06-1985

24 Act A629 18-12-1985

25 Act A629 15-06-1985

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA