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LAWS OF MALAYSIA
REPRINT

Act 377

RESTRICTED RESIDENCE
ACT 1933
Incorporating all amendments up to 1 January 2006

PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006

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RESTRICTED RESIDENCE 1933

First enacted … ... ... ... ... … … 1933 (F.M.S. Cap. 39)

Revised … … … … … ... … 1989 (Act 377 w.e.f.

7 September 1989)

PREVIOUS REPRINT

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

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LAWS OF MALAYSIA

Act 377

RESTRICTED RESIDENCE ACT 1933

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

1A. Interpretation
2. Order for residence in particular place or exclusion from particular
place or places
2A. Police supervision
3. Person affected to be informed of order
4. Effect of order for residence
5. Authority of Minister to enter prohibited area
6. Penalty
7. Harbouring
8. Arrest
9. Sanction for prosecution
SCHEDULE

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LAWS OF MALAYSIA

Act 377

RESTRICTED RESIDENCE ACT 1933

An Act relating to the making and enforcement of orders regarding

residence in and exclusion from certain areas.

[Peninsular Malaysia—16 June 1933;

Sabah and Sarawak—19 September 1980,
P.U. (A) 264/1980]

Short title and application

1. (1) This Act may be cited as the Restricted Residence Act 1933.

(2) This Act shall apply throughout Malaysia.

Interpretation

1A. (1) In this Act, unless the context otherwise requires—

“area” shall, in the application of this Act to *Peninsular Malaysia,

means a district, subdistrict or mukim duly notified under section
11 or deemed to have been notified under section 442 of the
National Land Code [Act 56 of 1965];

“Chief Police Officer” includes a Commissioner of Police vested

with the control of the Royal Malaysia Police in respect of any
area or State;

“Peninsular Malaysia” has the meaning assigned thereto in section

3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes
the Federal Territory.

(2) In Sabah and Sarawak all or any of the powers exercisable

by a Commissioner of Police under this Act may be exercised by
a Deputy Commissioner of Police authorized in writing by the
Commissioner of Police to exercise the same.

–see the Interpretation (Amendment) Act 1997Adam Haida & Co

*NOTE—All reference to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”
[Act A996], subsection 5(2).
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Order for residence in particular place or exclusion from
particular place or places

2. (1) Whenever it shall appear to the Minister on such written

information and after such enquiry as he may deem necessary that
there are reasonable grounds for believing that any person should
be required to reside in any particular area or should be prohibited
from entering into any particular area or areas the Minister may
issue an order in one of the Forms in the Schedule for the arrest
and detention or, if he is already in prison, for the detention of that
person.

(2) The Minister thereafter after such further enquiry as he may

deem necessary may make an order in the Form in the Schedule
that from a date to be stated in the order, the person do reside in
such area as may be specified in the order or do not enter into such
area or areas as may be so specified.

(3) An order made under subsection (ii) may be for the life of
the person to whom it relates or for a term to be stated in the order,
and may at any time be revoked, cancelled, or varied by the Minister.

(4) (Deleted by P.U. (A) 264 of 1980).

Police supervision

2A. (1) Without prejudice to section 2, the Minister may by order

direct that any person named in the order shall be placed under
police supervision for any period not exceeding five years and
may renew any such order for a further period or periods not
exceeding one year at any one time.

(2) Any person placed under police supervision by order made

under this section shall be subject to all or any of the following
restrictions as the Minister may direct:
(a) he shall be required to reside within the limits of any
area, town or village specified in the order;
(b) he shall not be permitted to transfer his residence to any
other area, town or village, as the case may be, without
the written authority of the Chief Police Officer of the
State concerned; Adam Haida & Co
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(c) he shall not leave the area, town or village within which
he resides without the written authority of the Chief
Police Officer of the State concerned;
(d) he shall at all times keep the Officer in Charge of the
Police District in which he resides notified of the house
or place in which he resides;
(e) he shall be liable at such time or times as may be specified
in the order to present himself at the nearest police station;
(f) he shall not, without the permission of the Chief Police
Officer of the State concerned, make any public speech
or address any meeting, or publish in any manner any
manifesto, article or other document which, in the opinion
of the Chief Police Officer, has a seditious tendency or
contains any incitement to violence or is likely to lead
to a breach of the peace.

(3) For the purpose of this section the phrase “seditious tendency”
has the same meaning as in the Sedition Act 1948 [Act 15].

Person affected to be informed of order

3. (1) When any such order as is referred to in subsection 2(2)

or section 2A has been made with reference to any person, he shall
be taken before the Officer in Charge of the prison in which he
is detained and the Officer in Charge shall inform him of the terms
of the order and shall deliver to him a copy thereof and shall
require him to state the place in which, consistently with the terms
of the order, he desires in the immediate future to reside.

(2) As soon as may be after action has been taken under subsection
(1), the Officer in Charge shall hand over the person to whom the
order relates together with a warrant of release in the Form in the
Schedule to any Police Officer appointed by the Chief Police
Officer to receive him, and the person shall thereupon be conveyed
under police escort to the place wherein he states he wishes to
reside and shall there be released.

(3) In this section and in the Schedule “Officer in Charge” has

the meaning assigned in the *Prisons Ordinance 1952 of West
*NOTE—The Prisons Ordinance 1952 of West Malaysia [Ord. 81 of 1952], the Prisons Ordinance
1956 of Sabah [Sabah Ord. 7 of 1956] except subsection 70(4) to (14) and subsection 81(1) and
the Prisons Ordinance of Sarawak [Sarawak. Cap. 24] except subsection 34(4) to (14) have since
Adam
been repealed by the Prison Act 1995 [Act 537]–see Haida68(1)
subsection & Co of Act 537.
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Malaysia [Ord. 81 of 1952] or the Prisons Ordinance 1956 of
Sabah [Sabah Ord. 7 of 1956] or the Prisons Ordinance of Sarawak
[Sarawak. Cap. 24].

Effect of order for residence

4. Except as provided by or under subsection 2A(2) any person

ordered to reside in any area, town or village is hereby prohibited
from entering into any other area, town or village, as the case may
be.

Authority of Minister to enter prohibited area

5. The Minister may by writing under his hand authorize any

person—
(a) who has been ordered under section 2 to reside in any
area to enter any other area; or
(b) who has been ordered under section 2 not to enter any
area or areas to enter any of such areas,

for such purpose and for such period and in accordance with such
conditions as may be stated in the writing.

Penalty

6. (1) Any person found within any area, town or village in

contravention of the prohibition contained in section 4 or of any
order made under subsection 2(2) or under section 2 A or of the
terms of any written authorization under subsection 2A(2) or section
5 shall be liable to imprisonment for a term not exceeding three
years.

(2) Any person subject to any restriction referred to in paragraph

2A(2)(d), (e) or (f) who contravenes or fails to comply with the
terms of the restriction or who contravenes or fails to comply with
the terms of any permission given under the said paragraph (f)
shall be liable to imprisonment for a term not exceeding three
years.
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Harbouring

7. (1) Any person who knowingly conceals or harbours any person

who unlawfully enters any area, town or village shall be liable to
a fine of five hundred ringgit or to imprisonment for six months;
provided that this section shall not apply to the case of a wife
harbouring or concealing her husband or a husband harbouring or
concealing his wife.

(2) Any person aware of the presence in any area, town or

village of any person, not being the husband or wife of such first
mentioned person, who has been ordered not to enter the area,
mukim, town or village or has been ordered to reside in any other
area, town or village, and being aware also of the making of the
order, shall in the absence of reasonable excuse, proof whereof
shall lie on him, forthwith give information to the nearest Magistrate
or police officer, and in default of his doing so shall be liable to
a fine of two hundred and fifty ringgit or to imprisonment for three
months.

Arrest

8. Any police officer may arrest without warrant any person

reasonably suspected of being in any area, town or village in
contravention of the prohibition contained in section 4 or of any
order made under subsection 2A(2) or 2A(1) or of the terms of any
written authorization under subsection 2A(2) or section 5.

Sanction for prosecution

9. No prosecution shall be instituted under this Act without the

sanction in writing of the Public Prosecutor.

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SCHEDULE

FORM A
STATE OF …………

WARRANT OF ARREST AND DETENTION

RESTRICTED RESIDENCE ACT 1933
[Subsection 2(1)]

To the Chief Police Officer and all other Police Officers and to the Officer in
Charge……………………………………………………………………Prison.

Whereas it appears to me in accordance with section 2 of the Restricted

Residence Act 1933, that there are reasonable grounds for believing that an
order should be made under subsection 2(2) of the said Act against....................
................…………………………….……………………………………………..

Now you the said Police Officer are hereby directed to arrest the
said………………………………… wherever he may be found and convey him
to the………………………………………………… Prison.

And you the said Officer in Charge………………….................……….…............

Prison are hereby directed to detain the said…………...in safe custody in the
civil prison until you shall receive further orders through me.

Given under my hand this………… day of…………. 20……

.......……………........
Minister

FORM B
State of…………
WARRANT OF DETENTION
RESTRICTED RESIDENCE ACT 1933
[Subsection 2(1)]

To the Officer in Charge……………….....……....................………… Prison.

Whereas it appears to me in accordance with section 2 of the Restricted

Residence Act 1933, that there are reasonable grounds for believing that an
order under section 2 of the said Act should be made against..…………...............who
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Now you the said Officer in Charge are hereby directed to detain the
said…………………………………………………… in safe custody in the civil
prison ………………........……………………………………… until you shall
receive further orders through me.

Given under my hand this………… day of………… 20……

.......……………........
Minister

Form C
ORDER UNDER SUBSECTION 2(2)
RESTRICTED RESIDENCE ACT 1933
It is hereby ordered that……......……...…now residing at...............................
shall—
(a) for the term of his natural life;
(b) for the term of………… years from this date;
(c) reside in that part of Malaysia which is hereafter specified—to
wit…………………;
(d) refrain from entering that part of Malaysia which is hereafter specified—
to wit…………………
Note—(a), (b), (c), (d): delete words not required.

Given under my hand this….....…day of……… 20……

........……………........
Minister

Form D
WARRANT OF RELEASE
RESTRICTED RESIDENCE ACT 1933
[Subsection 3(2)]
To the Chief Police Officer and all other Police Officers.
In pursuance of the powers vested in me by subsection 3(2) of the Restricted
Residence Act 1933, you are hereby directed to convey......................................under
police escort to……...…............…in the area of.......…....…and there to release
him.

Given under my hand this………… day of…………. 20……

........……………........
Officer in Charge
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…...………… Prison
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Form E

ORDER UNDER SUBSECTION 2A(1)

RESTRICTED RESIDENCE ACT 1933

It is hereby ordered that…….......................................………………… now residing

at………………………shall be placed under police supervision for the term
of ………… months from this date, and, while under such supervision, shall
be subject to the restrictions hereunder specified, namely—
(a)
(b)
(c)
etc.

Dated this………… day of………. 20……

........……………........
Minister

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LAWS OF MALAYSIA

Act 377

RESTRICTED RESIDENCE ACT 1933

LIST OF AMENDMENTS

Amending law Short title In force from

F.M. Ord. 4/1948 Restricted Residence (Extended 06-03-1948

Application) Ordinance 1948

F.M. Ord. 13/1948 Restricted Residence (Amendment) 19-07-1948

Ordinance 1948

F.M. Ord. 70/1958 Restricted Residence (Amendment) 27-12-1958

Ordinance 1958

L.N. 132/1958 Federal Constitution (Modification 15-05-1958

of Laws) (Restricted Residence
Enactment) Order 1958

L.N. 278/1959 Federal Constitution (Modification 20-08-1959

of Laws) (Restricted Residence
Enactment) Order 1959

F.M. 81/1952 Prisons Ordinance 1952 01-07-1953

Act 56/1965 National Land Code 01-01-1966

Act 15 Sedition Act 1948 14-04-1970

P.U. (A) 264/1980 Modification of Laws (Restricted 19-09-1980

Residence) (Extension) Order 1980

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LAWS OF MALAYSIA

Act 377

RESTRICTED RESIDENCE ACT 1933

LIST OF SECTIONS AMENDED

Section Amending authority In force from

1A Act 56/1965 01-01-1966

P.U. (A) 264/1980 19-09-1980

2 Ord. 4/1948 06-03-1948

L.N. 132/1958 15-05-1958
L.N. 278/1959 20-08-1959
P.U. (A) 264/1980 19-09-1980

2A Ord. 13/1948 19-07-1948

L.N. 132/1958 15-05-1958
Ord. 70/1958 27-12-1958
L.N. 278/1959 20-08-1959
Act 15 14-04-1970

3 Ord. 13/1948 19-07-1948

F.M. 81/1952 01-07-1953
P.U. (A) 264/1980 19-09-1980

4 Ord. 13/1948 19-07-1948

5 Ord. 13/1948 19-07-1948

L.N. 132/1958 15-05-1958
Ord. 70/1958 27-12-1958
L.N. 278/1959 20-08-1959

6 Ord. 13/1948 19-07-1948

7 Ord. 13/1948 19-07-1948

8 Ord. 13/1948 19-07-1948

9 L.N. 132/1958 15-05-1958

L.N. 278/1959 20-08-1959

Schedule Form A L.N. 132/1958 15-05-1958

L.N. 278/1959 20-08-1959

Form B L.N. 132/1958 15-05-1958

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Section Amending authority In force from
Form C L.N. 132/1958 15-05-1958
L.N. 278/1959 20-08-1959
P.U. (A) 264/1980 19-09-1980

Form D L.N. 278/1959 20-08-1959

P.U. (A) 264/1980 19-09-1980

Form E L.N. 132/1958 15-05-1958

L.N. 278/1959 20-08-1959
Ord. 13/1948 19-07-1948

Throughout P.U. (A) 264/1980 19-09-1980

the Act

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