Protected Areas and Protected Places Ordinance, 1959
PROTECTED AREAS AND PROTECTED PLACES ORDINANCE, 1959
An Ordinance to provide for protected areas and places.
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IT IS HEREBY ENACTED by the Yang di-Pertuan Agong with the advice and consent of the Legislative Council as follows:
Short title and commencement. 1. This Ordinance may be cited as the Protected Areas and Protected Places Ordinance, 1959, and shall come into force on a date to be appointed by the Minister by notification in the Gazette.
Interpretation. 2. In this Ordinance—
“authorised officer” means—
- (a) any police officer;
- (b) any person holding a commission in any of the Armed Forces of the Federation or in any local Force constituted under any written law or in any visiting forces lawfully present in the Federation;
- (c) any member of the Armed Forces of the Federation or of any local Force constituted under any written law or of any visiting forces lawfully present in the Federation performing the duties of a guard or sentry in any protected place or protected area in accordance with orders issued by a person holding a commission in any of the Armed Forces of the Federation or of any local Force constituted under any written law or of any visiting forces lawfully present in the Federation;
- (d) any person performing the duties of a guard or watchman in a protected place or a protected area and specially authorised in that behalf by a police officer under section 3;
“Minister” means the Minister charged with responsibility for internal security;
“protected area” means any area declared to be a protected area by virtue of the provisions of section 4;
“protected place” means any premises declared to be a protected place by virtue of the provisions of section 5.
Authorisation of guards and watchmen. 3. The Commissioner of Police, any Chief Police Officer and any police officer of or above the rank of Assistant Superintendent empowered in that behalf by the Commissioner of Police or a Chief Police Officer, may authorise any person performing the duties of a guard or watchman in a protected area or a protected place to exercise the powers of an authorised officer under this Ordinance.
Protected areas. 4. (1) If as respects any area it appears to the Minister to be necessary or expedient that special measures should be taken to control the movements and conduct of persons therein he may by order declare such area to be a protected area for the purposes of this Ordinance.
(2) Any person who is in any protected area shall comply with such directions for regulating his movement and conduct as may be given by an authorised officer, and an authorised officer may search any person entering, or seeking to enter, or being in, a protected area, and may detain any such person for the purpose of searching him.
(3) If any person whilst is a protected area fails to comply with any direction given under sub-section (2) then, without prejudice to any proceedings which may be taken against him, he may be removed from the area by an authorised officer.
Protected places. 5. (1) If as respects any premises it appears to the Minister to be necessary or expedient that special precautions should be taken to prevent the entry therein of unauthorised persons he may by order declare such premises to be a protected place for the purposes of this Ordinance; and so long as the order is in force no person shall be in those premises unless he is in possession of a pass-card or permit issued by such authority or person as may be specified in the order, or has received the permission of an authorised officer on duty at those premises to enter the same.
(2) Where, in pursuance of this section, any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his conduct as may be given by the authority or person granting the permission; and an authorised officer, or any person authorised in that behalf by the occupier of the premises, may search any person entering, or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him.
(3) If any person is in a protected place in contravention of this section, or while in such a place fails to comply with any direction given under this section, then, without prejudice to any proceedings which may be taken against him, he may be removed from the place by an authorised officer or any person authorised in that behalf by the occupier of the premises.
(4) Pass-cards or permits issued under sub-section (1) of this section shall be in such form as may be specified in the order made thereunder, or in such form as the authority or other person specified in such order may determine.
Notice of orders under sections 4 and 5. 6. When any order is made under sub-section (1) of section 4 or sub-section (1) of section 5 the Minister shall cause notice of the effect of such order to be given in such a manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof; and such order shall, notwithstanding the provisions of sub-section (1) of section 22 of the M.U. 7 of 1948.Interpretation and General Clauses Ordinance, 1948, have effect as soon as such notice has been given, without publication in the Gazette.
Penalty. 7. If any person contravenes or fails to comply with any of the provisions of section 4 or 5 or any order made thereunder or any direction given or requirement imposed thereunder he shall be guilty of an offence against this Ordinance and shall be liable to imprisonment for a term of two years or to a fine of one thousand dollars, or to both such imprisonment and fine.
Offences seizable and non-bailable. 8. Every offence against the provisions of this Ordinance shall be seizable and non-bailable for the purposes of the law for the time being in force relating to criminal procedure.
Special powers in protected areas and protected places. 9. Any person who attempts to enter or who is in a protected area or a protected place and who fails to stop after being challenged three times by an authorised officer so to do may be arrested by force, which force may if necessary to effect the arrest extend to the voluntary causing of death.
Defensive measures at protected areas and protected places. 10. (1) It shall be lawful for the Minister to authorise the taking of such steps as he may deem necessary for the protection of any protected area or protected place, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any person entering or attempting to enter a protected area or protected place.
(2) Where any measures such as are referred to in sub-section (1) are adopted the Commissioner of Police or the Chief Police Officer of the $tate in which such protected area or protected place is situate, or any person so authorised by the Minister in that behalf, shall cause such precautions to be taken, including the prominent display of warning notices, as he deems reasonably necessary to prevent inadvertent or accidental entry into any such protected area or protected place; and, where such precautions have been duly taken, no person shall be entitled to compensation or damages in respect of any injuries received or death caused as a result of any unauthorised entry into any such protected area or protected place.
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