Public Order (Preservation) Act 1958

Public Order (Preservation) Act 1958 (Malay: Akta Ketenteraman Awam (Pemeliharaan) 1958) is a Malaysian law that governs the maintenance and restoration of public order in the event of civil disturbance or riot.

The Act allows the Minister of Home Affairs to declare any area in Malaysia as a "danger area". After an area has been declared as such, police would be granted with the powers to conduct search without warrant, road closure, ban assemblies, exclude persons from danger area, and impose curfew. The Home Minister is also empowered to recall licensed firearms and cut off telecommunication services in danger areas.^[2]

Under Section 3(1) of the Act, if the Home Minister is in the opinion that any area in Malaysia is seriously disturbed or is seriously threatened, and the minister considers it necessary for the maintenance or restoration of public order in the area, he can proclaim that a "state of danger to public order" exist in that area.^[2][3]

The effective period of the proclamation would only lasted for one month, and may be extended by up to one month at a time by the minister. However, such proclamation or extension can be annulled by a resolution passed by both houses of the Parliament.^[2][4][5]

The Home Minister may also delegate his proclamation and extension powers to the Chief Minister or Menteri Besar of each state,^[5][2] but the Home Minister still retains the principle power to proclaim a danger area on his own.^[2]

Once an area has been declared a danger area, the Chief Police Officer of a state or Officer in Charge of a Police District (OCPD) can order for the restriction, control and closure of roads and public places in the area under Section 4 of the Act. Senior police officers of or above the rank of sergeant may also give out the same orders under urgent circumstances, but must be confirmed by a Chief Police Officer or OCPD within 24 hours to have the orders remained valid.^[2][3][5]

To enforce these orders, police officers are empowered to erect barriers to prevent the passing of persons, either on foot or by vehicles, through the closed-off roads or public places. The police is also allowed to use necessary force to prevent intrusion, including the use of lethal weapons.^[2]

Under Section 5, the OCPD may order the complete or conditional ban of any assembly, meeting or procession of five or more persons in the danger area.^[5][2][3] Additionally, any police officers of or above the rank of sergeant can order any ongoing assembly in the danger area to disperse immediately. The police may also, if it's necessary for public security, use necessary force to disperse an assembly, including the use of lethal weapons.^[2][3]

In a proclaimed danger area, the Home Minister, Chief Police Officer, or the OCPD can impose curfew in any or all parts of the danger area and require every person to remain indoors within a specified hours,^[5][2] unless one has obtained a curfew permit from the minister of the police to remain outdoors during curfew period. Violation of the curfew order is punishable with up to 6 months imprisonment, or a RM500 fine, or both.^[2]

However, the Yang di-Pertuan Agong, Rulers, Yang di-Pertuan Negeri, and any police officers and military personnels on active duty are exempted from the curfew order. The Chief Police Officer or OCPD may also exempt a person or a group of persons from the curfew order.^[2]

Under Section 8, the police may order any or all person in the proclaimed area to be excluded from such area, or from any places or buildings situated within that area. If any person wish to enter or remain in the exclusion area, the police may conduct a search on such person. If a person failed to comply with the exclusion order or any accompanying instructions, the police may remove such person from the area.^[2][4][5]

Under Section 13, the police may also restrict the movement of a person in a proclaimed area, who has been involved with, or is likely to cause breach of peace; or is likely prejudicial to the maintenance or restoration of public order in the proclaimed area. This includes one's association with any other persons or organizations that may cause breach of peace or be prejudicial to public order; or due to his words or conducts.^[2][4] This section is mainly targeted at potential riot agitators.^[4]

The police is empowered to either exclude such a person from any or all parts of the proclaimed area; or to force such person to reside in a certain area (may be inside or outside the danger area); or to impose curfew order on him; or to order him to periodically report to the police; or to require him to enter into a good behaviour bond; or any combination of the above.^[2]

Under Section 9, the Minister may also order a telecommunication authority in the proclaimed area to partially or completely cut off the use of telecommunication services to specific group of persons or the entire public, notwithstanding any other written laws or agreements to the contrary.^[2]

• Freedom of assembly
• Freedom of movement
• Protest policing
• Public order crimes
• Public security
• Riot control
• State of emergency