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LAWS OF MALAYSIA

Act 537

PRISON ACT 1995

LAWS OF MALAYSIA

Act 537

PRISON ACT 1995

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title and commencement.2. Interpretation.

PART II

CONSTITUTION AND ADMINISTRATION

3. Power to declare prisons.4. Exist ing buildings declared prisons.5. Description of prison in writs, etc.6. Appropriation of prisons to categories of prisoners.7. Appointment of lock-ups at police stations and court houses

as places of detention.8. Temporary prisons.9. Administration of prisons.

PART III

OFFICERS

10. Appointment of officers.11. Absence or incapacity of Director General.12. Director General's Standing Orders.13. Duties of Director General.14. Medical Officer and Dental Officer for prisons.15. Duties of Medical Officer and Dental Officer.16. Terms and conditions of appointment.17. Duties of prison officers.18. Weapons, accoutrements, etc.

3

4 Laws of Malaysia ACT 537Section

19. Service in Malaysia or on board vessel, aircraft, etc.20. Observance of written laws and Iawful orders.21. Prison officers deemed public servants.22. Use of weapons.23. Prison officers to have powers of police officers.24. Assistance of the police in times of emergency.25. Prison officers not to be members of trade unions.

PART IVCUSTODY AND REMOVAL OF PRISONERS

26. Custody.27. Delivery of persons arrested on warrant.28. Delivery of persons on remand.29. Officer-in-Charge to delain persons committed.30. Production before the court.31. Power of Director General to order production in certain

cases.32. Removal and transfer of prisoners.33. Transfer of prisoners under sentence of dealh.34. Orders relating to transferred prisoners.35. Evidence.36. Mentally disordered prisoner.37. lllness of prisoner.38. Return to prison.39. Liability for escape.40. Duty to assist in preventing escape.41. Special cuslody in hospital.42. Removal vessel.43. Release of prisoners on licence.44. Remission of senlence.45. Discharge of prisoners.46. Saving powers of ihe High Court.

PART V

EMPLOYMENT AND PRISON DISCIPLINE

47. Effect of sentence of imprisonment.48. Scheme for prisoners to engage in employment.

Prison

Section49. Segregation of prisoners.50. Punishment of prison offences by Officer-in-Charge.51. Register of punishments.52. Prisoner may make his defence.53. Prosecution for offences.

PART VI

OFFENCES

54. Offences concerning prison supplies.55. Payment of money forbidden.56. Delivery of uniform, etc. on leaving.57. Unlawful possession, sale or supply of articles supplied to

prison officers, etc.58. Smuggling of prohibited articles into prison.59. General penalty.

PART VII

PRISON OFFICERS REWARD FUND

60. Prison Officers' Reward Fund.61. Application of Fund.62. Administration of Fund.

PART V I I I

GENERAL

63. Prison officcrs subject to discipl inary regulations.64. Appointment of Visit ing Justices .65. Duties of Visiting Justices.66. Visits by Judges, Magistrates, etc.67. Regulations.68. Repeal, saving and transidonal provisions.

F l R S T SCHEDULE-

SECOND SCHEDULE.

THIRD SCHEDULE.

5

7

Short tilleandcommence-ment.

Interpreta-tion.

Act 206.

LAWS OF MALAYSIA

Act 537

PRISON ACT 1995

An Act to consolidate and amend the laws relating toprisons, prisoners and related matters.

[ ]

BE IT ENACTED by the Seri Paduka Baginda Yangdi-Pertuan Agong with the advice and consent of theDewan Negara and Dewan Rakyat in Parl iamentassembled, and by the authority of the same, as follows:

PART IPRELIMINARY

1. This Act may be cited as the Prison Act 1995 andshall come into force on such date as the Minister may,by notification in the Gazette, appoint.

2. (1) In this Act, unless the context otherwise requ i res -

"arm" has the meaning assigned thereto under the ArmsAct 1960;

"Commission" means the Public Sendces Commissionestablished under Article 139 of the Pederal Constitution;

"Committee" means the Prison Officers' Reward FundCommittee established under section 62;

"competent authority" means any person or authorityvested with the power to commit a person to prison underany written law;

8

FM. Ord.31/1952.

SarawakOrd.16/1961.SabahCap. 74.

Laws of Malaysia ACT 537

"court" means a court established by or under Part IXof the Pederal Constitution and shall i nc lude -

(a) Syariah Courts;(b) Native Courts; and(c) Military Courts;

"Director General" and "Deputy Director General" meanthe Director General of Prison and the Deputy DirectorGeneral of Prison appointed under section 10;

"Director General's Standing Orders" means theStanding Orders issued from time to time by the DirectorGeneral of Prison;

"Fund" means the Prison Officers' Reward Fundestablished under section 60;

"Junior Prison Officer" means a prison officer of anyrank from and including a Prison Sub-Inspector downto and including a Warder;

"Medical Officer" and "Dental Officer" mean theMedical Officer or Dental Officer, as the case may be,appointed under section 14;

"mental hospital" means a hospital established for thereception and detention of mentally disordered personsunder section 30 of the Mental Disorders Ordinance 1952,and includes an approved hospital gazetted under theMental Health Ordinance 1961 and an asylum under theLunatics Ordinance 1961;

"Minister" means the Minister charged with theresponsibility for prisons;

"minor prison offence" and "aggravated prison offence"mean an offence committed by a prisoner against prisondiscipline and so specified in regulations made underthis Act;

"Officer-in-Charge" means a prison officer not belowthe rank of Prison Inspector who is in charge of a prison;

9

Act 344.

Act 51.

Act 50.

Prison

"place of work" means a place where prisoners arerequired by the Director General to work for purposesof rehabilitation of prisoners, such work being performedunder the supendsion of prison officers;

"police officer" has the meaning assigned thereto underthe Police Act 1967;

"prescribed" means prescribed by or under this Actand where the authority is not specified, by the Minister;

"prescribed restricted diet" means a scale of diet asmay be prescribed from time to time for the purposesof section 50;

"prison" means any house, building, enclosure or place,or any part thereof, declared to be a prison under section3 and shall include the grounds and buildings within theprison enclosure and also the airing grounds or othergrounds or buildings belonging or attached thereto andused by prisoners;

"prison officer" rneans a uniformed staff of the prisondepartment from and including the rank of Director Generalof Prison down to and including a Warder;

"prisoner" means a person, whether convicted or not,under confinement in a prison;

"registered dentist" means a dentist registered underthe Dental Act 1971;

"'registered medical practitioner" means a medicalpractitioner provisionally registered under section 12 orfully registered under section 14 of the Medical Act 1971,as the case may be;

"Registrar" includes the Chief Registrar, DeputyRegistrar, Senior Assistant Registrar, Assistant Registrar,and the Registrar of the Subordinate Courts, as the casemay require;

10

Power todeclareprisons.

Exist ingbuildingsdeclaredprisons.


"sentence of imprisonment" means a sentence involvingconfinement in a prison, and includes an original sentencepassed by a court as well as a sentence awarded by wayof commutation;

"Visiting Justice" means a member of the Board ofVisiting Justices appointed under section 64;

"weapon" means any staves, arms, ammunition, andincludes any instrument as may be determined by theDirector General;

"young prisoner" means a prisoner who is below twenty-one years of age.

(2) For the purpose of the defmition of "young prisoner"in subsection (1), it shall include a prisoner w h o -

(a) is not a young prisoner as defined under theOrdinances repealed by this Act;

(b) is below twenty-one years of age; and

(c) is serving a term of imprisonment passed beforethe coming into force of this Act.

PART II

CONSTITUTION AND ADMINISTRATION

3. The Minister may, by notification in the Gazette,declare any house, building, enclosure or place, or anypart thereof, to be a prison for the purposes of this Actfor the imprisonment or detention of persons lawfully incustody and may in like manner declare that any suchprison shall cease to be a prison for the purposes of thisAct.

4. Subject to any declaration made under this Act, thebuildings which at the commencement of this Act arein use as prisons shall be deemed to be prisons wi thinthe meaning of this Act.

11Descriptionof prison inwrite, etc.

Appro-priation ofprisons tocategories ofprisoners.

Appointmentof lock-upsat policestations andcourt housesis places of

detention.

Act 7.

Prison

5. In any writ, warrant, or other legal instrument inwhich it may be necessary to describe a particular prison,any description designating a prison by reference to thename of the place or town where it is situated, or otherdefinite description, shall be valid and sufficient for allpurposes.

6. (1) The Director General may, from time to time, byo r d e r -

(a) appropriate certain pr isons-

(i) for effecting the separation of differentcategories of prisoners;

(ii) for the training of different categoriesof prisoners; or

(iii) for any other reason;

(b) limit the categories of prisoners in certainprisons.

(2) A prisoner of the category for which a prison isto be designated may be l awfu l ly conveyed to andimprisoned in that prison despite the warrant or orderfor the imprisonment of that prisoner shall have beenissued by a court not having its ordinary jurisdiction inthe place where the prison is situated.

7. (1) It shall be lawfu! for the Minister, by notificationin the Gazette, to appoint lock-ups at such police stationsand court houses as may be specified in the notificationto be places for the confinement of persons, remandedor sentenced to such terms of imprisonment, not exceedingone month, as may be specified in each case.

(2) A lock-up appointed as a place of confinementunder subsection ( 1 ) -

(a) shal l not be deemed to be a prison for thepurposes of this Act, or of the Registration ofCriminals and Undesirable Persons Act 1969

12

P.M.S.Cap. 6.Act 256.

Temporaryprisons.


and regulations made under this Act shall notapply thereto;

(b) shall be deemed to be a prison for the purposesof Chapter XXVII of the Criminal ProcedureCode or of the Debtors Act 1957.

8. (1) Whenever it appears to the Director Genera l -

(a) that the number of prisoners in a prison is greaterthan can be reasonably kept in the prison andthat it is not convenient to transfer the excessnumber to another prison; or

(b) that by reason of an outbreak within a prisonof a disease or for any other reason which rendersit necessary to provide for the temporary shelterand safe custody of any prisoner,

he may, with the approval of the Minister, direct in writingfor the shelter and safe custody in temporary prisons ofso many of the prisoners as cannot be conveniently orsafely kept in the prison.

(2) A temporary prison under subsection (1) shall bea prison for the purposes of this Act.

(3) Any prisoner removed to a temporary prison undersubsection (1) shall, when the reason for the removalhas ceased, be returned to the prison from where he wasremoved if his term of imprisonment has not expired.

(4) The direction or order made or given by the DirectorGeneral under subsection (1) shall be for a period notexceeding three months.

(5) Despite subsection (4), the duration of any directionor order made under subsection (1) may, with the approvalof the Minister, be extended for further periods notexceeding three months at any one time and suchextensions shall not in any evem exceed a total periodof nine months.

13

Adminis-tration ofprisons.

Appoint-ment ofofficers.

Absence orincapacity ofDirectorGeneral.

DirectorGeneral'sStandingOrders.

Prison

9. (1) Subject to the provisions of the Federal Constitutionrelating to the jurisdiction, power and functions of theCommission and the orders of the Minister made underthis Act, the general charge and administration of prisonsand the control and direction of prison officers throughoutMalaysia shall be vested in the Director General.

(2) The Director General may from time to time makesuch transfers and direct the employment and distributionof prison officers as he may think fit.

PART III

OFFICERS

10. (1) The Yang di-Pertuan Agong may appoint aDirector General of Prison for Malaysia.

(2) There shall be appointed a Deputy Director General,who shall be a prison officer, and such number of prisonofficers as may be necessary for carrying out the provisionsof this Act.

(3) The ranks of Senior Prison Officers and JuniorPrison Officers are as set out in the First Schedule.

11. (1) In the absence or incapacity of the DirectorGeneral, the powers and duties of the Director Generalunder this Act or any regulations made thereunder maybe exercised and performed by the Deputy DirectorGeneral.

(2) In the absence or incapacity of the Deputy DirectorGeneral, the powers and duties of the Director Generalshall be exercised and performed by the prison officernext senior in the prison department.

12. The Director General may make and issue orders,to be called Director Generals Standing Orders notinconsistent with this Act or of any regulations madeunder the Act.

14

Duties ofDirectorGeneral.


13. (1) The Director General sha l l -(a) periodically visit and inspect, or cause to be

visited and inspected, all prisons in Malaysia;(b) supervise and control all matters in connection

with any prison, the administration of which isvested in him; and

(c) be responsible to the Minister f o r -

(i) the conduct and treatment of the prisonofficers and prisoners under his control;and

(ii) the due observance by prison officers andprisoners of the provisions of this Actand of all other written laws relating toprisons or prisoners.

(2) Subject to the orders of the Director General, theOfficer-in-Charge s h a l l -

(a) supendse and control all matters in connectionwith any prison, the administration of which isvested in him; and

(b) be responsible to the Director General f o r -

(i) the conduct and treatment of the prisonofficers and prisoners under his control;and

(ii) the due observance by prison officers andprisoners of the provisions of this Actand of all other written laws relating toprisons or prisoners.

(3) The Director General may, in writing, delegatethe exercise of any of his powers or the performance ofany of his duties under this Act to any prison o f f i c e r -

(a) subject to such conditions or restrictions as theDirector General may think fit; and

(b) save in matters relating to transfer of prisonofficers, the making and issuance of Standing

15

MedicalOfficer andDenialOfficer forprisons.

Duties ofMedicalOfficer andDentalOfficer.

Ternis andcondilions ofappoinimcnt.

Dulies ofprisonofficers.

Wcapons,accowre-menis, etc.

Prison

Orders, and any functions delegated to theDirector General by the Commission pursuantto Article 144(6) of the Federal Constitution.

14. (1) The Minister charged with the responstbility forhealth services shall, whenever the circumstances permit,appoint from the staff of the Ministry of Health a MedicalOfficer and a Dental Officer for each of the prisons.

(2) If the circumstances do not permit an appointmentunder subsection (1), the Minister charged with theresponsibility for health services may appoint anyregistered medical practitioner or any registered dentistto be the Medical Officer or Dental Officer of anyparticular prison.

(3) The Officer-in-Charge shall arrange with theMinistry of Health or the local department of health forthe performance of the duties of a Medical Officer orDental Officer by another person where the MedicalOfficer or Dental Officer is unable to perform his dutieso w i n g -

(a) to illness;(b) to temporary absence; or(c) for any other reason.

15. A Medical Officer and a Dental Officer appointedunder section 14 shall be under the control and supervisionof the Director General whilst in prison and shall performsuch duties as may be prescribed.

16. A prison officer appointed under this Act shall besubject to the terms and conditions of service applicableto him on his date of appointment.

17. A prison officer shall perform such duties as maybe prescribed.

18. A prison officer shall be provided with such weapons,equipment, uniform and other accoutrements as may beprescribed by the Director General as necessary for theefficient performance of his duties.

16

Service inMalaysia oron boardvessel,aircrafl, etc.

Observanceof writtenlaws andlawfulorders.

Prisonofficersdeemedpublicservants.F.M.S.Cap. 45.

Use ofweapons.


19. A prison officer shall be bound to serve in any partof Malaysia or on board any vessel, aircraft, train or anyother vehicle in which prisoners are being transported.

20. A prison officer shall conform strictly to all lawsand regulations retating to prisons and prisoners, andshall obey all lawful orders of his superior officers whethergiven verba!ly or in writing or issued in the form ofDirector General's Standing Orders.

21. The Director General, Medical Officers, DentalOfficers and prison officers appointed under this Act orany regulations made under the Act shall be deemed tobe public servants within the meaning of the Penal Code.

22. (1) Subject to subsection (2), a prison officer mayuse weapons against a p r i sone r -

(a) escaping or attempting to escape and where theprison officer has reasonable grounds to believethat he cannot otherwise prevent the escape orattempt to escape;

(b) engaged i n -(i) a combined outbreak; or

(ii) an attempt to force or break open theoutside door, gate or enclosure wall ofthe prison; or

(c) using violence on a person and where the prisonofficer has reasonable grounds to believe thatthe person is in danger of life or l imb, or thatother grievous hurt is likely to be caused to theperson.

(2) A prison officer shall give a warning to a prisonerthat he is about to fire on him before using arms in thecircumstances mentioned in subsection (1).

(3) No prison officer shall, in the presence of hissuperior officer, use arms against a prisoner in the case

17

Prisonofficers tohave powersof policeofficers.

Assistance ofthe police intimes ofemergency.

Prisonofficers notto bemembers oftrade unions.

Prison

of an outbreak or attempt to escape except under theorders of the superior officer:

Provided that the prison officer may use arms incircumstances where it is not reasonably practicable toobtain the order of the superior officer and that suchcircumstances are furnished to the superior officer.

(4) The use of weapons under this section shall be,as far as possible, to disable and not to kill.

(5) A police officer whilst in the capacity of an escortguard or of a guard in or about a prison or lock-up forthe purpose of ensuring the safe custody of a prisonershall be subject to the provisions of this section.

23. Subject to any express provision to the contrary, aprison officer while acting as such shall have by virtueof his office all the powers, authority, protection andprivileges of a police officer.

24. (1) The Director General may, in an emergency orin the interest of public safety, request the assistance ofthe Royal Malaysia Police.

(2) Police officers deployed under subsection (1) shallbe headed by a senior police officer and all such policeofficers shall be under the control and supervision of theDirector General or any other prison officer speciallyauthorised for that purpose.

25. (1) For the purpose of enabling prison officers toconsider and bring to the notice of the Government allmatters affecting their welfare or efficiency, includingpay, pensions and condi t ions of service, other thanquestions of discipline and promotion affecting individuals,there may be established an association which shall operateand be administered in accordance with regulations madeby the Minister.

18

Act 262,

Act 335.

F.M. Ord,8111952.

Custody.


(2) An association established under subsection (1)shall be entirely independent of and be unassociated withany body of persons outside the prison department andshail be deemed not to be a trade union within the meaningof the Trade Unions Act 1959, and shall be exempt fromthe provisions of the Societies Act 1966.

(3) Subject to subsections (1) and (2), no prison officershall become a member of any trade union or of anyassociation having for its objects or as one of its objectsthe control or influencing of the pay, pensions or conditionsof service of prison officers.

(4) A prison officer who contravenes subsection (3)shall be guilty of an offence and shall, on conviction,be liable to a fine not exceeding one thousand ringgit.

(5) Any question as to whether a body is a trade unionor an association to which this section applies shall bedetermined by the Minister.

(6) An association established prior to the coming intoforce of this Act under section 27A of the PrisonsOrdinance 1952, shall be deemed to be an associationestablished under subsection (1) until the association isdissolved.

PART IV

CUSTODY AND REMOVAL OF PRISONERS

26. (1) A p r i s o n e r -

(a) confined in a prison shall be deemed to be inthe lawful custody of the Officer-in-Charge ofthe prison;

(b) shall be subject to prison discipline and to allwritten laws relating to prisons or prisoners andto the Director General's Standing Orders duringthe period of his imprisonment, whether or nothe is within the precincts of a prison; and

19

Delivery ofpersonsarrested onwarranl.

Delivery ofpersons onremand.

Prison

(c) while in the custody or under the control of aprison o f f i c e r -

(i) when being taken to or from a prison;

(ii) whenever he is working outside a prison;or

(iii) is otherwise beyond the limits of theprison,

shall be deemed to be in prison and shall be subjectto all the same incidents as if he were actualiy inprison.

(2) Where a prisoner has escaped from lawful custody,the period during which he is at large shall not be reckonedas part of the sentence he was undergoing at the timeof his escape.

27. (1) A person arrested under a warrant or an orderof a court having civil or criminal jurisdiction shall bebrought before the court by which the warrant or orderwas issued.

(2) If the court under subsection (1) is not then sit t ing,the person shall be delivered to an Officer-in-Charge forintermediate custody.

(3) The Officer-in-Charge shall cause the person tobe brought before (hat court at its next s i t t ing in orderthat the person may be dealt with according to law.

28. (1) A person charged with a crime or offence andremanded to a prison by a court or competent authorityshall be delivered to the Officer-in-Charge of the prisontogether with a warrant of remand.

(2) The Officer-in-Charge s h a l l -(a) detain and cause to be delivered to the court

or competem authority; or(h) discharge,

20

Officer-in-Charge todetainpersonscommitted.

Productionbefore thecourt.

Power ofDirectorGeneral toorderproduction incertatn cases.


the person delivered under subsection (1) according tothe terms of the warrant.

29. An Officer-in-Charge shall keep and detain a personduly committed to his custody by a court or competentauthority according to the terms of the warrant or orderby which the person has been committed or until theperson is discharged by due course of law.

30. (1) Whenever the presence of a prisoner is requiredin a court having civil or criminal jurisdiction, the courtmay issue an order in the prescribed form addressed tothe Officer-in-Charge requiring for the production of thatprisoner at the time and place to be named in the order.

(2) Upon receipt of the order, the Officer-in-Chargeshall cause the prisoner named in the order to be broughtup as directed and shall provide for his safe custodyduring his absence from prison.

(3) In the event of an adjournment of the matter inwhich the presence of the prisoner is required, the courtmay, by endorsement on the order, require the prisonerto be again brought up at the time and place named inthe order.

(4) An order issued from the Federal Court, Court ofAppeal or the High Court may be signed by the Registrarof the Court, and if issued by any other court shall besigned by the Sessions Court Judge, Magistrate, Registraror such other presiding officer, as the case may be.

31. (1) The Director G e n e r a l -

(a) may, being satisfied that there are reasonablegrounds requiring the presence of a prisoner atany place in Malaysia; or

(b) shall, where the presence of a prisoner is requiredfor the purpose of any public inquiry,

by order in writing, direct that the prisoner be taken tothat place.

21

Removaland transferof prisoners.

Transfer ofprisonersundersentence ofdeath.

Ordersrelating totransferredprisoners.

Evidence.

Prison

(2) A prisoner taken from a prison under subsection(1) shall, whilst outside that prison, be kept in such custodyas the Director General may, by order in writing, direct,and whilst in that custody shall be deemed to be in lawfulcustody.

32. (1) The Director General may, by order in writing,remove or transfer all or any prisoners confined in aprison to any other prison.

(2) No prisoner removed under subsection (1) whilein the custody. of a prison officer shall be deemed tohave escaped although he may be taken into differentjurisdictions or to different places of confinement.

(3) For purposes of this section, it shall not benecessary in the order to identify a prisoner by name,but it shall be sufficient to describe the prisoner byreference to his nationality or sentence or by some otherlike general description.

33. A prisoner under sentence of death which the Yangdi-Pertuan Agong, Ruler or Yang di-Pertua Negeri hasordered to be carried out may, by order of the DirectorGeneral, be transferred to any other prison, there to undergohis sentence.

34. An order relating to the sentence of a prisonertransferred under section 32 or 33 shall have effect asif the order were directed to the Officer-in-Charge ofthe prison to which the prisoner is corveyed.

35. (1) An order or a warrant made or issued by theMinister or the Director General pursuant to this Acts h a l l -

(a) be received in evidence in all courts withoutfurther proof; and

(b) be evid«nce of the facts therein stated.

(2) An act done pursuant to an order or a warrantmade or issued under subsection (1) shall be deemed tohave been authorised by law.

22

Mentallydisorderedprisoner.

F.M. Ord.31/1952.


36. (1) Where a prisoner undergoing a sentence ofimprisonment or sentenced to death appears to the DirectorGeneral on the certification of the Medical Officer to bementally disordered, the Director General shall, by orderin writing, direct that the prisoner be removed to, keptand treated at a mental hospital or other fit place of safecustody in Malaysia and there to be kept and treated asthe Director General directs.

(2) An order issued under subsection (1) shall be anauthority for the reception of the prisoner and for hisdetention in the mental hospital or other fit place inMalaysia until removed or discharged as hereinafterprovided.

(3) Where a prisoner detained in a mental hospitalunder subsection (1) is, in the opinion of the medicalofficer of the mental hospital, no longer mentallydisordered, the medical officer shall report accordinglyto the Director General.

(4) Upon receipt of the report, the Director Generalshall, by order in w r i t i n g -

(a) direct the return of the prisoner to the prisonfrom where he was removed or to any otherprison if his term of imprisonment has notexpired; or

(b) direct the prisoner to be discharged if his termof imprisonment has expired.

(5) Where a prisoner detained under subsection (1)is, in the opinion of the medical officer of the mentalhospital, st i l l mentally disordered and the term ofimprisonment to which the prisoner has been sentencedhas e x p i r e d -

(a) in the case of West Malaysia, section 46 of theMental Disorders Ordinance 1952 shall applyto the prisoner as if he were detained inaccordance with a certificate given under section42 of the Ordinance;

23

Sabah Ord.711956.

SarawakCap. 24.

lllness ofprisoner.

Return loprison.

Prison

(b) in the case of the Federal Territory of Labuan,as the need may arise, such provisions of theMental Ordinance 1952 as may be extended tothe Federal Territory of Labuan by the Yangdi-Pertuan Agong, shall apply;

(c) in the case of Sabah, subsections 70(4) to (14)of the Prisons Ordinance shall apply; and

(d) in the case of Sarawak, subsections 34(4) to(14) of the Prisons Ordinance shall apply.

(6) The time occupied in effecting any removal underthis section and the period during which the prisoner isdetained in a mental hospital shall be reckoned as partof the term of imprisonment.

37. (1) In case of serious illness of a prisoner confinedin a prison in which there are inadequate facilities forthe treatment of that prisoner, the Officer-in-Charge may,on the certificate of a Medical Officer, make an orderfor the removal pf the prisoner to a government hospital.

(2) Where, a prisoner removed under subsection (1)is, in the opinion of the medical officer of the hospital,still necessary for the prisoner to remain in the hospital,the medical officer shall, at the end of each month, transmita certificate stating that fact to the Officer-in-Charge ofthe prison from where the prisoner was removed.

38. (1) Where a prisoner removed to a hospital undersection 37 is, in the opinion of the medicai officer ofthe hospital, no longer necessary for the prisoner to remainat the hospital, the medical officer shall transmit acertificate stating that fact to the Officer-in-Charge ofthe prison from where the prisoner was removed.

(2) On receipt of the certificate referred to in subsection(1), the Officer-in-Charge shall cause the prisoner to bebrought back to the prison, if he is still liable to beconfined in the prison.

24

Liabilityfor escape.

Duty toassist inpreventingescape.

Specialcustody inhospi ta l


39. If a prisoner shall escape during the time he is ina hospital, no prison officer shall be liable for the escapeunless the prisoner has been specifically placed in thecustody of the prison officer.

40. (1) It shall be the duty of the medical officers ofthe hospital to which a prisoner has been removed undersection 37 to lend all assistance in order to ensure thatthe necessary precautions for preventing the escape ofthe prisoner under treatment in the hospital have beentaken.

(2) It shall be lawful for the medical officers insubsection (1) to take such measures for preventing theescape of the prisoner as shall be necessary:

Provided that no measures for preventing the escapeof a prisoner shall be taken which, in the opinion of themedical officers, is likely to be prejudicial to the healthof the prisoner.

41. Where from the gravity of the offence for which aprisoner may be in custody or for any other reason, theOfficer-in-Charge considers it desirable to take specialmeasures for the security of a prisoner whi le undertreatment in a hospital, the Officer-in-Charge may, inthe event of there being no prison officer available, placethe prisoner into the charge of two or more fit and properpersons, one of whom shall be with the prisoner at a l lt i m e s , -

(a) who shall be vested with full power and authorityto do all things necessary to prevent the prisonerfrom escaping; and

(b) who shall be answerable for the safe custodyof the p r i s o n e r -

(i) until such time as the prisoner is handedover to a prison officer on his dischargefrom the hospital; or

25

Removalvessel.

Release ofprisoners onlicence.

Prison

(ii) until such time as the term of imprisonmentof the prisoner expires,

whichever may first occur.

42. (1) Where it is necessary for the purposes of thisPart to remove any prisoner out of Malaysia by sea orby air, he shall be removed in a vessel or aircraft to beappointed for the purpose by the Director General.

(2) The time .occupied in effecting any removal shallbe reckoned as part of the term of imprisonment.

43. (1) Subject to any regulations made by the Minister,the Director General may, at any time if he thinks fit,release on licence and on such conditions as may bespecified in the licence, a prisoner serving a concurrentor consecutive term of imprisonment of not less thanfour years.

(2) The Director General may, at any t i m e , -

(a) modify or cancel the conditions referred to insubsection (1); or

(b) by order, recall to prison a prisoner releasedon licence under subsection (1) but withoutprejudice to the power of the Director Generalto release the prisoner on licence again.

(3) Where a prisoner is recalled under paragraph (b)of subsection (2), his licence shall cease to have effectand he shall, if at large, be deemed to be unlawfully atlarge and shall, on conviction, be liable to a fine notexceeding two thousand ringgit or to a term ofimprisonment not exceeding two years or to both.

(4) A prisoner who fails to comply with any conditionof the licence issued to him under subsection (1) shall,on conviction, be liable to a fine not exceeding twothousand ringgit or to a term of imprisonment notexceeding two years or to both.

26

Remissionof sentence.

Dischargeof prisoners.


44. (1) With a view to encouraging good conduct andindustry and to facilitate reformative treatment, a prisonersentenced to imprisonment of more than one month, shallbe entitled to be granted a remission of his sentence,

(2) All or any part of the remission for which a prisonermay be entitled may, on commission of an offence undersection 50, be cancelled by the Director General:

Provided that in no case shall any forfeiture exceedthe amount of remission earned at the time of commissionof the offence.

(3) The Director General may restore to a prisoner allor any part of a remission which the prisoner has forfeitedduring his sentence.

(4) A prisoner who is awarded a remission of part ofhis sentence shall be discharged upon the expiration ofso much of his sentence as shali remain after deductingfrom it such part.

45. (1) An Officer-in-Charge shall be responsible forthe due discharge of a prisoner immediately upon hisbecoming entitled to release, whether b y -

(a) the expiration of his term of sentence;

(b) payment of fine;

(c) pardon;

(d) commutation; or

(e) remission of sentence.

(2) Subject to the approval of the Director Generaland at the expense of the Government, a prisoner dulydischarged from prison in accordance with this sectionmay be returned to the place where the prisoner ordinarilyresides.

27

Savingpowers ofthe HighCourt.

F.M.S.Cap. 6.

Effect ofsentence ofimprison-ment.

Scheme forprisoners loengage inemployment.

Prison

46. Nothing in this Act shall be held to lessen or affectthe powers of the Judges of the High Court to directpersons confined in any prison to be brought before theCourt under the provisions of Chapter XXXVI of theCriminal Procedure Code.

PART V

EMPLOYMENT AND PRISON DISCIPLINE

47. (1) A sentence of imprisonment passed or to be passedupon a prisoner shall subject the prisoner during theterm of his sen tence-

(a) to be imprisoned; and

(b) to work at such labour as may be directed bythe Officer-in-Charge and, so far as is practicable,such labour shall take p l a c e -

(i) in association;(ii) outside cell;

(iii) outs ide the l imi ts of the prison asapproved by the Director General.

(2) The Medical Officer may certify a prisoner a s -(a) unfit and recommend that the prisoner be excused

from labour; or

(b) fit only to perform light labour.

(3) A prisoner under subsection (2) shall only berequired to work on any labour prescribed as light labour.

48. (1) For the purpose of enabling prisoners, other thanthe prisoners referred to in section 49, to take up gainfulemployment whilst they are serving their sentences,the Minis te r may introduce a scheme and suchprisoners may upon their own election participate in thescheme.

28

Segregationof prisoners.

Punishmentof prisonoffences byOfficer-in-Charge.


(2) A prisoner taking up employment under a schemereferred to in subsection ( 1 ) -

(a) may, despite an order made by a court for thecommittal of the prisoner, be taken daily beyondthe limits of the prison to perform work; and

(b) shall, at all times be deemed to be in prisonand subject to all the same incidents as if hewere actually in prison.

49. (1) A prisoner-(a) confined under civil process;(b) on remand charged with a crime or an offence;(c) committed to take his trial; or(d) confined for want of sureties,

shall not ordinarily be associated with prisoners servingtheir sentences of imprisonment or be required to labourbeyond such labour as is reasonably proper for keepinghis person and dress in a proper state and keeping theplace in which he is confined clean.

(2) Where a prisoner under subsection (1) elects tobe employed during the period he is confined, he shallreceive payment for the employment at such rates asmay, from time to time, be prescribed.

(3) A young prisoner shall, so far as local conditionspermit, be kept apart from adults under detention.

(4) Where it appears to. the Officer-in-Charge that itis desirable for the good order and discipline of a prisonor for any other reason that a prisoner be segregated, itshall be Iawful for the officer to order the segregationof the prisoner for such period as he may considernecessary.

50. (1) An Officer-in-Charge may punish a prisoner foundafter due inquiry to be guil ty of a minor prison offenceby ordering him to undergo one or more of the followingpunishments:

(a) reprimand;

29

Register ofpunishments.

Prisonermay makehis defence.

Prison

(b) reduction in stage;(c) postponement of promotion in stage;(d) forfeiture of privileges;(e) removal from the earnings scheme;(f) reduction in earnings grade;(g) forfeiture of remission not exceeding such

amount as may be prescribed;(h) separate confinement in a cell on the prescribed

restricted diet for a term not exceeding suchperiod as may be prescribed.

(2) The punishments referred to in paragraphs (b) to(f) of subsection (1) shall be for such period as may beprescribed.

(3) Where an Officer-in-Charge finds a prisoner afterdue inquiry to be guilty of an aggravated prison offence,the Officer-in-Charge may punish the prisoner by orderinghim to undergo one or more of the punishments listedin subsection (1) or in addition to or in lieu thereof,impose corporal punishment with a rattan, not exceedingsuch number of strokes as may be prescribed:

Provided that any corporal punishment ordered shallbe subject to confirmation by the Minister.

51. The Officer-in-Charge shall enter in a register tobe open to the inspection of the Visiting Justices a recordof the punishments imposed by him upon prisonersshowing, in respect of each prisoner punished, the nameof the prisoner, the nature of his offence and the extentof his punishment.

52. No prisoner shall be punished until he has had ano p p o r t u n i t y -

(a) of hearing the charge or complaint against himand the evidence in support thereof; and

(b) of making his. defence and calling of evidencein support thereof.

30

Prosecutionfor offences.

Offencesconcerningprisonsupplies.


53. Nothing in this Act shall be construed so as to exemptany prisoner from being proceeded against for any offenceby the ordinary course of law, but no prisoner shall bepunished twice for the same offence.

PART VIOFFENCES

54. (1) No prison officer, Medical Officer, Dental Officeror staff employed by the prison department s h a l l -

(a) directly or indirectly have any pecuniary interestin the purchase of prison supplies;

(b) receive or have any pecuniary dealings withprisoners or their friends with regard to anydiscounts, gifts or other consideration fromcontractors for, or sellers of, prison supplies;

(c) sell or supply any article to or for the use ofa prisoner or a prison;

(d) receive directly or indirectly-(i) any benefit or advantage from the sale or

supply of; or(ii) any interest in any contract or agreement

for the sale or supply of,

any article to or for the use of a prisoner ora prison.

(2) No prison officer, Medical Officer, Dental Officeror staff employed by the prison department shall holdany unauthorised communication with a person for anyof the purposes in subsection (1).

(3) A person who contravenes this section shall beguilty of an offence and shall be liable, on corwiction,to a fine not exceeding ten thousand ringgit or toimprisonment for a term not exceeding five years or toboth.

(4) In this section references to selling or supplyinginclude respectively references to offering for sale andoffering for supply as well as letting on hire and offeringto let on hire.

31

Paymentof moneyforbidden.

Delivery ofuniform, etc.on leaving.

Prison

55. (1) No money or other consideration shall, on anypretext whatsoever, be payable, paid, given or promised,to a prison officer, Medical Officer, Dental Officer orstaff employed by the prison department, by or on behalfof a prisoner, either on h i s -

(a) entry into;(b) commitment to;(c) continuance in; or(d) discharge from,

a prison.

(2) A prison officer, Medical Officer, Dental Officeror staff employed by the prison department, receivingor demanding from or on behalf of a p r i sone r -

(a) any money or other consideration;(b) the promising of money or other consideration;(c) the undertaking of any service in consideration

of receiving or the promising of money or otherconsideration,

for any of the purposes mentioned in subsection (1) shallbe guilty of an offence and shall be liable, on conviction,to a fine of ten thousand ringgit or to imprisonment fora term not exceeding five years or to both.

56. (1) A person, upon ceasing to be a prison officer,shall immediately deliver up to the Officer-in-Charge ofthe prison in which he is serving at the time of ceasingto be a prison officer, every article of uniform and clothingand all weapons, accoutremems, and other effect of everykind belonging to the Government.

(2) A prison officer who fai ls to comply w i t hsubsection (1) shall be guilty of an offence and shall beliable, on conv i c t i on -

(a) to a fine not exceeding one thousand ringgit orto imprisonment for a term not exceeding sixmonths or to both; and

(b) in addition, shall be liable to pay the value ofany article not delivered up, which value shallbe recoverable as if i t were a fine.

32

Unlawfulpossession,sale orsupply ofarticlessupplied toprisonofficers, etc.


57. (1) A person, not being a prison officer, w h o -(a) without lawful authority, purchases or receives

or is found in possession of and who fails toaccount satisfactorily for his possession o f -

(i) an article which has been supplied to aprison officer for the execution of his duty;or

(ii) a medal or decoration granted to a prisonofficer for service or good conduct;

(b) without lawful authority, manufactures, sells,supplies, offers to sell or supply a reasonablefacsimile o f -

(i) a badge or device used to indicate that aperson is a prison officer or the rank ofa prison officer; or

(ii) a medal or decoration granted to a prisonofficer for service or good conduct;

(c) unlawfully wears, uses or displays otherwisethan in the course of a stage play or othertheatrical performance-

(i) a uniform of a prison officer;

(ii) a badge or device to indicate that he isa prison officer; or

(iii) a dress having the appearance of or bearingthe distinctive marks of the uniform of aprison officer,

shall be guilty of an offence and shall be liable, onconviction, to a fine not exceeding one thousand ringgitor to imprisonment for a term not exceeding six monthsor to both.

(2) A prison officer who sells or disposes o f -

(a) any article which has been supplied to him orany other prison officer for the execution ofduty;

33

Smugglingof prohibiiedarticles intoprison.

Generalpenalty.

PrisonOfficers'RewardFund.

Prison

(b) any medal or decoration granted to a prisonofficer for service or good conduct,

shall be guilty of an offence and shall be liable, onconviction, to a fine not exceeding one thousand ringgitor to imprisonment for a term not exceeding six monthsor to both.

58. (1) A person who smuggles or attempts to smugglea prohibited article into a prison sliall be guilty of anoffence and shall be liable, on conviction, to a fine notexceeding two thousand ringgit or to imprisonment fora term not exceeding six months or to both.

(2) In this section, "prohibited article" means any drugs,money or liquor and includes any instrument or articleas may be prescribed by the Director General from timeto time.

59. A person who is gui l ty of an offence under this Actor any regulations made under the Act for which nopenalty is expressly provided shall, on conviction, beliable to a fine not exceeding five hundred ringgit or toimprisonment for a term not exceeding six months or toboth.

PART VII

PRISON OFFICERS' REWARD FUND

60. (1) There shall be established a fund to be knownas the Prison Officers' Reward Fund (hereinafter referredLo as the Fund) which shall be operated as a Trust Accountwithin the Pederal Consolidated Fund.

(2) The Fund shall consist o f -

(a) all emoluments forfeited by and all fines imposedon prison o f f i c e r s in any d i s c i p l i n a r yproceedings;

(b) all grants, donations, gifts and contributions madeto or in favour of the Fund;

34

Applicationof Fund.

Adminis-tration ofFind.


(c) all other sums or property which may in anymanner become payable to or vested in the Fund;and

(d) all m o n i e s -(i) confiscated; or

(ii) the ownership of which is unknown andfound,

in the course of a search in a prison.

61. Subject to regulations made under this Act, the Fundshall be applied for the purpose o f -

(a) rewarding prison officers for outstanding actsof initiative and resource or for skill in theperformance of any departmental duty requiringtact or ability;

(b) rewarding prison officers for any meritoriousact of bravery whereby life has been saved orproperty has been secured from loss ordestruction; and

(c) procuring comforts, convenience and otherbenefits, which are not chargeable to publicrevenue, for prison officers, former prisonofficers who have retired on pension, gratuityor allowance or persons who were wholly orpartially dependent on deceased prison officersor former prison officers at the time of theirdeath.

62. (1) There shall be established a Prison Officers'Reward Fund Committee which shall have the controlof the Fund.

(2) The Committee shall consist of the fo l lowingmembers:

(a) the Director General as Chairman;(b) two Senior Prison Officers to be appointed by

the Minister; and(c) two public officers to be appointed by the

Minister.

35

Prisonofficerssubject todisciplinaryregulations.

Appointmentof V i s i t i ngJustices.

Duties ofV i s i t i n gJustices.

Prison

(3) Subject to regulations made under this Act, theCommittee shall have power to regulate its proceedings.

(4) No person shall carry on an activity to raise moniesfor the Fund without the prior written consent of theCommittee.

(5) Any person who contravenes subsection (4) shallbe guilty of an offence.

PART VIII

GENERAL

63. (1) All prison officers shall be subject to regulationsrelating to discipline as may from time to time be madeby the Yang di-Pertuan Agong under Article 132(2) ofthe Federal Constitution.

(2) For the purpose of this section, any regulationswhich for the time being are in force shall only haveforce and effect to the extent they are not in conflictwith any regulations referred to under subsection (1).

64. The Menteri Besar or Chief Minister in a State orthe Minister in charge of the Federal Territory, as thecase may be, shall for each year appoitit a Board for thatState or Federal Territory to be called the Board of VisitingJustice of which all Magistrates of that State or FederalTerritory shall be ex-officio members.

65. (1) A Yisiting Justice m a y -

(a) at any time, vis i t any prison in the State orFederal Territory for which he is appointed;

(b) inspect the wards, cells, yards and otherapartments and divisions of the prison;

(c) inspecr and test the quality and quant i ty of theprisoners food;

(d) hear the complaints, if any, of the prisoners;(e) question any prisoner or prison officer,

36

Visits byJudges,Magistrates,etc.

Regulat ions.


for the purpose of ascertaining, so far as possible, whetherthe provisions of this Act and any regulations made underthe Act and the Director General's Standing Orders areadhered to.

(2) A Visiting Justice s h a l l -(a) call the attention of the Officer-in-Charge to

any irregularity that may be observed in t h e -(i) working of the prison; or

( i i ) treatment of any prisoner confined in theprison; and

(b) exercise and perform such other powers andduties as may be prescribed.

(3) The Board of Visiting Justices shall appoint atleast one but not more than four of its members to visi tin rotation each of the prisons in the State or FederalTerritory for each month of the year.

(4) A Visiting Justice shall, for the purpose of thisAct, have power to summon witnesses and to administeroaths.

66. (1) A Judge of the High Court, a Sessions CourtJudge, and a Magistrate having jurisdiction in a placewhere a prison is situated may, whenever he thinks f i t -

(a) enter and examine the condition of the prisonand of the prisoners in the prison;

(b) question any prisoner or prison officer,

and enter any observations he thinks fit to make inreference to the condition of the prison and the prisonersin a Visi tors ' Book.

(2) A Visitors' Book shall be kept for the purposein subsection (1) by the Officer-in-Charge which shallbe produced to the Visi t ing Justices at their next vis i t .

67. (1) The Minister may publish in the Gazette suchregulations as may be necessary or expedient for the

37Prison

good management and government of prisons, and forcarrying out or achieving the objects and purposes ofthe Act.

(2) In particular and without prejudice to the generalityof subsection (1), regulations made under this sectionmay provide for all or any of the following matters:

(a) the powers and duties of persons employed inthe prison department;

(b) the inspection and management of lock-ups, theofficers to be in charge of the lock-ups, andfor the employment, diet and discipline ofpersons confined in the lock-ups;

(c) the medical examinat ion, measuring,pho tograph ing and taking of f inge rp r in timpressions or other records of prisoners,inc lud ing detailed personal statistics andhistories, and for requiring full and truthfulanswers to all questions put to the prisonerswith the object of obtaining such statistics andhistories;

(d) the persons, if any, to whom such measuremems,photographs, fingerprint impressions or otherrecords are to be sent or supplied;

(e) the diets, categorisation, safe custody, separation,treatment and discipline of prisoners;

(f) the employment of prisoners, i nc lud ingprovisions for the rate, use and apportionmentof earnings of prisoners;

(g) the scheme of gainful employment and inparticular f o r -

(i) the categories of prisoners who are eligibleto take up employment under the scheme;

( i i ) the terms and condit ions upon wh ichprisoners are to be permitted to take upemployment outside the limits of a prison;

( i i i ) the terms and conditions of employment;

38

Repeal.saving andtransit ionalprovisions.


(iv) the manner in which wages shall be paidto the prisoners;

(v) the proportion of and the manner in whichthe wages earned by prisoners under thescheme of employment may be retainedby the prisoners;

(h) the kind of labour to be exacted at the differentstages of imprisonment of the prisoners andthe manner and place of exacting such labour;

(i) the disposal of the products of labour of prisonersother than the products of labour in the schemementioned in paragraph (h) of subsection (2);

(j) the remission of sentences to be allowed toprisoners who duly comply with the regulationsto which they are subjected, and the conditionson which such remissions are to be made;

(k) the establishment of prisoners1 aid associationsand for the subsidising of their work and theutilising of their services in connection withprisoners discharged on probation and convictedprisoners whose sentences have expired;

(l) the supply of money, food, clothing or meansof travelling to prisoners on their discharge;

(m) the administration of the Prison Officers' RewardFund;

(n) the proceedings and visits of the Yisiting Justices;(o) the classification of offences;

(p) the procedure for the carrying out of inquiriesinto offences committed by prisoners and formatters related thereto; and

(q) any matter which is required to be or whichmay be prescribed under this Act.

68. (1) The laws mentioned in the Second Schedule tothe extent to which they are therein expressed to berepealed are repealed accordingly.

39

F.M. Ord.8111952.

Sabah Ord.7/1956.

SarawakCap. 24.

Prison

(2) Save for item 4 in the Second Schedule, allsubsidiary legislation, orders, directions and notices madeor given and any act lawfully done under or by virtueof the repealed Ordinances shall, in so far as suchsubsidiary legislation, order, direction or notice is notinconsistent with the provisions of this Act, be deemedto have been made or given under or by virtue of thisAct, and shall continue to remain in force and to haveeffect until amended, repealed, rescinded, revoked orreplaced under or by virtue of this Act.

(3) Notwithstanding subsections (1) and (2), in respectof a sentence of imprisonment passed or to be passedupon a prisoner on or after the coming into force of thisAct, the laws mentioned in the Third Schedule shall apply.

(4) Notwithstanding subsection ( 1 ) -(a) any officer or person appointed to act or

employed under or by virtue of the repealedOrdinances or deemed to be appointed to actor employed under or by vir tue of the repealedOrdinances shall continue and be deemed tohave been appointed or employed under or byvirtue of this Act; and

(b) any inquiry or proceeding commenced or pendingunder the repealed Ordinances immediatelybefore the coming into force of this Act shallbe cont inued or conc luded under and inaccordance with the repealed Ordinances.

(5) In this section, "proceeding" means any proceedingwhatsoever of a civil or criminal nature and includes anapplication at any stage of a proceeding.

(6) On the date of coming into force of this Act, thePrison Officers' Reward Fund established under the PrisonsOrdinance 1952, the Prison Officers' Reward Fundestablished uncjpr the Prisons Ordinance of Sabah andthe Prison Officers' Reward Fund established under thePrisons Ordinance of Sarawak shall be wound up andall monies, property, whether moveable or immoveableand liabilities to which the various funds were entitledor subject to shall by virtue of this section become the

40 Laws of Malaysia ACT 537

monies, property rights and liabilities of the PrisonOfficers' Reward Fund established under section 60 byoperation of law without any necessity for a notice tobe given to any party affected by the transfer.

FlRST SCHEDULE

(Subsection 10(3))

Senior Prison Officers

Director General of PrisonDeputy Director General of PrisonDirector of PrisonSenior Superintendent of PrisonSuperintendent of PrisonDeputy Superintendent of PrisonAssistant Superintendent of PrisonPrison Inspector

Junior Prison Officers

Prison Sub-InspectorPrison Sergeant MajorPrison SergeantPrison CorporalWarder

SECOND SCHEDULE(Subsection 68(1))

REPEALS

Numher ofOrdinancel Rules

1. F.M. Ord. 81/1952

2. SabahOrd. 7/1956

Titte ofOrdinancel Rules

PrisonsOrdinance

PrisonsOrdinance

Extentof Repeal

The whole

The whole exceptthe following:

(1) subsections70(4) to (14);and

41Prison

Number of Title ofOrdinance/ Rules Ordinancel Rules

Extentof Repeal

(2) subsection81(1) inrespect ofsentences ofimprisonmentpassed upon aprisonerbefore the dateof coming intoforce of thisAct.

3. Sarawak Prisons The whole exceptCap. 24 Ordinance subsections 34(4)

to (14).

4. Sarawak Prison Rules Part VIG.N.S. 31/1956

THIRD SCHEDULE(Subsection 68(3))

APPLICATION OF LAWS

State Extent of Application

1. Sabah Part 6 of the Prisons Rules 1953(L.N. 326/1953)

2. Sarawak Part 6 of the Prisons Rules 1953(L.N. 326/1953)

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