ACT 377: RESTRICTED RESIDENCE ACT 1933
(Act 377)
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.
RESTRICTED RESIDENCE ACT 1933
(Act 377)
An Act relating to the making and enforcement of orders regarding residence in and
exclusion from certain areas.
[Date of commencement: West Malaysia - 16.6.1933;
East Malaysia: 19.9.1980]
[Enacted in 1933 as F.M.S. Cap. 39.
Revised and published in 1989 as Laws of Malaysia Act 377]
1. Short title and application
(1) This Act may be cited as the Restricted Residence Act 1933.
(2) This Act shall apply throughout Malaysia.
1A. Interpretation
(1) In this Act, unless the context otherwise requires -
"area" shall, in the application of this Act to West Malaysia, mean a district, sub-district or
mukim duly notified under section 11 or deemed to have been notified under section 442 of the
National Land Code;
"Chief Police Officer" includes a Commissioner of Police vested with the control of the
Royal Malaysia Police in respect of any area or State;
"West Malaysia" has the meaning assigned thereto in section 3 of the Interpretation Act
1967, 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 authorised in
writing by the Commissioner of Police to exercise same.
2. Order for residence in particular place or exclusion from particular place or places
(i) 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.
(ii) 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.
(iii) 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.
(iv) (Repealed).
2A. Police supervision
(i) 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.
(ii) 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;
(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.
(iii) For the purpose of this section the phrase "seditious tendency" has the same
meaning as in the Sedition Act 1948.
3. Person affected to be informed of order
(i) When any such order as is referred to in section 2(ii) 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.
(ii) As soon as may be after action has been taken under subsection (i), 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.
(iii) In this section and in the Schedule "Officer in Charge" has the meaning assigned in
the Prisons Ordinance, 1952 of West Malaysia or the Prisons Ordinance, 1956 of Sabah or the
Prisons Ordinance of Sarawak.
4. Effect of order for residence
Except as provided by or under section 2A(ii) 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.
5. Authority of Minister to enter prohibited area
The Minister may by writing under his hand authorise 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.
6. Penalty
(i) Any person found within any area, town or village in contravention of the prohibition
contained in section 4 or of any order made under section 2(ii) or under section 2A or of the
terms of any written authorisation under section 2A(ii) or section 5 shall be liable to
imprisonment for a term not exceeding three years.
(ii) Any person subject to any restriction referred to in section 2A(ii)(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.
7. Harbouring
(i) Any person who knowingly conceals or harbours any person who unlawfully enters any
district, mukim, 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.
(ii) 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
district, 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.
8. Arrest
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 section 2(ii) or 2A(i) or of the terms of any written authorisation under section
2A(ii) or 5.
9. Sanction for prosecution
No prosecution shall be instituted under this Act without the sanction in writing of the Public
Prosecutor.
SCHEDULE
FORM A
STATE OF......................................................
WARRANT OF ARREST AND DETENTION.
RESTRICTED RESIDENCE Act 1933
(Section 2(i))
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
section 2(ii) 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........................, 19..................
...........................................
Minister
FORM B
STATE OF........................................
WARRANT OF DETENTION
RESTRICTED RESIDENCE Act 1933
(Section 2(i))
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 is now detained in the prison
at.....................................
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........................., 19..............
...........................................
Minister
FORM C
ORDER UNDER SECTION 2(ii)
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........................, 19...............
...........................................
Minister
FORM D
WARRANT OF RELEASE
RESTRICTED RESIDENCE Act 1933
(Section 3(ii))
To the Chief Police Officer and all other Police Officers.
In pursuance of the powers vested in me by section 3 (ii) 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 .............., 19......................
...........................................
Officer in Charge
FORM E
ORDER UNDER SECTION 2A(i)
RESTRICTED RESIDENCE Act 1933
It is hereby ordered that ...............................now residing at............................shall be placed
under policed 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....................., 19..............
................................................
Minister
