BANISHMENT ACT 1959
(Act 79)
ARRANGEMENT OF SECTIONS
1. Short title
2. Interpretation
3. Warrant of arrest and detention
4. Execution of warrant of arrest and detention
5. Banishment order
6. Execution of banishment order
7. Suspension of banishment order on execution of a bond
8. Expulsion order
9. Removal of detained person to mental hospital
10. Special provision relating to claim to citizenship
11. Power to revoke banishment or expulsion order
12. Power to grant exemption
13. Arrest and detention
14. Persons banished or expelled prohibited from entering Malaysia
15. Concealing or harbouring a banished or expelled person
16. Duty of all persons to give information concerning person banished or expelled
17. Onus of proof of citizenship
18. Presumption relating to banishment and expulsion orders
19. Presumption of residence
20. Proof of instruments
21. Protection to persons acting under this Act
22. Power to make regulations
23. (Omitted)
24. Prosecutions and proceedings under Act
SCHEDULE
An Act relating to the banishment and expulsion from Malaysia of persons other than citizens
West Malaysia—1 May 1959, L.N. 112/59; East Malaysia—16 September 1963, L.N. 232/63
1. Short title
This Act may be cited as the Banishment Act 1959.
2. Interpretation
In this Act, unless the context otherwise requires—
“banishment order” means an order made under section 5;
“Chief Police Officer” has the meaning assigned to it in the Police Act 1967 [Act 344 ], and
includes a Commissioner of Police vested with the control of the Royal Malaysia Police in Sabah
and Sarawak;
“exempted person” means a person exempted from sections 5 and 8 by any order made under
section 12;
“expulsion order” means an order made under section 8; and “expelled” means that the person
against whom an expulsion order is made has been served with the order and has left Malaysia
within the meaning of section 18(3);
“senior police officer” means a police officer of or above the rank of Inspector;
“warrant of arrest and detention” means a warrant issued under section 3.
3. Warrant of arrest and detention
(1) Where it appears to the Minister, on receiving written information submitted to him by
the Inspector General of Police or a Chief Police Officer, that there are reasonable grounds for
believing that the banishment of any person whom the Minister is satisfied is not a citizen or an
exempted person is conducive to the good of Malaysia, the Minister may issue a warrant for the
arrest and detention of that person.
(2) The Minister may by notification in the Gazette, and subject to such conditions and
instructions as may be prescribed in the notification, delegate the exercise of the powers
conferred by subsection (1)—
(a) in the case of Sabah and Sarawak, to the local federal authority or to any other
person in the State as the Minister may deem expedient; and
(b) in the case of any other State, to the State Secretary of the State.
(3) A warrant of arrest and detention shall be in Form A of the Schedule.
4. Execution of warrant of arrest and detention
(1) The police or prison officer executing a warrant of arrest and detention shall notify the
substance thereof to the person arrested or detained and, if so required, shall show him the
warrant or a copy thereof under the hand of the authority by whom it was issued.
(2) Where in execution of a warrant of arrest and detention any person is arrested or is
required to be further detained in prison after the expiration of any sentence of imprisonment
passed upon him the officer executing the warrant shall without unnecessary delay, and in any
case within twenty-four hours (excluding the time of any necessary journey) from the arrest or
from the expiration of the sentence produce the person arrested, or so detained before a
Magistrate who shall, upon production of the warrant duly signed and upon proof of the identity
of the person arrested or detained with the person named in the warrant, by order endorsed on the
warrant, commit the person to prison, there to be detained in accordance with the tenor of that
warrant:
Provided that if the person proves that he is a citizen or an exempted person the Magistrate shall
order the person to be released forthwith.
5. Banishment order
(1) Where the Minister is satisfied after such inquiry or on such written information as he
may deem necessary or sufficient that the banishment from Malaysia of any person not being a
citizen or an exempted person would be conducive to the good of Malaysia the Minister may
make an order that the person be banished from Malaysia either for the term of his natural life or
for such other term as may be specified in the order.
(2) A banishment order shall be in Form B of the Schedule and shall be signed by the
Minister.
(3) As soon as possible after the making of a banishment order against any person a copy of
the order shall be served on the person by the officer-in-charge of the prison in which the person
may be confined or by a senior police officer; and the officer serving the copy shall notify the
person against whom it is made that he may at any time within fourteen days of the service apply
to the High Court for an order that the banishment order be set aside on the ground that he is a
citizen or an exempted person.
6. Execution of banishment order
(1) Subject to this Act a banishment order may be carried into execution at any time after
the expiration of fourteen days from the date of service of a copy thereof under section 5(3),
upon the issue by the Minister of a warrant of execution which shall be in Form C of the
Schedule and shall be signed by the Minister.
(2) Upon receiving the warrant of execution of a banishment order made against any
person, the officer-in-charge of the prison in which the person is confined shall inform the
person of the period for which he is banished and warn him that he is forbidden by law to return
to Malaysia or to enter or reside in Malaysia, except as specially provided in the banishment
order.
(3) As soon as possible after receiving the warrant of execution of a banishment order
against any person, the officer-in-charge of the prison in which the person is confined or some
prison officer appointed by that officer in that behalf shall hand the person ordered to be
banished to a senior police officer appointed by the Inspector General of Police to receive him,
and the person shall thereupon be conveyed in the custody of that or some other senior police
officer and placed on such means of transport as may be expedient for conveyance to the country
of which he is a citizen or to such other place as may be stated in the warrant.
(4) Any banished person who is in the custody of a senior police officer under subsection
(3) may be received into and detained in any prison or other suitable place in Malaysia until he
can be placed on some means of transport for conveyance in accordance with that subsection.
7. Suspension of banishment order on execution of a bond
(1) The Minister may at his discretion at the time of making a banishment order or at any
time thereafter direct that the order be suspended and that the person ordered to be banished shall
execute a bond with sureties to the satisfaction of the Minister for his good behaviour in such
amount and for such period (not exceeding five years) and subject to such conditions as to
residence or otherwise as may be specified in the direction.
(2) If the Minister is satisfied that a person subject to a banishment order directed to be
suspended under subsection (1) has failed to observe any condition specified in the bond
executed by him under that or that it is not conducive to the good of Malaysia that the person
should further remain therein, the Minister may at any time revoke the suspension of the
banishment order and upon revocation of the suspension the person may be arrested and detained
without a warrant, and the original banishment order shall thereupon be executed in accordance
with this Act.
(3) Where a banishment order has been suspended under subsection (1) and the suspension
has not been revoked before the expiration of the period for which security for good behaviour
was given under that subsection, then upon the expiration of the period the order shall lapse and
cease to have effect, but nothing in this subsection shall prevent the making of a fresh
banishment order against the person.
8. Expulsion order
(1) The Minister may, if he thinks fit, in place of issuing a warrant of arrest and detention
or in place of making a banishment order make an order requiring any person who he is satisfied
is not a citizen or an exempted person to leave Malaysia before the expiration of a period of
fourteen days from the date of service under subsection (4) of a copy of the order.
(2) An expulsion order shall be in Form D of the Schedule.
(3) The Minister may by an expulsion order impose such conditions as he may think fit as
to the residence, occupation or conduct or police supervision or otherwise of the person against
whom the order is made which shall be observed by that person so long as he remains in
Malaysia.
(4) A copy of the expulsion order shall be served on the person against whom it is made by
a senior police officer, or by any other person authorized by the Minister to serve the order and
shall be served personally on that person in the same manner as a summons is required to be
served under the Criminal Procedure Code [Act 593]; and the officer or person serving the copy
shall notify the person against whom it is made that he may at any time within fourteen days of
the service apply to the High Court for an order that the expulsion order be set aside on the
ground that he is a citizen or an exempted person.
(5) A person against whom an expulsion order has been made shall on or before a date
specified by the Minister in the order execute a bond with sureties to the satisfaction of the
Minister for due compliance with the terms of the expulsion order and for such amount and
subject to such conditions as the Minister may think fit to specify.
(6) If a person against whom an expulsion order has been made absconds or conceals
himself so that the order cannot be served or if he fails before the specified date to execute the
bond required under subsection (5) to the satisfaction of the Minister or if the person fails to
observe any condition of the bond or fails to leave the country in accordance with the order the
person may be arrested without a warrant by any police officer and shall without unnecessary
delay and in any case within twenty-four hours (excluding the time of any necessary journey)
from the arrest be brought before a Magistrate who upon production before him of the expulsion
order and upon proof of the identity of the person arrested with the person named in the order
shall commit the person to prison there to be detained pending a decision as to whether a
banishment order should be made against that person:
Provided that if the person proves that he is a citizen or an exempted person the Magistrate shall
order the person to be released forthwith.
(7) Where any person has been arrested and detained under subsection (6) the Minister may
thereupon cancel the expulsion order and make a banishment order against the person in
accordance with section 5.
(8) Nothing in this section shall prevent the Minister at any time from cancelling any
expulsion order made by him against any person and taking action against the person in
accordance with section 3, 4 or 5.
(9) Where an expulsion order has been made against any person detained in accordance
with a warrant of arrest and detention the person shall upon his executing the bond required
under subsection (5) be released from detention under the said warrant.
(10) Where a person against whom an expulsion order has been made makes an application
to the High Court under section 10 for the order to be set aside and the application is refused, the
period of fourteen days specified in subsection (1) shall commence to run from the date of the
refusal of that application.
9. Removal of detained person to mental hospital
(1) Whenever a person detained under this Act appears to the Minister, on the certificate of
a registered medical practitioner, to be of unsound mind, the Minister may, by order in writing
setting forth the grounds of belief that the person is of unsound mind, direct his removal to any
mental hospital or other fit place of safe custody within Malaysia, there to be kept and treated as
the Minister directs until it appears to the Minister, on the certificate of a registered medical
practitioner, that the person has again become of sound mind; and an order made under this
subsection shall, notwithstanding any written law to the contrary, be sufficient authority for the
reception of that person into the mental hospital or other place mentioned in the order.
(2) In this section “registered medical practitioner” means a medical practitioner who is
registered under any written law for the time being in force relating to the registration of medical
practitioners.
10. Special provision relating to claim to citizenship
Any person in respect of whom a banishment or expulsion order has been made may within
fourteen days of the service of a copy of the banishment order under section 5(3), or of the
service of a copy of the expulsion order under section 8(4), as the case may be, apply to the High
Court for an order that the banishment or expulsion order be set aside on the ground that he is a
citizen or an exempted person; and if it be proved on that application that the person is a citizen
or an exempted person the High Court shall set aside the banishment or expulsion order, as the
case may be, and direct that the applicant be set at liberty.
11. Power to revoke banishment or expulsion order
A banishment or expulsion order may at any time be revoked by the Minister.
12. Power to grant exemption
The Minister may by order direct that any particular person, or persons of any specified class,
shall be exempt, either unconditionally or subject to such conditions as the Minister may impose,
from sections 5 and 8.
13. Arrest and detention
(1) Any person who has committed or is reasonably suspected of having committed an
offence against this Act may be arrested without warrant by any police officer.
(2) Where a person has been arrested or detained under this Act any police officer, or any
other person authorized by the Minister in that behalf, may take all such steps as may be
reasonably necessary for photographing, measuring, finger-printing and otherwise identifying
the person.
14. Persons banished or expelled prohibited from entering Malaysia
(1) Every person, not being a citizen or an exempted person—
(a) lawfully banished or expelled from Malaysia or from any territory comprised in
Malaysia; or
(b) lawfully banished, deported or expelled from Singapore,
is hereby prohibited from entering or residing in Malaysia so long as the term for which he was
banished, deported or expelled has not expired or the banishment, deportation or expulsion order
has not been cancelled or revoked, and whether or not the order has been executed:
Provided that the Minister may in his discretion exempt any person banished, deported or
expelled from Singapore from the prohibition contained in this subsection.
(2) Any person entering or residing in any part of Malaysia in contravention of the
prohibition contained in subsection (1) shall be guilty of an offence against this Act and shall, on
conviction, be liable—
(a) if the term for which the person was banished, deported or expelled be less than
five years, to imprisonment for a term not exceeding the term of the banishment,
deportation or expulsion;
(b) if the term for which the person was banished, deported or expelled be for life or
for five years or more, to imprisonment for a term not exceeding five years; and
(c) if the person shall previously have been convicted under this Act or any law
superseded by this Act of unlawfully entering or residing in Malaysia or any part
thereof or in any of the territories now comprised therein after having been
lawfully banished, deported or expelled therefrom or from Singapore, to
imprisonment for a term not exceeding fifteen years.
(3) Notwithstanding the fact that a prosecution is pending against any person under this
section the Minister may make a banishment order against the person in accordance with this Act
and thereupon the court shall order the person to be discharged not amounting to an acquittal
from the charge under this section in order to enable the banishment order to be executed.
(4) If at the expiration of any sentence passed on any person under this section the term for
which the person has been banished, deported or expelled has not expired, the person shall,
unless the Minister shall otherwise order, be removed from Malaysia, and section 6(3) and (4)
shallmutatis mutandis apply to such person as if a banishment order had been made in his case
under section 5.
15. Concealing or harbouring a banished or expelled person
Any person who knowingly conceals or harbours any other person—
(a) against whom a warrant of arrest and detention has been issued but has not yet
been executed;
(b) against whom an expulsion order has been made but has not yet been served; or
(c) who is liable to be arrested and detained under this Act,
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five
hundred ringgit and to imprisonment for a term not exceeding six months:
Provided that this section shall not apply to a wife harbouring or concealing her husband or a
husband harbouring or concealing his wife.
16. Duty of all persons to give information concerning person banished or expelled
(1) Any person aware of the presence in Malaysia of any person described in section 15(a),
(b) or(c) shall forthwith give full and accurate information thereof to the nearest Magistrate or
police officer.
(2) Any person failing without reasonable excuse (the proof whereof shall be on him) to
give the aforesaid information shall be guilty of an offence and shall, on conviction, be liable to
a fine not exceeding two hundred and fifty ringgit and to imprisonment for a term not exceeding
three months:
Provided that this subsection shall not apply to a wife failing to give information relating to her
husband or a husband failing to give information relating to his wife.
17. Onus of proof of citizenship
If in any proceedings under this Act or with reference to anything done or proposed to be done
under this Act, any question arises whether any person is a citizen or an exempted person the
onus of proving that he is a citizen or an exempted person lies upon that person.
18. Presumption relating to banishment and expulsion orders
(1) Subject to section 10, a banishment or expulsion order shall, until it has been set aside
or revoked under this Act, or until it has expired, as the case may be, be conclusive evidence in
all courts and for all purposes that the person thereby ordered to be banished or expelled is not a
citizen or an exempted person.
(2) An endorsement on a banishment order that it has been executed by placing the person
named therein on some means of transport bound for a destination outside Malaysia without
touching at any other place in Malaysia shall be conclusive evidence until the contrary be proved
that the person ordered to be banished has been sent out of Malaysia.
(3) An endorsement on an expulsion order that it has been executed by serving it on the
person named therein in the manner set out in section 8(4) shall, after the expiry of the period of
fourteen days mentioned in section 8(1) or (10), as the case may be, be conclusive evidence until
the contrary be proved that the person ordered to be expelled has left Malaysia.
19. Presumption of residence
If it is proved in any prosecution under this Act that any person has remained in Malaysia for
more than twenty-four hours the court shall presume until the contrary is proved that that person
has voluntarily resided therein.
20. Proof of instruments
Every document purporting to be a warrant, order, direction or other instrument made or issued
by the Minister or any other person in pursuance of any provision contained in or having effect
under this Act and to be signed by him or on his behalf shall be received in evidence and shall,
until the contrary is proved, be deemed to be an instrument made or issued by him.
21. Protection to persons acting under this Act
Except as provided by this Act no suit, prosecution or other legal proceeding shall lie against any
person for anything in good faith done or intended to be done under this Act.
22. Power to make regulations
(1) The Minister may from time to time make regulations for carrying this Act into effect.
(2) In making any regulations under subsection (1) the Minister may add to, vary or revoke
all or any of the forms set out in the Schedule.
23. (Omitted).
24. Prosecutions and proceedings under Act
(1) Any order made or warrant issued or bond executed under any law superseded by this
Act and any proceedings taken under any such law before the commencement of this Act shall
have effect in all respects as if the same had been validly made, issued, executed or taken under
this Act.
(2) For the purpose of any prosecution or proceeding under this Act any order of
banishment, deportation or expulsion purporting to be issued by the authority empowered in that
behalf under any law in force at the date of the order in Malaysia or in any territory now
comprised in Malaysia or in Singapore, shall be sufficient proof of the fact and date of the
banishment, deportation or expulsion and of the terms and conditions thereof.
(3) The provisions of section 18(2) and (3) shall apply to any order referred to in subsection
(2) as if the order had been a banishment or expulsion order.
Schedule
[Section 22(2)]
Form A
[Section 3]
WARRANT OF ARREST AND DETENTION
To:
The Inspection General of Police and all other police officers and to the *
Superintendent of Prisons at .......................................................
Whereas it appears to me in accordance with section 3 of the Banishment Act 1959, that
it is conducive to the public good that ...................................... of
......................................................... be banished from Malaysia:
Now therefore you the said police officers are hereby directed to arrest the said
................................................................................................................ wherever he may be found
in Malaysia and to convey him to the Prison at
...................................................................................................: and *
You the said Superintendent of Prisons are hereby directed to detain the said
........................................................................................................... in safe custody in the prison
until you shall receive further orders from
me/the Minister †.
Dated this ............. day of .................................... 19 ...........
.......................................... Minister †
.......................................... (By virtue of a delegation under section 3(2)) †
ENDORSEMENT
It is hereby orderedpursuant to section 4(2) of the Banishment Act 1959, that the
within-named ............................................................................ of
.............................................................................. be committed to prison, there to be detained in
accordance with the tenor of this warrant.
Dated this ............. day of .................................... 19 ...........
..........................................
Magistrate
* Delete in the case of a person already detained in prison
† Delete as appropriate Form B
[Section 5]
BANISHMENT ORDER
I, ....................................................................................... the Minister for the time being
charged with responsibility for banishment hereby order in accordance with section 5 of the
Banishment Act 1959, that ............................be banished from Malaysia for the term of .............*
Given under my hand this ............ day of ...................... 19 ...............
..........................................
Minister
ENDORSEMENT
I, .................................................................................. hereby certify that I today served a
copy of the above order on the person named therein and explained to him the effect of such
order.
Dated this ............. day of .................................... 19 ...........
...................................................
(Officer-in-Charge of the prison at ...... or Senior Police Officer)
* Delete whichever alternative is inapplicable.
Form C
[Section 6]
WARRANT OF EXECUTION OF BANISHMENT ORDER
To the Superintendent of Prisons at ....................................................... and to the Inspector
General of Police and all other police officers:
Whereas by a banishment order made in accordance with section 5 of the Banishment
Act 1959 ...................................................................................... (hereinafter called “the said
banishee”) has been ordered ordered to be banished from Malaysia for the term of *
Now therefore I hereby direct you the said Superintendent of Prisons to deliver the said
banishee into the custody of such senior police officer as may be appointed by the Inspector
General of Police in that behalf together with this Warrant:
And I further direct you the Inspector General of Police or other senior police officer
appointed by you in that behalf to receive the said banishee into your custody and to cause him
to be conveyed to ............................................ and there placed on a suitable means of transport
for removal to ........................................................................................................................
AndI further direct you the Inspector General of Police to return this Warrant to me
within the space of ................................................................ days from the execution thereof
showing by an endorsement made thereon its due execution.
Given under my hand this ............ day of ...................... 19 ...............
..........................................
Minister
ENDORSEMENT
I, ................................................................................... hereby certify that the above
Warrant was duly executed by conveying the banishee named therein to
.............................................................. and there placing him on ..................... for removal to
...............................................:
And I further certify that I handed a copy of the banishment order referred to in the said
Warrant to the said banishee at the time of his removal from Malaysia and explained to him the
effect of the order and warned him that he is forbidden by law to return to or to enter or reside in
Malaysia, during the term of his banishment.
Dated this ............. day of .................................... 19 ...........
...................................................
(Senior Police Officer)
* Delete whichever alternative is inapplicable.
Form D
[Section 8]
EXPULSION ORDER
I, ......................................................................... the Minister for the time being charged
with responsibility for banishment hereby order in accordance with section 8 of the Banishment
Act 1959, that ............................................... leave Malaysia before the expiration of a period of
fourteen days from the date of service of a copy of this order, and thereafter remain out of
Malaysia:
And I hereby specify the ................. day of ........................................... 19 ......... as the
date on or before which the said .......................................... shall execute the bond specified in
subsection (5) of the said section in the sum RM ....................................... with :
[Insert here any conditions imposed under section 8 of the Banishment Act 1959.]
Given under my hand this ............ day of ...................... 19 ...............
..........................................
Minister
ENDORSEMENT
I, .............................................................................. hereby certify that I today executed
the above order by serving a copy thereof on the person named therein and explained to him the
effect of the order and warned him that upon the coming into force of the order he is forbidden
by law to return to or to enter or reside in Malaysia.
Dated this ............. day of .................................... 19 ...........
.......................................................
(Senior Police Officer or other person authorized by the Minister to serve the above order)
