Act 82 Malaysia-International Security Act (1960)

Passed in 1960, the ISA is an expansive law that was born out of temporary measures enacted to counter a specific communist threat at the end of British colonial rule.  The Act is intended to provide for the internal security of Malaysia, the prevention of subversion, and for the suppression of organized violence against persons and property. The Act and its subsequent amendments have been highly criticized for the vast discretionary power afforded to the authorities, the highly restrictive nature of some of its provisions, the broadness of the phrase "prejudicial to the security of Malaysia", and the use of preventive detention.

Definition of "Terrorist"

The ISA defines a "terrorist" as any person who:

1. by the use of any fire-arm, explosive or ammunition acts in a manner prejudicial to the public safety or to the maintenance of public order or incites to violence or counsels disobedience to the law or to any lawful order;
2. carries or has in his possession or under his control any fire-arm, ammunition or explosive without lawful authority therefore; or
3. demands, collects or receives any supplies for the use of any person who intends or is about to act, or as recently acted, in a manner prejudicial to public safety or the maintenance of public order.

Arrest

The ISA can be applied on the assumption of the possibility of a future crime and many arrest and detention powers require only a belief that the arrested or detained person has acted, or is likely to act in a manner prejudicial to the security of Malaysia or to the maintenance of essential services therein or to the economic life thereof.  Thus, any police officer may, without warrant, arrest and detain anyone he has "reason to believe" has acted or is likely to act in "any manner prejudicial to the security of Malaysia". 

Detention

A person arrested on the grounds that he has acted or is likely to act in a manner prejudicial to the security of Malaysia may be detained for up to 60 days by the authorities without the issuance of a detention order.

Under s. 8 of the ISA, the Minister of Home Affairs may order the detention of any person if he is satisfied that the detention is necessary to prevent the person from acting in any manner prejudicial to the security of Malaysia or to the maintenance of essential services therein or to the economic life thereof.  The Minister may make a detention order directing that the person be detained for up to two years and may direct that the duration of the detention be extended for subsequent periods of up to two years.  Thus, the ISA allows for preventive detention for up to two years, with the possibility of a renewal every two years.

The Minister may also make orders allowing for restrictions on freedom of assembly, association, expression, movement, residence and employment.

Judicial review of the Minister's discretionary powers is prohibited under a 1988 amendment to the Act.

Closure of educational institutions

Schools and educational establishments can be closed for up to six months by the Minister if he is satisfied that it is being used as a meeting place foe unlawful organizations or for reasons deemed detrimental to the interests of Malaysia or the public.

Security areas

The ISA permits areas of Malaysia to be deemed "security areas" if public security in that area is seriously disturbed or threatened by organized violence.  Within a designated security area, the Minister has the power to seize any land or building if it appears necessary or expedient to do so in the interests of public security.  As well, a police officer in a security area may seize rice or other food which is likely to become available to any persons who have acted or intend to act in a manner prejudicial to public security or to the maintenance of public order.  Finally, within a security area, any police officer may, without warrant, arrest any person suspected of the commission of an offence in the security area and may, without warrant, search any premises or vehicle if he suspects that it is connected to the commission of an offence.