PRESERVATION OF PUBLIC SECURITY (SARAWAK) ACT 1962 (REVISED - 2024)

This Act applies to Sarawak only.

Interpretation

provide for the prohibition of the publication and dissemination of matter prejudicial to public security and, to the extent necessary for that purpose, for the regulation and control of the production, publishing, sale, supply, distribution and possession of publications;

provide for the prohibition, restriction and control of assemblies;

provide for the prohibition, restriction and control of residence, movement and transport of persons, the possession, acquisition, use and transport of movable property, and the entry to, egress from, occupation and use of immovable property;

provide for the regulation, control and maintenance of supplies and services;

*NOTE—Subsections 3(2) and (3) came into operation on 08-12-1962 - see G.N.S. 218/1962.

**NOTE—See Preservation of Public Security Regulations, 1963 (G.N.S. (F) 212/1963).

Preservation of Public Security (Amendment of Laws) Regulations, 1963 (G.N.S. 159/1963).

Preservation of Public Security (Amendment of Laws) Regulations, 1964

(Swk. L.N. (F) 158/1964).

Preservation of Public Security (Censorship of Films) Regulations, 1964

(Swk. L.N. (F) 174/1964).

Preservation of Public Security (Exchange Control) Regulations, 1963

(G.N.S. 161/1963).

Preservation of Public Security (Home Guard) Regulations, 1962 (G.N.S. 238/1962).

Preservation of Public Security (Prejudicial Publications) Regulations, 1964

(Swk. L.N. (F) 165/1964).

Preservation of Public Security (Sarawak)

provide for, and authorize the doing of, such other things as appear to him to be strictly required by the exigencies of the situation in Sarawak.

The regulations made under this section shall not provide for any of the matters set out in subsection 4(2).

Special public security regulations

*4. (1) If at any time the Yang di-Pertuan Agong is satisfied that the situation in Sarawak is so grave that the exercise of the powers conferred by section 3 is inadequate to ensure the preservation of public security, he may, by notification in the Gazette, declare that subsection (2) shall come into operation and subsection (2)

shall continue in operation until the Yang di-Pertuan Agong, by a further notification, directs that subsection (2) shall cease to have effect, except as respects things previously done.

**(2)  The Minister may, for the preservation of public security, make regulations to provide, so far as appears to him to be strictly required by the exigencies of the situation in Sarawak, for—

provide for the payment of compensation and remuneration to persons affected by the regulations;

provide for the apprehension and trial of persons who contravene the regulations and, notwithstanding subparagraph 14(a)(i) of the Interpretation Ordinance,

2005, for such penalties as the Minister may think fit for offences under the regulations;

*NOTE—Subsection 4(2) came into operation on 08-12-1962 - see G.N.S. 220/1962.

**NOTE—See Preservation of Public Security (Detention) Regulations, 1962 (G.N.S. (221/1962).

Act 855

provide for the suspension of the operation, or the amendment of any written law in force in Sarawak and any Act of Parliament of the United Kingdom which applies to Sarawak by virtue of the Application of Laws

Ordinance [Sarawak Cap. 2], but such regulations shall not, without the concurrence of the Yang di-Pertua Negeri, suspend the operation of or amend any written law having effect as State law;

provide for the powers of such authorities and persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations may be made;

provide for the delegation and transfer of powers and duties conferred and imposed by or under the regulations;

contain such other incidental and supplementary provisions as appear to the Minister to be necessary or desirable for the purposes of such regulations.

Nothing in subsection (1) or section 3 or 4 shall authorize the making of any regulations providing for the trial of persons by military courts.

Application and effect of regulations

Any regulations made under this Act, and any order or rule made under any such regulations, shall have effect notwithstanding anything inconsistent with the regulations, order or rule contained in any law, being a written law or an enactment or Act of Parliament referred to in paragraph 5(1)(c), and to the extent of any such inconsistency any such law shall have no effect so long as such regulations, order or rule shall remain in force.

Preservation of Public Security (Sarawak)

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Proof of documents