MAY 3 — There is no house arrest under the law in Malaysia.
But a house can be a prison.
Reference may be made to Section 2 of the Prison Act 1995 and related sections of the Act, which is an Act to consolidate and amend the laws relating to prisons, prisoners and related matters.
Section 2 defines prison as “any house, building, enclosure or place, or any part thereof, declared to be a prison under Section 3 and shall include the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners”.
Section 3 empowers the Minister, by notification in the Gazette, to declare “any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody and may in like manner declare that any such prison shall cease to be a prison for the purposes of this Act”.
The first declaration under Section 3 was in 1998 in respect of the area situated in Lot 868 of Mukim Kamunting, District of Larut Matang, Perak which was designated as Kamunting Prison, Perak — PU(B) 124/1998. Since then, there have been a number of declarations, among others, in 2000 (Pudu Prison – PU(B) 394/2000), 2002 (Kajang —PU(B) 84/2002; Illegal Immigrant Detention Depot in Tanah Merah, Kelantan — PU(B) 369/2002).
This year, the first declaration of the year was in respect of “all buildings and areas situated on Lot 103 and Lot 135311787, Mukim of Kindassan, District of Keningau, Sabah” to be named as “Sekolah Henry Gurney Keningau, Sabah” — PU(B) 16/2024.
Section 4 makes provisions for temporary prisons. This is where it appears to the Commissioner General of Prison (CGP) —
(a) that the number of prisoners in a prison is greater than can be reasonably kept in the prison and that it is not convenient to transfer the excess number to another prison; or
(b) that by reason of an outbreak within a prison of a disease or for any other reason which renders it necessary to provide for the temporary shelter and safe custody of any prisoner,
The CGP may, with the approval of the Minister, direct in writing for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison — Section 4(1).
A temporary prison as directed or ordered above is a prison for the purposes of the Act — Section 4(2). The direction or order is only for a period not exceeding three months — Section 4(4) — which may, with the approval of the Minister, be extended for further periods not exceeding three months at any one time and such extensions shall not in any event exceed a total period of nine months — Section 4(5).
Section 9 vests in the CGP the general charge and administration of prisons and the control and direction of prison officers throughout Malaysia, subject to the provisions of the Federal Constitution relating to the jurisdiction, power and functions of the Public Services Commission established under Article 139 of the Federal Constitution and the orders of the Minister made under the Act. The CGP has the power to transfer and direct the employment and distribution of prison officers as he may think fit.
The powers of the CGP are further set out in Sections 12 (power to make and issue Standing Orders) and 13 (Duties of CGP, State Prison Director and Officer in Charge of a prison).
Prisons are not only subject to the Act but also to regulations which the Minister may publish in the Gazette “as may be necessary or expedient for the good management and government of prisons, and for carrying out or achieving the objects and purposes of the Act”.
The regulations currently in force are the Prison Regulations 2000 — PU(A) 325/2000.
So, if one wishes to be under house arrest, which is not currently provided under the law, the designated house can and must be declared a prison first.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
