QUESTION NO. 5:

Dr. S. Ramakrishnan asks Prime Minister to state what are the guidelines for placement of banishment sentence because recently there are many ex-prisoners are sentenced to banishment of many crimes in the Banting. Government asked to review the sentence of banishment for the laws are no longer relevant to the advancement of information and communication technology.

ANSWER:

MINISTRY OF HOME AFFAIRS

I would like to thank to the Senator who submit the question.

The purpose of restriction order imposed on an individual is to address violence, crime and drug trafficking which happened in our country. Restriction order in certain area or district been imposed for the purpose of separating them from the group or accomplice and also to prevent them from continuing to commit crimes in their place of origin. Besides that, the separations also to enable the police monitor closely their activities and behaviour.

I would like to inform here that there are a few legal provisions which authorise to the Ministry of Home Affairs (KDN) to issue restriction order towards anyone who were detained by the police. Among the relevant laws is Internal Security Act 1960 (ISA), Emergency (Public Order and Crime Prevention) Ordinance 1969, Dangerous Drug Act (Special Precautions) 1985, Deed Restricted Homes 1933 and Crime Prevention Act 1959.

To ensure the effective surveillance and monitoring process, the Ministry of Home Affairs and police imposing tighter restrictions conditions against individual under the laws which I have stated. For example, individuals who are barred is required to report to the police station where the restriction on every Monday between 8.00 am and 6.00 pm, at their home every day from 8.00 am until 6.00 am, and give their home address where the residence.  In addition, the Ministry of Home Affairs may impose a bail bond if required and other conditions that are appropriate to the current situation.

The Ministry also has a special program for rehabilitation purposes, such as meeting with individuals who are subject to sanctions in accordance with a predetermined zone of listening to the problems faced by them, including providing welfare assistance if needed. Motivational programs are also held to create awareness of the individuals concerned to leave the habit and the crime they did before this. At the same time, the ministry also welcomes the cooperation of public and non-governmental organizations (NGO) to be involved in programs like these to the ministry and the public to ensure that rehabilitation programs for those who successfully achieve the objectives of this restriction.

It is no doubt that the development of technological advances and current information, an individual who is subject to Restriction Orders are easy to contact friends of other accomplice through a communication tool. To overcome this problem, the Ministry is looking to amend the law on prevention and making improvements for more effective implementation. In addition, the cooperation of the public are also indispensable in providing any information to the police if there is among those who engage in activities that the restriction is unlawful, including outside the restrictions set.

In relation to the number of people who restricted in Kuala Langat District (including Banting), Selangor under preventive laws were 26 people on December 3, 2010. Of these, a total of 3 people found to have violated the conditions and found missing.

 

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