TOPIC 1:

CONSTITUTIONAL
LAW II
POLICE :
O R G A N I S AT I O N , F U N C T I O N S , C O N T R O L S ,
COMPLAINTS.
INTRODUCTION

- One of the main function of a police officer is to ensure that peace is preserved.
- Police officers are legally appointed persons who are given the special duty of preserving peace.
- The main piece of legislation that regulates their powers is the Police Act 1967 (PA). This Act
came into force in August 1967 and it was amended in 1987 Police (Amendment) Act and was
subsequently revised in 1988. The different ranking of police officers is contained in s2 of the
Act.
- The police officers, like immigration officers and other enforcement officers often receive their
directions from the executive.
- A police officer is likened to a citizen in uniform. Though every citizen have the power to arrest
without a warrant and to use reasonable force in the
prevention of crime, the police are the specialists.
- Police officers are not above the law and if they exceed their authority, they
can be prosecuted in the ordinary courts according to the general principles
of civil and criminal liability.
INTRODUCTION

- Three major aspects in relation to the Police Act 1967 has to be dealt with :
i) Police powers : the Act ensures that the police officers have powers to ensure that the public obeys the
law. It must be understood that the police
play a vital role in ensuring that the law is obeyed so as to maintain peace
and order in the country without which the citizens can not enjoy their most
fundamental rights and liberties.
ii) Control of the Police powers : the discussion looks at the provisions which control the actions of the
police officers in order to prevent an abuse of powers. Though the police officer is given discretionary
and arbitrary powers to act in performing their function, such powers can not be unlimited
in nature and has to be subjected to control.
iii) Consequences of acting beyond powers : the discussion looks at certain provisions which state the
consequences if these officers do not act within their powers.
I) POLICE POWERS

- Their primary function of the police force is to ensure that people follow the
law. In order to do so, police officers have been conferred with powers under
the Act. As such, the main focus here will be in relation to the powers
conferred by the Act on the police officer.
- The powers of police officers are contained under Part VII of the Act, found
under ss19-37.
- The powers conferred on a police officer can be divided into
A) General powers
B) Specific powers.
I) POLICE POWERS

• A) GENERAL POWERS

- S 19 states that police officers are always under a statutory duty to act .
S 19 : Every police officer, extra officer and watch constable shall, for
the purposes of this Act, be deemed to be always on duty when required to act as such and shall perform the duties and exercise the powers
granted to him under this Act or any other law at any place in Malaysia where he may be doing duty.
• Police must always ready to act
• Prepared to work for extra shifts and hours
• Duties in pursuance what has been described under the Act

- s20 also confer essential duties on a police officer

S 20 (1) Every police officer shall perform such duties and exercise such powers as are by law imposed or conferred upon a police officer, and shall
obey all lawful directions in respect of the execution of his office which he may from time to time receive from his superior officers in the Force.
• Must follow orders from superior officer, eventhough not not from a direct superior officer.
• Must Act under orders.
I) POLICE POWERS

S20(2) : Where any duty, power or discretion is imposed or conferred by or under this Act or any other
law on a police officer of any specified rank or holding any specified office, such police officer shall,
in the performance of such duty or the exercise of such power or discretion, be subject to the orders
and directions of any police officer to whom he is directly subordinate, and any such last mentioned
police officer, if the occasion arises and he deems it expedient so to do, shall himself perform any such
duty or exercise any such power or discretion.
• Orders from direct superior must be followed
• Direct Superior must attend by himself if necessary

S20(3) : Without prejudice to the generality of the fore-going provisions or any other law, it shall be
the duty of a police officer to carry out the purposes mentioned in section 3(3); and he may take such
lawful measures and do such lawful acts as may be necessary in connection therewith, including-
(a) apprehending all persons whom he is by law authorized to apprehend;
I) POLICE POWERS

(b) processing security intelligence;

(c) conducting prosecutions;
(d) giving assistance in the carrying out of any law relating to revenue,
excise, sanitation, quarantine, immigration and registration;
(e) giving assistance in the preservation of order in the ports, harbours and
airports of Malaysia, and in enforcing maritime and port regulations;
(f) executing summonses, subpoenas, warrants, commitments and other
process lawfully issued by any competent authority;
(g) exhibiting information;
(h) protecting unclaimed and lost property and finding the owners
thereof;
(i) seizing stray animals and placing them in a public pound;
(j) giving assistance in the protection of life and property;
(k) protecting public property from loss or injury;

• Citizen arrest? Not bound to arrest. Police? Statutory duty to apprehend.

I) POLICE POWERS

(l) attending the criminal courts and, if specially ordered, the civil courts, and
keeping order therein; and
(m) escorting and guarding prisoners and other persons in the custody of the
police.

S20(4) : A police officer shall when performing the duties mentioned in subsection (3)(m) be
deemed to be a prison officer, and shall have all the powers, protection and privileges attaching to
a prison officer.
I) POLICE POWERS

• B) SPECIFIC POWERS

- The Act confers powers on police officers to carry out specific acts and students should be familiar with
some of these provisions.

(i) Duty on public roads :

S21 allows police officers to carry out duties to ensure that the roads used by the public are safe.

S21 (1) : It shall be the duty of police officers-

(a) to regulate, control and divert any traffic;
(b) to keep order on public roads, streets, thoroughfares and landing
places, and at other places of public resort and places to which the
public have access; and
(c) to prevent obstruction on the occasions of assemblies and processions on
public roads and streets, and in any case, when any road, street,
thoroughfare, landing place or ferry may be thronged or liable to be
obstructed.
I) POLICE POWERS

S21(2) : Any person who obstructs, opposes or disobeys any reasonable direction given by any
police officer in the performance of his duties under this section shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding two hundred ringgit or to imprisonment for a
term not exceeding three months or to both.

S21(3) : Any person who commits an offence under this section may be arrested without warrant
unless he gives his name and address and otherwise satisfies the police officer that he will duly
answer any summons or other proceedings that may be taken against him.

• Obstruct, oppose, disobey, can be arrested without warrant unless give personal details.
I) POLICE POWERS

(ii) Power of police officers to inspect licences, vehicles, etc.

S24 grants police officers the power to stop, to check vehicles and the owners of these vehicles at any time
while they are the road.

S24(1) : Any police officer may -

(a) stop and detain any person-
(i) whom he sees doing any act or who is in possession of anything; or
(ii) whom he has reasonable grounds for suspecting is doing any act or is
in possession of any thing;
for which a licence, permit or authority is required under the provisions of
any law in force, for the purpose of requiring such person to produce such
licence, permit or authority;

• S. 24(1) = Stop & Detain

• Refers to possession; example: Ali possessed a Tiger, but Ali licensed to possessed it.
I) POLICE POWERS

(b) stop and search without warrant any vehicle or vessel which he has
reasonable grounds for suspecting is being used in the commission of any
offence against any law in force:
Provided that such vehicle or vessel shall not, subject to the provisions of subsection (4), be detained longer than is reasonably necessary
to complete such search.

S24(2) : Any person who fails to produce a licence, permit or authority under subsection (1)(a) when called upon by a police officer so to
do may be arrested without warrant unless he gives his name and address and otherwise satisfies the police officer that he will duly answer
any summons or other proceedings that may be taken against him.

S24(3) : Any person who fails to obey any reasonable signal of a police officer, requiring any person to stop any vehicle or vessel under
the provisions of subsection (1) or who obstructs any police officer in the execution of his duty being exercised under the provisions of that
subsection, shall be guilty of an offence under this Act and any police officer may, without warrant, arrest any such person unless he gives
his name and address and otherwise satisfies the police officer that he will duly answer any summons or other proceedings that may be
taken against him.

• S24(1) (b) = Stop and search – for suspecting of commission of any offence; vehicle used for murder etc.
• Cannot detain longer than necessary
• S24(2), Refer to 24(1)(a) = fail to produce license , can be arrested without warrant
• S24(3) : fails to obey reasonable signal by police, guilty for an offense.
I) POLICE POWERS

S24(4) : Any police officer may cause any vehicle or vessel, which he has reasonable grounds to suspect has been
used in the commission of an offence against any law in force or to be evidence of the commission of any such offence,
to be moved to the nearest Police District headquarters or other convenient place, and the Officer in Charge of such
Police District may there upon cause such vehicle or vessel there to be detained, pending enquiries, for a period not
exceeding forty-eight hours, or if, within that period, there are commenced proceedings in respect of any such offence
in which the vehicle or vessel is liable to forfeiture under any law or may properly be produced in evidence, until the
final determination of those proceedings:

Provided that the Officer in Charge of such Police District may, notwithstanding the provisions of this subsection,
direct the release of any such vehicle or vessel where he is satisfied that the owner or person in charge of such vehicle
or vessel will duly produce such vehicle or vessel before the court when required, and for such purpose may require
such owner or person to execute such bond or deposit such security as he may deem reasonable.
• Reasonable ground of suspicion, can be detain for 48 hours at the Police station
• OCPD will determine to detain or not, can keep it longer if in use as evidence in court
• OCPD may order release on bond.

S29 also gives additional powers to officers to make rules and orders for the
purpose of controlling the traffic. Such rules and orders can be done only
with consent of the Chief Minister or the Mentri Besar.
I) POLICE POWERS

(iii) Powers to search and detain aircraft.

Found under s25

(iv) Powers to control any assembly, meeting or procession.

S27 allows the police to maintain public order.
\
S27(1) : Any Officer in Charge of a Police District or any police officer duly authorized in writing by him may direct,
in such manner as he may deem fit, the conduct in public places in such Police District of all assemblies, meetings and
processions, whether of persons or of vehicles and may prescribe the route by, and the time at, which such assemblies or
meetings may be held or such procession may pass.

• S27 PA is already replaced with PAA 2012.

• S27(1) : OCPD may regulate conduct of meetings and public places + can instruct time, date place to assemble.
I) POLICE POWERS

S27(2) : Any person intending to convene or collect any assembly or meeting or to form a procession in any public place aforesaid, shall
before convening, collecting or forming such assembly, meeting or procession make to the Officer-in-Charge of the Police District in
which such assembly, meeting or procession is to be held an application for a licence in that behalf, and if such police officer is satisfied
that the assembly, meeting or procession is not likely to be prejudicial to the interest of the security of Malaysia or any part thereof or to
excite a disturbance of the peace, he shall issue a licence in such form as may be prescribed specifying the name of the licensee and
defining the conditions upon which such assembly, meeting or procession is permitted:

Provided that such police officer may at any time on any ground for which the issue of a licence under this subsection may be refused,
cancel such licence.

• Provided that, must not be prejudicial against the security, then license can be given.
• Police can cancel the license on their discretion

(2A) : An application for a licence under subsection (2) shall be made by an organisation or jointly by three individuals.
• 3 individual or a organization

(2B) : Where an application is made jointly by three individuals, the police officer to whom the application is made shall refuse the
application if he is satisfied that the assembly, meeting or procession for which a licence is applied is in actual fact intended to be
convened, collected or formed by an organisation.
• Must be a registered organization.
I) POLICE POWERS

(2C) : Where an application is made jointly by three individuals, the police officer issuing the licence shall specify in the licence, the names
of those persons as licensees.

(2D) : No licence shall be issued under subsection (2) on the application of an organisation which is not registered or otherwise recognised
under any law in force in Malaysia.
• Not registered, no license granted

S27(3) : Any police officer may stop any assembly, meeting or procession in respect of which a licence has not been issued or having been
issued was subsequently cancelled under subsection (2) or which contravenes any of the conditions of any licence issued in respect thereof
under that subsection; and any such police officer may order the persons comprising such assembly, meeting or procession to disperse.
• If license not being issued, or being canceled, Police can order to disperse.

S27(4) : Any person who disobeys any order given under the provisions of subsection (1) or subsection (3) shall be guilty of an offence.

(4A) Where any condition of a licence issued under the provisions of subsection (2) is contravened, the licensees shall be guilty of an
offence.
I) POLICE POWERS

S27(5) : Any assembly, meeting or procession-

(a) which takes place without a licence issued under subsection (2); or
(b) in which three or more persons taking part neglect or refuse to obey any order given
under the provisions of subsection (1) or subsection (3),
shall be deemed to be an unlawful assembly, and all persons attending, found at or taking part in such assembly, meeting or
procession and, in the case of an assembly, meeting or procession for which no licence has been issued, all persons taking part
or concerned in convening, collecting or directing such assembly, meeting or procession, shall be guilty of an offence.
• Assembly without license will be regarded as unlawful assembly.
• Including not just organizers, but participants as well.

(5A) In any prosecution for an offence under subsection (5) of attending, being found at or taking part in an assembly, meeting
or procession which is an unlawful assembly, it shall not be a defence that the person charged did not know that the assembly,
meeting or procession was an unlawful assembly or did not know of the facts or circumstances which made the assembly,
meeting or procession an unlawful assembly.
• Have no knowledge that it is unlawful, but participate it = Guilty.

(5B) In any prosecution for an offence under subsection (5) of attending or being found at an assembly, meeting or procession
which is an unlawful assembly, it shall be a defence that the presence of the person charged came about through innocent
circumstances and that he had no intention to be otherwise associated with the assembly, meeting or procession.
• Innocent if; have no intention to join the assembly, but caught in the middle of assembly.
I) POLICE POWERS

(5C) For the purposes of subsection (5), where it appears from all the circumstances relating to an assembly, meeting or procession that it
was convened, collected or directed by or with the involvement, participation, aid, encouragement, support or connivance of an
organisation, every member of the governing body of the organisation shall be deemed to have taken part or been concerned in
convening, collecting or directing the assembly, meeting or procession unless he proves that he did not know nor had any reason to
believe or suspect that the assembly, meeting or procession was going to take place or, if he knew or had reason to believe or suspect as
aforesaid, he had taken all reasonable steps to prevent the assembly, meeting or procession from taking place or, if it was not reasonably
within his power to so prevent, he had publicly objected to or dissociated himself from the convening, collecting or directing of the
assembly, meeting or procession.

• All members of the organization will be guilty

• Defence: 1) no prior intention of joining such assembly
2) took all the measures to prevent the assembly from materialize
3) Publically objected the assembly

S27(6) : Any police officer may, without warrant, arrest any person reasonably suspected of committing any offence under this section.

S27(7) : Any person aggrieved by the refusal of the Officer-in-Charge of a Police District to issue a licence under subsection (2) may
within forty-eight hours of such refusal appeal in writing to the Commissioner or Chief Police Officer; and the decision of the said
Commissioner or Chief Police Officer thereon shall be final.
I) POLICE POWERS

S27(8) : Any person who is guilty of an offence under this section shall be liable on conviction to a fine of not less than two
thousand ringgit and not more than ten thousand ringgit and imprisonment for a term not exceeding one year.

(8A) Sections 173A and 294 of the Criminal Procedure Code shall not apply in respect of an offence under this section.

Note :

S27 gives police powers to stop certain activities which take place other
than in a public place.
S27B gives additional powers to them to stop any form of violence for
taking place for it the section allows the use of force in dispersing or
arresting persons pursuant to section 27 or 27A.
S28 allows the police to regulate the playing of music in public places.
I) POLICE POWERS

S30 allows the officers to control the display of flags, under this section,
they could prohibit the display of flags or other such items and also
stop the usage of loud speakers. This section may be invoked in times
campaigning if it is found that the campaigning is getting out of hand.
S31 gives police the powers to require the citizens to remain indoors,
if it is deemed to be necessary.
I) POLICE POWERS

• Peaceful Assembly Act 2012 (Amendment 2019)

– Previously, governed by s.27 of Police Act but replaced by PAA 2012.
– The former S.27 PA governs matters relating to Powers to control any assembly,
meeting or procession, which are vested to the Police.
– However after much protest, (Bersih Rally) : government had tabled PAA 2012 to
replaced S.27 of PA
– The objective was to ensure better exercise for democratic protest.
– However the PAA was heavily criticized as it seems to defeat its purpose;
provisions cracking down on right to protest instead of safeguarding it.
– Today, S27 was deleted as it being replaced by PAA 2012
– Some amendments being made in 2019 by removing several features of the
original Act. Particularly on Street protest.
I) POLICE POWERS

• Peaceful Assembly Act 2012 (Amendment 2019)

– S.4 (1) Peaceful assembly w/o arms is allowed to be organized or to be participated except:
• Non citizen
• Held at or within 50metres of prohibited places
• Street protest (removed by amendment 2019)
• Cannot organized by person below 21
• Cannot participated by children
– S.4(2) – commit offence if violates S.4(1) + recruited child to participate
– S.6(1)&(2) responsibilities of organizers:
• Complience with the act
• Not to promote ill will or hatred among public
• Ensure participant not commit offence under law
• Must give notification to OCPD + follow conditions imposed
• Appoints persons to in charge of conduct of assembly
• Co-operate with public authorities
• Assembly not endanger health + property
• Not cause inconvenience to public at large
• Clean up place after assembly
• Counter assemblies? Ensure not to prevent other assembly.
I) POLICE POWERS

• Peaceful Assembly Act 2012

– S.7: responsibilities of Participant
• Refrain from:
– Preventing any assembly
– Offensive or abusive
– Making statement that will promote ill will and hatred among public
– Causing damage to property
– Comitting offence under any written law
• Must follow orders of Police+ organizers
– S.8 : Police may take measure as he deems necessary
I) POLICE POWERS

• Peaceful Assembly Act 2012

– PART IV : Requirement on Oganizing assembly
• S.9 (1) : inform OCPD 10 days 5 Days before assembly (changed by amendment 2019)
• S.10 : notification shall be:
– In form in 4th Schedule
– Signed by organizer
– Signed cponsent by owner of the place
– And other particulars decribes under the act. (name/address/speakers name/ etc)
• S.11 : other than religious assembly, must have consent of the owner of the place
• S.14: OCPD must respond in 5 days (3 Days) ; (2) no response? Proceed. (changed by amendment 2019)
• S.15(1) : OCPD may impose restrictions. (2); place, time, manner, conduct, etc
• S.16: can appeal against restrictions to minister within 48hrs. 24 hours. (changed by amendment 2019)
I) POLICE POWERS

• Peaceful Assembly Act 2012

– S.20 : Police can arrest : (2) police must before arrest takes necessary measure to ensure voluntary complience
• Not comply with restrictions,
• Possession of arms
• Brings child
– S.21(1) Power to disperse if:
• Prohibited place/within 50m of prohibited place
• Street protest (removed by amendment 2019)
• Promote ill will among public
• Commit offence under any written law
• Do not comply with restrictions
• Particpant engaging violance
• S.21(2) May disperse by using all reasonable force
II) CONTROL OF POLICE POWERS

- It is essential that there are provisions

which control the police in the exercise of their powers.
- Such limitations of powers are mainly to ensure that the police officers do not abuse the
powers vested onto them and they do not commit offences.
- Laws may not provide absolute prevention but there are meant to maintain good discipline
and it is believed that good discipline keeps bad practices, habits and offences at bay.
- Serious offences which the Act tries to prevent include desertion(s86) and mutiny(s87).
The term “desertion” is found under S86 and the term “mutiny” is considered under S87
respectively.

S86 (1) : Any police officer who, without reasonable cause, the onus of proof whereof shall rest with him, absents
himself from duty for a continuous period of twenty-one days or in circumstances which show that he has the
intention of not returning to his duty shall be deemed to have deserted, and shall be guilty of an offence and shall
be liable on conviction to imprisonment for a term not exceeding twelve months.
– Absent for 21 days. Guilty, can be imprisoned unless have a valid excuse
II) CONTROL OF POLICE POWERS

S86(2) : Where a person has been convicted under this section, the Disciplinary Authority may direct that all arrears of pay due to such person be
forfeited.

• Can be sent to disciplinary authority.

S86(3) : In subsection (1) the expression "police officer" includes an extra police officer, a member of the Police Reserve and Police Volunteer
Reserve when mobilised under this Act and any member of the police force of another territory present in Malaysia under this Act.
• Even foreign Police are subjected to this act if commit desertion in Malaysia

S87 : Any police officer who causes, incites, or joins in any mutiny or disaffection in the Force or conspires with any other person to cause such
mutiny or disaffection, or does not use his utmost endeavor to suppress any such mutiny or disaffection or, having knowledge of any mutiny or
disaffection or intended mutiny or disaffection, does not, without delay, give information thereof to the police officer to whom he is subordinate,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years.
• About mutiny:
– Police caused/incite mutiny = guilty
– Not incite, but know, but did not stop it = Guilty
– Know, but not reporting it = Guilty

S88 makes it an offence for one to cause dissatisfaction among the members of the police force. It must however, be mentioned that these sections have
not been commonly invoked in Malaysia.
III) CONSEQUENCES OF ACTING BEYOND POWERS

- Art. 132 of the Federal Constitution states that public services include the police force
- Obliged to follow executive, because part of public services
- S74 and S96 collectively state that the Yang di-Pertuan Agong has the discretionary powers to make regulations with
reference to police discipline and such regulations could be inconsistent to those provisions under the Police Act 1967.
s74 : All members of the Force shall be subject to the provisions of regulations relating to discipline as may from
time to time be made by the Yang di-Pertuan Agong under Article 132(2) of the Federal Constitution or under
section 96 of this Act.

- S97 allows the Inspector General of Police to pass standing orders if the
need arises.
S97 : The Inspector-General may issue administrative orders, to be called "Standing Orders", not inconsistent
with this Act or of rules or Police Regulations made thereunder, for the general control, direction and information
of the Force and of all bodies established or raised for police duties under this Act.
– IGP can pass standing order; but must consistent with this act
III) CONSEQUENCES OF ACTING BEYOND POWERS

- S75 allows a fine to be imposed on a police officer.

S75 : All fines imposed by or under the authority of the Disciplinary Authority in respect of offences against discipline shall be recovered by
stoppage from the pay, less allowances and trade pay, due, or to become due, to the offender :
Provided that such stoppage shall not in any case exceed one seventh of the monthly pay, less allowances and trade pay, of the offender, and, if
more than one order of stoppage of pay is in force at one time against the offender, so much only of his pay shall be stopped as shall leave him at
least three-quarters of such pay, not including allowances and trade pay.
• Punishment for Police officer
• Sent to disciplinary board
• Must not exceed 1/7 of his monthly pay
• All fines combined, must not be more than ¼ of his pay

- S76 : No pay or allowance, including trade pay but excluding rent allowance shall accrue to any police officer in respect of any period during
which he is absent from duty without leave or good cause, or is undergoing any sentence of imprisonment:
Provided that the Disciplinary Authority may, in its discretion, authorise the payment of such proportion of pay, allowances and trade pay, not
being more than one half, as it may think fit.
• Remove pay for absent days
• Can pay, but not more than ½ of his pay.
III) CONSEQUENCES OF ACTING BEYOND POWERS

- S94 imposes a general penalty if no other

penalty is applicable.
S94 : Any person who is guilty of an offence under this Act for which no other penalty is expressly
provided shall be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not
exceeding six months or to both.

- S92 prohibits police from being trade union members or members to any political
parties.
- There are also provisions to ensure that police officers are responsible for their
actions. An officer can be stopped from carrying out his duties if there are
complaints against him.
III) CONSEQUENCES OF ACTING BEYOND POWERS

S78 (1) : If it deems necessary in the public interest that a police officer should cease to exercise the powers and functions of
his office instantly, the Disciplinary Authority may interdict from duty such police officer, pending any enquiry into the
conduct of such police officer under the provisions of this Act or of any Police Regulations made thereunder or of any
regulation or order applicable to other officers of corresponding status in the public service.
• Pending enquiry, cannot exercise his police powers

S78(2) : The powers, privileges and benefits vested in a police officer interdicted under subsection (1) shall during his
interdiction be in abeyance:
Provided that such police officer shall continue to be subject to the same authority and discipline as if he had not been
interdicted and he shall not by reason only of such interdiction cease to be a police officer.
• He is however still a police officer; must follow all the laws and regulations.

S78(3) : During any period in which a police officer is under interdiction awaiting trial or disciplinary proceeding resulting
in a conviction or a finding of guilt he shall receive one half of his pay and allowances, save that rent allowances shall be paid
in full. No trade pay shall accrue during any period of interdiction:
Provided that the Disciplinary Authority may, in its discretion, authorise the payment of such higher proportion of pay and
allowances as it shall think fit.
• During disciplinary proceedings, only received half-payment.
III) CONSEQUENCES OF ACTING BEYOND POWERS

- Note also S79

S79 (1) : A Commanding Officer may convene a Committee of Enquiry to enquire into the death or injury of any police
officer or into the loss of or damage to any property entrusted to or lawfully in the possession of the Force. Such
Committee of Enquiry shall consist of a President, who shall be a senior police officer not below the rank of Assistant
Superintendent, and one or more members, as the Commanding Officer may direct.

S79 (2) : A Committee of Enquiry convened under subsection (1) to enquire into the death or injury of a police
officer shall be empowered to make findings and recommendations as follows:
(a) whether the deceased or injured person was on duty at the time of such death or injury;
(b) whether the death or injury was directly attributable to the nature of the duty on which
the deceased or injured person was engaged;
(c) whether the death or injury was due to the default of the deceased or injured
person;
(d) whether a pension, gratuity or allowance should be paid in accordance with the
provisions of Rules made under this Act or the provisions of any other written law;
III) CONSEQUENCES OF ACTING BEYOND POWERS

(e) whether any action is necessary to prevent the future occurrence of similar death or
injury to other police officers.

S79 (3) : A Committee of Enquiry convened under subsection (1) to enquire into any loss of or damage to any property
entrusted to or lawfully in the possession of the Force shall make findings and recommendations to the Commanding Officer
as follows:
(a) estimated cost of loss or damage;
(b) individual responsibility for such loss or damage;
(c) action necessary to prevent the future occurrence of similar loss or damage;
(d) the manner in which the cost of such loss or damage may be recovered or made good to the lawful owner of such
property.

s79 (4) : In this section the expression police officer" includes all persons appointed or engaged for police duties under the
provisions of this Act; and the expression "the Force" includes all bodies established or raised for police duties under the
provisions of this Act.
CONCLUSION

- It must be noted that this is not the only piece legislation that gives powers to police officers
nor is it the only Act that limits their powers. There are many other laws such as the Public
Order (Preservation) Act 1958 which was revised in 1983 that gives power to police officers.
Besides the provisions under this Act, there are other rules and regulations that limit their
powers as well. For instance the Prisons Regulations 2000 dictates powers of the police with
reference to prisoners and the consequences of abuse of such powers.

Relevant Cases
• ZALI SHARIFF v. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA &
ANOR [2004] 5 CLJ 296. 
• NALLAKARUPPAN SOLAIMALAI v. KETUA PENGARAH PENJARA, MALAYSIA &
ORS [1999] 1 CLJ 665. 
• HU SEPANG v. INSPECTOR KEONG ON ENG & ORS [1991] 2 CLJ 739 (Rep) [1991] 2