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Buang Negeri -- What law is this ?

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asked on Jun 28, 2017 at 06:20
by   jefflim
edited on Jul 4, 2017 at 05:41
 
A person sometimes is 'buang' from one state to another. What law is this? I'm interested to find out more.
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9 Answers

answered on Jun 28, 2017 at 14:00
by   jeff005
edited Jul 4, 2017 at 05:43
 
Why? You 'kena'?

This is not law but Police Standard Operating Procedures (SOP) under Internal Security Act. Pedophiles, suspected drugs pushers, gangsterism comes under this purview.
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answered on Jun 28, 2017 at 14:45
by   vkpc
Previously there were 2 laws allowing this, both laws have been repealed.
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answered on Jun 29, 2017 at 02:57
by   vkpc
The laws were

1. Restricted Residence Act 1933
2. Emergency Ordinance
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answered on Jun 29, 2017 at 04:03
by   jefflim
edited Jul 4, 2017 at 05:47
 
@vkpc,

Very good input. So now there is no such thing as 'Buang'.

1. Restricted Residence Act 1933 and the Banishment Act 1959.
    December 9, 2011, Friday confirmed abolished.

2.  Emergency Ordinance --- It is still in effect right?

Some people are detained because of gangsterism or stimulate violence. How about those illegal bookies (illegal casinos, 4D and football)? They fall into this?

The sentence to 'Buang' the person is for a maximum 2 years only. Detention maximum 30 days.

Extracts 
4. (1) If the Minister is satisfied that with a view to preventing any person from acting in any manner prejudicial to public order it is necessary that that person should be detained, or that it is necessary for the suppression of violence or the prevention of crimes involving violence that that person should be detained, the Minister shall make an order directing that that person be detained for any period not exceeding two years.
2) Every person detained in pursuance of an order made 

Lastly, for the 2 years, they are not imprisoned but will be forced to reside in other states.

Am I getting it right?
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answered on Jun 29, 2017 at 04:14
by   jefflim
Internal Security Act also abolished.

Date repealed
‎: ‎31 July 2012  Date enacted‎: ‎1960 (Act No. 18 of 1960); Revi...

Date passed‎: ‎22 June 1960
Territorial extent‎: ‎Malaysia
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answered on Jun 29, 2017 at 13:29
by   jefflim
edited Jul 4, 2017 at 05:49
 
From what I gathered, this will be the scenario for non-violent crime (gambling).

1. Detain in prison for max 30 days pending investigation.
2. Transfer to other states for maximum 2 years. No court or trial needed. No need to be in prison. Just don't return home.

After 2 years, can return back to original state (home).

Any comments from experts?
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answered on Jun 29, 2017 at 14:59
by   vkpc
Since ISA and Restricted Residence Act abolished, police no longer do this.
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answered on Jun 30, 2017 at 02:28
by   jefflim
edited Jul 4, 2017 at 05:50
 
Sounds logical... Never heard of this lately. Normally 'BUANG' cases are not even mentioned in courts or in the newspapers.
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answered on Jun 30, 2017 at 13:21
by   jefflim
edited Jul 4, 2017 at 05:53
 
I recheck... both these acts have been replaced with Security Offences (Special Measures) Act 2012 (SOSMA).

More accurately... the Prevention of Crime Act 1959 (POCA).
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