Tuesday, 22 May 2018

Establishment of the Advisory Board

Advisory  Board was established in accordance with the provisions of Clause (2) of Article 151 of the Federal Constitution in 1960, which is in line with the legistation on the Internal Security Act 1960.  At present, there are five Chairmen of the Advisory Board.  In each conference, the Advisory Board shall consist of a Chairman and two members and is assisted by a secretary / assistant secretary.

Each Chairman is appointed by the King Yang di-Pertuan Agong from among those who are or have been or are qualified to be, the Federal Court judge or the Court of Appeal judge or the High Court judge. Appointment of Advisory Board members also made by His Majesty the Yang di-Pertuan Agong and the qualifications are not set. However, the appointment’s criteria adopted are those that consist of retired civil servants on grade 48 and above and pass the security vetting. As with any court, immunity and protection given to the Chairman and members of the Advisory Board are clearly stated under the following section:


•    Section 13 of the LLPK

With this provisions serves an independent Advisory Board in performing its duties.  This situation is amplified when exercising its duties, the Advisory Board refer and utilize the following procedure:

•  Dangerous Drugs Rules (Special Preventive Measures) (Procedure of the  Advisory Board) 1987.

Paragraph (a) of Clause (1) Article 151 of the Federal Constitution provides that detainess who were detained under preventive laws are given the right:
•    Informed the grounds of detention
•    Given a copy of the allegation of fact under which the detention was founded
•    Informed his right to make representations to the Advisory Board

While under paragraph (b) of Clause (1) Article 151, stated that the detainees cannot be detained under preventive laws unless the Advisory Board has considered the representations made by the detainess and the Advisory Board has made recommendations to His Majesty the Yang di-Pertuan Agong within theree months from the date of receving the repersentation of the detainees or the longer period authorized by His Majesty the Yang di-Pertuan Agong.

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