Monday, 19 November 2018

1. What is the Advisory Board?

Advisory Board was established under clause (2) of Article 151 of the Federal Constitution. At Present, there is only one preventive law made by the Parliament has to do with the role of the Advisory Board. The purpose of the Advisory Board is as the avenue for the detainees to make representation challenging the detention order.

2. What is the role of the Advisory Board?

The role of the Advisory Board is to consider the representation and subsequently make recommendations whether to continue the detention or otherwise to the Yang di Pertuan Agong within three months from the date of receiving the representation. The Advisory Board also revise the detention / restriction orders and then make recommendations to the Minister of Home Affairs whether the detention or restriction should continue or not.

3. Who is the Chairman of the Advisory Board?

Chairman of the Advisory Board is a person appointed by His Majesty the Yang Di-Pertuan Agong of those who are or have been or are qualified to be, Federal Court judge or the Court of Appeal judge or the High Court judge, or who has been a judge of the Supreme Court before the day of Malaysia.

4. Who is the Advisory Board Members?

Members of the Advisory Board are persons appointed by His Majesty the Yang Di-Pertuan Agong.

5. When the role of the Advisory Board begins?

The role begins when the Secretary of the Advisory Board received a Form 1 from the Pusat Pemulihan Akhlak.

6. What is "Tarikh Genap 3 (tiga) Bulan"?

"Tarikh Genap 3 Bulan" is the period provided in the law which starts from the date of receiving representations (Form 1) for the Advisory Board to hear and consider the representation of the detainees and make recommendations to the Yang Di-Pertuan Agong for his assent.

7. What is a Conference of Advisory Board?

Conference of Advisory Board is a proceeding to hear the representations of the detainees (or through counsel appointed), to consider representations and make recommendations to His Majesty the Yang di Pertuan Agong. An Advisory Board consists of a Chairman and two members. Proceeding before the Advisory Board is the only way to challenge the decision of the Minister in terms of law and facts. The preventive law do not give the detainees the right to challenge the decision of the Minister in court, except for matters of procedures’ compliances through a writ of habeas corpus.

8. When a Conference of Advisory Board held?

The date and place of the conference is determined by the Chairman of the Advisory Board and notification will be delivered to the detainee and his counsel (if any) in the form of notis pendengaran representasi i.e. Form 2.

9. How the Conference of Advisory Board work?

Conference of Advisory Board is held in camera. There is one procedure referred to and adopted by the Advisory Board in the exercise of its power i.e. Dangerous Drugs Rules (Special Preventive Measures) (Procedure of the Advisory Board) 1987.

10. What is the procedure to know the outcome of the representation before the Advisory Board?

The detainee will be informed of the outcome of the representation by the Ministry of Home Affairs.

11. What is the dress code during the Conference of Advisory Board?

Counsel shall dress according to the rules in force on them. For the police witnesses, they should be in civilian clothes. For public witnesses, they should be well-dressed, while for the detainees / prisoners they will be dressed in accordance with the existing regulations.

12. Lawyer: "I have been appointed by the detainee to represent him before the Advisory Board. What’s next should I do?

Advocate that are appointed by the detainee to represent him before the Advisory Board shall as soon as possible inform the Advisory Board and submit a copy of certificate of legal practice for record purposes. The Advisory Board will inform the date and venue of the Conference of Advisory Board through Form 2(Represetation) or Form 3(Revision).

13. Can the public be the witness at the hearing of representations?

For the public who is required by the detainee as his witness, the lawyer / detainee shall give the witness’s details to Pusat Pemulihan Akhlak / Tempat Tahanan Perlindungan i.e. name, identification card number and the relationship / relevancy of the witness to the case for the purpose to enter the respective detention center.

14. If a witness is from among the detainees themselves / casemate, what should be done?

For a witness who is serving a detention order, or sentence, or remand, or restriction order, or suspension of detention order and wanted by the detainee to give evidence, the lawyer / detainee shall deal directly with the relevant authorities for them to appear before the Advisory Board.

15. What is the process to apply for subpoena?

Subpoena will be issued only to a completed application including name, identification number, address of the witness and the relevancy of the witness to the case and an undertaking to bear the costs of travel, meals and accommodation of the witness. Application to the Advisory Board shall be made at least seven (7) days before the hearing date.

16. How many copies of the documents required during the representation before the Advisory Board?

Counsel shall provide four (4) copies of the documents or the bundle of authority for ease of reference of the Chairman, two members and operating officer of the case during the hearing.

17. If there is a need to postpone the hearing date before the Advisory Board, what should be done?

Counsel / detainee shall make every effort to be ready for hearing on the appointed day. Counsel / detainee shall apply for a postponement of the case set for hearing only on good reason.

18. How does family of the detainee can appeal to the Advisory Board?

Family of the detainee can appeal directly to the Bahagian Keselamatan dan Ketenteraman Awam , Ministry of Home Affairs or directly to the Minister of Home Affairs.

19. How the application of visit by family of the detainee be made?

Family of the detainee should contact the Pusat Pemulihan Akhlak concerned.

20. Who is the operating officer of the case before the Advisory Board?

Operating officer of the case is a police officer representing the Ministry of Home Affairs.

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