ORDINAN DARURAT (KEHADIRAN WAJIB PESALAH-PESALAH) (PINDAAN) 2021

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Ordinan ini bolehlah dinamakan Ordinan Darurat (Kehadiran Wajib

Pesalah-Pesalah) (Pindaan) 2021.

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Ordinan ini mula berkuat kuasa pada 16 April 2021.

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Pindaan seksyen 4 2.

Akta Kehadiran Wajib Pesalah-Pesalah 1954 [Akta 461], yang disebut “Akta”

dalam Ordinan ini, dipinda dengan menggantikan seksyen 4 dengan seksyen yang berikut:

“Appointment of officers to be in charge of Centres

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For the purposes of this section, “Officer in Charge” shall have the same meaning as assigned to it in the Prison Act 1995 [Act 537].”.

Seksyen baharu 4A

dengan menggantikan subseksyen (1) dengan subseksyen yang berikut:

“(1)

Where a person who resides within the prescribed distance from a Centre—

has been convicted of an offence for which he is liable to be sentenced to imprisonment for a period not exceeding three years; or

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is liable to be committed to prison for failure to pay a fine or debt, the Court may, instead of such sentence or committal, make a Compulsory

Attendance Order requiring such person to attend daily at a Centre to be specified in such Order and to undertake compulsory work for a period not exceeding twelve months and for such number of hours each day not exceeding four as may be specified in such Order, and may, for further ensuring due compliance with such Order, require the offender to enter into a bond with or without sureties.”; dan

dengan memasukkan selepas subseksyen (1) subseksyen yang berikut:

“(1A)

The Court, when making the Compulsory Attendance Order under subsection (1), shall consider the character of such person, the nature and seriousness of the offence or the circumstances of such person’s failure to pay, as the case may be, and all the other circumstances of the case.”.

Seksyen baharu 5A

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Perkara 150

Perlembagaan Persekutuan]

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EMERGENCY (OFFENDERS COMPULSORY ATTENDANCE)

An

Ordinance promulgated by the

Yang di-Pertuan

Agong pursuant to

Clause (2B) of Article 150 of the Federal Constitution.

[16 April 2021]

WHEREAS by reason of the existence of a grave emergency threatening the security, economic life and public order of the Federation arising from the epidemic of an infectious disease, namely Coronavirus Disease 2019 (COVID-19), a Proclamation of Emergency has been issued by the Yang di-Pertuan Agong under Article 150 of the

Federal Constitution on the eleventh day of January, two thousand twenty one:

AND WHEREAS the Yang di-Pertuan Agong is satisfied that immediate action is required to amend the Offenders Compulsory Attendance Act 1954:

IT IS HEREBY PROMULGATED AN ORDINANCE by the Yang di-Pertuan Agong pursuant to Clause (2B) of Article 150 of the Federal Constitution as follows:

Short title and commencement 1.

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This ordinance may be cited as the Emergency (Offenders Compulsory

Attendance) (Amendment) Ordinance 2021.

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This Ordinance comes into operation on 16 April 2021.

Amendment of section 4 2.

The Offenders Compulsory Attendance Act 1954 [Act 461], which is referred to as the “Act” in this Ordinance, is amended by substituting for section 4

the following section:

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“Appointment of officers to be in charge of Centres

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For the purposes of this section, “Officer in Charge” shall have the same meaning as assigned to it in the Prison Act 1995 [Act 537].”.

New section 4A

by substituting for subsection (1) the following subsection:

“(1)

Where a person who resides within the prescribed distance from a Centre—

has been convicted of an offence for which he is liable to be sentenced to imprisonment for a period not exceeding three years; or

is liable to be committed to prison for failure to pay a fine or debt,

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the Court may, instead of such sentence or committal, make a Compulsory

Attendance Order requiring such person to attend daily at a Centre to be specified in such Order and to undertake compulsory work for a period not exceeding twelve months and for such number of hours each day not exceeding four as may be specified in such Order, and may, for further ensuring due compliance with such Order, require the offender to enter into a bond with or without sureties.”; and

by inserting after subsection (1) the following subsection:

“(1A)

The Court, when making the Compulsory Attendance Order under subsection (1), shall consider the character of such person, the nature and seriousness of the offence or the circumstances of such person’s failure to pay, as the case may be, and all the other circumstances of the case.”.

New section 5A