Comparing EO, ISA and PCA
EMERGENCY ORDINANCE 1969
Any police officer can arrest and detain any person if he believes that there are grounds which will justify the detention under section 4 (1).
The detainee can be held for a period not exceeding 60 days without an order of detention.
If the Minister is satisfied that it is necessary that a person should be detained for the suppression of violence or the prevention of crime, he can make an order directing that person be detained for any period not exceeding two years.
Every such person shall be entitled to make representations against the order to an Advisory Board.
The Advisory Board will make recommendations to the Yang di-Pertuan Agong, who may give the Minister any directions he thinks fit. The King’s decision is final.
INTERNAL SECURITY ACT
If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the country’s security, essential services or economic life thereof, he may make a detention order directing that person be detained for any period not exceeding two years.
The Minister can order restrictions and conditions upon that person in respect of his activities, freedom of movement or places of residence or employment if it unnecessary to detain him— a restriction order. He can order that the person stay in a particular place and be indoors at specified hours, or prevent any travel.
Every restriction order shall continue in force for such a period, not exceeding two years and the Minister may direct that the duration of any detention or restriction order be extended for a further period, not exceeding two years.
PREVENTION OF CRIME ACT
Any person suspected of having committed a registrable offence can be made to appear before an inquiry. If found guilty, the person will be placed on a registry and be subjected to certain conditions like being attached with an electronic monitoring device or other conditions, such as a restriction on Internet use or meeting with other registered persons.
A detention order can only be applied if the inquiry has concluded that the registered person has committed two or more serious offences, or if he has contravened conditions of an earlier supervision order.
The detention order allows for incarceration without trial for a period not longer than two years. The order, however, can be extended by another two years by a three-member board, which will be headed by a Federal Court judge, a Court of Appeal judge or a High Court judge.
There can be no judicial review of the board’s decision or findings in the exercise of its discretionary powers. A judicial review is still possible on matters concerning the board’s compliance with procedural requirements.
The Minister is required to submit an annual report on all activities related to detention orders under this law to Parliament.