There have been many viral stories in the past about Malaysians finding themselves in trouble with the authorities for not having their identity card (IC) or MyKad with them when going out.
Previously, we shared how a 27-year-old man was fined RM2,000 for failing to produce his MyKad to police officers in Sibu, Sarawak. He ended up being jailed for 1 month after failing to pay the fine.
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Besides that, another Malaysian man shared how he was jailed 4 days for not having his temporary IC with him while going to a mall in Klang, Selangor.
Despite the seemingly harsh penalties both men received for not having their MyKad with them, the punishments meted to them were actually quite lenient. This is because the regulation which governed the offence prescribed a punishment of up to 3 years in jail or a fine of up to RM20,000.
Furthermore, the parent Act of the regulation actually allows for even harsher punishments, up to a whopping 5 years in jail, RM50,000 fine or both!
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In the past, this law has been met with controversies and criticisms, notably from the then Member of Parliament (MP) for Ipoh Barat M Kula Segaran back in 2006. Despite this, the law is still in place and applicable to this day.
So, what is this law and what does it entail? Here’s everything you should know:
The National Registration Act 1959 and National Registration Regulations 1990
Speaking to WORLD OF BUZZ, experienced lawyer Ahmad Danial bin Mohd Azlan, a partner of Kuala Lumpur-based law firm ADIL Legal elaborated that in Malaysia, provisions and regulations relating to MyKads are governed under the National Registration Act 1959.
Specifically, Section 6(2) of the Act gives the Home Minister the power to, among others, make regulations for the impositions or penalties for any contravention of any regulations, with Subsection (2)(u) further prescribing that the penalty can be up to RM50,000 fine, jail of up to 5 years or both.
Danial said that one such regulation under this parent Act is the National Registration Regulations 1990, which, under Regulation 6 below, establishes that an individual for whom an identity card has been issued must at all times carry with them the identity card and, subject to the provision of the Regulations, be responsible for the custody of the identity card.
Moreover, Regulations 7(1) and 7(1A) below give the authority to any registration officer, police officer, customs officer or any member of the Armed Forces while on sentry or prowler duty or any other officer or class or description of a public officer authorised in writing on that behalf by the Director General to inspect the identity of any person.
However, there are specific persons exempted from the above regulation, as listed under Regulation 27 below:
Up to 5 years imprisonment, RM50,000 fine or both for not carrying your MyKad with you at all times
With that in mind, the punishment for offences of not having your MyKad with you is prescribed under Regulation 25 of the National Registration Regulations 1990 below, which is imprisonment of up to 3 years or a fine of up to RM20,000.
However, Danial clarified that under Section 6(2)(u) of the parent Act, the National Registration Act 1959, the Home Minister is allowed to impose penalties for any contravention of any regulations under the Act with the penalty of up to RM50,000 fine, jail of up to 5 years or both.
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What does this all mean? Well, simply put, please make sure to always bring your MyKad with you wherever you go or face the potential penalties as prescribed by the aforementioned laws and regulations.
So, what do you guys think of the National Registration Act 1959 and its regulations? Share your thoughts with us in the comments!
Also read: Bank Negara Now Requires All Money Changers in Malaysia to Record Full Name & IC Number of Customers
