b) Is Ah Chan obliged to present himself at the police station as directed by Sergeant

Neutron? Discuss.

The issue is whether Ah Chan is under a legal obligation to be present at Section 2

Police Station in Shah Alam as directed by Sergeant Neutron in order to enable Inspector
Proton to further question him regarding the snatch thief under Section 111 of the Criminal
Procedure Code (CPC)?

Pursuant to Section 109(1) of the Criminal Procedure Code, any police officer not
below the rank of Sergeant or any officer in charge of a police station may without the order
of the Public Prosecutor exercise all or any of the special powers in relation to police
investigations in any seizable case. The power of the police to conduct investigation in
seizable offences is also enshrined in Section 110(1) of the CPC which provides that the
police officer who is not below the rank of Sergeant or an officer in charge of a police station
shall proceed in person or depute one of his subordinate officers to proceed to the scene of
the crime to inquire into the facts and circumstances of the case and to take measures to arrest
the offender. This is illustrated in the case of PDRM V Audrey Keong Mei Cheng [1994]
MLJ 296, where it involves an accused person who is alleged to have committed criminal
breach of trust under Section 409 of the Penal Code which is a seizable offence. One of the
issues that the court has to address in this case is whether or not the arrest that was made by a
woman corporal is in fact legally exercised. In addressing this question, the court referred to
Section 109 and Section 110 of the CPC which specifically provides that the powers of
police officers not below the rank of Sergeant are empowered to exercise the powers in
seizable cases. Since it is a seizable case but the police officer who exercised the power only
holds the rank of corporal, the arrest is not legally exercised.

In the present case, it was stated that Sergeant Neutron approached Ah Chan and told
him that he was required to be present at Section 2 Police Station in Shah Alam on 2
November 2020 at 11.30 am to enable Inspector Proton to further question Ah Chan on the
whereabouts of the snatch thief, therefore it is an undisputed fact that the rank of the police
officer in this situation is a Sergeant as required by Section 109(1) of the CPC. This gives
power to Sergeant Neutron to order the presence of Ah Chan in order to obtain information
that could help with the police investigation.
 Further, the police are empowered to require the attendance of material witnesses at
the police station for questioning. This is provided in Section 111(1) of the CPC where a
police officer making an investigation under this Chapter may by order in writing require the
attendance before himself of any person who from the information given or otherwise
appears to be acquainted with the circumstances of the case, and that person shall attend as so
required. The word ‘person’ in Section 111 of the CPC is given definition in the case of
Datuk Seri Ahmad Said Hamdan, Ketua Suruhanjaya, Suruhanjaya Pencegah Rasuah
Malaysia & Ors v Tan Boon Wah [2010] 3 MLJ 193, where the court derive its meaning in
Section 30 of the Malaysian Anti Corruption Commission Act 2009 which provides, a
person to whom order has been given shall attend in accordance with the terms of the order to
be examined. The court in this case provides that the person includes witness and suspect.
Therefore, the person under Section 111 of the CPC may also include any witness or suspect
to the case. Further, it can be seen in the case of Uthayakumar v PP [2005] 7 CLJ 466, that
the requirements in the provision must be complied with otherwise any subsequent detention
made will be rendered illegal. Police officer in the provision refers to the investigating officer
himself and no other person is allowed to make an order in writing requiring the witness’
attendance. It was held in this case that an order in writing made by a Constable was not
valid.

Section 111(2) of the CPC provides, if any such person refuses to attend as so
required that police officer may report such refusal to a Magistrate who may thereupon in his
discretion issue a warrant to secure the attendance of that person as required by such order.
Thus, when the police officer uses Section 111 of the CPC, they are issuing a summon for a
person to come to the police station. This provision gives the power to the police to call a
particular person if he is a witness for anything that they are required to investigate. In the
case of Polis Di Raja Malaysia v Audrey Keong Mei Cheng [1994] 3 CLJ 362, it was
stated that where the police had issued an order in writing for the attendance and the person
refused, such refusal will then be reported to a magistrate who may issue a warrant.

In application to the present situation, Sergeant Neutron is empowered to require the

attendance of Ah Chan by virtue of Section 111(1) of the CPC, to enable Inspector Proton to
further question him regarding the snatch thief. Ah Chan falls within the definition of
‘person’ in the case of Datuk Seri Ahmad Said Hamdan, Ketua Suruhanjaya,
Suruhanjaya Pencegah Rasuah Malaysia & Ors v Tan Boon Wah, since he is a witness to
the case hence he must be present at the police station to be examined. However, there was no
order in writing given by Sergeant Neutron to Ah Chan as required by Section 111(1) of the
CPC. Sergeant Neutron only approached Ah Chan and told him that he was required to be
present at Section 2 Police Station in Shah Alam. Since the requirement under Section 111(1)
of the CPC which requires the order to be made in writing is not complied with, the order
made by Sergeant Neutron requiring the attendance of Ah Chan at the police station is not
valid, as referred to the case of Uthayakumar v PP.

In conclusion, since the requirement under Section 111(1) of the CPC is not complied
with, the order made by Sergeant Neutron requiring the attendance of Ah Chan at the police
station to assist with the investigation is not valid. Thus, if there is any refusal by Ah Chan to
attend, Sergeant Neutron is not allowed to report such refusal to a Magistrate by virtue of
Section 111(2) of the CPC to issue a warrant against Ah Chan.