KUCHING: The Security Offences (Special Measures) Bill 2012, which was tabled in Parliament on Tuesday, is not intended to limit the freedom of speech and actions guaranteed by the constitution,” said Deputy Dewan Rakyat Speaker Datuk Dr Wan Junaidi Tuanku Jaafar yesterday.
Wan Junaidi, who is also Santubong MP, stated that the Bill, which is meant to replace the Internal Security Act 1960 (ISA), would be able to create an environment conducive to the protection of rights guaranteed by the constitution.
“The law is drafted after taking into consideration the provisions of laws in other countries having similar legislations,” he said when contacted by The Borneo Post yesterday.
Wan Junaidi, who is a lawyer by training, said among the provisions of laws taken into consideration were the need to protect the rights of individual citizen as guaranteed by the constitution while not forgetting the rights of groups and the security of the country.
“Besides that, the bill is also drafted after taking into consideration the need to enhance the position of the judiciary, by not limiting the individual’s rights to seek redress from the court on the executive’s excess or abuse in implementing the law, uphold the concept of rule of law, and to enhance the rule of justice and fairness.”
He said this when asked to comment about the new security bill which, among others, is aimed at ensuring national security and public order from the threats of violence, sabotage and spying.
Meanwhile, lawyer and state PKR vice chairman See Chee How, when contacted, said the state PKR was happy with the repeal of ISA, which he described as a “51 years old draconic legislation”.
See, who is also Batu Lintang assemblyman, added that the repeal of the ISA was the fruits of progress and advanced political awareness amongst Malaysian electorates.
However, he said the Securities Offences (Special Measures) Bill 2012 was another repressive law and posed a danger to fundamental liberties and the rule of law.
“While it is commendable that the period of detention without charge has been reduced from 60 days to 28 days, the power to detain is taken from the courts and given to the police under Clause 4 of the Bill, as it was under the ISA.
“The absence of judicial scrutiny means that it is opened to abuse of the authorities to detain civil and political dissidents. The threats of arbitrary arrest and detention are real as the definition of “security offences” includes an act that is prejudicial to national security or public safety which is simply too wide.”
“It is also highly objectionable as even if an accused person is acquitted by the court, the provisions of the new Act allow continuous detention without bail until all appeals are disposed of.”
Thus, See said the accused person could still spend years in detention, like the ISA.
“This is a gross disregard to the rule of law and a curtailment on the fundamental liberties of Malaysians, which the government is said to redress with the repeal of ISA. We have still not made any progress towards real political reforms.”
The Bill, which has eight sections, was tabled for first reading by Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz at Dewan Rakyat on Tuesday.