A new preventive detention law was tabled in Parliament today to replace the
draconian Internal Security Act (ISA) 1960.
Among the key proposals are that police can only hold an
individual for up to 28 days - instead of 60 days under the ISA - for
interrogation.
Except in matters that ‘excite disaffection against the yang di-Pertuan Agong’, those charged under the new law will be tried in a High Court instead of being detained without trial.
Additionally, no individual can be arrested and detained solely on the basis of political belief or political activity.
In these respects at least, the Security Offences (Special Measures) Bill appears to address long-held criticism of the 52-year-old ISA.
Home Minister Hishammuddin Hussein told a press conference at the Parliament lobby that the new legislation is more suited to the times.
The Bill limits the powers of the minister and considers the welfare of the families affected, Hishammuddin said, adding that the police were also receptive to the new provisions.
Minister in the Prime Minister's Department Mohd Nazri
Abdul Aziz tabled the Bill for its first reading today and it to be debated next
week.
The Security Offences (Special Measures) Bill seeks to provide special measures relating to security offences in order to maintain public order and security, and specifically to tackle threats by a person or a substantial body should these:
1) Cause a substantial number of citizens to fear, organise violence against person or property;
2) Excite disaffection against the Agong;
3) Are prejudicial to public order in, or the security of, the federation or any part thereof; or
4) Procure the alteration, otherwise than by lawful means, of anything by law established.
Police officers may arrest and detain an individual without a warrant if they have reason to believe that the person is involved in a security offence. However, they must inform the person of the grounds of arrest soon afterwards.
The person arrested may be detained for 24 hours for investigation. The period of detention may be extended up to 28 days by a police offer of/or above the rank of superintendent.
If further detention is necessary to assist with the investigation, a report should be submitted to the public prosecutor. An application may then be made to a Sessions Court for an electronic monitoring device to be attached to the individual for up to 28 days.
Anyone accused of committing a security offence must be tried in a High Court.
Bail will only be granted if the accused is below 18 years of age, a woman, or is a sick or infirm person - that is, if the charge does not involve offences against the Agong, state rulers and governors as stipulated in Chapter 6 of the Penal Code.
However, this is subject to an application by the public prosecutor that an electronic monitoring device be attached to the person on bail.
Investigation officers are required to submit their investigation papers to the public prosecutor a week before the detention period expires.
Unlike the ISA, which provides for a panel to review
detention orders, the new law does not provide recourse for detainees to
challenge their arrest or subsequent incarceration.
The Bill states that the powers of the superintendent of police and the 28-day detention period for interrogation may be reviewed every five years.
Legal consultation
Under other provisions, the arresting officers must immediately notify the next-of-kin of the person who is arrested and detained, and enable access to legal assistance.
A police officer not below the rank of a superintendent may delay legal consultation, but not for more than 48 hours, if the officer is of the view that:
a) There are reasonable grounds for believing that the exercise of that right will interfere with evidence connected to security offence;
b) It will lead to harm to another;
c) It will lead to the alerting of other persons suspected of having committed such an offence but who are not yet arrested; or
d) It will hinder the recovery of property obtained as a result of such an offence.
A clause provides for detention pending exhaustion of the legal process.
The public prosecutor may authorise the police to intercept, detain and open any postal article in the course of transmission by post; to intercept any message transmitted or received by any communication; and to intercept or listen to any conversation by any communication.
The police, on an order from the public prosecutor, can enter any premises to install devices to intercept and retain communications of a specific description to the offence committed. Sensitive information can be admitted as evidence in court.
Among the key proposals are that police can only hold an
individual for up to 28 days - instead of 60 days under the ISA - for
interrogation.Except in matters that ‘excite disaffection against the yang di-Pertuan Agong’, those charged under the new law will be tried in a High Court instead of being detained without trial.
Additionally, no individual can be arrested and detained solely on the basis of political belief or political activity.
In these respects at least, the Security Offences (Special Measures) Bill appears to address long-held criticism of the 52-year-old ISA.
Home Minister Hishammuddin Hussein told a press conference at the Parliament lobby that the new legislation is more suited to the times.
The Bill limits the powers of the minister and considers the welfare of the families affected, Hishammuddin said, adding that the police were also receptive to the new provisions.
Minister in the Prime Minister's Department Mohd Nazri
Abdul Aziz tabled the Bill for its first reading today and it to be debated next
week.The Security Offences (Special Measures) Bill seeks to provide special measures relating to security offences in order to maintain public order and security, and specifically to tackle threats by a person or a substantial body should these:
1) Cause a substantial number of citizens to fear, organise violence against person or property;
2) Excite disaffection against the Agong;
3) Are prejudicial to public order in, or the security of, the federation or any part thereof; or
4) Procure the alteration, otherwise than by lawful means, of anything by law established.
Police officers may arrest and detain an individual without a warrant if they have reason to believe that the person is involved in a security offence. However, they must inform the person of the grounds of arrest soon afterwards.
The person arrested may be detained for 24 hours for investigation. The period of detention may be extended up to 28 days by a police offer of/or above the rank of superintendent.
If further detention is necessary to assist with the investigation, a report should be submitted to the public prosecutor. An application may then be made to a Sessions Court for an electronic monitoring device to be attached to the individual for up to 28 days.
Anyone accused of committing a security offence must be tried in a High Court.
Bail will only be granted if the accused is below 18 years of age, a woman, or is a sick or infirm person - that is, if the charge does not involve offences against the Agong, state rulers and governors as stipulated in Chapter 6 of the Penal Code.
However, this is subject to an application by the public prosecutor that an electronic monitoring device be attached to the person on bail.
Investigation officers are required to submit their investigation papers to the public prosecutor a week before the detention period expires.
Unlike the ISA, which provides for a panel to review
detention orders, the new law does not provide recourse for detainees to
challenge their arrest or subsequent incarceration.The Bill states that the powers of the superintendent of police and the 28-day detention period for interrogation may be reviewed every five years.
Legal consultation
Under other provisions, the arresting officers must immediately notify the next-of-kin of the person who is arrested and detained, and enable access to legal assistance.
A police officer not below the rank of a superintendent may delay legal consultation, but not for more than 48 hours, if the officer is of the view that:
a) There are reasonable grounds for believing that the exercise of that right will interfere with evidence connected to security offence;
b) It will lead to harm to another;
c) It will lead to the alerting of other persons suspected of having committed such an offence but who are not yet arrested; or
d) It will hinder the recovery of property obtained as a result of such an offence.
A clause provides for detention pending exhaustion of the legal process.
The public prosecutor may authorise the police to intercept, detain and open any postal article in the course of transmission by post; to intercept any message transmitted or received by any communication; and to intercept or listen to any conversation by any communication.
The police, on an order from the public prosecutor, can enter any premises to install devices to intercept and retain communications of a specific description to the offence committed. Sensitive information can be admitted as evidence in court.
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