{"id":2019,"date":"2012-04-16T16:12:15","date_gmt":"2012-04-16T08:12:15","guid":{"rendered":"http:\/\/www.therocket.com.my\/en\/?p=2019"},"modified":"2012-04-16T16:12:15","modified_gmt":"2012-04-16T08:12:15","slug":"bn%e2%80%99s-cold-war-siege-mentality-is-omnipresent","status":"publish","type":"post","link":"https:\/\/www.therocket.com.my\/en\/bn%e2%80%99s-cold-war-siege-mentality-is-omnipresent\/","title":{"rendered":"BN\u2019s Cold War siege mentality is omnipresent"},"content":{"rendered":"

by Liew Chin Tong<\/strong><\/p>\n

\"\"<\/a>Public attention last week was focused on the introduction of the new Security Offences (Special Measures) Bill 2012 (SOSM), tabled to replace the Internal Security Act (ISA). However, few noticed the simultaneous tabling of amendments to the Penal Code,Evidence Act and Criminal Procedure Code to vest an unholy axis of power in a government that will only lead to a ticking time bomb for all freedom-loving Malaysians.<\/span><\/span>\u00a0<\/span><\/p>\n

Most disturbingly, the amendments to the Penal Code portrayed a government operating under a Cold War siege mentality, giving the authorities near martial law powers. In particular:<\/span><\/span>\u00a0<\/span><\/p>\n

1)\u00a0\u00a0\u00a0 The new Section 124B of the Penal Code creates an offence known as \u201cactivity detrimental to parliamentary democracy\u201d, punishable by twenty years imprisonment. Flimsily defined in the new Section 130A as \u201can activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means\u201d, this section opens the backdoor for questionable convictions that could violate human rights if used by an irresponsible government. Furthermore, under Section 124C, an attempt to commit an \u201cactivity detrimental to parliamentary democracy\u201d is punishable by fifteen years\u00a0 imprisonment. Fears of abuse of process are raised when a mere attempt to commit the crime is meted out such a heavy punishment.<\/span><\/span>\u00a0<\/span><\/p>\n

2)\u00a0\u00a0\u00a0 Media freedom and freedom of information are under threat with the introduction of Sections 124D, 124E and124F, which make it a crime to print, sell, possess, or import \u201cdocuments and publications detrimental to parliamentary democracy\u201d. Again, with a sketchy definition and a high penalty (up to fifteen years for printing), the section is rife for opportunities to be abused for government clampdown on literature deemed undesirable by the ruling party.\u00a0<\/span><\/span><\/p>\n

3)\u00a0\u00a0\u00a0 It is disturbing to note the definition of \u201csensitive information\u201d under the new Section 130A (i) is so broad to encompass any document, information, or material, \u201cwhether or not it is classified as \u2018Top Secret\u2019, \u2018Secret\u2019, \u2018Confidential\u2019,or \u2018Restricted<\/span>\u2019\u201d.\u00a0<\/span><\/span><\/p>\n

This must be read together with Part IV of the new SOSM which introduces special procedures relating to sensitive information. It provides for in camera hearing in a trial involving sensitive information. Under Section 8 (8) of the SOSM, decisions of the court under these procedures are non-appealable. This would allow the government to keep sensitive information out of the public eye, not even accessible to the media.\u00a0<\/span><\/span><\/p>\n

I also note with concern that portions or elements of the Internal Security Act was smuggled into the Penal Code with the new amendments yesterday, for instance:<\/span><\/span><\/p>\n

1)\u00a0\u00a0\u00a0 The words \u201ccounsels violent disobedience to the law or any lawful order\u201d in the new Section 124H of the Penal Code are hauntingly similar to the definition of \u201csubversive document\u201d in Section 29 (3)(b) of the just repealed Internal Security Act.<\/span><\/span>\u00a0<\/span><\/p>\n

2)\u00a0\u00a0\u00a0 The mention of the terms \u201ccounselling disobedience to the law thereof or to any lawful order therein\u201d are chillingly reminiscent of the definition of \u201cterrorist\u201d in Section 2 of the ISA.\u00a0<\/span><\/span><\/p>\n

Public confidence in the government is shaken when oppressive laws are repealed with much fanfare, only to be replaced with equally -if not more – abhorrent legislation that offends the spirit of legal reform.\u00a0<\/span><\/span>\u00a0<\/span><\/p>\n

Najib\u2019s quadruple barrage of ticking time bombs is a rude awakening to Malaysians that the BN government has no intention of real change. – The Rocket
\n<\/span><\/span><\/p>\n

<\/div>\n","protected":false},"excerpt":{"rendered":"

by Liew Chin Tong Public attention last week was focused on the introduction of the new Security Offences (Special Measures) Bill 2012 (SOSM), tabled to replace the Internal Security Act (ISA). However, few noticed the simultaneous tabling of amendments to the Penal Code,Evidence Act and Criminal Procedure Code to vest an unholy axis of power […]<\/p>\n","protected":false},"author":1,"featured_media":2020,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-2019","post","type-post","status-publish","format-standard","hentry","category-columns"],"_links":{"self":[{"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/posts\/2019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/comments?post=2019"}],"version-history":[{"count":0,"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/posts\/2019\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/media\/2020"}],"wp:attachment":[{"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/media?parent=2019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/categories?post=2019"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.therocket.com.my\/en\/wp-json\/wp\/v2\/tags?post=2019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}