Fearing abuse, critics demand Putrajaya justify need for national security council Bill

Source: The Malay Mail Online

Lawyer Syahredzan Johan ― MMO File pic

Lawyer Syahredzan Johan ― MMO File pic

KUALA LUMPUR, Dec 3 ― The federal government must justify the need for the new National Security Council Bill when there are already existing legislation to deal with threats against national security, critics said.

Civil society groups, human rights lawyers and opposition lawmakers said the proposed law that was tabled on Tuesday and is scheduled for debate today in the Dewan Rakyat, could be easily abused as it affords the prime minister and local security forces the power to act arbitrarily, including to order arrests, seizures and searches of private property.

They also claimed that there was no public consultation prior to the tabling of the Bill in Parliament on Tuesday.

“This Bill came out of nowhere. Is there some sort of loophole in the law that we need this legislation? Is there a threat that cannot be dealt with existing legislation?

“Or is there a more sinister reason? ‘Only fools rush in where angels fear to thread’. Why are we rushing this?” lawyer Syahredzan Johan said in a statement posted on his Facebook page last night.

Syahredzan pointed out that the contents of the Bill were very vague, and that it does not even offer any specific definition of the term “national security”. Read more

Withdraw ‘unnecessary, excessive’ security council Bill, Putrajaya urged

Source: The Malay Mail Online

KUALA LUMPUR, Dec 2 — A PKR federal lawmaker today sounded alarm bells over the far-reaching powers of the new Bill to fight terrorism, calling it unprecedented and “unnecessary” as it allows the prime minister and the National Security Council to make arbitrary arrests, take temporary possession of land and buildings and seize belongings, among others.

The lawmaker, Padang Serai MP N. Surendran, urged the government to withdraw the National Security Council Bill 2015 that was tabled yesterday for the first reading, saying it would be in the interest of the public and the nation.

“This new Bill is entirely unnecessary and excessive. There are stringent laws already available dealing with serious threats to the nation, including POTA and SOSMA,” he said, referring to two other preventive laws currently in force — the Prevention of Terrorism Act and the Security Offences (Special Measures) Act.

“There are no existing threats to our nation, whether internal or external, that even remotely justify these drastic new powers,” he added. Read more

Putrajaya bentang rang undang-undang MKN, kembalikan kuasa Ordinan Darurat

Sumber: The Malaysian Insider

Putrajaya hari ini membentangkan Rang Undang-undang Majlis Keselamatan Negara (MKN) 2015 di Parlimen, yang dilihat tujuannya hampir sama untuk mengembalikan kuasa di bawah Ordinan Darurat yang dimansuhkan pada 2012.

Majlis itu akan diketuai Perdana Menteri Datuk Seri Najib Razak selaku pengerusi dan turut dianggotai Timbalan Perdana Menteri Datuk Seri Dr Ahmad Zahid Hamidi, Menteri Pertahanan Datuk Seri Hishammuddin Hussein, Ketua Setiausaha Negara Tan Sri Ali Hamsa serta Ketua Polis Negara Tan Sri Khalid Abu Bakar.

Majlis itu juga diberikan kuasa mengisytiharkan mana-mana kawasan sebagai “kawasan keselamatan” jika dilihat ia menerima ancaman.

Di dalam kawasan keselamatan itu, pasukan keselamatan termasuk tentera dan polis dibenarkan menahan tanpa sebarang waran mana-mana individu yang dilihat mendatangkan ancaman.

Rang undang-undang itu dibacakan kali pertama hari ini di Dewan Rakyat. – 1 Disember, 2015.

New National Security Council Bill moots wide powers to combat terrorism

Source: The Malay Mail Online

Malaysia Polis - AFP pic

Malaysia Polis – AFP pic

KUALA LUMPUR, Dec 1 — The federal government today tabled a new bill in Parliament seeking to revamp the National Security Council (NSC), granting it far-reaching enforcement powers in dealing with any and all threats to national security.

The Bill, which was tabled for its first reading by Minister in the Prime Minister’s Department Datuk Seri Shahidan Kassim this morning, proposes to allow the NSC to take command of the country’s security forces and impose strict policing of areas deemed to face security risks.

According to the Bill, the NSC’s jurisdiction takes effect once the prime minister declares in writing that an area is a “security area” — a status that is valid for six months at a time, subject to renewal by the prime minister.

Once the NSC takes over control of a security area, security forces will have the right to search or arrest without warrant any individual “found committing, alleged to have committed, or reasonably suspected of having committed any offence under written laws in the security area”. Read more

Putrajaya cites national security as reason for banning Al-Jazeera reporter from Malaysia

Source: The Malay Mail Online

MMO File pic

MMO File pic

KUALA LUMPUR, Dec 1 ― The Home Ministry said today that local authorities had banned Al-Jazeera journalist Mary Ann Jolley from entering Malaysia because her actions were deemed a threat to national security and public order.

The ministry, in a written reply to a question by Petaling Jaya Selatan MP Hee Loy Sian yesterday, also said the ban was within the right of the Malaysian immigration.

“To answer the question, Al-Jazeera reporter Mary Ann Jolley was banned from entering the country because of her actions that could be prejudicial to national security and public order.

“The Immigration Act 1959/63 gives power to the immigration director-general to block the entry of any foreigner coming to Malaysia if it is believed that the individual could threaten national security,” the ministry said. Read more

SOSMA – Wolf in Sheep’s Clothing?

SOSMA-Wolf-ForumThe Security Offences (Special Measures) Act 2012 (“SOSMA”) vests extraordinary and wide-ranging powers with the Executive. SOSMA contains an extremely broad definition of what constitutes a “security offence”. It allows for an initial detention of 24 hours by the police to be extended for up to 28 days, if authorised by a police officer above the rank of superintendent, without any supervision by the courts. In addition, detainees can be denied access to legal counsel for up to 48 hours after arrest, and also be denied bail. Under SOSMA, all offences under Part VI and Part VIA of the Penal Code are considered security offences, and are triable in the High Court.

Despite the Government’s initial assurance that SOSMA was legislated to address terrorism threats and violent conduct, we are now witnessing its misuse. The case of Dato’ Sri Khairuddin Abu Hassan and his lawyer, Matthias Chang, a Member of the Bar, raises serious concerns over the misuse of SOSMA. Are we witnessing yet another attempt to resurrect the Internal Security Act 1960 or Essential (Security Cases) Regulations 1975? The original purpose of SOSMA, and it utility as a means for investigative detention – not preventive detention – is now open to question.


7:30pm    Registration
8:00pm    Welcoming Remarks by Andrew Khoo, Co-Chairperson, Bar Council Human Rights Committee
8:10pm    Opening Address by Steven Thiru, President, Malaysian Bar
8:30pm    First Speaker: Tan Sri Abdul Gani Patail, Former Attorney General of Malaysia
8:50pm   Representative from Attorney-General’s Chambers (to be confirmed)
9:10pm   Third Speaker: Amer Hamzah Arshad, Member of the Bar
9:30pm    Question-and-Answer Session
10:30pm  End


Admission is free but advance registration is required. Please use the adjacent form to register your attendance with Bar Council. This registration form can also be downloaded from this link.

Immigration Dept can impose travel ban against those who shamed Malaysia

Source: The Malaysian Insider

The Immigration Department says it has the right to restrict Malaysians who has shamed the country from travelling abroad. – The Malaysian Insider filepic, October 18, 2015.

The Immigration Department will ban those who have disgraced the nation and deemed as a threat to the national security from leaving the country, its director-general Datuk Seri Mustafa Ibrahim said.

He said the department had powers to blacklist such individuals, reported The Star today.

“We are also in the verge of blacklisting those who are believed to be involved in human trafficking and other crimes,” the newspaper quoted him saying at a press conference after launching the East Coast shooting training programme yesterday.

Mustafa said these individuals should not blame the department and pretend to be surprised if their passports were blacklisted as they knew the reason.

“The department does not simply blacklist anyone’s passports as it wishes,” Mustafa was reported as saying. Read more