OCTOBER 15 — The Malaysian Bar deplores the misuse of the Penal Code and the Security Offences (Special Measures) Act 2012 (“SOSMA”) by the authorities in the recent arrest, detention and prosecution of Dato’ Sri Khairuddin Abu Hassan (“Dato’ Sri Khairuddin”), and his lawyer, Matthias Chang, a Member of the Malaysian Bar.
Dato’ Sri Khairuddin and Matthias Chang were arrested and detained under SOSMA on 18 September 2015 and 8 October 2015, respectively. It is reported that they were being investigated under Section 124K (sabotage) and Section 124L (attempt to commit sabotage) of the Penal Code. Dato’ Sri Khairuddin filed a habeas corpus application, which was fixed for hearing on 13 October 2015. It was reported that Matthias Chang was about to file a habeas corpus application as well.
However, both men were charged on 12 October 2015 in the Magistrates’ Court, for the offence of attempting to commit sabotage under Section 124L of the Penal Code. It has been alleged that the act of sabotage is in relation to the lodging of reports about possible corrupt practices, with law enforcement agencies in five foreign countries — France, the United Kingdom, Switzerland, Hong Kong and Singapore — that was purportedly intended to be a conspiracy to cause harm to the banking and financial system of Malaysia. If convicted, they could be sentenced for up to 15 years in jail. Both men have applied to the High Court to challenge the prosecution against them.
Section 124L of the Penal Code is within Part VI of the Penal Code. Under SOSMA, all offences under Part VI and Part VIA of the Penal Code are considered security offences, triable in the High Court. Read more