Malaysia to abolish ISA and other security laws
September 15, 2011
KUALA LUMPUR: The Internal Security Act (ISA) 1960 will be abolished and two new laws will be introduced to safeguard peace and order, Prime Minister Najib Tun Razak said.
The prime minister also announced that the government would repeal the Banishment Act 1959 and reviewing other laws to be in line with current needs.
A comprehensive study will be carried out on the Restricted Residence Act 1993 and the Printing Presses and Publication Act 1984 where annual renewals would be done away with, and replaced with issuance of licence until it is revoked.
He also said that three Emergency declarations will also be lifted. Once that is done, ISA-like preventive law Emergency Ordinance will also lapse.
The motion to lift the May 15, 1969 nationwide Emergency, the Sept 14, 1969 Sarawak Emergency and the Nov 8, 1977 Kelantan Emergency will be tabled in Parliament, he added.
Announcing the matter tonight in his special Malaysia Day message, Najib said the two new laws would be formulated “under the spirit and umbrella” of Article 149 of the Federal Constitution to prevent subversive elements as well as fighting organised terrorism and crime, in order to safeguard peace and public order.
In the message delivered in front of 800 people at Angkasapuri and aired live over TV1 and TVi, the prime minister said the new laws replacing the ISA would provide for a shorter detention period.
He added that extension of detention can only be done through a court order, except in the law concerning terrorism where the power remained with the minister.
“Generally, the power to extend the detention period will shift from the executive to the judiciary, except in matters concerning terrorism,” he said.
Stern action against street protesters
Najib had promised when he first took over the helm of the country’s administration on April 3, 2009 that he would carry out a comprehensive review of the ISA.
Najib said tonight that the government would ensure that the rights of those being taken action under the new law would be safeguarded in line with the spirit of the Federal Constitution.
He said the government also assured that individuals would not be detained because of their political ideologies.
“The government will also review Section 27 of the Police Act 1967, taking into account the provision in Article 10 of the Federal Constitutions concerning freedom of assembly,” he said.
Najib stressed, however, that stern action would remain against street demonstrators.
He said that the permit to assemble would be given under certain set of criteria to be determined later, taking into consideration the norms at the international level.
Najib said the government would not hesitate to amend or repeal laws which are no longer relevant.
Revoking the proclamations of emergency
Najib said the parliamentary motion to lift the Emergency proclamations will be made under Clause 3, Article 150 of the Federal Constitution, and was in line with the people’s aspiration for Malaysia to be more open and its democracy, more dynamic.
“As many are aware, only the emergency proclamation made following the confrontation in 1964 had been implicitly revoked, while the other emergency proclamations are regarded to be in force until today,” he said.
He said, realising that Malaysia had changed over the years and in line with the people’s aspirations based on the universal philosophy on democracy, the government would table in the lower and upper houses of parliament for the three emergency proclamations to be revoked.
Clause 3, Article 150 of the Federal Constitution gives the power to the Yang di-Pertuan Agong to revoke the emergency proclamations and ordinance, or these to be ineffective if decided by parliament.
The prime minister said the time had come for Malaysia to move towards a future with a paradigm based on new hopes and not shackled by nostalgia.
Najib stressed that the government would stay committed to upholding the country’s system of parliamentary democracy and constitutional monarchy, sovereignty of law, federation principle, and the system of check and balance among the three branches of the government
Hisham: ISA-replacement legislation soon
In a related development, Home Minister Hishammuddin Hussein said the new legislation to replace the ISA will not take long to draft because no amendments need to be tabled in Parliament.
He said that the government might look at similar legislation in other countries when drawing up two bills.
“Laws related to terrorism such as the Patriot Act in the US and the Anti-Terrorism Act in the United Kingdom and Australia can all be used as a model,” he told reporters here.
Hishammuddin said the main consideration for the government in drafting the two new pieces of legislation would be to find a balance between national security and personal freedom.
He also said the government started reviewing the ISA two years ago and made the decision to abolish it after getting the views of the police, armed forces and other relevant agencies.
