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Bar Council seeks consultation

Wednesday, 21 September 2011 08:35am

©The Sun (Used by permission)
by TAN YI LIANG

PETALING JAYA: The Bar Council will approach Home Minister Datuk Seri Hishammuddin Hussein and Attorney-General Tan Sri Gani Patail to discuss preventive detention laws.

Its president Lim Chee Wee said: “We intend to explain the position of the Malaysian Bar on why there is no need for replacement legislation, and if there is, then what any antiterrorism legislation should contain.”

A letter seeking an appointment was sent to Hishammuddin on Sept 15, while one will be sent to Gani this week.

Speaking to theSun on Monday, Lim said the impact of the repeal and review of several laws announced by Prime Minister Datuk Seri Najib Abdul Razak last Thursday, would be seen only after replacement legislation is made known.

Najib had in his Malaysia Day message said the Internal Security Act (ISA) 1960, the Banishment Act 1959 and emergency declarations would be repealed, and that the Restricted Residence Act 1933 and Printing Presses and Publications Act 1984 would be reviewed.

Lim said the Bar would not call for a repeal of Article 149 of the Federal Constitution which gives parliament the power to pass laws that suspend a person’s fundamental rights, should it believe the person is a threat to national security or public order.

“It is not Article 149 which is the problem but federal legislation and the abuse of power,” he said.

“The ruling party must understand that in order to survive, it must act on complaints and grievances of the rakyat who are calling for a democratic, honest, clean, competent, just and compassionate government.”

On a statement by Hishammuddin that 37 people currently detained under the ISA would be held until two new laws to replace the Act were passed in parliament, Lim said: “The Bar has always taken the position that the authorities must either charge and try in open court all detainees or release them.”

The Bar on Friday issued a joint press release with the Advocates Association of Sarawak and Sabah Law Association, commending the proposed reforms.

The statement also said that if the government insists on formulating new legislation to deal with terrorism, safeguards should be considered including an automatic sunset clause, comprehensive judicial supervision, limitations on period of detention and the right of detainees to counsel.

The organisations called on Najib to subject the proposed legislation to public debate and consultation, and to establish a clear time frame within which the reforms would take effect.

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