The Malaysian Bar - Two new laws to replace Internal Security Act

Home

News

Legal/General News

Two new laws to replace Internal Security Act

Friday, 16 September 2011 09:09am

©The Star (Used by permission)

PETALING JAYA: The country’s most controversial and contentious law – the Internal Security Act (ISA) – is to be repealed some 50 years after it was first drawn up.

However, in its place will be two anti-terror laws, not unlike the ones drawn up in the United States and Britain to handle terrorists, violent criminals and subversive elements.

Announcing this in his Malaysia Day address, Prime Minister Datuk Seri Najib Tun Razak said the new laws would be in line with Article 149 of the Federal Constitution.

He also promised Malaysians that no one would be detained due to their political ideology.

“In my maiden speech when I took over as Prime Minister, I promised that the ISA would undergo a comprehensive review. As such, I would like to announce on this historic night that the Act will be abolished.

“Two new laws will be enacted to maintain peace, harmony and prosperity. The laws that will be formulated will take into account basic rights and freedom based on the Federal Constitution.

“Above all, the Government will ensure the rights of those involved will be protected,” he said last night.

Najib said the new laws would provide for a substantially shorter detention period.

Any further extension to the detention, he added, could be made by a court order, except for those laws related to terrorism, which would remain under the relevant minister’s purview.

“The Government is also giving its commitment that no individual will be detained purely based on political ideology,” he said.

The Prime Minister said in a modern day democracy, there must be a balance between national security and individual freedom, adding that this was the responsibility of the Government, whose highest aim was to uphold its people’s welfare and harmony.

Citing an example, he said that although freedom of expression was guaranteed under the Federal Constitution, this did not mean that anyone could commit slander or stoke hatred.

“For instance, the Government is equally responsible to prevent a false bomb alert in a packed stadium. This is because uncontrollable freedom can only cause panic, which may lead to injuries and the loss of lives,” he said.

However, Najib said that in the face of extraordinary situations in which Malaysia’s security and the rakyat’s prosperity were under threat, special steps outside democratic norms had to be taken, including preventive detention measures.

“The wisdom to tackle terrorism requires us to prevent it from occurring before innocent lives are lost and properties destroyed. This is a fact that is global in nature and accepted by many,” he said.

Set as favourite

Email This