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Number of Members present: 535

Motions:

1) The Malaysian Bar reaffirms its stand that the detention of persons without trial as provided for by the Internal Security Act, 1961, is in violation of the Rule of Law, Human Rights and the principles of democratic Government.

2) The Malaysian Bar calls upon the Government to release immediately and unconditionally all persons detained under the Internal Security Act. In particular the Malaysian Bar calls upon the Government to express its affirmation in the judicial process by releasing immediately all parties and their Lawyers in pending public interest cases.

3) The Malaysian Bar also calls upon the Government to accord to persons detained under the Internal Security Act:-

a. the right to know the reasons for their detention and to inform their families of the same;

b. the right to have unimpeded access to Counsel;

c. the right to have reasonable and regular visits from the families;

d. the Malaysian Bar further views with deep concern the lack of information from the Police Authorities in the arrests and detentions of individuals whose names are not released to the Malaysian public: the Malaysian Bar therefore calls upon the Police Authorities to release and confirm the complete list of detainees and to release the names of such persons who have been detained under the ISA with due expediency.

4) The Malaysian Bar deplores the arbitrary manner in which the Government had revoked the publishing Licences of THE STAR, THE SUNDAY STAR, SIN CHEW JIT POH and WATAN and regard the same as depriving Citizens of the right to a free press and ultimately rendering meaningless the citizens’ rights to information and expression and to participate in the political process. In the interests of democracy, the Malaysian Bar calls upon the Government to reinstate the publishing Licences of the abovesaid publications.

Proposer: Mr Lee Min Choon
Seconder: Mr Karam Singh

Resolution:

The Motions were duly adopted.

Motion 5:

That this House condemns the existence of all oppressive pieces of legislation in this country and calls on the Government to repeal the Internal Security Act in its entirety.

Proposer: Mr Rabin Devadason
Seconder: Mr Tan Tui Song

Resolution:

The Motion was adopted by a majority vote.

Follow-up Action:

1) In accordance with the direction of the EGM, a copy of the Resolution was sent to the Prime Minister;

2) Immediately after the EGM at a press conference the full text of the resolutions was released. Unfortunately not a word appeared in the New Straits Times;

3) At the request of several foreign observers from international groups who were present at the High Court during hearings of the writs of habeas corpus, the President wrote for appointments for them to meet the Prime Minister, the Deputy IGP and the Attorney- General. Save for the Attorney-General, who met them, both Prime Minister and the Deputy IGP refused a meeting;

4) The President gave an interview over these detentions to concerned organisations and international press including the BBC and the ABC. At subsequent interviews, the President expressed grave concern over the ministerial orders of 2 year detentions on 36 of the original 106. On 28 December, 1987, the Asian Wall Street Journal carried the President’s statement:

“Param Cumaraswamy, President of the Malaysian Bar Council said: “with these ministerial preventive detention orders made on so many individuals, including the leader of opposition and other prominent opposition members of Parliament, I cannot help wondering how our government could continue calling itself a parliamentary democracy.”

He added: “The solemn promise given in Parliament in 1960 by the then Deputy Prime Minister Tun Abdul Razak… that this law will never be used to stifle political dissent in this country appears to have been breached”.

“If the ISA is abused in this way, I cannot possibly see how there can be effective opposition in Parliament anymore,” Mr Param said, “I’m afraid a grave injustice has been done to these people. And I ask isn’t there any justice for those who expose injustices in society and malpractices in government.””

Similar statements appeared in the Far Eastern Economic Review.

5) When the Government proposed amendments to the Printing Presses Act and the Police Act, the President wrote a personal letter to the Prime Minister seeking an appointment for a delegation from the Council to meet him. The Prime Minister refused a meeting.

6) The Council’s paramount interest was to seek the early release of the detainees. Hence it was important, as far as possible, to seek their instruction. To this extent, the Council, with the assistance of a few committed and dedicated members, attended to the needs of the detainees by seeing at least some of the detainees at Kamunting with regard to their representations before the Advisory Board. In addition to the 36, there were other detainees, the total being 80 at Kamunting.