The Bar Council deeply regrets the arrest of the 4 persons by the Police authorities yesterday under the Internal Security Act 1960. The Bar Council condemns the continued use of the Internal Security Act by the Police to deal with alleged breaches of the criminal law. The Bar Council wishes to point out that while it does not condone any alleged threat or threats to the security of the nation by any party, those allegedly responsible for such an offence should be dealt with under the relevant laws and through due judicial process, other than under the provisions of the Internal Security Act. The fact that the 4 persons arrested are “Reformasi activists” as described by the Police, should not be a factor to be considered by the Police when it decided to invoke the Internal Security Act against them. The status of the 4 persons is irrelevant.
The Internal Security Act cannot be invoked by the Police for the purposes of carrying out Police investigations. There are sufficient provisions under the Criminal Procedure Code and other related laws to enable the Police to arrest, remand and investigate the alleged offences where such laws provide safeguards for due process.
Just as the Bar Council was deeply concerned with the detention of at least 67 alleged members of the al-Mau’nah organisation in respect of the offences committed in Sauk last year and the Bar Council had on that occasion condemned the use of the Internal Security Act, the Bar Council now calls on the Police authorities to carry out their investigations under the usual criminal law provisions and not under the Internal Security Act. It will be noted that in the case of the al-Mau’nah group, the alleged offenders were eventually charged in Court under the Penal Code.
The Bar Council calls on the Deputy Prime Minister who is also the Minister of Home Affairs to review and reconsider the arrest of the 4 persons under the Internal Security Act immediately and not to sign the relevant documents under the Act.
The Bar Council once again reiterates its call to the Government for the immediate repeal of the Internal Security Act as the Act violates fundamental rights and is against the principles of protection of basic civil and political rights. The Act denies persons detained of the right to access to Counsel, which right is provided for in the Federal Constitution. As the Internal Security Act provides for “preventative detention” without trial for an indefinite period, the Bar Council is of the view that the use of the Act against the 4 persons has no basis and cannot be justified. The Bar Council also calls on the Government to respect the right to freedom of assembly and expression as provided for under the Federal Constitution.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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