HomeNewsPress Statements Press release: New legislation must ensure that fundamental liberties are upheld and protected
Press release: New legislation must ensure that fundamental liberties are upheld and protected
Thursday, 12 July 2012 05:40pm
The Malaysian Bar welcomes the announcement by the Honourable Prime Minister that the government intends to abolish the Sedition Act 1948. The Malaysian Bar has long called for its abolition, arguing that this legislation is repressive, anachronistic and an affront to fundamental liberties.
The Malaysian Bar however is still of the view that replacement legislation, under whatever name, is unnecessary. The Penal Code, for example, contains sufficient provisions to deal with incitement to racial hatred and other forms of hate speech.
However, in the event that the Honourable Prime Minister intends to proceed with this proposed National Harmony Act, two important factors must be taken into account. Firstly, the law should as far as possible refrain from criminalising speech and ideas. Given the potential for abuse and curtailment of the freedom of speech and expression, the law should be slow to introduce criminal offences.
Secondly, matters like loyalty, mutual respect and national unity cannot be legislated. These are ideals that have to be gradually developed and naturally cultivated, and not instantly demanded by force of law.
As the details of the proposed National Harmony Act are yet to be outlined, we welcome the assurance by the Honourable Prime Minister that the Attorney General will be responsible for ensuring that proper consultation with all stakeholders will be undertaken. Such consultations are an important element to ensure that our democracy is genuinely inclusive and participative.
We have had two recent examples where new legislation, while on the one hand extending recognition of the human rights of Malaysians, has nonetheless restricted the very expression of those rights in certain respects. These are the Peaceful Assembly Act and Security Offences (Special Measures) Act. We caution against the proposed National Harmony Act being utilised in a similar fashion.
The Malaysian Bar will continue to play its role in providing careful and considered opinion and feedback in the promulgation of new legislation in order to ensure that the fundamental liberties of Malaysians are upheld and protected.
NATURAL FREEDOM written by lua kun eng,
Friday, July 13 2012 12:27 pm
1. The contest between freedom and control would never end as long as civil society exists. Can a civil society exist without the existence of control?
2. We have the natural urge for freedom because freedom are given to all of us by nature.
3. We control our children because of their relative lack of knowledge.
4. If knowledge is agreed to be the criterion, then, modern men, with relatively more knowledge, should be subject to less control.
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Risk Management for Staff Workshop, Kuala Lumpur (20 June 2013) Organised by the Bar Council Professional Indemnity Insurance Committee, this workshop will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 20 June 2013 (Thursday). The workshop carries seven CPD points. Click on the link above for more details.
Kuala Lumpur Bar Seminar on Judicial Review 101 (20 June 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by Shanmuga Kanesalingam will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, 10th Floor, Wisma Kraftangan, on 20 June 2013 (Thursday). The seminar carries two CPD points. Click on the link above for more details.
Kuala Lumpur Bar Strategic Litigation Camp (21 to 23 June 2013) Organised by the Kuala Lumpur Bar Young Lawyers Committee and the Malaysian Centre for Constitutionalism and Human Rights, this event will be held at the Firefly Park Resort, Kuala Selangor, from 21 to 23 June 2013 (Friday to Sunday). Click on the link above for more details.
Kuala Lumpur Bar Luncheon: Feast with the Giants of the Bar (22 June 2013) Organised by the Kuala Lumpur Bar Pupils Welfare Committee and Young Lawyers Committee, this event will be held at 12:00 noon, at The Smokehouse Restaurant, Jalan Telawi 3, Bangsar, on 22 June 2013 (Saturday). Click on the link above for more details.
The Legacy Series | Gopal Sri Ram Lectures (June and July 2013) Organised by the Bar Council Professional Standards and Development Committee, these lectures by Datuk Seri Gopal Sri Ram will be held at 2:00 pm to 4:00 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 24 June 2013 (Monday), and 9, 16 and 23 July 2013 (Tuesdays). The lectures carry two CPD points each. Click on the link above for more details.
Kuala Lumpur Bar Seminar on the Torrens System and Equitable Principles (2 July 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by SY Kok will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, Wisma Kraftangan, on 2 July 2013 (Tuesday). The seminar carries two CPD points. Click on the link above for more details.
Seminar on Medical Disability and the Assessment of Damages (6 and 7 July 2013) Co-organised by Malaysian Occupational Therapy Association, Malaysian Healthy Ageing Society and Perdana University, in collaboration with Bar Council, this seminar will be held at Berjaya Times Square, Kuala Lumpur, on 6 and 7 July 2013 (Saturday and Sunday). The seminar carries 10 CPD points. Click on the link above for more details.
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The Malaysian Bar welcomes the announcement by the Honourable Prime Minister that the government intends to abolish the Sedition Act 1948. The Malaysian Bar has long called for its abolition, arguing that this legislation is repressive, anachronistic and an affront to fundamental liberties.
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Circular No 140/2013: Invitation to Public Forum | Environmental Issues in Malaysia
1. The contest between freedom and control would never end as long as civil society exists. Can a civil society exist without the existence of control?
2. We have the natural urge for freedom because freedom are given to all of us by nature.
3. We control our children because of their relative lack of knowledge.
4. If knowledge is agreed to be the criterion, then, modern men, with relatively more knowledge, should be subject to less control.