The Bar Council expresses its concern over the manner of the arrest and remand of the two Harian Metro journalists in Johor Bahru last week. The Bar Council calls on the Inspector General of Police to look into the matter of the handcuffing of the journalists upon their arrest to prevent any repetition of it in like or similar cases.
The Bar Council also urges a review of certain provisions of the Official Secrets Act to make it more in conformity with freedom of expression and transparency in government administration. This is particularly compelling since the Act was amended in December 1986 to impose a mandatory one–year jail sentence upon conviction.
Whilst acknowledging that journalists are bound to act within the law, the Bar Council expresses its concern that unless the Act is used cautiously it will become an encroachment on press freedom and liberties.
The Bar Council notes that the first set of amendments by the Official Secrets Act (Amendment) Bill 2/86 was withdrawn by the Government in response to public opinion (including that of the Bar Council) and a revised set of amendments carrying a more limited classification of official secret documents was then adopted under the Official Secrets (Amendment) Bill 3/86. The Bar Council calls upon the Government to further review the Act in the present climate of economic advancement and political stability, in particular with a view of removing the mandatory jail sentence. The Bar Council is of the opinion that a mandatory jail term is inimical to fair sentencing principles where the Court is free to decide on punishment appropriate to the offence.
The Bar Council takes this opportunity to call for a review of the following provisions of the Act:
1. Section 2B which enlarges the classification of official secret documents beyond the generally accepted classification of documents warranting protection as provided for in the Schedule. Section 2B presently provides for any public officer appointed under the provision to classify any official document, information or material as "top secret", "secret", "confidential" or "restricted".
2. Section 16A that ousts the jurisdiction of the Court to question a classification where a certificate is issued by a Minister or a public officer that a document is an official secret document; and
3. Section 22, which enables the reception of accomplice evidence without the traditional safeguard of corroboration before the evidence can be considered to be worthy of credit.The Bar Council is of the view that a reform of the Act will go substantially towards enhancing press freedom in the country in line with the Government's acknowledged policy of transparency in government administration.
Dated: 5th April 1995
Hendon bte Haji Mohamed
President
Malaysian Bar
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Arrest of two journalists under the OSA
5 Apr 1995 12:00 am