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Thursday 28 January 2010

Hisham cancels ISA reforms briefing for opposition, activists

KUALA LUMPUR, Jan 28 — Home Minister Datuk Seri Hishammuddin Hussein has just cancelled today’s briefing for opposition leaders and activists on reforms for the tough Internal Security Act (ISA) 1960, which he said yesterday was used recently to detain 10 in an international terror plot.

His aides did not give a reason for the cancellation in a text message to reporters. However, they apologised for the inconvenience.

DAP Parliamentary Leader Lim Kit Siang yesterday confirmed the 2pm meeting at the Home Ministry, to discuss the amendments which are expected to be tabled in the next parliamentary session beginning March 15.

“It’s three from each of our parties in the Pakatan Rakyat,” the Ipoh Timur MP had told The Malaysian Insider, adding other activists are also expected to attend the meeting.

Lim, a former ISA detainee, had earlier said in a statement that Hishammuddin should clarify at the meeting the latest round of ISA detentions. The home minister said he could not provide further details except to say the nine foreign nationals and one Malaysian were arrested with help from foreign intelligence agencies.

Hishammuddin also said the detainees were picked up recently under the law that allows for detention without trial.

The act came about when the British used preventive detention in then Malaya in 1948 to combat an armed insurgency carried out by the Malayan Communist Party during the Malayan Emergency. The Emergency Regulations Ordinance 1948 was made, following the proclamation of an emergency, by the British High Commissioner Sir Edward Gent.

It allowed the detention of persons for a period not exceeding one year. The 1948 ordinance was primarily made to counter acts of violence, and conceivably, preventive detention was meant to be temporary in application. The emergency ended in 1960 and, with it, ended the powers contained in that ordinance as it was repealed.

The power of preventive detention remained a feature when, in 1960, the government passed the Internal Security Act under Article 149 of the Federal Constitution.

It permitted the detention, at the discretion of the home minister, without charge or trial of any person in respect of whom the home minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia.

The government is in now the final stages of revising the ISA, with amendments that will revolve around five areas: the length of detention; rights and treatment of detainees and their families; the power of the home minister; the use of ISA for political reasons; and detention without trial.

On Aug 1, 2009, about 20,000 people took part in anti-ISA protests in Kuala Lumpur. The protesters had planned to march to the national palace to submit a petition to the Yang diPertuan Agong denouncing the security law. Reports said there were up to 15,000 to 20,000 demonstrators facing 5,000 police.

On the previous day, the police set up roadblocks in order to control the protests. During the march, police fired tear gas and water cannons when confronted by protestors and made numerous detentions.

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