The country comes ever closer to seeing a resurrection of detention without trial under the Prevention of Crime Act.
UPDATED
KUALA LUMPUR: The amendments to the Prevention of Crime (Amendment and Extension) Bill today passed its second reading stage, paving way for the third and final reading where it will be debated at the committee stage.
In a secret voting, 115 MPs voted in favour of the final reading, while 66 MPS voted against it.
Under the proposed amendments to the PCA, hardcore criminals can be detained for up to two years without trial.
The bill will likely be passed by tonight or tomorrow, despite Pakatan Rakyat’s unanimous opposition against the amendments, which they have labeled as “draconian” and “undemocratic”.
In tabling the second reading today, Home Minister Ahmad Zahid Hamidi argued that the amendments were crucial to allow the police to take a “proactive” approach to crime.
“The police have vast experience and expertise in managing crime in this country, especially in terms of investigating and arresting criminals,” he said in his winding-up speech.
“However, the [facilities] we have, such as forensic labs, DNA databanks, fingerprint records centres and ballistic test labs can only be used after a crime occurs; it is reactive.
“What is important is preventive or proactive steps before the crime even takes place,” he told the Dewan Rakyat today.
He said strong preventive action by the police was impossible ever since the Emergency Ordinance 1969 and the Internal Security Act 1960 had been abolished, and this was why the amendments in the PCA were necessary.
The Bagan Datoh MP also rebutted claims by Sepang MP Mohamed Hanipa Maidin that the government was reintroducing detention without trial because the police were not brave enough to bring serious criminal cases to court.
“Up to today, many cases of heavy and serious crimes have been brought to court. More than 25% cases out of all investigation papers opened saw individuals charged in court,” said Ahmad Zahid.
The problem, he said, lay with the witnesses, who were too afraid for their own safety or that of their family’s to testify in court.
“With this Bill, witnesses need not testify in court. They only have to come forward and testify to inquiry officers,” said Ahmad Zahid.
No judicial review
The amendments to the PCA were tabled last week in Parliament, sparking an uproar among the opposition as well as civil societies and triggering several street protests.
Under the proposed new sections 7B and 7C of the Bill, a three-member Prevention of Crime Board would be formed, consisting of a senior-ranking judges as the chairman and two other members.
The board is empowered to issue a detention order under Section 19(a) of the Bill on grounds that “a person has committed two or more serious offences, whether or not he is convicted thereof, if the report finds sufficient evidence to support such finding”.
“That the person has previously been placed under a supervision order under Section 15 and has contravened or failed to comply with any order or restriction imposed on him, whether or not he has been convicted under subsection 15(4),” the Bill says.
The board can also put the person under monitoring on similar conditions.
Section 19A of the bill says the detention order lasts for two years, and may be renewed for a further period not exceeding two years at a time.
Section 15A says there shall be no judicial review in any court in respect of any decision made by the board in exercising of its discretion, except in regards to any question on procedural matters.
UPDATED
KUALA LUMPUR: The amendments to the Prevention of Crime (Amendment and Extension) Bill today passed its second reading stage, paving way for the third and final reading where it will be debated at the committee stage.In a secret voting, 115 MPs voted in favour of the final reading, while 66 MPS voted against it.
Under the proposed amendments to the PCA, hardcore criminals can be detained for up to two years without trial.
The bill will likely be passed by tonight or tomorrow, despite Pakatan Rakyat’s unanimous opposition against the amendments, which they have labeled as “draconian” and “undemocratic”.
In tabling the second reading today, Home Minister Ahmad Zahid Hamidi argued that the amendments were crucial to allow the police to take a “proactive” approach to crime.
“The police have vast experience and expertise in managing crime in this country, especially in terms of investigating and arresting criminals,” he said in his winding-up speech.
“However, the [facilities] we have, such as forensic labs, DNA databanks, fingerprint records centres and ballistic test labs can only be used after a crime occurs; it is reactive.
“What is important is preventive or proactive steps before the crime even takes place,” he told the Dewan Rakyat today.
He said strong preventive action by the police was impossible ever since the Emergency Ordinance 1969 and the Internal Security Act 1960 had been abolished, and this was why the amendments in the PCA were necessary.
The Bagan Datoh MP also rebutted claims by Sepang MP Mohamed Hanipa Maidin that the government was reintroducing detention without trial because the police were not brave enough to bring serious criminal cases to court.“Up to today, many cases of heavy and serious crimes have been brought to court. More than 25% cases out of all investigation papers opened saw individuals charged in court,” said Ahmad Zahid.
The problem, he said, lay with the witnesses, who were too afraid for their own safety or that of their family’s to testify in court.
“With this Bill, witnesses need not testify in court. They only have to come forward and testify to inquiry officers,” said Ahmad Zahid.
No judicial review
The amendments to the PCA were tabled last week in Parliament, sparking an uproar among the opposition as well as civil societies and triggering several street protests.
Under the proposed new sections 7B and 7C of the Bill, a three-member Prevention of Crime Board would be formed, consisting of a senior-ranking judges as the chairman and two other members.
The board is empowered to issue a detention order under Section 19(a) of the Bill on grounds that “a person has committed two or more serious offences, whether or not he is convicted thereof, if the report finds sufficient evidence to support such finding”.
“That the person has previously been placed under a supervision order under Section 15 and has contravened or failed to comply with any order or restriction imposed on him, whether or not he has been convicted under subsection 15(4),” the Bill says.
The board can also put the person under monitoring on similar conditions.
Section 19A of the bill says the detention order lasts for two years, and may be renewed for a further period not exceeding two years at a time.
Section 15A says there shall be no judicial review in any court in respect of any decision made by the board in exercising of its discretion, except in regards to any question on procedural matters.
No comments:
Post a Comment