The
Malaysian Bar is appalled by the unrelenting misuse of the Sedition Act
1948 and other laws, and investigations and threats of prosecutions
thereunder, to stifle speech and expression over the past four weeks.
The abuse has continued unabated in the past few days.
We refer to the following incidents:
(1) A
preacher, Abu Bakar Baikalani, was reported in the news media on 11
September 2014 as having been arrested and under investigation pursuant
to section 4(1) of the Sedition Act 1948 for allegedly insulting the
Government and police, by criticising the mass arrest of members of
Pasukan Peronda Sukarela (“PPS”);
(2) A
lawyer, Edmund Bon, was reported in the news media on 12 September 2014
as being investigated under the Sedition Act 1948 in relation to his
alleged comments on the Federal Constitution, by way of legal opinion,
in a news report entitled “Bukan Islam tidak perlu patuh kepada titah
Diraja atau fatwa, kata peguam”;
(3) An
opposition politician and lawyer, Hassan Karim, was reported in the
news media on 13 September 2014 as being investigated under the Sedition
Act 1948 over postings on Twitter with regard to the Selangor Menteri
Besar (Chief Minister) crisis. The police had attended at his house and
confiscated his laptop and mobile phone;
(4) A
director of a Malaysia-based think-tank known as Inter-Research and
Studies, Wong Hoi Cheng, was reported in the news media on 15 September
2014 as having been charged in court under section 504 of the Penal Code
for allegedly insulting and provoking the Inspector General of Police
(“IGP”), by having tweeted a criticism of the mass arrest of members of
PPS and comparing the IGP to Henrich Himmler, the leader of the feared
“SS” during Adolf Hitler’s World War II rule over Germany. He also
faces an alternative charge under section 233(1) of the Communications
and Multimedia Act 1998.
These
recent events or actions are alarming. The Malaysian Bar is deeply
concerned that as we celebrate the 51st anniversary of the formation of
Malaysia we are lurching steadily towards an intolerant authoritarian
State.
The
recent reports of a lawyer, Edmund Bon, being placed under
investigation for expressing his legal opinion on matters in the public
domain are deplorable. The Malaysian Bar also recalls the recent
prosecution of Dr Azmi Sharom, a law lecturer, for offering an opinion
on matters connected with the law and the Federal Constitution. It is
unjustifiable and unacceptable that people are being placed under
investigation or charged for expressing opinions or views with regard to
or based on the law and the Federal Constitution.
Lawyers
are duty-bound by the Legal Profession Act 1976 and the Montreal
Declaration of June 1983 to uphold the cause of justice without fear or
favour, and without regard to their own interest; and to protect and
assist the public in all matters touching, ancillary or incidental to
the law.
The
United Nations Basic Principles on the Role of Lawyers provides that
lawyers shall have the right to freedom of expression, belief and
assembly, and shall have “the right to take part in public discussion of
matters concerning the law, the administration of justice, and the
promotion and protection of human rights”.
The
United Nations Basic Principles go on to provide that governments shall
ensure that lawyers “are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper
interference”, as well as “shall not suffer, or be threatened with
prosecution or administrative, economic or other sanctions for any
action taken in accordance with recognized professional duties,
standards and ethics”.
Previous
to the recent events, we witnessed various actions being taken by the
authorities under the Sedition Act 1948, or section 499 or section 504
of the Penal Code, against students, an academic, members of civil
society, journalists, Members of Parliament and Members of the State
Assembly. There was additionally the mass arrest of members of the PPS
immediately after they completed their participation in the Penang State
National Day parade.
These
actions by the authorities have given rise to grave concerns that a
culture of intimidation, fear and subjugation is being perpetrated and
perpetuated by the misuse of the Sedition Act 1948 and other laws such
as section 499 and section 504 of the Penal Code.
The
Malaysian Bar shares the wishes and hopes of all right-thinking
Malaysians for genuine peace, harmony and unity. The Malaysian Bar
however questions whether these can simply be legislated into existence,
and whether the use of the Sedition Act 1948, and the other laws as
described, would serve to achieve these aspirations. In addressing the
substantive issues, the people of Malaysia should honestly ask
themselves these questions: “Who is it that is behaving in a menacing
manner and threatening public disorder? Who is it that is causing
disharmony and disunity? Is the Sedition Act 1948 being evenly used?”
The answers are plain for all to see, if only one bothers to look.
The
Malaysian Bar calls on the authorities to cease their action against
all of these individuals, and to recognise the right to freedom of
speech and expression. The authorities must not use an abhorrent piece
of colonial-era legislation to protect themselves from fair comment and
criticism.
Christopher Leong
President
Malaysian Bar
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