Sec. 4(3) (3) No person shall be arrested and detained under this section solely for his political belief or political activity.(12) For the purpose of this section, “political belief or political activity” means engaging in a lawful activity through—
(a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political
party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by—
(i) membership of or contribution to that party; or
(ii) open and active participation in the affairs of that party;
(b) the expression of an opinion directed towards any Government in the Federation; or
(c) the pursuit of a course of action directed towards any Government in the Federation.
6. (1) Notwithstanding any other written law, the Public Prosecutor, if he considers that it is likely to contain any information relating to the commission of a security offence, may authorize any police officer—
(a) to intercept, detain and open any postal article in the course of transmission by post;
(b) to intercept any message transmitted or received by any communication; or
(c) to intercept or listen to any conversation by any communication.
(2) The Public Prosecutor, if he considers that it is likely to contain any information relating to the communication of a security offence, may—
(a) require a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; or
(b) authorize a police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such evidence.
- 8. (1) Notwithstanding section 51A of the Criminal Procedure Code, if the trial of a security offence involves matters relating to sensitive information the Public Prosecutor may, before the commencement of the trial, apply by way of an ex parte application to the court to be exempted from the obligations under section 51A of the Criminal Procedure Code.
Section 51A of the Criminal Code is this...
Admissibility of intercepted communication51A. Delivery of certain documents. (Criminal Procedure Code)(1) The prosecution shall before the commencement of the trial deliver to the accused the following documents:(a) a copy of the information made under section 107 relating to the commission of the offence to which the accused is charged, if any;(b) a copy of any document which would be tendered as part of the evidence for the prosecution; and(c) a written statement of facts favourable to the defence of the accused signed under the hand of the Public Prosecutor or any person conducting the prosecution.(2) Notwithstanding paragraph (c), the prosecution may not supply any fact favourable to the accused if its supply would be contrary to public interest.
Admissibility of intercepted communication
24. Where a person is charged for a security offence, any information obtained through an interception of communication under section 6 shall be admissible as evidence at his trial and no person or police officer shall be under any duty, obligation or liability or be in any manner compelled to disclose in any proceedings the procedure, method, manner or any means or devices, or any matter whatsoever with regard to anything done
under section 6.
(2) Such statement or confession shall be recorded in full in writing by the Sessions Court Judge to whom it is made and shall then be forwarded to the court before which the case is to be tried.
Finally, I saw that this Bill have been uploaded on the Parliament Website, and above are some of my initial comments about this Bill.
Note also that what the government intends to repeal is just the ISA - not the other 2 laws that allow for Detention Without Trial, which could very easily be used like the ISA. Emergency (Public Order and Prevention of Crime) Ordinance 1969 could, I believe, very easily be used against persons who the ISA was used before, more so since there are now 'new crimes'....
All Detention Without Trial Laws need to be repealed...