Flags offence - prison for "not less than 5 years' is excessive

The Penal Code(Amendment) Bill 2013 raises much concerns. It proposes a new mandatory death penalty offence, new section 121e about flags, and of course that dangerous section 440A (that is about putting up posters, flags.... without permission). Here we will look at that section 121e....

When you say "not less than 5 years", means that the Judge has no discretion but to sentence a person convicted of the offence of "mutilates, defaces, physically defiles, burns, maintains on the floor or ground, tramples on, desecrates, destroys, insults or questions with the intention of dishonouring any national emblem or flag of a foreign nation", and this is certainly excessive. Remembering in a democracy, its citizens have the right of freedom of expression... If it is to be an offence, set only the maximum prison sentence and allow the judge to have the discretion. For some persons, maybe all that is needed is 1 day in prison..or maybe 1 week remembering that this could be a youth...

Note also that this extends to 'flags of foreign nation' - so, when Malaysia protest the drone killings by the US, or even against Israel... and... they will also be sentenced to 5 years at least...It is good that a BN Mp has come out

Penal Code changes draw ire of BN's Azalina

Ram Anand 4:29PM Oct 21, 2013

PARLIAMENT Azalina Othman (BN-Pengerang) has taken a critical stand on the government's Penal Code amendment provisions, surprisingly arguing that the provisions could end up victimising "innocent people".

She took particular exception to the proposal to jail individuals for a minimum of five years for showing disrespect to the national flag Jalur Gemilang.

"What if it is just a young boy who did not think of the consequences of his actions? He would go to jail with rapists and murderers," she said when debating the amendments in the Dewan Rakyat today.

"Please have mandatory counselling for these cases. If the same (person) repeats the offence five or 10 times, then it is understandable (to penalise them). If someone burns the national flag, chances are that the person is naughty (or) insane, not bad per se.” - Malaysiakini, 21/10/2013, Penal Code changes draw ire of BN's Azalina

Knee-jerk reaction shows insecurity’

Debating the Bill, N Surendran (PKR-Padang Serai) said that introducing such sections is a “knee jerk” reaction which shows “insecurity”.

“We reject any attempt to insult the Jalur Gemilang. There is no apologies for that, but is it a crime?...

“There must be readiness to accept criticism. Such provisions in the law show that we are not confident of our flags and institutions (so that) we are too sensitive,” he said.

Khalid Samad (PAS-Shah Alam) added that the only people who think that flying the Sang Saka Malaya is a crime are “Umno who celebrate Merdeka as if it is Umno/BN Day”.

He said that this is to deny the role of others in the independence movement, and to lay a claim of monopoly on the struggle.

Khalid said that it is people who try to black out parts of history who should be punished, and not those who fly a flag that was part of the nation’s history.

This irked BN MPs who said that it is because of people like Khalid who “twist history” that such laws must exist.

Shabudin Yahaya (BN-Tasek Gelugor) said that to educate the young, we must at least agree on one flag, and defend it.

“You said that we need education to reduce crime, but how can we educate if we can’t even have one version of the flag? People will blame us if we fail to defend the Jalur Gemilang,” he said.

Nazi symbols and the Sang Saka Malaya

Wan Mohammad Khairil Anuar Wan Ahmad (BN-Kuala Kangsar) said that even in developed countries, some flags and symbols are considered taboo.

“Is Nazism accepted by Western governments? Even the slightest hint of Nazi symbols are not allowed in Europe,” he said.

To this, Khalid said that equating the Sang Saka Malaya to Nazi symbols is a “desperate move to defend a baseless law”.

“I don’t see anyone being jailed for five year it for carrying a Nazi flag in the United Kingdom.

“In fact it is even a joke, albeit dark humour, as the bulk of society has rejected it,” he said, noting that the section is driven by emotion and not rationally.
Meanwhile, Tian Chua (PKR-Batu) questioned if Malaysians will be persecuted if they trample on the Israeli flag during a protest against an Israeli attack on its neigbour.

“The law does not exempt flags of countries which Malaysia does not acknowledge,” he said.  - Malaysiakini, 21/10/2013, Sang Saka-flying act prompted Penal Code change

Do we want to send this person to jail with robbers, rapist and killers? I think not - alternative forms of punishment is preferred

 

Well, the government is amending the Penal Code, and making it an offence to even promote the usage of some other flags for States and Malaysia...surely citizens have the right to make proposals and lobby for support for their ideas that our flags be changed...surely Malaysians have the right to suggest a new flag for the country/States and to lobby to get people's support...

“Destruction, etc. of national emblem

121e.  (1)  Whoever mutilates, defaces, physically defiles, burns, maintains on the floor or ground, tramples on, desecrates, destroys, insults or questions with the intention of dishonouring any national emblem or flag of a foreign nation shall be punished with imprisonment for a term of not less than five years and not more than fifteen years, and shall also be liable to fine.

(2)  Whoever uses, recognizes or promotes the use of any flag that purports to represent Malaysia other than the flag specified as the Malaysian flag under the Schedule to the Emblems and Names (Prevention of Improper Use) Act 1963 [Act 414], or any State in Malaysia other than the flag provided for under the relevant legislation of each State, shall be punished with imprisonment for a term of not less than five years and not more than fifteen years, and shall also be liable to fine.

(3)  For the purpose of this section, “national emblem” has the meaning assigned under the National Emblems (Control of Display) Act 1949 [Act 193].”.