Malaysian Bar should not have even suggested Sedition Act for Zahid Hamidi - it is draconian law that must be repealed

I am of the opinion that it was wrong of the Bar to suggest Sedition Act, when clearly our objective must be for the repeal of this draconian legislation. The legislation, unlike defamation law provides no defence even if what was alleged was the truth. It is a law that undermines the freedom of expression and opinion which is fundamental in a democracy

Malaysiakini's report emphasized this point in their title. But to be fair to the Malaysian Bar, the mention of the Sedition Act is just a small portion of the overall good statement. (The full Malaysian Bar statement is found below)

 

 

Bar: Zahid possibly committed offence under Sedition Act

7:56AM Oct 9, 2013

The Malaysian Bar feels Home Minister Ahmad Zahid Hamidi may have stepped over the line and possibly committed an offence under the Sedition Act by uttering controversial statements at a ‘security briefing ceremony with community leaders' in Malacca last Saturday.

Its president Christopher Leong described Ahmad Zahid Hamidi's statement as "shameful and had brought the country into disrepute".

Expressing shock with the minister's statement as reported in the media, Leong said what Ahmad Zahid had stated meant in effect that:

• The police are to shoot first and ask questions later.
• The amendments to the Prevention of Crime Act 1959 providing for detention without trial was his own law.
• In the event there is insufficient evidence, the suspects would be put away for two years.

"The Malaysian Bar deplores and condemns the statements by the home minister because it reveals his complete disregard for the rule of law, his indifference to human rights and utter lack of respect for debate and argument in Parliament.

"His statement could be interpreted to support extra-judicial killings by the police. This is extremely worrying and is irresponsible conduct by the home minister. He appears to have overstepped the line and possibly committed an offence under the Sedition Act," Leong (left) warned in a statement.

While Leong did not state under which provisions of the Sedition Act the minister may have crossed, Section 3 (e) of the Act says statements that have seditious tendency are those promoting feelings of ill will and hostility among the different races or classes of the population of Malaysia.

The home minister was reported to have said the majority of gangsters were Malaysians of Indian descent, that the victims were of another race, and that there was therefore nothing wrong in arresting or shooting them.

Leong also pointed out that Zahid was further reported to have said that a criminal group known as Tiga Line, which had been declared unlawful by the Home Ministry, to be benevolent gangsters, and encouraged them continue with their activities.

He said the minister's scant regard for the views of fellow MPs demonstrated that any talk about considering the views and proposals of others, including non-governmental organisations and civil society, was a charade.

Leong noted that Zahid promised to produce data and statistics to Parliament and the public to justify his statement that the spike in serious crime was due to the repeal of the Internal Security Act 1960 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969.

However, the Bar president said the minister has failed to provide an iota of evidence to support that contention.

"Instead it is reported that he resorted to collusion with the inspector-general of police and the minister in charge of parliamentary affairs in the push for the amendments to the Prevention of Crime Act 1959."

Leong also touched on Zahid's threat to reporters that the ministry would shut down the newspapers that reported the Malacca event, calling this an attempt to silence the media.

"It is outrageous for the home minister to threaten to use his official position in an attempt to cow the media and shield himself."

Zahid who is defending his post  of vice-presidency in this month's Umno elections, had made these remarks in a 20-minute speech, of which Malaysiakini has obtained a recording.

[To hear the full recording of Ahmad Zahid Hamidi's speech, click here] - Malaysiakini, 9/10/2013, Bar: Zahid possibly committed offence under Sedition Act http://www.malaysiakini.com/news/243355

Press Release: Appalling Statements by the Minister of Home Affairs Brings Disrepute to Malaysia

The Malaysian Bar is shocked and appalled by recent revelations in the media with respect to what was said by Dato’ Seri Dr Ahmad Zahid bin Hamidi, Minister of Home Affairs, at a speech delivered at the Malacca International Trade Centre in Ayer Keroh, Malacca, on 5 October 2013.

The Minister of Home Affairs was reported to have stated in effect that:

(a) the police are to shoot first and ask questions later;

(b) the recent amendments to the Prevention of Crime Act 1959 providing for detention without trial was his own law; and

(c) in the event there is no evidence or there is insufficient evidence, the suspects would be put away for two years.

The Minister of Home Affairs is also reported to have said that the majority of gangsters were Malaysians of Indian descent, that the victims were of another race, and that there was therefore nothing wrong in arresting or shooting them.  The Minister of Home Affairs is further reported to have said that a criminal group known as Tiga Line, which has been declared unlawful by the Ministry of Home Affairs, to be benevolent gangsters and had encouraged them to continue with their activities.

The Malaysian Bar deplores and condemns the statements by the Minister of Home Affairs because they reveal his complete disregard for the rule of law, his indifference to human rights, and his utter lack of respect for debate and argument in Parliament.  His statements could be interpreted to support extra-judicial killings by the Police. 

The Minister’s scant regard for the views of fellow Parliamentarians demonstrates that any talk about considering the views and proposals of others, including non-governmental organisations and civil society, is a charade. 

It should be remembered that the Minister of Home Affairs promised to produce data and statistics to Parliament and the public to justify his statement that the spike in serious crime was due to the repeal of the Internal Security Act 1960 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969.  He has failed to provide an iota of evidence to support his contention.  Instead, it is reported that he resorted to collusion with the Inspector General of Police and the Minister in charge of Parliamentary Affairs in the push for the amendments to the Prevention of Crime Act 1959.

The Minister of Home Affairs has also apparently threatened reporters from reporting on what was said at the event in Malacca and gone on to threaten to shut down newspapers.  This attempt to silence the media is indicative that he appreciates the wrongness of his statements.  It is outrageous for the Minister of Home Affairs to threaten to use his official position in an attempt to cow the media and shield himself.

His statement supporting the use of excessive force in dealing with criminals in effect encourages a shoot-to-kill policy.  This is extremely worrying and irresponsible conduct by the Minister of Home Affairs.

The Minister of Home Affairs appears to have overstepped the line and possibly committed an offence under the Sedition Act 1948.  The statements by the Minister of Home Affairs are shameful and have brought the Government and the country into disrepute.

 

Christopher Leong

President

Malaysian Bar

8 October 2013

 

Source: Malaysian Bar Website