Home minister: What detention without trial?
Home Minister Ahmad Zahid Hamidi today denied the existence of provisions for detention without trial under the proposed amendments to the Prevention of Crime Act (PCA).
Home Minister Ahmad Zahid Hamidi today denied the existence of provisions for detention without trial under the proposed amendments to the Prevention of Crime Act (PCA).
He said those detained under registrable offences are allowed to challenge the three-member Crime Prevention Board's decision.
"There is no such thing as detention without trial (under the proposed amendments)," he stressed.
Ahmad Zahid added that the decision of the board to direct registered persons to be detained under a detention order could be subject to review by the High Court.
He chided certain quarters who have viewed PCA amendments negatively.
"If the registered person is not satisfied with the board's decision, the counsel can bring the case to High Court, not by appealing, but through a judicial review," he said.
PCA critics get lashing
Ahmad Zahid had also hit out at certain quarters for viewing the PCA amendments in a poor light.
On MCA and Gerakan opposing detention without trial, he said: "I would like to urge them to read (amendments) in detail ... to study ... (but) not just simply giving negative comments.
"We are ready to meet them (MCA and Gerakan) before or after the PCA is tabled," he added.
Ahmad Zaid also denied Bar Council's claims that the body was not consulted over the amendments before tabling.
"I invited them (Bar Council)... the president (Christopher Leong) to Sunway for a dialogue session.
"What consultation you want? Does that mean I have to sit down with them, discuss the clauses in detail or what?
"We (government) have taken the effort to listen to all quarters," said Ahmad Zahid.
The newly-introduced Section 15A(1) explicitly states that no judicial review is allowed against the board's decision or findings in the exercise of its discretionary powers.
However, judicial review is still applicable to matters concerning the board's compliance with procedural requirements.
Section 19A(2) allows a High Court review of the board's decision when ordering a detention or extending a registered person's detention period.
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