Only the federal government has the power to formulate laws pertaining to crime, said Minister in the Prime Minister's Department Dr Rais Yatim today.

"The domains of crime comes under the purview of the federal government and in general, it cannot be exercised or functionalised by the state government," he said.

Rais who is also de facto law minister added the matter should be brought before the land's highest legal body — the Federal Court — to decide on the constitutionality aspect.

"I think that the only way to test the legality of the enactment is by putting up a case for the Federal Court to decide.

"But in my view, a state cannot do that (implement its own criminal code) and that only the federal government can enact such laws and it is quite clearly provided for under the Federal Constitution," said the minister after launching Amanah Rakyat Berhad's new education trust fund at the Putra World Trade Centre in Kuala Lumpur.

Controversial bill

According to press reports, the PAS-controlled Terengganu state government was scheduled to table a bill on Syariah Criminal Law ( Hudud and Qisas ) at its state assembly which begins next month.

However, the government has postponed the tabling of the bill to July in order to have some of the provisions amended.

Among the provisions within Terengganu's proposed Hudud bill is the stipulation that once an individual is charged under the proposed bill, he or she cannot have proceedings brought against him or her under the Penal Code, a secular Federal statute meant for providing punishment.

The proposed bill has also been criticised by several women's and non-governmental organisations as being discriminatory especially against women and rape victims.

The groups specifically mentioned sections Section 9, 43(1) and 48(2) of the proposed bill which focussed on rape and illicit sex ( zina ).

They claimed that under those sections, a woman who reports that she has been raped will be charged with qazaf (slanderous accusation) and flogged 80 times if she is unable to prove the rape.

Law academy

In an unrelated matter, Rais was asked to comment on the contentious Academy of Law Bill, a proposed law by the government which has irked the Bar Council..

"Parliament would be considering the bill in June or July and I don't think that there are areas which should be reconsidered because all parties are adequately represented," said the minister.

The Bar Council is also scheduled to convene an extraordinary general meeting on the issue.

"If the Bar deems fit to consider it, it is the prerogative of the Bar to have their EGM but the government has its prerogative too," said Rais.

The academy is to be set up as a legal education body tasked with supplementing and enhancing legal education in Malaysia and would accept those with the required qualifications, and including those not within the legal fraternity.

Mooted by Rais himself in early 2000, it is to be governed by a senate which comprises the Chief Justice, three Federal Court judges, the Attorney-General, the Solicitor-General, the Attorney-Generals of Sabah and Sarawak, the Bar president, academics and other high ranking officials of the legal fraternity.

While accepting the proposed bill in principle, Bar Council chairperson Mah Weng Kwai, however, said the Bar's representation in it was disproportionate and urged the government not to have the academy duplicate the Bar's function.