The Bar Council today accused the Perlis government of oversimplifying the problem of social ills in the state by proposing a curfew on all juveniles (aged 18 and below) from 10pm to dawn.

Its chairperson Mah Weng Kwai ( photo ) said the state government should reconsider its proposal and focus instead on improving existing methods or creating more positive ones "to strengthen the family unit and win youths over from a life of delinquency".

He said the council does appreciate the increasing number of youths involved in social ills, but feels that a curfew will not resolve the problem.

"We are of the view that the proposal oversimplifies both the problem and the solution and avoids dealing with the substantive issues that affect troubled youths," he added in a press statement.

Saying that the move was not only impractical for enforcement purposes, Mah also noted that the state had "seriously misconceived" its authority to enact laws and its understanding of accepted legal norms.

"The proposal is entirely unconstitutional in nature in that it deprives individuals of their constitutional rights under the Federal Constitution to freedom of movement and association," he said.

"In addition, the proposed curfew imposes a blanket prohibition on all youths in the proposed age bracket irrespective of whether an offence has been committed or not."

Shahidan's denial

Last week, Perlis Menteri Besar Shahidan Kassim ( photo ) proposed a 10pm-till-dawn curfew in the state to prevent teenagers from patronising entertainment outlets and isolated crime-prone areas.

He claimed that he was only acting on the complaints by several parents, parent-teacher associations and women's organisations.

However, the New Straits Times today quoted him as denying using the word "curfew".

Explaining that the move was in response to calls for "effective control" over teenagers, Shahidan blamed an English daily for using the word "curfew" which was later highlighted by the other media.

Breach of law

Last Saturday, Minister in the Prime Minister's Department Dr Rais Yatim ( photo ) had declared that such a move was unconstitutional as it would be in breach of the Federal Constitution.

Stating that Perlis had no legislative authority to pass such a law, the minister added that the proposed curfew would also breach existing laws such as the one on false imprisonment where the confinement of a person is prohibited.

Only preventive detention laws such as the Internal Security Act and the Drug Prevention Act allows for detention of persons, he added.

The proposal is expected to be discussed at the state exco meeting on Jan 15.