Proposed new security laws, to be formulated under Article 149 of the federal constitution, will continue to give the government powers to retain detention without trial.

PKR vice-president Tian Chua made the claim today, referring to Prime Minister Najib Abdul Razak's promise to abolish the Internal Security Act (ISA).

azlan “Many people without legal training do not know what Article 149 says. If we check Article 149... the government is given power to detain and deny liberty of individuals in the name of security,” he told a press conference at party headquarters in Petaling Jaya.

Such powers have generally been exercised to prevent individuals from exciting disaffection against the Agong, promoting hostility among races, or for activities deemed prejudicial to public order.

However, Chua said such laws are inconsistent with fundamental rights including freedom of speech, association and assembly as enshrined in Article 10 of the federal constitution.

He said that, once the ISA is abolished, those held under the Act must be produced in court - and that their detention should not be extended under the new laws.

The replacement of the ISA with two new laws are part of a reform package on civil liberties that  Najib had announced last Thursday.

The Batu MP's skepticism stemmed from what he described as "alarming signals" that the reforms may not be as far-reaching as imagined.

"Yesterday, the deputy prime minister (Muhyiddin Yassin) said the two laws drafted would give government the same powers, and (de facto law minister Mohamed) Nazri (Abdul Aziz has) said the drafting process will take up to a year," said Chua.

Muhyiddin had said the new laws would emphasise security and peace rather than human rights, but was confident that people would still be able to express themselves.

Query for government

Questioning the government's sincerity in implementing reforms, Chua pointed out that the PKR organ Suara Keadilan still cannot be sold legally.

The home ministry had pulled back the publishing licence last year after the party was said to have breached provisions of the Printing Presses and Publications Act (PPPA).

"I don't see why Suara Keadilan and many other publications have to be denied a permit," Chua said.

"I would like to reiterate our call. If these are real reforms, they (the government) must be committed and have the courage to implement them," he added.

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