Nazri: New law won't target legitimate dissent
The use of the term "detrimental to parliamentary democracy" is not meant to target legitimate political dissent under the Security Offences (Special Measures) Bill 2012 that the Dewan Rakyat passed today, or under amendments to other laws in its support.
The use of the term "detrimental to parliamentary democracy" is not meant to target legitimate political dissent under the Security Offences (Special Measures) Bill 2012 that the Dewan Rakyat passed today, or under amendments to other laws in its support.
"It is the most comprehensive term to describe parliamentary democracy in this country, which is democratic rule by the people, entrusted to those elected to Parliament," Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz said while tabling the amendments to the Penal Code for its second reading today.
The amendments to the Penal Code, in addition to more to the Criminal Procedure Code and the Evidence Act, are to support the newly passed security law to replace the much criticised Internal Security Act by adding provisions to define new security offences and other procedures.
Nazri said the definition of the new security offences and other procedures was borrowed from the United Kingdom's Security Services Act 1989.
The UK Act, along with other anti-terrorism laws, provides the legal framework for the existence and function of the British MI5, the state security apparatus concerned with internal security and anti-terrorism activities.
Specifically, the de-facto law minister said, the definition was lifted from Section 1(2) of the UK Act which reads:
"The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means."
Definition 'too wide and too vague'
In the Malaysian context though, Nazri said, the government decided to adapt the legislation to refer only to activities undermining parliamentary democracy through "violent or unconstitutional means" and dropping the other definitions in the UK law.
However, Opposition MPs debating the Penal Code amendments are adamant that the term "detrimental to parliamentary democracy" was still too vague and too wide and therefore open for abuse and misuse.
Many stood up to air their dissent as the BN backbenchers rose to deflect.
The Bill to amend the Penal Code will continue to be debated at the policy stage, tonight with Parliament scheduled to end its sitting for the day at 9.30pm.


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