Sang Saka-flying act prompted Penal Code change
PARLIAMENT Among the reasons for the government amending the Penal Code to jail those who insult the national flag Jalur Gemilang was the flying of the leftist Sang Saka Malaya flag during a Merdeka eve event in August.
PARLIAMENT Among the reasons for the government amending the Penal Code to jail those who insult the national flag Jalur Gemilang was the flying of the leftist Sang Saka Malaya flag during a Merdeka eve event in August.
Tabling the second reading of the amendment Bill, Minister in the Prime Minister's Department Nancy Shukri said the incident was "very sad" as the act could not be punished under the existing Penal Code.
"On Merdeka eve, a group of people flew the Sang Saka and claimed that this was the Malaysian flag. The nation's dignity was insulted but no action can be taken because there is no legal provision for this. It was very sad," Nancy said.
She added that lately there have also been cases where the Jalur Gemilang was “willfully flown upside down, trampled on or burned”.
Proposed sections state that the maximum penalty for trampling on the Jalur Gemilang or flying another flag other than the Jalur Gemilang to represent Malaysia is a jail term of no less than five years and not more than 15 years.
‘Knee-jerk reaction shows insecurity’
Debating the Bill, N Surendran (PKR-Padang Serai) said that introducing such sections is a “knee jerk” reaction which shows “insecurity”.
“We reject any attempt to insult the Jalur Gemilang. There is no apologies for that, but is it a crime?...
“There must be readiness to accept criticism. Such provisions in the law show that we are not confident of our flags and institutions (so that) we are too sensitive,” he said.
Khalid Samad (PAS-Shah Alam) added that the only people who think that flying the Sang Saka Malaya is a crime are “Umno who celebrate Merdeka as if it is Umno/BN Day”.
He said that this is to deny the role of others in the independence movement, and to lay a claim of monopoly on the struggle.
Khalid said that it is people who try to black out parts of history who should be punished, and not those who fly a flag that was part of the nation’s history.
This irked BN MPs who said that it is because of people like Khalid who “twist history” that such laws must exist.
Shabudin Yahaya (BN-Tasek Gelugor) said that to educate the young, we must at least agree on one flag, and defend it.
“You said that we need education to reduce crime, but how can we educate if we can’t even have one version of the flag? People will blame us if we fail to defend the Jalur Gemilang,” he said.
Nazi symbols and the Sang Saka Malaya
Wan Mohammad Khairil Anuar Wan Ahmad (BN-Kuala Kangsar) said that even in developed countries, some flags and symbols are considered taboo.
“Is Nazism accepted by Western governments? Even the slightest hint of Nazi symbols are not allowed in Europe,” he said.
To this, Khalid said that equating the Sang Saka Malaya to Nazi symbols is a “desperate move to defend a baseless law”.
“I don’t see anyone being jailed for five year for carrying a Nazi flag in the United Kingdom.
“In fact it is even a joke, albeit dark humour, as the bulk of society has rejected it,” he said, noting that the section is driven by emotion and not rationally.
Meanwhile, Tian Chua (PKR-Batu) questioned if Malaysians will be persecuted if they trample on the Israeli flag during a protest against an Israeli attack on its neigbour.
“The law does not exempt flags of countries which Malaysia does not acknowledge,” he said.
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