The definition of 'terrorist act' under the Penal Code will be amended. This follows concerns among professionals such as lawyers and accountants over a controversial anti-terror law passed three years ago.

The amendment was proposed by the seven-member parliamentary select committee on Penal Code and Criminal Procedure Code (CPC) in its report tabled to the Dewan Rakyat last Thursday.

The committee took two years to come up with the recommendations.

The anti-terror chapter under the Penal Code passed in November 2003 - but yet to be enforced - aimed to punish not only terrorists but those who provide them services, harbour or interfere with their arrest, or provide them with facilities such as meeting places.

This elicited opposition from lawyers and accountants as well as journalists , who feared that the new provision and vague definition of the term 'terrorist act' would undermine their professional duty, and place an obligation on them to determine if their clients are terrorists.

Under the amendment passed in 2003, 'terrorist act' had been defined as among others - seriously injuring a person, endangering a person's life and actions prejudicial to national security or public safety.

If the act resulted in death(s), the professionals - who have been deemed as helping the terrorist - could also face the gallows or a jail term of up to 30 years.

Is it sufficient?

Taking these concerns into account, the select committee - in its newly tabled report - to insert a new clause to redefine 'terrorist act' to an action done with the "intention of advancing a political, religious or ideological cause".

It also suggested that a 'terrorist act' must have the intention to "intimidate the public or a section of it" or to "compel the government to do or refrain from acting".

However, another clause made exceptions for acts done with the purpose of "advocacy, protest, dissent or industrial action" and is not intended to injure or endanger another person's life.

This exception could allay the fears of political activists that street protests could fall under the earlier definition of terrorism.

However, the committee members and professionals are at odds as to whether the re-definition adequately addressed the concerns of the latter.

While the professionals argue that the report did not propose any amendments to the issue of 'providing services' to terrorist, committee member Teresa Kok (DAP-Seputeh) said the redefinition is sufficient.

The government had previously said the new anti-terror law in the Penal Code was to enable Malaysia to accede to the International Convention for the Suppression of the Financing of Terrorism adopted by the general assembly of the United Nations on Dec 9, 1999.

Intercepting calls, messages

Meanwhile, the select committee concluded that there was no necessity to amend a controversial provision in relation to terrorism offences under the CPC, which allowed the public prosecutor to authorise a police officer to intercept telecommunication conversations or messages believed to be terror-related.

"After considering all the feedback and views from the public, the committee decides that the (terrorism offences-related) provisions are suitable, consistent with current laws and such provisions are needed for public interest," the report stated.

"These powers are to curb terrorism offences. The power of the public prosecutor under section 106C (power to intercept communications) is suitable because immediate action has to be taken by him to authorise a police officer to intercept into certain communications.

"The public prosecutor in this country is independent and not involved in the investigation of a case. Moreover, a similar provision is provided under the Kidnapping Act 1961, Anti-Corruption Act 1997 and Dangerous Drugs Act 1952," it added.

The select committee, formed in July 2004, following public outcry over controversial amendments to the two codes, is headed by former de facto law minister Radzi Sheikh Ahmad, who is now the home minister.

The other members are Dr Wan Junaidi Tuanku Jaafar (BN-Santubong), SK Devamany (BN-Cameron Highlands), Tan Ah Eng (BN-Gelang Patah), Donald Peter Mojuntin (BN-Penampang), Che Min Che Ahmad (BN-Pasir Puteh).

The comprehensive report also incorporates the amendment bills for the two codes. The two bills are scheduled to be presented for the second reading in the next Dewan Rakyat sitting in June.