Malaysiakini:

We understand you're preparing a major report for the government on the administration of justice.

Rais:

The report will cover the performance of various agencies committed with judicial process, justice, the administration of justice in general - the police, customs, immigration, the administrative aspects of the courts and questions related to justice in general in the country.

We would like to include in the report views from various sectors as well ... from the Biro Pengaduan Awam (Public Complaints Bureau) and those that we have extracted from the media. Hopefully we could highlight some of the matters which need revamping.

Malaysiakini:

What is the status of report?

Rais:

I think about 30 percent of the work is now underway. I can't guarantee when it could be out. Initially I wanted it to be out by March and I hope I can pursue that date. Actually there is nothing pressing. It is an initiative from the legal division from the PM's department that I head. If the report is well received on its inquiry and subject content, we might want to publish it. If it is still embryonic and insufficient, we will have to wait until it is authoritative enough.

Malaysiakini:

What are the proposals in the report?

Rais:

I can't tell as I haven't got the collation in order but naturally it pertains to views expressed vis a vis the judiciary, for example, the backlog of cases, the treatment of prisoners or inmates, the criticisms in the past months on the role of the police in the incarceration of an offender under the powers provided by the CPC (Criminal Procedure Code).

We will also be focusing on some of the laws pertaining to the security and public order. As you know the views expressed on the ISA (Internal Security Act), the Police Act, the 1969 Public Order Act and various other legislation.

I would like to emphasise that if there is a need for us to portray the situation in respect of the Printing Presses and Publication Act 1984 ... some of these are within the ambit of this report.

We will be making recommendations upon those criticisms. It would be proper to say that the public can write in to the ministry or directly to me. Naturally the Biro Pengaduan Awam is competent to do this and we are working closely with them. We will be calling them for a meeting early next year (2001).

We will also hear views from Suhakam (Human Rights Commission) and they could copy to us those matters that they have received. We will also extend the matter to the Bar Council, Suaram and some other NGOs. Also I have instructed that some extracts from the Justice in Jeopardy report are included in the report and I would like the government to have a look at it.

I have put a piecemeal report to the cabinet, for example on the need to have a re-examination or a review of laws, a general review. We don't have a proper law review process in the country. I am very much interested in that ... for a law review process that would ultimately cater for constant re-examination of legislation pertaining to rights in the country and pertaining to the need to have certain legislation intact or otherwise.

I will be putting in these views significantly for the year 2001 and beyond. Malaysia should come with a very clear system and appraisal of the law and we must be enough to say that when a law is necessary, we say "yes" it is necessary and we must put it there. We must not be unabashed about it.

Malaysiakini:

Bringing IT (information technology) into the courts will be quite a challenge.

Rais:

Funds are in but problems are elsewhere ... our courthouses are very old and it's not easy to throw in the IT concept into these buildings. The physical infrastructure must be there. For the next five years we have programmes like a new Hall of Justice in Putrajaya, a new high court complex in Kuala Lumpur, these will be given the priority to be equipped with the IT gadgets.

The present federal court complex is not fit to undergo major wiring works for IT. But we will try to do what we can. Off hand, I can tell you that the government has spent RM60million for a few computer projects in KL courts. We are pushing for a complete IT programmes in court under the Eighth Malaysia Plan.

Apart from this, those who run the judiciary must also adapt themselves to the changes. Of course, there are many now that can even utilise PC and laptops. For the older generation, we can't do much but for the younger set, they are quite competent in IT. The important thing is for a proper utilisation of the programme, looking at the various systems in the Commonwealth that have introduced the IT system successfully.

Next year, there will be another comparative study group for the judiciary, which has been approved by the EPU (Economic Planning Unit).

Malaysiakini:

What's this new Hall of Justice?

Rais:

It will house the Court of Appeal and the Federal Court. Work will start next year (2001). RM400 million has been allocated for this. It will be equipped with the latest apparatus, including the IT aspects. There are suggestions to call it the Palace of Justice but some of us believe the word palace should not be there, so we will call it the Hall of Justice.

The High Court will be housed in a new complex in Jalan Duta (in Kuala Lumpur). For this project, the preliminary work has already commenced. For the Putrajaya one, it won't see the light of day until after two years. For KL, the completion period will be around the same time.

One thing to notice - the complexes in Putrajaya and KL will have a very big use of IT technology. We will also be looking in expanding the court personnel (judges and staff) and accessories to make the 21st century courthouse more efficient. Also, expect an improvement in the legal research facility later on.

Malaysiakini:

What will happen to Bangunan Sultan Abdul Samad, where the current courts are housed?

Rais:

I believe that place will always be used by the judiciary. There are no plans yet to give it away to some other department. I'm more inclined to recommend that the building is kept with the judiciary. For what? We do not know yet.

Malaysiakini:

On the oil royalty issue, what's your reaction to law suit to be filed by Terengganu against the federal government?

Rais:

The federal government is satisfied that Terengganu has no legal status or legal right to the petroleum that is being produced by Petronas almost 100km from the coastal area of the state.

With the law in force now - like the Petroleum Development Act, for example, and other Acts - we are of the opinion that the state has no locus standi at all to demand for the right of royalty. Money given previously solely on the basis of the political decision of the government to utilise the Petronas profits. Now if they want to take up legally, we are prepared to face them. It can't be a political issue.

Malaysiakini:

What's your aspirations in Umno?

Rais:

I shouldn't express (my aspirations) anymore. I tried but I was rejected. Maybe because I did not practise the kind of politics they do therefore I don't see myself to be within Umno politics.

The value system is different. I cannot subscribe to the system of money politics that Dr M (Prime Minister Dr Mahathir Mohamad) has been talking about. If money politics is left behind and there is a new system, then I have a role. But if Umno politics is pursuant still to the present gamut, I don't think I could have a role.

At best, I could be an active member but beyond that I believe that I can't play any role. The value system has to be totally changed. Dr M is trying to fix a certain value and working system.

I would like to see when Dr M abhors money politics, I would expect to see that it should be followed by legal remedy, an enforcement kind of thing. Maybe this is due to me being a legal man. If you ask me, money politics will go out of the window if you ask the Anti-Corruption Agency to come in.

Part 1