Breach of OSA if Hamzah kept Home Ministry files - PKR MP

Opposition leader Hamzah Zainudin may have run afoul of the law if he kept any sensitive documents from his time as home minister, a PKR lawmaker said.

Pasir Gudang MP Hassan Karim (above), who is also a lawyer, said this after Hamzah implied he had "a lot of files" on current government leaders from when he was a minister.

Hassan said the minister's office files are government property, and can't be brought out of government buildings or copied in any way.

He added that ministers are also bound by their oaths to maintain secrets, which they swear before the Yang di-Pertuan Agong when taking office.

"Hamzah's remarks are against the Official Secrets Act and the oath of secrecy," the PKR MP told Malaysiakini when contacted last night.

Hamzah revealed his access to such documents during an interview with The Star, which was published yesterday.

"Don't just find fault. I can just find fault with them. I'm telling you, I know.

"I used to be the home minister, I think I've got a lot of files against them too, whether I want to use it or not," Hamzah had said while commenting on alleged political persecution by the government.

'Probe Hamzah for cover-up'

Kepong MP Lim Lip Eng echoed Hassan's remark, urging Hamzah to be probed for being complicit in the cover-up of certain pro-government politicians.

The DAP lawmaker also presented Hamzah with a set of three questions to answer, before he considers action against the latter as a government backbencher.

"Firstly, can Hamzah keep the files he claims he now possesses, especially after his term as the home minister? If the answer is yes, do other former home ministers such as Zahid Hamidi and Muhyiddin Yassin also keep such confidential records with them?

"Secondly, if Hamzah was already aware of the incriminating evidence in the alleged files, why didn't he pursue the cases against the culprits when he was a home minister? Why does he only now threaten to use the information against the current government? Is Hamzah trying to use the files as his bargaining chip in negotiation with the government in order to obtain something he wants?" Lim said in a statement.

Thirdly, Lim pointed out that Hamzah was duty-bound to uphold the course of justice by reporting the crimes to the authorities.

"If the files are under the OSA, would Hamzah not have committed a crime punishable under the act by holding on to the files?" he further asked, urging the authorities to probe whether the former minister was complicit with the culprits in covering up their acts.

Several leaders from Hamzah's party Bersatu - including its president Muhyiddin Yassin - have recently been charged with corruption.

Bersatu leaders claimed the charges are politically motivated.

Meanwhile, lawyer New Sin Yew said Hamzah's remarks showed the need for public prosecutors and enforcement agencies to be truly independent.

"Otherwise everything is subject to the political whims of the government of the day.

"That hurts the credibility of these institutions," New added.

Prime Minister Anwar Ibrahim has denied interfering with any investigations carried out by the MACC or the police.

He also denied that the charges against Bersatu leaders are politically motivated.

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