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Amendment needed for Security Offences (Special Measures) Act 2012

Security Offences (Special Measures) Act 2012

He added that if required, a person may be detained for a further 28-day period on police authority, after which a decision should be made as to whether the person should be prosecuted based on the evidence gathered.

The government has to compensate detainee with the monetary compensation like RM1000 per day if police find no evidence to charge the detainee or the court find the detainee is innocent.

This new proposed amendment is to prevent the abuse of Security Offences (Special Measures) Act 2012 by the police. I believe many people are very happy to be detained and get the RM28,000 compensation.

AG defends Security Offences Act
Posted on 14 January 2013 – 09:23pm

Tan Yi Liang

KUALA LUMPUR (Jan 14, 2013): Attorney-General Tan Sri Abdul Gani Patail today defended the new Security Offences (Special Measures) Act 2012 as a necessary legislation that is not weighed down by the shortcomings of other security laws abolished last year.

He explained that the Act seeks to overcome the weaknesses of the now-repealed Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Internal Security Act 1960.

“Subsection 4(3) of the Act now expressly provides that no person is to be arrested under the Act solely for his political belief or political activity. Section 4 further only permits detention of up to 24 hours for investigations,” he said in his paper entitled “Striking a Balance Between National Interest and Human Rights” at a law conference here.

He added that if required, a person may be detained for a further 28-day period on police authority, after which a decision should be made as to whether the person should be prosecuted based on the evidence gathered.

Abdul Gani added that the Peaceful Assembly Act 2012 had been criticised unnecessarily, but the success of Saturday’s rally shows that it can work.

He pointed out that since April 23 last year, 47 public assemblies had been held without the prior need to obtain a police permit.

“Most, if not all, have been uneventful with the marked exception of Bersih 3.0. This proves the government perception of the readiness of the Malaysian public to migrate to a more democratic mode,” said Abdul Gani.

“When you want to have an assembly on someone’s property, you have to have their permission. Then you notify the police. The important thing is the enforcement agencies must facilitate you in carrying out your constitutional rights,” he added.

However, he took to task those who brought children to the rally, pointing out that provisions prohibiting the underaged from participating in such gatherings also exist in other countries’ laws.

He added that an objective reading of the Act would show that it was taken from legislation in Canada, New South Wales and the US.

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Ngayub says:

Tun M joked that he was happy the Internal Security Act no longer existed and that Pakatan, which agitated against the law, could not simply throw people in jail if it came to power. He said that
“Without the ISA, I feel more comfortable”.