'Out of the frying ISA, into the SOSM fire'

It may be a case of being out of the frying pan and into the fire. This perhaps sums up a DAP member of parliament's warning of an 'unholy axis of power' being vested in the Barisan Nasional government by amending the Penal Code, Evidence Act and Criminal Procedure Code to make way for the Security Offences (Special Measures) Bill (SOSM), the alternative to the outgoing Internal Security Act.

According to Bukit Bendera MP Liew Chin Tong, the amendments were tabled as part of the SOSM.

"Most disturbingly, the amendments to the Penal Code portrayed a government operating under a Cold War siege mentality, giving the authorities near martial law powers," said Liew in a statement to Harakahdaily.

He pointed out Section 124B of the amendment for the Penal Code, in which the offence “activity detrimental to parliamentary democracy” is stated, punishable by twenty years imprisonment. Another section, Section 130A, states “activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means”.

"This section opens the backdoor for questionable convictions that could violate human rights if used by an irresponsible government," he added.

Under Section 124C, the amendment states that any attempt to carry out acts "detrimental to parliamentary democracy” is punishable by fifteen years imprisonment.

Liew also feared the further deterioration of press freedom with the introduction of Sections 124D, 124E and124F, criminalising the printing, sale and possession of “documents and publications detrimental to parliamentary democracy”.

Additionally, under the new Section 130A (i) is the broad use of the phrase “sensitive information” .

Closed-door trial

Liew said when read together with Part IV of the SOSM on 'sensitive information', it provides for a closed-door trial.

"Under Section 8 (8) of the SOSM, decisions of the court under these procedures are non-appealable. This would allow the government to keep sensitive information out of the public eye, not even accessible to the media," Liew further stated.

He said elements of the ISA were "smuggled" into the Penal Code with the new amendments. Citing an example, he said the phrase “counsels violent disobedience to the law or any lawful order” in the new Section 124H of the Penal Code "are hauntingly similar" to the phrase 'subversive document' in Section 29 (3)(b) of the ISA.

He said when oppressive laws were repealed only to be replaced with more draconian legislation that mocked reforms, public confidence in the government was shaken.

Liew described the new SOSM as well as the accompanying amendments as prime minister Najib Razak's "quadruple barrage of ticking time bombs", and served as added reminder "that the BN government has no intention of real change".

-Harakahdaily