Bar Council: PCA 'safeguards' are meaningless

The purported safeguards against abuse introduced into the Prevention of Crime Act 1959 are "illusory and meaningless", said the Bar Council.  
 
Its president Christopher Leong said the establishment of the Prevention of Crime Board, which will sit in inquiries before deciding on detention orders, has limited utility and are designed to be wholly dependent upon the report of the inquiry officer. 
 
"The board has no power to inquire into or re-examine the accuracy and veracity of the findings of the inquiry officer and the grounds for the said findings. 
 
"The inquiry officer is appointed by the minister and has sole conduct of any inquiry under the Prevention of Crime Act," said Leong in a press release yesterday. 
 
In view of this, Home Minister Ahmad Zahid Hamidi's move to increase the membership of the Prevention of Crime Board from three to five is merely "cosmetic", said Leong. 

'Rule of law' not understood
 
On the provisions for judicial review provided in the amended Act, Leong said that it is rendered meaningless by other amendments introduced in the same Act. 
 
Section 15A, for instance, expressly prohibits any judicial review by the courts with respect to any police supervision order imposed on a person, except on procedural grounds, which are, however, determined by the board. 
 
Furthermore, the rights for judicial review pursuant to the new Section 19A(2) is negated by the new Section 21A as the inquiry officer and the board may refuse to provide any information and document to the court and the affected person the the basis that it would be against public interest to do so. 
 
"There is therefore no material before the court to review," said Leong. 
 
In view of this, Leong argued that the amended Prevention of Crime Act is, in fact, against the principles of rule of law and the principle that a person is presumed innocent until proven guilty. 
 
"It is a sad day for Malaysia when those who make laws do not understand the principle of the rule of law," said Leong.