BN bulldozes through Penal Code amendments

Despite removing clauses on penalising vandals and those desecrating flags, the government rushes through an amendment that will penalise civil servants for disclosing information to the public.

UPDATED

KUALA LUMPUR:  The amendments to the Penal Code was passed for a third reading despite Pakatan Rakyat MPs objection to a provision that curtails freedom of information.

Clause 11 under the Penal Code (Section 203 A) would prohibit civil servants from disclosing information to  the public or face a fine not exceeding RM1 million, a prison term not exceeding one year, or both.

Defending the amendment, de facto law minister Nancy Shukri said that the law will only be used if the situation threatens national security.

However, PKR MP N Surendran questioned the words used in the clause, asking how would the government define the severity of the information disclosed.

Despite a barrage of questions posed by Pakatan leaders, Nancy wounded up her speech without allowing more queries to be posed, prompting PKR MP, Lim Tze Tzin to call for the legislation to be referred to a select committee.

“I urge the Speaker to refer the law to a select committee under Standing Ordeer 54 (2),” said Lim.

Dewan Rakyat deputy speaker Ronald Kiandee then called for a block vote on the matter and the Barisan Nasional controlled house voted against it, prompting the speaker to pass the legislation for a third reading.

Earlier today, Nancy urged the people to give the government the benefit of the doubt and let the proposed amendments be passed first.

“It is because we are the implementors. Only when we are the implementors, we can see how serious the matter is.

“So I urge the opposition and everybody to understand us and give it a go first,” said the minister.

Worse than OSA
The proposed amendment has drawn flak from lawyer-politician Surendran, who claimed that the proposed secrecy law was worse than the Official Secrets Act (OSA) itself.

Earlier this morning, Nancy announced the removal of Clauses 5 and 33 from the Penal Code, which covers desecration of national flag and emblem, and vandalism respectively.

In defending Clause 11, Nancy said the the amendments would cover matters which do not fall under the purview of the OSA.

“We are talking about information concerning national security. So let’s implement it first and see how things are on the ground. We will keep improving,” she said.

On why the law was not scrutinised thoroughly and feedback sought from all stakeholders, Nancy said the government has seen the need to have such a law in place first.

“So it’s fair to give us a chance to implement it first,” said the Batang Sadong MP.

When asked if the leaked information was pertaining to abuse of power or corruption, Nancy said those who leaked such information would be protected under the Whistleblower Protection Act 2010.

“Let’s say the authorities are going to raid a place and someone leaks the information; that’s a security matter to the country. Are we going to allow it?” she asked.

However, Nancy was coy when asked whether the government would be specific and include a provision that the amendment would only cover issues pertaining to national security.

“We are talking about national security here,” she said, before ending the press conference.

Revoke Clause 11
Meanwhile, Surendran stressed that Clause 11 which prohibited government servants from disclosing information should be revoked as it will turn Malaysia into North Korea if it is passed.

“The clause is serious, if it is passed, it will turn the country into North Korea as people would not be able to obtain information from government departments,” he said.

Fellow PKR MP Tian Chua added that Clause 11 will have an effect on media practitioners as well.

“When a reporter obtains information from a government servant, the journalist can be used as a witness to testify in court and will be forced to reveal the name of the government servant.

“With this clause, we will become an information-less society. No newspaper can reveal information about the government,” he said.

The amendments to the Penal Code has brought upon intense debate from both political divide with each throwing valid looking arguments in Parliament.