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Tuesday, October 22, 2013

Jalur Gemilang, vandalism proposals withdrawn


The government has withdrawn two controversial proposed amendments to the Penal Code pertaining to insulting the Jalur Gemilang as well as vandalism.

NONEPKR's Bukit Katil MP Shamsul Iskandar Md Akin (left) said an amended Bill was placed on the desks of MPs in the Dewan Rakyat this morning.

"I compared it to the Bill earlier tabled and noticed these two differences," he toldMalaysiakini.
In the Bill tabled for its second reading yesterday, Clause 5 stated, among others, that trampling on the Jalur Gemilang or any foreign flag with intention to dishonour these items, would be punished with a maximum mandatory jail sentence of 15 years and a fine.

Clause 55 stated that those participating in vandalism, including putting up unauthorised banners and posters, could be jailed for up to three years.

Confirming the matter, Minister in the Prime Minister's Department Nancy Shukri said the clause on the flag would be re-introduced in the proposed National Harmony Act.

Nancy said the clause on vandalism would be "reworded", as it was not referring to vandalism per se but to "more serious crimes".
Fellow Minister in the Prime Minister's Department Shahidan Kassim stressed that the Bill will not be withdrawn in toto.

"We will make small changes but we won't withdraw it in whole as we have already studied the matter (before tabling)," he told reporters in the Parliament lobby.
'Amendments irrational and cruel'

MPs from both sides of the divide had cried foul over the amendments, calling it "irrational" and "cruel'.

Yesterday, Azalina Othman (BN-Pengerang) and Bung Mokhtar Radin (BN-Kinabatangan) echoed Pakatan MPs calls for the entire Bill to be withdrawn.

Shamsul Iskandar said Pakatan MPs will continue fighting for withdrawal of other proposed amendments to the Penal Code.

This includes a proposed clause which would punish civil servants for publicly disclosing any information received in the course of duty.

"We will also push for refinement to clauses to do with domestic violence, in particular the mandatory jail sentence," he added.
He later sent out a text-message, acknowledging that laws - in particular the Penal Code - are important in curbing crime. 
NONE"The abolition of the two clauses shows that the amendments were made in a rush and without in-depth discussion.
"I suggest that the government and Parliament sets up a parliamentary select committee that calls all stakeholders, including the Bar Council and NGOS, to discuss all legal provisions relating to crime."
PKR's Bayan Baru MP Sim Tze Tzin also tweeted on the withdrawal of the two clauses.
While claiming victory for Pakatan in this round, he noted that the fight is not over. 

"Clause 11: the 'OSA' clause is still very punitive & in conflict with whistleblower act & freedom of information act from state governments," he tweeted.

"Clauses affecting gender, family & children still have many weaknesses and need further consultation with women's groups. 

"Therefore we urge the gov't to refer it to a parliamentary select committee, like what it did in 2004 when the Penal Code was amended. Consultation with civil society so that more holistic approach can be introduced into the law." 

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