Reject amendments to PCA, senators told

The Dewan Negara should reject the PCA on grounds that it did not comply with Article 149, said DAP national chairman Karpal Singh.

GEORGE TOWN: DAP national chairman Karpal Singh has called on Dewan Negara to reject the restrictive amendments to the Preventive of Crime Act (PCA) 1959 on grounds that the bill was unconstitutional.

The Bukit Gelugor MP said the amendments were being done without complying with Article 149, which must be read together with Article 151, of the Federal Constitution.

He said the amendments, which was being done under Article 149, did not stipulate any clause for formation of an advisory board as demanded by Article 151.

Karpal also said Article 151 had stated clearly that any Act made by Parliament under Article 149 must make provision for detainees to make representations against the detention order to an advisory board.

Upon hearing the representations, the advisory board will then make recommendations to the king, who then had the discretionary powers to make a decision on the recommendations.

“But the amendments did not mention the formation of the advisory board.

“It surely contravenes the Federal Constitution,” Karpal told reporters here today.

He called the Dewan Negara to prove doubters wrong that it was not a place for the discarded and a toothless parliamentary establishment.

He dared the Senate to show its effectiveness by rejecting the amendments to PCA on grounds of unconstitutionality

“They must execute their parliamentary duty to uphold the Federal Constitution,” he said.

Due to its unconstitutionality, Karpal hinted the amendment, if passed, could be challenged in the court when and if someone were to be detained under PCA in future.

He also disclosed that the amendments looked more of overhauling PCA than tightening its loose ends.

He said the government should know that the amendments were meant only to refine existing statutes, not to dismantle fundamental basics that formed the legislation.

“You cannot amend the very basis of a law, or else the whole law will collapse,” said Karpal, a senior lawyer.

Last Thursday morning, the Dewan Rakyat passed the amendments, with 115 MPs in favour versus 66 against it.

The bill will be soon tabled in Dewan Negara.