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Tuesday, April 14, 2015

DAP lawmaker calls for bipartisan committee on criminal law amendments

DAP's Ipoh Barat MP M. Kula Segaran said MPs were not given enough time to study the Criminal Procedure Code (Amendment) (CPC) Bill 2015, and some felt that it was too draconian. – The Malaysian Insider filepic, April 14, 2015.DAP's Ipoh Barat MP M. Kula Segaran said MPs were not given enough time to study the Criminal Procedure Code (Amendment) (CPC) Bill 2015, and some felt that it was too draconian. – The Malaysian Insider filepic, April 14, 2015.
A DAP lawmaker today urged Putrajaya to set up a bipartisan parliamentary committee to study Criminal Procedure Code (CPC) amendments that were deferred after MPs from both sides of the divide said they were too draconian during the parliamentary sitting last week.
DAP's Ipoh Barat MP M. Kula Segaran also said there was a need to establish a law commission to formulate laws, instead of leaving this task solely to the Attorney-General's Chambers.
"DAP welcomes the decision to withdraw the bill. Presently the Attorney General Chambers through Parliamentary Drafting Committee formulates all laws in our country, thus the need to establish a Law Commission to formulate laws must be looked into and done the soonest possible," Kula Segaran said today.
The deferment followed objections by both Barisan Nasional (BN) and Pakatan Rakyat (PR) lawmakers, who described the amendments as cruel and oppressive.
BN's Kinabatangan MP Datuk Bung Moktar Radin said during the debate that he could not accept the bill as it had elements of persecution.
"This cannot happen... We, the lawmakers, are not comfortable with the Act," he had said.
Kula Segaran said today that many of the provisions in the proposed amendments were draconian in nature and contrary to human rights values, as well as being vaguely worded.
Among others, he said they removed judges' discretion and "encroached" on the independence of the courts.
"The government should set up a bipartisan parliamentary committee comprising MPs from both divide to study the amendments.
"For his correct stand in opposing the draconian amendments, I am prepared to suggest that Datuk Bung Moktar Radin be the chairman of the proposed select committee."
Kula Segaran added that the rushed manner in which the bill was tabled was evidence that the home minister wanted it passed just because BN had the majority in the Dewan Rakyat.
"The tabling of the CPC showed clearly that the home minister wanted to bulldoze it through Parliament simply because the government has the majority. Such attitude reflects the government’s treatment of Parliament as mere rubber stamp."
The DAP lawmaker also questioned the limited time given to MPs to study all the bills tabled in the previous Dewan Rakyat sitting, and the lack of consultation with stakeholders.
"I had taken part in the debate and raised a few issue of public concern. I first questioned why the bill was only tabled a few days ago, thus hardly allowing MPs time to understand the detail workings, meaning and effect of the bill.
"Parliamentary sittings time table for 2015 was already out in public domain way back last year. So the relevant ministry and its legal officers should be in the know of the time table.
“There was therefore no reason for them to give such short notice for MPs to study all the 11 bills.
"Further, the contents of the bill were not even discussed with stake holders like the Bar Council and NGOs, why was there a sheer lack of consultations with interest groups?
"I said the amendment to Section 282, which requires the Court to impose a consecutive sentence if a person is convicted at one trial for any two or more offences, was against the rules of natural justice."
Other BN lawmakers who had spoken out against the bill were Putatan MP Datuk Marcus Mojigoh, Lenggong MP Datuk Shamsul Anuar Nasarah, and Pengerang MP Datuk Azalina Othman, who had said that the bill did not go through enough detailed discussions.
- TMI

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