'NSC Bill can be used to stop rallies like Bersih 4'

The sweeping powers the National Security Council Bill will give the prime minister, in it is passed by Parliament, can be used to stop anti-establishment rallies like the mammoth Bersih 4 rally last August.

If passed, the law will allow the prime minister to declare downtown Kuala Lumpur, which was filled with more than 100,000 protesters on Aug 29 and 30, as a security area.

The prime minister can do so as chairperson of the National Security Council, under the guise of a ‘serious harm’ to people, property, infrastructure and economy, as stated in the Bill.

“Possible, very possible,” Bar Council member Syahredzan Johan said in expressing his concerns over the bill to Malaysiakini.

Further, the lack of definitions for ‘harm’, ‘national key infrastructure’ and ‘national security’ that are used multiple times in the bill gives wide leeway for abuse, Syahredzan said.

Having studied the NSC Bill in detail in comparison with the Federal Constitution, the lawyer said the bill gives the prime minister the power to impose ‘emergency-like’ conditions, without the same safeguards.

Agong the final safeguard

Syahredzan said Article 150 of the constitution imposes a higher threshold for an emergency to be declared when compared with the NSC Bill.

Under Article 150, the Yang di-Pertuan Agong must be satisfied that there is a need for a declaration of emergency.

The NSC Bill does not require the Agong’s consent for an area to be declared a security area.

“Although the Agong acts on advice, I do think that there is a check-and-balance in the form of the Agong himself, instead of giving the power directly to the prime minister,” he said.

Under Article 150, the proclamation of emergency is only the first step.

“Then, if the Agong thinks it necessary, he can promulgate laws. This NSC Bill bypasses that need. There are ‘ready-made’ emergency powers,” Syahredzan said.

Among the powers include imposing a curfew and ability to search, seize and destroy property.

The bill also proposes that the declaration of a security area is valid for six months and can be renewed indefinitely on a six-monthly basis, with the approval of Parliament.

The NSC Bill was tabled on Monday and it needs to be debated and pushed through today, the last day of the Dewan Rakyat sitting for this year, if it is to be passed by the end of this session.

In decrying the NSC Bill as well, senior lawyer and Human Rights Society (Hakam) president Ambiga Sreenevasan said it would “unleash a monster”, while Lawyers for Liberty fears it would herald a dictatorship.

Read more: https://www.malaysiakini.com/news/321962#ixzz3tD9eMbPa