The Penal Code will be amended to include punishment for crimes against the state in order to support the new Security Offences (Special Measures) 2012 Bill.
The government wants to introduce 13 provisions in the Penal Code, from Sections 124B to 124N, seven of which are new, to deal with offences that will be repealed when the Internal Security Act (ISA) 1960 is de-gazetted.
Some notable modifications are the inclusion of activities detrimental to parliamentary democracy, the dissemination of information, sabotage and espionage.
Section 124B, or activity detrimental to parliamentary democracy, which is defined as any action designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means, is punishable by imprisonment up to 20 years, while for any attempt to commit the same crime, an individual can be punished by a prison term of up to 15 years.
Similarly, anyone who prints or sells any document or publication that incites people to go against parliamentary democracy will also be sentenced to imprisonment up to 15 years.
Persons guilty of posting placards, circulars or documents with incitement to violence, or counselling violent disobedience to the law or to any lawful order, or likely to lead to disruption of peace, can be punished up to five years in prison.
Sections 124D and 125D of the Bill states that anyone who prints, publicises, sells, issues, circulates, reproduces or possesses any document or publication detrimental to parliamentary democracy, can be imprisoned for a term that may extend to 15 years.
A five-year prison term applies, under Section 124H and Section 124I, to anyone who incites violence or disobedience to laws of the country through publication or on electronic media; and for anyone who disseminates false information, be it via publication or by electronic means.
Individuals who by any means, directly or indirectly, commit espionage or sabotage can be punished with imprisonment for life under Section 124N, while attempts to commit espionage or sabotage are punishable with a jail sentence of up to 15 years.
The Bill specifies espionage as involving activities to obtain sensitive information by ulterior or illegal means for a purpose prejudicial to the national security or interest.
Offences involving sabotage include an act or omission intending to cause harm for the interests of foreign powers or knowingly producing defective materials used for national defence.
Those found to be members of a terrorist group can be jailed for life under the Bill.
The government wants to introduce 13 provisions in the Penal Code, from Sections 124B to 124N, seven of which are new, to deal with offences that will be repealed when the Internal Security Act (ISA) 1960 is de-gazetted.
Some notable modifications are the inclusion of activities detrimental to parliamentary democracy, the dissemination of information, sabotage and espionage.
Section 124B, or activity detrimental to parliamentary democracy, which is defined as any action designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means, is punishable by imprisonment up to 20 years, while for any attempt to commit the same crime, an individual can be punished by a prison term of up to 15 years.Similarly, anyone who prints or sells any document or publication that incites people to go against parliamentary democracy will also be sentenced to imprisonment up to 15 years.
Persons guilty of posting placards, circulars or documents with incitement to violence, or counselling violent disobedience to the law or to any lawful order, or likely to lead to disruption of peace, can be punished up to five years in prison.
Sections 124D and 125D of the Bill states that anyone who prints, publicises, sells, issues, circulates, reproduces or possesses any document or publication detrimental to parliamentary democracy, can be imprisoned for a term that may extend to 15 years.
A five-year prison term applies, under Section 124H and Section 124I, to anyone who incites violence or disobedience to laws of the country through publication or on electronic media; and for anyone who disseminates false information, be it via publication or by electronic means.
Individuals who by any means, directly or indirectly, commit espionage or sabotage can be punished with imprisonment for life under Section 124N, while attempts to commit espionage or sabotage are punishable with a jail sentence of up to 15 years.
The Bill specifies espionage as involving activities to obtain sensitive information by ulterior or illegal means for a purpose prejudicial to the national security or interest.
Offences involving sabotage include an act or omission intending to cause harm for the interests of foreign powers or knowingly producing defective materials used for national defence.
Those found to be members of a terrorist group can be jailed for life under the Bill.
More powers for the police
Modifications are also to be made to two other laws - the Criminal Procedure Code (CPC) and Evidence Act - to correspond with the Security Offences (Special Measures) Bill.
Amendments to the CPC, which include three new sections to enhance the investigative powers of the police, were also tabled.
The amendments are to empower police officers ranked inspector and above to conduct searches and seizures without a warrant and allow them to have access to computer data and intercept communications.
The Bill will also have a new section to allow police to attach an electronic monitoring device on an accused when the accused is released on bail, as replacement for payment of a bond.
Amendments to the Evidence Act 1950 aim to streamline the definition of a computer in the Computer Crimes Act 1997.
Section 114A, is introduced into the amendments, "to provide for the presumption of fact in publication in order to facilitate the identification and proving of the identity of an anonymous person involved in publication through the Internet".
The clause states that a person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or republished the contents of the publication unless the contrary is proved.
The Bills tabled for first reading by Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz yesterday are scheduled to be debated next week.
Asked to clarify on the specifics of what will constitute offences to parliamentary democracy, Nazri said: "We can't restrict the offences committed as they are wide ranging. Therefore, it's for the courts to interpret and decide."
Modifications are also to be made to two other laws - the Criminal Procedure Code (CPC) and Evidence Act - to correspond with the Security Offences (Special Measures) Bill.
Amendments to the CPC, which include three new sections to enhance the investigative powers of the police, were also tabled.
The amendments are to empower police officers ranked inspector and above to conduct searches and seizures without a warrant and allow them to have access to computer data and intercept communications.The Bill will also have a new section to allow police to attach an electronic monitoring device on an accused when the accused is released on bail, as replacement for payment of a bond.
Amendments to the Evidence Act 1950 aim to streamline the definition of a computer in the Computer Crimes Act 1997.
Section 114A, is introduced into the amendments, "to provide for the presumption of fact in publication in order to facilitate the identification and proving of the identity of an anonymous person involved in publication through the Internet".
The clause states that a person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or republished the contents of the publication unless the contrary is proved.The Bills tabled for first reading by Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz yesterday are scheduled to be debated next week.
Asked to clarify on the specifics of what will constitute offences to parliamentary democracy, Nazri said: "We can't restrict the offences committed as they are wide ranging. Therefore, it's for the courts to interpret and decide."
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.