A lawyer has accused the prime minister of committing fraud while an MP is wondering if the attorney-general's (AG) views matter to his subordinates.
Edmund Bon and Gobind Singh Deo were commenting on the proposed amendments to the Prevention of Crime Act.
Bon said the tabling of the PCA amendments and six other legislation in Parliament yesterday went against Prime Minister Najib Abdul Razak's promise not to introduce laws similar to the Internal Security Act (ISA) and Emergency Ordinance (EO).
"I think such an action is akin to fraud towards the Parliament and the people as the government promised to do away with detention without trial,” Bon said.
He said the amendments to the PCA were like reviving the EO when the nation was not in an emergency period, as defined by Article 149 of the federal constitution.
"You cannot call the escalating crime rate an 'emergency' and delegate powers to a tribunal or an advisory board to decide the fate of a person to be detained.
"This is unconstitutional," he stressed.
Under the amendment, which removes the power from the minister, the suspect will be brought before a three-member board headed by a judge from the Federal Court, Court of Appeal or High Court.
Do AG's views matter?
Gobind, on the other hand, recalled how Attorney-General Abdul Gani Patail had opposed the need for preventive laws when speaking at a recent forum.
Among others, the DAP leader pointed out, Gani was quoted as saying that such laws were an affront to human rights and personal liberty enshrined in the constitution.
"Gani also made hard-hitting remarks about preventive detention laws, claiming they had failed to check the rise in violent crimes and that the police were 'addicted to it'," he added.
Therefore, Gobind, who is also a lawyer, found it strange that the AG's Chambers had now drafted and presented to Parliament a Bill that contains laws that the AG himself had criticised and opposed.
"How can the chambers now draft a Bill that seeks to do exactly what the AG said was an affront to the federal constitution?
"This certainly does not reflect well on the AG and raises the question as to whether his views are respected in his own chambers," the Puchong MP said.
Gobind said the AG, being the public prosecutor, was also the legal adviser to the Yang di-Pertuan Agong and cabinet and surely his views must hold some weight.
"It is somewhat alarming, if not embarrassing, to see a situation where the views of the AG on something so significant have been completely disregarded," he noted.
Call for independent investigative tribunals
Edmund Bon and Gobind Singh Deo were commenting on the proposed amendments to the Prevention of Crime Act.
Bon said the tabling of the PCA amendments and six other legislation in Parliament yesterday went against Prime Minister Najib Abdul Razak's promise not to introduce laws similar to the Internal Security Act (ISA) and Emergency Ordinance (EO)."I think such an action is akin to fraud towards the Parliament and the people as the government promised to do away with detention without trial,” Bon said.
He said the amendments to the PCA were like reviving the EO when the nation was not in an emergency period, as defined by Article 149 of the federal constitution.
"You cannot call the escalating crime rate an 'emergency' and delegate powers to a tribunal or an advisory board to decide the fate of a person to be detained.
"This is unconstitutional," he stressed.
Under the amendment, which removes the power from the minister, the suspect will be brought before a three-member board headed by a judge from the Federal Court, Court of Appeal or High Court.
Do AG's views matter?
Gobind, on the other hand, recalled how Attorney-General Abdul Gani Patail had opposed the need for preventive laws when speaking at a recent forum.
Among others, the DAP leader pointed out, Gani was quoted as saying that such laws were an affront to human rights and personal liberty enshrined in the constitution.
"Gani also made hard-hitting remarks about preventive detention laws, claiming they had failed to check the rise in violent crimes and that the police were 'addicted to it'," he added.
Therefore, Gobind, who is also a lawyer, found it strange that the AG's Chambers had now drafted and presented to Parliament a Bill that contains laws that the AG himself had criticised and opposed."How can the chambers now draft a Bill that seeks to do exactly what the AG said was an affront to the federal constitution?
"This certainly does not reflect well on the AG and raises the question as to whether his views are respected in his own chambers," the Puchong MP said.
Gobind said the AG, being the public prosecutor, was also the legal adviser to the Yang di-Pertuan Agong and cabinet and surely his views must hold some weight.
"It is somewhat alarming, if not embarrassing, to see a situation where the views of the AG on something so significant have been completely disregarded," he noted.
Call for independent investigative tribunals
The amendments to the PCA, tabled for its first reading yesterday, allow for detention of up to two years at a time, similar to the ISA and EO, which have been repealed.
A judicial review can only be carried out on procedural matters similar to the two legislation.
Another lawyer, Salim Bashir said the government should have sufficient proviso to safeguard the rights of detainees by having independent investigative tribunals or judicial reviews empowered to decide the merits and procedures of the detention.
Weighing in, Kulai MP Teo Nie Ching (right) said the tabling of the PCA amendments had breached Malaysia's commitment to the United Nations Human Rights Council to uphold human rights according to international standards.
"If there is evidence that anyone is a threat to national security, charge the person in court under the existing provisions, including the Security Offences (Special Measures) Act 2012.
"We do not need a PCA that is subject to abuse," Teo said.
A judicial review can only be carried out on procedural matters similar to the two legislation.
Another lawyer, Salim Bashir said the government should have sufficient proviso to safeguard the rights of detainees by having independent investigative tribunals or judicial reviews empowered to decide the merits and procedures of the detention.Weighing in, Kulai MP Teo Nie Ching (right) said the tabling of the PCA amendments had breached Malaysia's commitment to the United Nations Human Rights Council to uphold human rights according to international standards.
"If there is evidence that anyone is a threat to national security, charge the person in court under the existing provisions, including the Security Offences (Special Measures) Act 2012.
"We do not need a PCA that is subject to abuse," Teo said.
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