The Security Offences (Special Measures) Bill 2012 to replace ISA 1960

The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances.

Preventive detention was first implemented in Malaya by the British in 1948 to combat the armed insurgency of the Malayan Communist Party during the Malayan Emergency. The Emergency Regulations Ordinance 1948 was enacted by the British High Commissioner Sir Edward Gent.

Section 73(1) Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

Section 8 ISA: Power to order detention or restriction of persons. "(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."

Section 8(1) theoretically restricts detention to a period not exceeding two years but this limit is readily circumvented because under Section 8(7), the duration of the detention order may be extended indefinitely in increments of up to two years The extension of the detention order may be made on the same grounds as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, ruled that the powers extended to the Home Minister are valid under the Malaysian Constitution. In addition, preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969. The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking a tough stand on threats to national security (including terrorism), does not violate basic human rights.

A detenu can make representations against his/her detention if an order of detention has been made against the detenu by the Minister under Section 8(1) of the ISA but under Section 73 however, the detenu seems to have no such right. Generally, the attitude of the Malaysian courts in respect of detention under Section 73 is that the courts have jurisdiction only in regard to any question on compliance with the procedural requirements of the ISA and they seldom grant any substantive rights to the detenu.

Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order a person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive’s opinion be against national interest.

Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest.

Yesterday, Prime Minister Datuk Seri Najib Abdul Razak had tabled the second reading of the Security Offences (Special Measures) Bill 2012 which will replace the 52-year-old Internal Security Act 1960 (ISA) in the Dewan Rakyat.

The new bill will replace the unpopular ISA and at the same time recognise the grave risks to internal security and public order from threats like terrorism, sabotage and espionage.

However the new bill will still hold the three principles which will be retained in any evolution of the new legal framework dealing with seditious acts or words :

- can create hatred, contempt or disaffection towards the Yang di-Pertuan Agong or any of the rulers;

- can promote feelings of ill-will and hostility between the different races in the country;

- question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Articles 151, 153 and 181 of the Federal Constitution.

Any peace loving Malaysians will love the ISA or the new bill which will later replace ISA because we have nothing against the government.

Only people who have mala fide towards the government will feel threatened by the bill which is to safe-guard the security of the majority.

Waiting for the emergence of a new dictator!

Police to use all available laws to prevent July 9 demonstrations

KUALA LUMPUR: Police have warned that they will use all available laws to prevent the July 9 rallies, saying they have information that foreign elements were out to create chaos.

Inspector-General of Police Tan Sri Ismail Omar issued the warning to groups who planned to defy police orders, regardless of their political affiliations, from holding the rallies.

“Intelligence gathered has revealed attempts by certain quarters, including foreign elements, attempting to seize the opportunity and exploit the situation.

“There is a possibility that should the rally proceed, it could create chaos, destruction to property, injuries and even the possibility of loss of lives,” he told a press conference at Bukit Aman yesterday.

Ismail said there were certain groups openly and secretly planning to gather thousands of people to create chaos by instigating public participation in illegal assemblies.

He said police have arrested 101 people nationwide for allegedly inciting the public to join the rallies.

He said 45 of them were still being detained, adding that 1,830 reports had been lodged by the public opposing the rallies.

Ismail said that if such a situation was not arrested immediately, it could pose a public order situation as well as a threat to national security.

“The police force will not allow any individual or parties to take advantage and create chaos or anarchy.

“We will take stern action within the confines of the law against anyone or party that plans to organise or participate in illegal gatherings,” he said.

Ismail said police would continue to take action against those distributing leaflets, T-shirts or any other method to incite the public into participating in the illegal rallies.

“Action will be taken against anyone found wearing the yellow attire, or driving cars, and buses with the Bersih 2.0 logo to incite people to attend the rallies,” he said.

Meanwhile, Home Minister Datuk Seri Hishammuddin Hussein said action would be taken against the Umno Youth members who surrounded the PKR headquarters on Monday and allegedly threatened to burn down the office.

“I told the police to treat them as with Bersih. Nobody is above the law,” he said.

He said T-shirts with messages in support of Bersih have been outlawed because they were related to an illegal assembly.

“The Bersih T-shirt is related to an illegal assembly, then whatever they are wearing is illegal,” he told a press conference here yesterday.

Hishammuddin dismissed claims that the police arrests of those supporting the July 9 march for electoral reforms were politically-motivated. can also ask the same thing of them,” he said.

Taken from The Star

I miss the time when our country had a dictator. Although many from the opposition despise that dictator, me on the other hand, adore that dictator to bits.

Personally I think that leaders should have balls and should act accordingly even though many might criticise him.

If you don't have any balls to act whenever you are supposed to, then what the hell are you doing there in that position?

For you, you might hate the dictator because that dictator will not allow any traitors or subversive acts to threaten the national security. For me, that is what that should be done.

If those motherf***ers in BerSHIT cannot follow the laws of the country, then arrest them and charge them for threatening the national security and put them under lockdown.

If they cannot understand a simple warning, then the government must proof that they mean business by taking ACTION!

Do you know what ACTION is? It's some reaction due to some action by others who cannot adhere to WARNING!

The Newton's law of motion said that for every action there is an equal and opposite reaction.

So, when can I expect to see a new dictator in Malaysia since I am sure if the communists rule Malaysia, they will be worst dictators!

I am also waiting for the much awaited I.S.A.

Death penalty for treason

Christian leaders’ meeting with CM turns controversial

KUALA LUMPUR: A meeting between the Penang Chief Minister and Christian leaders has turned into a controversy with claims that the participants discussed making Christianity the official religion.

The meeting was front-paged by Utusan Malaysia which quoted two blogs making such a claim.

However, Penang CM Lim Guan Eng dismissed the report as a fabrication.

He described such irresponsible reporting as playing dangerous politics.

The DAP secretary-general said the party would lodge a police report against the daily over the matter.

“We have never asked for Malaysia to become a Christian, Hindu or Buddhist state,” Lim said yesterday.

The organisers of the meeting were the National Evangelical Christian Fellowship, Global Day of Prayer, Marketplace Penang and Penang Pastors Fellowship.

They, too, denied the claims, saying: “The Christian community in Penang is disturbed by the unwarranted and unsupported claims.

“The seminar was organised to discuss and address the issue of bribery and corruption in the marketplace and had nothing to do with political succession.”

Home Minister Datuk Seri Hishammuddin Hussein has described the purported meeting of pastors as serious.

He said any action by followers of a religion would invite reactions from followers of others.

“The status of Islam as the official religion is sacrosanct and can never and must never be questioned.

“The police must investigate whether or not such a meeting took place and whether or not this movement is under way.

“Such a movement is seditious and places the entire country in danger,” he said.

Deputy Inspector-General of Police Datuk Khalid Abu Bakar, however, cautioned the public from playing up sensitive issues.

“Don’t play with fire, or you might end up being burnt. We will not allow people to deliberately exploit this issue,” he said.

MCA Youth Chief Datuk Dr Wee Ka Siong described the report by Utusan as provocative, saying the newspaper should be more professional in its reports and not base them on blog posts.

Party presidential council member Tan Sri Dr Fong Chan Onn said there was nothing wrong for religious groups to meet with political parties.

“MCA can meet with Christians, Muslims and members of other faiths. Utusan should not impute any religious motives,” he said.

Anglican Bishop of West Malaysia Ng Moon Hing said Christians had never challenged Islam as the official religion and had no plans to do so.

Police reports were also made by Malay and Muslim rights groups Perkasa and Pembela, urging authorities to examine the validity of the article.

“This has to be investigated. If this is true, we have to be careful,” said Pembela president Dr Yusri Mohamad.

The Star

One thought came to mind. The Internal Security Act (I.S.A.). Where is I.S.A.? I can't seem to find it since the new Home Minister had been appointed to his post.

A new law called the Treason Act should also be implemented where traitors of our beloved nation should be executed by shooting in the head.

If cruelty is what they want to do, then cruelty is what we must do!

Police report on Shuhaimi Shafiei

Dalam sejarah telah terbukti, apabila rakyat bangkit menentang Raja, biarpun beribu tahun kebangkitan itu berlansung akhirnya kebenaran akan menghenyak ketidakadilan. Rakyat akan menang dalam peperangan menentang ketidakadilan! Didoakan agar ia tidak berlaku di Selangor.

Shuhaimi Bin Haji Shafiei
ADUN Sri Muda
30hb Disember 2010

The above print screen had been taken from Gerakan Anti PKR (GAP). Thanks GAP for the print screen because he might as well delete that article to hide his guilt.

Shuhaimi Shafiei, Selangor's Seri Muda state assemblyman had instigated the people to hate the Institution of Malay Rulers on his blog.

Today, more than 7 police reports had been lodged over his statement which allegedly insulted the Sultan of Selangor.

Umno Youth, MCA and MIC Kota Raja Division in addition to 4 reports by non-govermental organisations; Persatuan Bugis Selangor, the Klang Branch of Pertubuhan Pribumi Perkasa Malaysia (Perkasa), Gabungan Anti-Penyelewengan Selangor (GAPS) and Pusat Komuniti Andalas.

Nur Azman Anuarul Perai, Kota Raja Barisan National Youth had this to say about the Shuhaimi's statement in the latter's blog http://srimuda.blogspot.com.

"I believe Shuhaimi made the statement with the intention to incite hatred in the people and give a negative perception of the institution of Malay Rulers, which can undermine national security and public order".

Raja Ahmad Raja Datuk Abdul Wahid, the Chairman for Persatuan Bugis Selangor said that Selangor's government acts of questioning the appointment of Mohd Khusrin as the state secretary was tantamount to treason.

Read more about it here and here.

Internal security measures exists everywhere

I.S.A. What is I.S.A.? Ikut suka akulah. This is my blog. I can damn well rant and rave about whatever I want. I am one of the bloggers that supports I.S.A. whole heartedly. Those who are against the I.S.A. can go back to the communist sewer from which you crawed out from. I will bash out at all ultra kiasu Chinese as much as I want to. You are not the only one who have something to say. I have loads of things to get out of my chest.

I.S.A. is the Internal Security Act. Every country in this world have their own version of the I.S.A. to maintain the peace inside the country. It may be called I.S.A. or others such as the Anti Terrorist Act (ATA) in the United States of America produced not surprisingly just after 9/11. It is also known as the USA Patriot Act. The contrived acronym stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. So what is the fuss about abolishing this Act when it is nothing more than a preventive detention law that is enforced in Malaysia?

Why are some people up to no good so afraid of I.S.A. that there are even some quarters like GMI and Suaram that are so against it? GMI stands for Gerakan Mansuhkan ISA. GMI is in the same website as Suaram. Suaram stands for Suara Rakyat Malaysia. Well, you are not making a stand for the whole of Malaysia. There are still many out there that are for I.S.A. GMI and Suaram are nothing more than the tools created and used by the opposition parties to demand the abolishment of I.S.A. I am sure that if ever (God forbids) the ultra kiasu DAP ruled Malaysia, they will impose a harsher law than the I.S.A. Communists will be communists. No doubt about that.

The I.S.A. in Malaysia is called The Internal Security Act 1960 or in Malay as "Akta Keselamatan Dalam Negeri". It is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances.

China have their own security measures set up for their leaders. The Central Security Bureau (also called Unit 8341, and less commonly, Unit 57001) or The Central Guard Unit (sometimes as the Centralis Guard Regiment) is the chief Security Detail military bureau responsible for the security of senior Chinese government, party, and military leaders. Along with the personal safety of senior Chinese government, party, and military leaders, the bureau is also responsible for protecting the office and living quarters of the leaders.

In India, there are the Terrorism and Disruptive Activities (Prevention) Act 1987 and the Prevention of Terrorism Act. These were replaced by Prevention of Terrorist Activities Act (2002-04). The Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian law active between 1985 and 1995 (modified in 1987) for the prevention of terrorist activities in Punjab.

The United Kingdom, they have the The Prevention of Terrorism Act 2005 (c.2). As of March 2009[update] the Prevention of Terrorism Act 2005 is still active, following renewal on 11 March 2009. The purpose of this Act is to provide for the making of 'control orders' imposing obligations on individuals suspected of being involved in terrorism-related activity. These are preventative orders which are designed to restrict or prevent the further involvement by individuals in such activity. More explanation about the Act can be read here.

In our neighbouring country Thailand, due to the chaos caused by the United Front for Democracy Against Dictatorship (UDD), known as the Red Shirts Protestors who are anti government, in March 2010 Thailand had invoked a new Internal Security Act on Tuesday, 9th of March giving security forces broad powers to impose curfews, set up checkpoints and restrict the movement of demonstrators. The ISA allows the country's top security agency - the Internal Security Operations Command - to impose curfews, operate checkpoints and restrict the movement of demonstrators if protests by the UDD turn violent.

Singapore's Internal Security Act confers on the government the right to arrest and detain individuals without trial in certain defined circumstances. The most notable ISA case was the Operation Coldstore in 1963 which led to the arrest of some 100 left-wing politicians and trade unionists, including members of the opposition party Barisan Sosialis who were opposing Singapore's merger with Malaysia. Read about Singapore's countermeasures to terrorism here.

In conclusion, there is no need to abolish the I.S.A. as demanded by the opposition and the NGOs supporting them since they are asking that to only satisfy their own selfish needs so that they can create chaos in our country at their whims and fancies.