Media statement by Liew Chin Tong in Penang on Wednesday, 11^th April 2012:

BN's Cold War siege mentality is omnipresent

Public attention yesterday was focused onthe introduction of the new Security Offences (SpecialMeasures) Bill 2012 (SOSM), tabled to replace the Internal Security Act (ISA). However, few noticed the simultaneous tabling of amendments to the Penal Code,Evidence Act and Criminal Procedure Code to vest an unholy axis of power in agovernment that will only lead to a ticking time bomb for all freedom-loving Malaysians.

Most disturbingly, the amendments to thePenal Code portrayed a government operating under a Cold War siege mentality,giving the authorities near martial law powers. In particular:

1. The new Section 124B of the PenalCode creates an offence known as "activity detrimental to parliamentary democracy", punishable by twenty years imprisonment. Flimsily defined in thenew Section 130A as "an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means", this section opens the backdoor for questionableconvictions that could violate human rights if used by an irresponsiblegovernment. Furthermore, under Section 124C, an attempt to commit an "activity detrimental to parliamentary democracy" is punishable by fifteen yearsimprisonment. Fears of abuse of process are raised when a mere attempt tocommit the crime is meted out such a heavy punishment.

2. Media freedom and freedom ofinformation are under threat with the introduction of Sections 124D, 124E and124F, which make it a crime to print, sell, possess, or import "documents andpublications detrimental to parliamentary democracy". Again, with a sketchydefinition and a high penalty (up to fifteen years for printing), the sectionis rife for opportunities to be abused for government clampdown on literaturedeemed undesirable by the ruling party.

3. It is disturbing to note thedefinition of "sensitive information" under the new Section 130A (i) is so broadto encompass any document, information, or material, "whether or not it is classified as 'Top Secret', 'Secret', 'Confidential',or 'Restricted'".

This must be read together withPart IV of the new SOSM which introduces specialprocedures relating to sensitive information. It provides for in camera hearing in a trial involvingsensitive information. Under Section 8 (8) of the SOSM, decisions of the courtunder these procedures are non-appealable. This would allow the government tokeep sensitive information out of the public eye, not even accessible to the media.

I also note with concern that portions orelements of the Internal Security Act was smuggled into the Penal Code with thenew amendments yesterday, for instance:

1. The words "counsels violentdisobedience to the law or any lawful order" in the new Section 124H of thePenal Code are hauntingly similar to the definition of "subversive document" in Section 29 (3)(b) of the just repealed Internal Security Act.

2. The mention of the terms "counsellingdisobedience to the law thereof or to any lawful order therein" are chillinglyreminiscent of the definition of "terrorist" in Section 2 of the ISA.

Public confidence in the government isshaken when oppressive laws are repealed with much fanfare, only to be replacedwith equally - if not more - abhorrent legislation that offends the spirit oflegal reform.

Najib's quadruple barrage of ticking timebombs is a rude awakening to Malaysians that the BN government has no intentionof real change.

* Liew Chin Tong, DAP International Secretary & MP for Bukit Bendera