Groups speak out against move

Public caning against Federal Constitution, say various parties

PETALING JAYA: Various groups have criticised the amendments to a Kelantan state enactment that will allow public caning for four syariah offences, saying that these are against the Federal Constitution.

Bar Council Syariah Law Committee chairman Datuk Kuthubul Zaman Bukhari said the amendments by the State Legislative Assembly could not be enforced unless Parliament also approved changes to the Syariah Courts (Criminal Jurisdiction) Act 1965 or Act 355.

Kuthubul Zaman said by approving these amendments, the Kelantan government has acted “in excess of its jurisdiction”.

“You can only do that if Parliament allows you.

“Parliament hasn’t,” said Kuthubul Zaman, who is also a former Malaysian Bar president.

“Pursuant to Article 75 of the Federal Constitution, if any state law is inconsistent with federal law, then federal law shall pre- vail,” he said.

Kuthubul Zaman said any affected party could challenge the validity of the amendments.

On Wednesday, MCA Religious Harmony Bureau chairman Datuk Seri Ti Lian Ker had said: “The Kelantan assembly knows very well that the amendments to the Kelantan Syariah Criminal Procedure Enactment 2002 will not see the light of day.”

Gerakan Youth legal bureau chairman Chai Ko Thing said the amendments also contravened the Prison Regulations 2000, which stated that caning must be done in prison and not in public.

“There are no syariah prisons or syariah prison officers.

“The amendments cannot be carried out because the officers, who will carry out the caning, are federal officers governed by federal law, namely the Prison Regulations 2000,” said Chai, urging the Attorney-General’s Chambers to clarify the matter.