PENAL CODE GETS MORE BITE, TOO
Proposed amendments to Prevention of Crime Act to beef up security
Those destroying, mutilating or dishonouring any national emblem or flag of a foreign nation can be jailed and fined; Vandalism is a crime, too, punishable with jail up to three years. Those who use any flag to represent Malaysia other than the Jalur Gemilang can also be jailed and fined; Anyone who helps in a terrorist act can be jailed – or put to death if there are fatalities involved; Punishment for rape will be doubled; and In gang rape, even if only one person in a group commits the offence, all in the group will be charged.
A PERSON may be detained without being charged or tried for up to two years under proposed amendments to the Prevention of Crime Act.
A proposed Section 19A of the Act also allows the detention to be extended for another two years in the interest of public order, security or crime prevention.
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi tabled the Bill for first reading in the Dewan Rakyat yesterday.
The proposed law follows the repeal of the Emergency Ordinance and the Internal Security Act, which allowed for detention without charge or trial.
Under proposed new sections 7B and 7C, a Prevention of Crime Board will be set up to determine issuance of detention orders, subject to review by the High Court.
The three-man board will be headed by a chairman who is, has been or is qualified to be a Federal Court, Court of Appeal or High Court judge.
A proposed amendment to Section 9 stipulates that inquiry reports are to be made to the board instead of to the Home Minister.
To be considered for detention, a person must have committed two or more serious offences, and the inquiry report must have sufficient evidence to support the findings.
The person must also have been previously placed under a supervision order, and failed to comply with the restriction imposed.
For a supervision order, one must have committed two or more nonserious offences and have either failed to comply with a previous supervision order, or have not been placed under such an order.
A supervision order applies if the board finds that a detention order is unnecessary.
Under Section 19E, the Home Minister is required to submit an annual report to Parliament of all activities of detention orders.
Detention orders will also be reviewed every five years, and will cease to have effect unless a resolution to extend is passed by both Houses of Parliament after the review.
Meanwhile, a proposed new section 7A explains procedures for attaching electronic monitoring devices on a remanded person upon release pending an inquiry.
The device must be worn for a period determined by a Sessions Court judge, which must not exceed the release period.
Anyone who fails to comply with the terms, or tampers with the device, will be liable to a jail term not exceeding three years.