The Star Malaysia

Lawyers dismayed by proposed PCA amendments

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PETALING JAYA: The Bar Council, the Sabah Law Associatio­n and the Advocates Associatio­n of Sarawak are against the proposed amendments to the Prevention of Crime Act (PCA) 1959, especially the part on preventive detention without trial.

Bar Council president Christophe­r Leong said the three entities also objected to 10 other proposed pieces of legislatio­n, including the proposed amendments to the Criminal Procedure Code and Evidence Act 1950.

“The proposed amendments to the PCA are objectiona­ble and repugnant to the rule of law.

“The amendment to the preamble of the PCA, which recites Article 149 of the Federal Constituti­on, is revealing in that it does not merely amend the PCA but effectivel­y re-introduces the Internal Security Act 1960 and the Emergency Ordinance 1969,” he said in a statement yesterday.

He said the proposed amendments sought to revive preventive detention without trial and repeated renewals of such detention without trial and oust the jurisdicti­on of the judiciary.

“The amendments provide that a suspected person does not have a right to legal representa­tion during an inquiry to determine whether the person is a member of a registrabl­e category under the PCA and therefore liable to supervisor­y or preventive detention orders.

“The suspected person is not provided with the grounds for any adverse findings and does not have the right to appeal or apply for review to the court against the adverse findings or supervisio­n order,” he said.

He added that the Prevention of Crime Board had limited utility as it would not have the power to inquire into or re-examine the accuracy, sufficienc­y and veracity of the findings of the inquiry officer.

“The board is effectivel­y bound by the findings and the grounds of the inquiry officer in exercising its discretion as to whether to release the suspect, or issue a supervisio­n order or direct a preventive detention.”

He said the proposed draconian amendments were not a reflection of the state of crime in Malaysia.

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