Gerakan concerns over new amendments to criminal laws
Cheah Soon Hai: Do not overlook the threat of street crime
Press statement by
Gerakan Central Bureau on Environment, Safety and Quality of Life Chairman
Dr Cheah Soon Hai
27 September 2013
Gerakan Central Bureau on Environment, Safety and Quality of Life Chairman, Dr Cheah Soon Hai has voiced his opinion regarding the new amendments to criminal laws including the newly tabled The Prevention of Crime (Amendment & Extension) Act 2013, The Penal Code (Amendment) Act 2013 and The Criminal Procedure Code (Amendment) Act 2013, as he described the move is taking Malaysia a step back into the Internal Security Act (ISA) days.
"Under the new PCA, detention without trial will be reintroduced, a person found guilty of registrable offences will have limited access to legal representation, also the decision and findings of a three-member Prevention of Crime board will not be subjected to judicial review, I find these newly mooted provisions disturbing as they are against the human right tenets," lamented Cheah.
He also expressed his concern over the proposed amendments to the Penal Code to give it more bites. Although certain offences such as vandalism, gang rape and dishonouring any national emblem or flag are stated in detail, he felt that the government has fallen short in addressing various street crimes which is a major concern to the public, such as snatch theft, metal stealing and violent robberies.
Dr Cheah added that the government also did not set-up a sentencing council to prevent inconsistencies in passing judgments. For example, the offense of insulting the national flag is punishable up to 15 years in prison, but different judges have their own evaluation of the offense which is highly questionable and unfair.
Finally, he said that while he agreed with the sentences clearly stated for offences in the PCA, Gerakan remain steadfast in rejecting the provision that allows for indefinite detention without trial.
