2 new laws to replace Internal Security Act

The Internal Security Act (ISA) – is to be repealed some 50 years after it was first drawn up, in its place will be two anti-terror laws, not unlike the ones drawn up in the USA and Britain to handle terrorists, violent criminals and subversive elements.

Prime Minister Datuk Seri Najib Tun Razak said the new laws would be in line with Article 149 of the Federal Constitution and promised Malaysians that no one would be detained due to their political ideology.

“In my maiden speech when I took over as Prime Minister, I promised that the ISA would undergo a comprehensive review. As such, I would like to announce on this historic night that the Act will be abolished.

“Two new laws will be enacted to maintain peace, harmony and prosperity. The laws that will be formulated will take into account basic rights and freedom based on the Federal Constitution. Above all, the Government will ensure the rights of those involved will be protected,” he said.

Najib said the new laws would provide for a substantially shorter detention period. Any further extension to the detention could be made by a court order, except for those laws related to terrorism, which would remain under the relevant minister’s purview.

“The Government is also giving its commitment that no individual will be detained purely based on political ideology. In a modern day democracy, there must be a balance between national security and individual freedom; this is the responsibility of the Government, whose highest aim is to uphold people’s welfare and harmony."

He said although freedom of expression was guaranteed under the Federal Constitution, this did not mean that anyone could commit slander or stoke hatred.

Mahdzir Khalid urged DAP to take action against Kok for her 'almost like dog food' comment

Kedah Umno Liaison chairman Datuk Seri Mahdzir Khalid said a politician who is educated and has credibility will not make a statement which can hurt other people’s feelings.

He said Umno would have taken action against its member should the person concerned make such a remark as in the case of Bukit Bendera Umno division head Datuk Ahmad Ismail.


He urged DAP leadership to take action against the party’s central executive committee member, Teresa Kok, for her “almost like dog food” remark on the food served to her while in detention under the Internal Security Act.He said that as a political party, DAP should take action against Kok, who is Seputeh Member of Parliament, for insulting security officers and also jeopardizing the country’s good name.



“Teresa knew what she ate while in detention, but after her release she said the food served to her was almost like dog food.

Syed Hamid says, Teresa Kok’s release decided entirely by police

Deputy Inspector-General of Police Tan Sri Ismail Omar said in a statement that police were satisfied with the cooperation rendered by Kok during the investigation and there was no longer any reason to continue her detention.

Home Minister Datuk Seri Syed Hamid Albar said the release of the Seputeh Member of Parliament, Teresa Kok, from detention under the Internal Security Act (ISA) was decided entirely by the police without referring to him or requiring his approval.


He said he was in fact informed of the matter after Kok had been released, and believed that the release was made after police investigation revealed that the detention was no longer necessary.

"I don't ask questions because when it comes to police exercising their power, I let them do their work without any hassle.

"And if they feel there is no need to make any recommendations and they are satisfied, they will release in accordance with the powers that they have.

Kok, who is also a Selangor State Executive Councilor, was released at 1.30pm after being detained for eight days under Section 73(1) of the ISA 1960 as she was alleged to have raised racial and religious sentiments.

Syed Hamid said that under Section 73, an individual could be detained for up to 60 days for investigation if the police suspected that he or she was a threat to national security.

He said that his role as the minister was only needed to approve detention that exceeded the 60-day period, where police felt that the extended detention was a necessity.

Tan detained as life was 'under threat'

Home Minister Datuk Seri Syed Hamid Albar said Sin Chew Daily reporter Tan Hoon Cheng was detained under the Internal Security Act because police believed her life was "under threat".

He said police intelligence had ascertained that Tan's safety was threatened because of what she had written about former Bukit Bendera Umno division chairman Datuk Ahmad Ismail.

"She had received threats recently from unknown individuals," he said at Federal police headquarters in Bukit Aman, stressing that there was no political interest in the recent detentions.

The swift action was to ensure her safety, he said.

Syed Hamid said Tan was released yesterday after police were satisfied with her answers during questioning.

The reporter was released at 3.30pm and returned to her home in Bukit Mertajam.

Asked why police had to detain her under the ISA instead of just summoning her to a police station, Syed Hamid said police had acted according to the law.

"The police are just doing their job to ensure that national security and public order are maintained."

Pressed again on why the ISA was used against Tan, Syed Hamid said the report made by her was on a sensitive issue and police needed to get to the bottom of it.

"Umno also suspended Ahmad from holding any post for three whole years."

Raja Petra detained under ISA

Home Minister Datuk Seri Syed Hamid Albar said blogger Raja Petra Kamarudin was detained under Section 73 (1) of the ISA as he was deemed a threat to security, peace and public order.

He said Raja Petra, 58, was picked up at his house in Sungai Buloh at 1.10 pm under Section 73(1) of the Act.

Section 73(1) of the ISA permits the detention of an individual for up to 60 days.

Syed Hamid said the detention came in the wake of various statements published by Raja Petra in his blog “Malaysia Today”, the latest being a commentary which allegedly ridiculed Islam and Prophet Muhammad.


“We have called and advised him many times following the publishing of his statements but he has continued to write, so much so that they (the statements) could pose a threat (to security and public order),” he said.

Syed Hamid also confirmed that Sin Chew Daily, The Sun and Suara Keadilan were issued show cause letters. "They have been given a week to reply," he added.

Internal Security Act (ISA)

The 48-year-old highly controversial Internal Security Act (ISA) currently at issue which entangles and emerges as the hottest topic being discussed in the Malaysian society. The key question is whether the political crisis will be solved and nation security, peace and harmony not being jeopardise once the law is being enforced.

Political parties and NGOs urged but Gerakan Wanita issued a strong call for Bukit Bendera Umno division Chief Ahmad Ismail to be sacked and detained under the ISA for his racist rants. On the other hand, business as usual, a number of civil society groups have opposed the use of it which claimed that it will only legitimize the draconian act which has long been condemned by the civil society and opposition parties as it is contrary to fundamental human rights.

Ironically, the political price of the racist statements are too great and the national interest should be our country’s top priority.

Interestingly, although the United States and the United Kingdom claimed to be the most democratic countries but they had similar legislation.

Internal Security Act is a preventive detention law, at the discretion of the Home Minister, without charge or trial of any person in respect of whom the Home Minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia.

Under the ISA, a person may be detained by the police for up to 60 days without trial for an act which "prejudices the security" of the country. After 60 days, the detention can be extended for a period of two years, with the approval of the Minister of Home Affairs. It can then be renewed for successive two-year periods. A detainee can thus expect to remain in detention indefinitely.

During the first 60 days of detention, detainees are allowed no family visits and no access to legal counsel. If a further two-year detention is approved, they are taken to the infamous Kamunting Detention Centre, where they are held in isolation in small, poorly ventilated cells.

It was first introduced by British colonial Malaya in 1948 to combat the armed insurgency of the then Malayan Communist Party.

Following the proclamation of an emergency then, the Emergency Regulations Ordinance 1948 was made by the British High Commissioner Sir Edward Gent which allowed the detention of persons for any period not exceeding one year.

The 1948 ordinance was primarily made to counter acts of violence and, conceivably, preventive detention was meant to be temporary in application. The Regulations allowed the police to arrest without evidence or warrant anybody suspected of having acted or being likely to act in a way that would threaten security, hold them incommunicado for investigation, and detain them indefinitely without the detainee ever being charged with a crime or tried in a court of law.

In 1960, three years after Malaysia’s independence, the Emergency was declared over. However, a new Internal Security Act under Article 149 of the Malaysian Constitution was passed in its place with much the same powers. On its separation from Malaysia in 1963, Singapore also retained the ISA.

Five HINDRAF leaders detained under ISA

KUALA LUMPUR: Five leaders of the Hindu Rights Action Force (Hindraf) have been detained under the Internal Security Act (ISA), with police saying more could be picked up.

The detained leaders are (from left) : P. Uthayakumar, M. Manoharan, R. Kengadharan, V. Ganabatirau and K. Vasantha Kumar.

Bukit Aman police officers picked them up between 12.30pm and 2.30pm yesterday.

Inspector-General of Police Tan Sri Musa Hassan said they were picked up under Section 8(1) of the ISA after Prime Minister Datuk Seri Abdullah Ahmad Badawi, who is also Internal Security Minister, signed their detention order.

Their detention is for two years.

“Other personalities who are involved or have links with any terrorist organisation that could threaten or jeopardise national security will be picked up,” he said.

The IGP said all five had been sent to the Kamunting detention centre.

Uthayakumar was picked up from his office in Bangsar here; Kengadharan from his office in SS2/55, Petaling Jaya; Vasantha Kumar from a restaurant in Brickfields; Manoharan from his Pantai office; and Ganabatirau in Seremban.

The group came into the spotlight on Nov 25 when it organised a mass protest that saw thousands of Indians gathering at various locations in the city to support Hindraf’s plan to submit a petition with 100,000 signatures to the British High Commission.

The petition was to ask Queen Elizabeth II to appoint a Queen’s Counsel to represent the Indian community in a class-action suit against the British Government for bringing in Indians as indentured labourers to the then Malaya and exploiting them.

P. Waythamoorthy, who is another Hindraf leaders, is currently overseas.

All Malaysian news paper reported the news.

Three Hindraf leaders arrested under ISA

KUALA LUMPUR November 23, 2007: Police have arrested three Hindraf (Hindu Rights Action Force) leaders under the Sedition Act on Friday.

P. Uthayakumar (photos), Hindraf's legal advisor was arrested Friday morning, while his brother Waythamoorthy, who is also the organisation's president, and S. Ganapathy Rao were arrested in the afternoon.

Uthayakumar was arrested under the Sedition Act at his office in Bangsar on Friday by five plainclothes policemen from the Selangor police headquarters in Shah Alam.

Uthayakumar, 46, was in his room working when the police came at about 10.30am. His secretary A. Shantha said the police had told the staff they wanted to serve a warrant on Uthayakumar.

"The policemen then approached Uthayakumar and before we knew it, he was arrested. The arrest was by the same team of policemen who had earlier gone to see Uthayakumar in his house in Bangsar at 7am to serve him with a court order," said Shantha.

The court order served on Uthayakumar in his house was issued by a Kuala Lumpur magistrate's court under Section 98 of the Criminal Procedure Code.

This section allows for a magistrate to issue an order in urgent cases of nuisance. The magistrate may direct a person to abstain from a certain act if the magistrate considers the intended action is likely to cause annoyance, injuries or endanger humans or lead to a riot.

The order is effective for seven days, until next Thursday.

Hindraf is planning a gathering on Sunday outside the British High Commission in Jalan Ampang.

At least 20,000 people are expected to take part in Sunday’s gathering and the protestors had been told to dress in orange.

The assembly is to submit a petition with 100,000 signatures to Queen Elizabeth II to appoint a Queen’s Counsel to represent the Indian community in a class action suit against the British government for bringing Indians as labourers to the then Malaya and exploiting them.