Out with the outdated laws

The long-overdue law reform panel is raring to get down to work to revise outdated, draconian and confusing laws.

By HARIATI AZIZAN, The Star

AS soon as it was announced that they have been tasked to review the Internal Security Act (ISA), the newly-formed Law Reform Committee was inundated by various demands.

“Other than the ISA, there are many laws that have been widely criticised, like the Sedition Act and the Emergency Act, and various groups did not waste time to call for their reform,” says the Deputy Minister in the Prime Minister’s Department Datuk Liew Vui Keong who heads the committee.

But Liew himself is more concerned about the other laws that are also long overdue for reform, like the Contract Term Act, which is seen as unfair to employees, and the Civil Law Act, which does not provide adequate damages for accidents and negligence cases.

“These laws are not as ‘glamorous’ as the ISA but they are as important for people’s welfare, so they are also at the top of our priority list,” Liew says.

Formed in April, the committee is tasked with getting laws considered to be confusing, obsolete and draconian reviewed.

Their responsibilities include making recommendations on updating the outdated laws, drafting revised versions for confusing laws, and consolidating overlapping laws.

Among those to be considered for review include the Criminal Procedure Code, Penal Code, and state laws that are in conflict with the Federal Constitution.

However, he concedes that laws requiring urgent review are the preventive detention ones, which are not consistent with the fundamental liberties guaranteed under the Federal Constitution.

“We have to ensure that laws which infringe on people’s rights will be reviewed but at the same time we need to take care of their basic needs. So, we have to look at it from a case-to-case basis.”

What people do not realise, he points out, is that there are more than 500 laws in Malaysia; hence reform will take time.

“And that does not include the bylaws!” he quips.

“So, we have to strike a balance between laws pertaining to human rights and those that affect one’s daily survival. For example, there are more urgent business and commercial laws that we need to review in these economic times, as they affect workers’ livelihood and welfare.”

Before the nitty gritty work can begin, the committee has to be put in order, Liew says.

“We are now at an early stage. I am currently compiling a list of possible candidates for the committee which will be recommended to Datuk Seri Nazri Aziz (the minister in the PM’s Department overseeing law issues) for shortlisting before we propose it to the PM for approval and announcement.”

He adds that he is looking for candidates with some legal background as well as knowledge in the relevant areas of law targeted for reform. The committee is also streamlining the framework for reviewing the laws.

“We will have a main committee with smaller committees to look at the relevant laws that fall into the categories. The committees will work with the relevant ministries that are ‘in charge’ of the particular laws that require amendment,” Liew says.

As mentioned earlier by Nazri, the Legal Affairs Department would act as the secretariat for the review.

Liew is also meeting various stakeholders –such as the Malaysian Bar and other legal associations in the country, the Attorney-General’s Chambers, Malaysian Anti-Corruption Commission and Suhakam – to get the ball rolling.

The most important stakeholders, he adds, are the ministries overseeing the specific laws.

“I have to meet the relevant ministers to discuss strategies on the reforms needed. We will have to work closely together. For example, for the ISA which is close to the hearts of many, we will work together with the Home Ministry to amend the relevant parts,” he says.

Proving the Government’s commitment in reforming draconian laws, he points out that the Home Ministry has set up two committees to oversee the reforms.

For certain laws, enforcement is an important aspect and the committee will make recommendations to the relevant ministries, Liew says. “But we will be careful not to encroach their jurisdiction.”

Liew adds that it will be a two-way communication.

“The ministries can also come to us and initiate the reform,” he says.

Sceptics are already questioning the effectiveness of the committee in pushing for real law reforms in Malaysia, but Liew hopes people will be patient.

He says there is no time frame for the review given the extensive number of laws.

“However, we are not going to wait until we have gone through all the laws to do something,” he says, adding that the Government would determine at a later stage whether it was necessary to set up a Law Reform Commission.

He also urges people to have confidence in the committee.

“Without a shred of doubt there are many laws that require attention. Change will take place but it will take time. Law reforms will be a lifelong process and I hope to be there as long as it takes,” says Liew who has been practising law for over 20 years.

The Government is serious about law reform and the process will be transparent, he stresses.

“In the process of repealing and amending the law – the question of transparency is not an issue. We will involve stakeholders including all the legal practitioners from the relevant bodies.”

Liew adds that the committee will also look into setting up a public consultative process for law reform.

“The views of the people are important because they are the ones affected by the laws, especially those that are obstructing their fundamental rights. Hence, we have set up a Blog to get feedback from people.”

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