Penal Code amendments passed

ARCHIVES 2013

By admin-j On Oct 22, 2013

The clause appearing in the new Section 203A has drawn much flak, primarily from the opposition, for its vagueness.

Tarani Palani & Pathma Subramaniam, Fz.com

The disclosure of information clause in the Penal Code (Amendment) Bill merely functions as an “enabling” law to tackle “serious crime”.

Minister in the Prime Minister’s Department Nancy Shukri said this when replying to answering queries from MPs before the bill was passed at the second reading in the Dewan Rakyat today.

The clause appearing in the new Section 203A has drawn much flak, primarily from the opposition, for its vagueness.

The newprovision reads: “Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with a fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both”.

Nancy said that the provision has to be read together with Section 203 of the existing Penal Code with regards to giving false information.

Section 203 states that whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Opposition MPs have argued that the proposed clause restricts freedom of information and goes against the Whistle Blowers Act in revealing information important to curb wrong-doings.

They also argued that such matters like revealing crucial information with regards to corruption may be perturbed through this clause.

Nancy however said that this law was specific to crime prevention and would not hinder the leaking of information in relation to corruption.

“If the Malaysian Anti Corruption Commission (MACC) gets a tip off, those who have given the information will be protected under the MACC Act itself.

“(The new clause) is to tackle organised crime…this clause has to be read on a whole with the Prevention of Crime Act (PCA) and the existing Penal Code.

“We won’t detain just about anyone. This only comes into effect when there is a threat to the nation,” she said.

During the third reading, Tangjong Karang MP Datuk Seri Noh Omar (BN) came to the government’s defense arguing that the amendment is necessary stop leakage of information that jeopardises the country’s defence.

Drawing analogies from confidential police operations, Noh said that if the information leaked could lead to the operation being cancelled then the clause comes into effect.

“If the media releases the information of a police raid on a prostitution den and its later aborted that’s when action should taken on the journalist,” he insisted, dousing earlier criticisms that the clause has severe bearing on journalists from doing their jobs without fear or favour.

This clause has been one of the hotly debated provisions in the amendments suggested in the Penal Code (Amendment) Bill.

Klang MP Charles Santiago (DAP) argued that this particular clause contradicts the Freedom of Information Act which has been implemented in the Pakatan Rakyat-held states of Selangor and Penang.

Nancy said she will have to double check on this matter as she wasn’t clear on it herself.

Other issues that were contested was that rape should also be extended to males as some of the amendments touch on matters such as gang rape.

Drawing heated discussion was the introduction of a new Section 329A on domestic abuse which states that “whoever, during the subsistence of a valid marriage, causes hurt to his spouse and commits and offence under Sections 323, 324, 325, 326, 334 or 335 shall be punished with imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence under the relevant section”.