Key Issues
KEY ISSUES
Basically we could not have peace, or an
atmosphere in which peace could grow, unless
we recognised the rights of individual human
beings... their importance, their dignity... and
agreed that was the basic thing that had to be
accepted throughout the world.
Eleanor Roosevelt
1. REVIEW OF LAWS
The Government carried out a review of several laws including the Prevention of Crime Act
1959, Penal Code, Security Offences (Special Measures) Act 2012, Criminal Procedure Code and
Evidence Act. However, the Commission was not consulted in the review process.
(a) Prevention of Crime (Amendment and Extension) Act 2013
The Commission appreciates the Government’s efforts to combat serious crime, but remains
concerned with the Prevention of Crime (Amendment and Extension) Act 2013, passed by
Parliament in September. The Commission observes that some provisions are inconsistent
with fundamental human rights principles enshrined in the Federal Constitution and Universal
Declaration of Human Rights:
8
•
Sections 9(5) and 9A(2) deprive the right of a person to legal representation;
•
Section 7C violates a person’s right to a fair trial and protection against repeated
trials, as well as the rights to equality before the law and to be considered innocent
until proven guilty; and
•
Section 15A denies the right of an aggrieved individual to access a court of law with all
the guarantees necessary for his/her defence.