Chapter 1 – Report of the Policy, Law and Complaints Group
can be made solely based on the Council’s assessment that an area is being “seriously
disturbed or threatened”. This gives the Prime Minister the unfettered power to declare
any area as a security area. The power to declare a state of emergency lies within Article
150(1)35 of the Federal Constitution. A Proclamation of Emergency may be made at
the satisfaction of the Yang di-Pertuan Agong that there are threats on the security,
economy, or public order of the Federation;
(iii) The term “reasonable force” under Section 34 is not defined, and such force may
be used if it is “reasonable and necessary in the circumstances to preserve national
security”. This may create a culture of indiscriminate use of unreasonable force, and
the possibility of torture in the course of arrest and investigation;
(iv) The power given under Section 35, to dispense with an inquest into the cause of death
of a person who perished within the security area, is of concern. Such power creates
the possibility of impunity and this further promotes the likelihood of torture and other
cruel, inhuman, or degrading treatment or punishment. The Commission, in various
settings, has repeatedly called on the Government to accede to the Convention Against
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, so as to
provide checks and balances on the actions of the State; and
(v)
Under Section 32, the amount of compensation for the Government’s possession of
land or utilisation of resources will be based on the assessment of the Director General.
9.
CONSULTATIONS WITH THE COMMISSION
(a)
Proposed Amendments to Child Act 2001
The Commission was invited to attend “Sesi Konsultasi Draf Akta Kanak-Kanak 2015 Bersama
NGO Dan Stakeholders” on 9 April at the Ministry of Women, Family and Community
Development. During the briefing session, the Commission was informed that the Ministry
is in the midst of finalising the Bill and would be tabling it in Parliament by the end of 2015.
Among the major amendments proposed by the Ministry were as follows:
(i)
New section on ‘Deinstitutionalisation’;
(ii)
New section on ‘Community Service Order’ for the child;
(iii) Abolishment of corporal punishment (Section 91); and
35
Proclamation of emergency
150. (1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic
life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency
making therein a declaration to that effect.
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