(d) All the peripheral activities like recruiting, training terrorists, and providing direct or indirect material support, to terrorists or in the commission of terrorist acts are provided for in other sections under Chapter VIA including hostage-taking.219 The proposed Anti-Money Laundering Act amendments provide a new Chapter VIA: Suppression of Terrorism, Financing Offences and Freezing, Seizure and Forfeiture of Terrorist Property. The sections contained in Chapter VIA have extended criminal liability extra-territorially to citizens and Malaysian body-corporates committing these offences abroad.220 The Advisory Council of Jurists observes and recommends: 1. The ratification by Malaysia of most of the major international terrorism conventions makes it timely for a review of the definition of the terms ‘terrorism’ and ‘terrorist’ in domestic legislation and a review of the legal and practical effect of that legislation. A clear distinction should be made between legislation to combat national and international terrorism and legislation for less heinous domestic offences against the State, person or property. 2. The definition of ‘terrorist’ in the Penal Code Amendment Act 2003 is considerably wider than the definition contained within the Internal Security Act which is itself very wide. Care must be taken that it is not used to restrict freedom of expression and association.. Persons who have merely voiced dissent without advocating the overthrow of the established order by violent means should not come within the definition of terrorist. 219 Some other noteworthy features are the extra-territorial extension of the application of the Amendment Act to persons outside Malaysia who commit offences under Chapter VI and VIA outside the country, the extension of liability from persons to legal personae and other similar entities and groups, the death or the life sentence for many of the new offences created and the increase of life sentence from 20 to 30 years. The defence of duress under Section 94 of the Penal Code will not be available to persons who commit terrorist offences under the reasonable apprehension that instant death would be the consequence if they acted otherwise. 220 Section 66C of the Anti-Money Laundering Amendment Act also provides a new mechanism for implementing Malaysia’s obligations under the UN Charter in that it now provides that: Where the Security Council of the United Nations decides in pursuance of Article 41 of the Charter of the United Nations, on the measures to be employed to give effect to any of its decisions and calls upon the Government to apply those measures, the Minister of Home Affairs may, by order published in the Gazette, make such provisions as may appear to him to be necessary or expedient to enable those measures to be effectively applied. 105

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