Give us the benefit of the doubt and let the proposed amendments be passed first, said de facto law minister Nancy Shukri today in regards to an amendment in the Penal Code which would impose a huge fine on civil servants who leaked information to the public. “It is because we are the implementors. Only when we are the implementors, we can see how serious the matter is. “So I urge the opposition and everybody to understand us and give it a go first,” said the minister when met at Parliament today. The proposed Clause 11 under the Penal Code (Section 203 A) would prohibit civil servants from disclosing information the public or face a fine not exceeding RM1 million, a prison term not exceeding one year, or both. The proposed amendment has drawn flak from lawyer-politician N Surendran, who claimed that the proposed secrecy law was worse than the Official Secrets Act 1972 (OSA). Earlier today, Nancy announced the removal of Clauses 5 and 33 from the Penal Code, which covers desecration of national flag and emblem, and vandalism respectively. In defending Clause 11, Nancy said the the amendments would cover matters which do not fall under the purview of the OSA. “We are talking about information concerning national security. So let’s implement it first and see how things are on the ground. We will keep improving,” she said. On why the law was not scrutinised thoroughly and feedback sought from all stakeholders, Nancy said the government has seen the need to have such a law in place first. “So it’s fair to give us a chance to implement it first,” said the Batang Sadong MP. When asked if the leaked information was pertaining to abuse of power or corruption, Nancy said those who leaked such information would be protected under the Whistleblower Protection Act 2010. “Let’s say the authorities are going to raid a place and someone leaks the information; that’s a security matter to the country. Are we going to allow it?” she asked. However, Nancy was coy when asked whether the government would be specific and include a provision that the amendment would only cover issues pertaining to national security. “We are talking about national security here,” she said, before ending the press conference. Revoke Clause 11 Meanwhile, PKR MP Surendran stressed that Clause 11 which prohibited government servants from disclosing information should be revoked as it will turn Malaysia into North Korea if it is passed. “The clause is serious, if it is passed, it will turn the country into North Korea as people would not be able to obtain information from government departments,” he said. Fellow PKR MP Tian Chua, who was also present, said that Clause 11 will have an effect on media practitioners as well. “When a reporter obtains information from a government servant, the journalist can be used as a witness to testify in court and will be forced to reveal the name of the government servant. “With this clause, we will become an information-less society. No newspaper can reveal information about the government,” he said. The amendments to the Penal Code has brought upon intense debate from both political divide with each throwing valid looking arguments in Parliament.
Posted on: Tue, 22 Oct 2013 07:50:22 +0000
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