Controversial proposed amendments to the Penal Code that call for mandatory jail sentences for vandalising and insulting the national flag have been withdrawn, said Minister in the Prime Ministers Department Nancy Shukri. The two offences under clauses 5 and 33 respectively were deemed better covered under other laws, such as the proposed National Harmony Act. Insult to the Jalur Gemilang is best covered under the proposed National Harmony Act. Vandalism in general can be covered under local by-laws, but we need to reword Clause 33 to reflect more serious crimes first, she told reporters at the Parliament lobby earlier. The decision was made following heated debate on the Penal Code amendments in the Dewan Rakyat on Tuesday. Nancy added that Clause 33 had to be reworded to reflect a more serious crime, like the marking of territories done by gangs. Asked what words would be replaced, she said it was subject to further discussion with the Attorney Generals Chambers. Clause 5 sets a jail term of not less than five years and not more than 15 years, and a possible fine, for anyone found defacing any national emblem, as well as those who use, recognise or promote any flag that claims to represent Malaysia other than the Jalur Gemilang. Clause 33 states a penalty of up to three years for anyone deemed guilty of vandalism. Meanwhile, Datuk Bung Mohktar Radin (BN-Kinabatangan) welcomed the retraction of the controversial provisions. I am glad that the government has withdrawn the two provisions which I was totally against. As such, I will give support the bill when it comes up for voting in Dewan, he said when asked to comment on the decision. He clarified that his opposition was not against the entire bill but merely the two provisions concerned. On Monday, Bung said he would not support the bill and called for its retraction, a similar call made by Datuk Seri Azalina Othman Said (BN-Pengerang) who was against mandatory jail time for offenders under the provisions. However, Minister in the Prime Ministers Department Datuk Seri Shahidan Kassim said the Government does not intend to retract the entire Bill, although amendments could be made. Opposition MPs also expressed delight at the retraction of the two provisions, but said the battle was far from over. We are glad that our hard work in fighting the two clauses has paid off, but there is still Clause 11 to fight against, said N. Surendran (PKR-Padang Serai) during a press conference here. Clause 11 prohibits civil servants from revealing any information obtained in their professional capacity, with a penalty of a RM1mil fine and/or a years jail term. Sim Sze Tzin (PKR-Bayan Baru) said, if passed, the clause would undermine the Freedom of Information Act (FoI) enforced in Penang and Selangor. If this is passed, state government officers will have the right undr FoI to release certain information to the public, but face being charged under Clause 11 since federal law supercedes state laws, he said.
Posted on: Tue, 22 Oct 2013 06:27:23 +0000
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