Circular No. 74/13: Public Forum on the Prevention of Crime Act 1959 (22 Jan 2014)

The Johore Bar Committee in collaboration with the Bar Council will be organizing a Public Forum on the Prevention of Crime Act 1959 in Johor Bahru. We cordially invite you to this forum, the details of which are as follows:-

Date : Wednesday 22nd January 2014

Time : 7.30 p.m. to 9.00 p.m.

(Registration starts at 6.30 pm)

Venue : Auditorium JOTIC

Level 5, Bangunan JOTIC

Jalan Ayer Molek

80000 Johor Bahru

On 25th September 2013, the Government tabled the amendments to the Prevention of Crime Act 1959 (“PCA”). These amendments to the PCA were subsequently passed by Parliament on 11th October 2013 as the Prevention of Crime (Amendment and Extension) Act 2013.

The amendments have wide and serious ramifications to civil liberties, the criminal justice system, and the administration of justice as a whole.  In essence, the new PCA contains provisions that revive some of the most offensive elements of the Internal Security Act 1960 (“ISA”) and Emergency (Public Order and Prevention of Crime) Ordinance 1969 (“EO”), through the re-introduction of preventive detention without trial, repeated renewals of such detention without trial, the denial of basic rights of suspected persons to due process of law including the denial of the right to legal representation, and the right to be heard before any adverse direction or decision is made. It is therefore necessary to understand that the purported safeguards, such as the establishment of the Prevention of Crime Board and the right of judicial review against any orders imposed by the Board for preventive detention without trial, are insufficient or illusory.

The Malaysian Bar takes the view that the amendments to the PCA are, as a whole, abhorrent and a gross violation of the rule of law and the constitutional safeguards enshrined in the Constitution. These amendments are unnecessary in the fight against serious and organised crime. The Malaysian Bar has always been, and still is, against detention without trial.

What if someone you know is deprived of his or her freedom or civil liberties without due process?  Detention without trial runs counter to the rule of law, the rules of natural justice, and the basic principle of the criminal justice system, namely, that a person is innocent until proven guilty.

It is on this premise that the Malaysian Bar is embarking on a series of public forums throughout the country, to brief and hold dialogues on the amendments to the PCA, with Members of the Bar and the public.

About the Speakers

Christopher Leong is the President of the Malaysian Bar. He has extensive experience in the area of constitutional and administrative law.

Steven Thiru is the Vice-President of the Malaysian Bar. He has appeared at all levels of the courts in Malaysia and has argued a number of administrative law and native rights points.

Richard Wee Thiam Seng, the Secretary of the Malaysian Bar, will be speaking in his capacity as Chairperson of the Bar Council Safer Malaysia Committee, a committee formed to combat the country’s escalating crime rate.

Kindly take note that attendance at this Seminar will earn you 3 CPD Points.

Event code: T3/22012014/BC/JHB2828/3

 

As this Forum is open to the public and places are limited, we would strongly urge our members to reserve a place by filling in and submitting the Registration Form appearing below to the Johore Bar Secretariat not later than Tuesday 21st January 2014. You may also register your family members and friends who are not members of the Johore Bar for the event.

 

SHAHAREEN BEGUM BINTI ABDUL SUBHAN &

KUNA NADASEN

(Joint-Chairpersons of the Organizing Committee)

(This is a computer-generated letter. No signature is required)


REGISTRATION FORM

JOHORE BAR COMMITTEE

No. 5 Jalan Tun Abd Razak

Susur 1/1

80000 Johor Bahru

Tel: 07-276 3888

Fax: 07-276 1188

Email: secretariat@johorebar.org.my

I would like to register for the event :

Name : ____________________________________________________________________

Name of Firm/Organisation : ___________________________________________________

Address : __________________________________________________________________

Telephone : ______________________________ Fax : ________________________

Email add : _______________________________

Date : ________________________ Signature : _________________________

Completed forms are to be forwarded by fax to Johore Bar Secretariat at 07- 276 1188.

For more details or to register, please contact the Johore Bar Secretariat at 07- 276 3888 or email to secretariat@johorebar.org.my

NOTE: Places are limited and admission is by invitation only.

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