Saturday, 2 July 2011

ISA cannot be used against PEACEFUL ASSEMBLERS

This act is cleverly written in such as way that that it does not
violate the PEACEFUL ASSEMBLY provision of the constitution, otherwise
this whole act will be invalid.
Peaceful assembly does not affect the security of the nation. It does
not even disrupt the maintenance of essential services. "economic
life" maybe affected but this has to be taken into account other
constitutional provisions.
Egyptian Tahrir's square seems to affect economic life, but I can see
many cars going around. The economic effects are more due to rumours
or speculations, because even elections seem to affect economic life.
So this phrase has to be interpreted in such as way that it does not
violate the right to PEACEFUL ASSEMBLY. Otherwise, the whole act is
viewed as invalid, or at least this paragraph.
Power to order detention or restriction of persons
8. *(1) If the Minister is satisfied that the detention of any person
is necessary with a view to preventing him from acting in any
manner prejudicial to the security of Malaysia or any part thereof
or to the maintenance of essential services therein or to the economic
life thereof, he may make an order (hereinafter referred to as "a
detention order") directing that that person be detained for any
period not exceeding two years.

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