Home Ministry re-tables motion on extension of Subsection 4(5) of SOSMA
26 Jul 2022 03:58pm
Dewan Rakyat approved a motion to revoke the decision made by the House on March 23 in rejecting the extension of the enforcement of Subsection 4(5) of SOSMA on July 20. - Bernama Photo
He said extension of the enforcement of the subsection was necessary to deal with threats to the country’s sovereignty, security and public order.
Sub-section 4(5) of SOSMA, among others, states that a police officer with the rank of superintendent or higher may extend the period of detention for a period not exceeding 28 days, for the purpose of investigation.
"We cannot compromise with elements that threaten national security and the duty of the Royal Malaysia Police (PDRM) and all security agencies in this country is to ensure the country is peaceful and safe to live in," he said when tabling the motion.
Hamzah said that although the subsection provides 28 days for a suspect to be held for investigate, in reality the police only have 21 days to investigate.
"This is so because the police have to hand over the completed investigation papers to the Attorney- General's Chamber for further instructions seven days before the end of the 28-day period,” he added.
During the investigation period, he said, the police would need to obtain information from other enforcement agencies, as well as to seek assistance from other countries for cross-border cases, which would take a long time.
Hamzah said SOSMA (Act 747) provides justice for the people who are detained, including the opportunity for them to meet with their lawyer.
He said SOSMA should not be compared with the Internal Security Act (ISA) 1960 as they are many differences between the two laws.
On the issue of detention without trial, he said, SOSMA requires the person detained to be charged if there is sufficient evidence as stated in Section 12 of SOSMA and that all security offencesmust be tried by the High Court.
On July 20, the Dewan Rakyat approved a motion to revoke the decision made by the House on March 23 in rejecting the extension of the enforcement of Subsection 4(5) of SOSMA. - BERNAMA
