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PCA amendments unconstitutional, says Karpal

PCA amendments unconstitutional, says Karpal
 
The tabled amendments to the Prevention of Crime Act (PCA) are unconstitutional, said DAP national chairperson Karpal Singh today.

Speaking to reporters at the Parliament lobby today, Karpal said that even though the amendment stipulates that the three-member Crime Prevention Board would be answerable to the Parliament, the provisions can still be considered unconstitutional.

"Being answerable to Parliament is one thing, but we are doing something unconstitutional. It is unconstitutional," he said.

Karpal said that having a three-member board as opposed to a minister calling the shots would make little difference, and that the amendments would still make the law similar to the now abolished Internal Security Act (ISA).

"In principle it is still the same thing. This can only be justified during wartime. If you have the evidence, take them to open court. If he is found guilty, put him in jail.
dap special meeting 110313 lim kit siang 2"How can you entrust (these powers) to the hands of three people? Having no judicial review makes it worse," said Karpal.

Meanwhile, DAP parliamentary leader Lim Kit Siang (right) described the amendment as an "obnoxious piece of legislation".

"This is against the promise of liberalisation," he said.

The government tabled the PCA amendments, which included a provision for detention without trial, in Parliament yesterday along with 10 other laws to be amended concurrently.

The new legislations were immediately met with stinging criticism from both civil society and the Opposition.

The government previously abolished two laws that provided for preventive detention, namely the Emergency Ordinance (EO) and Internal Security Act (ISA).

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