Saturday, July 30, 2016

National Security Council Bill 2015

National Security Council Bill 2015 

On Thursday, December 3, 2015, The National Security Council Bill 2015 was passed in Parliament after a marathon six-hour proceeding.

The bill was passed quickly, taking two days to gain the majority vote, with 107 in favour and 74 against the bill.

Among the contents of the bill are:

Clause 18 (1): PM has full discretion to decide where 'security area' is

Clause 18 (3) and (4): Initial declaration of ‘security area’ lasts for 6 months but may be renewed by PM indefinitely

Clause 22–30: security forces can arrest without warrant; stop and search; enter and search premise; take possession of any land, building or movable property.

Clause 37: All NSC’s affairs are done is absolute secrecy

Clause 38: No action or lawsuit can be brought against the NSC

Unlike the Internal Security Act 1960 which requires the discretion of the Yang di-Pertuan Agong, the NSC bill is under the direct authority of the Prime Minister.

Further, while the Prime Minister has to seek advice from the 8-man security council, he can choose to ignore the advice. The Malaysian Bar called the bill a "lurch towards an authoritarian government".

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