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Monday, September 15, 2008

Internal Security Act (ISA)

Don’t use ISA, says Zaid

KOTA BARU: De facto Law Minister Datuk Zaid Ibrahim (pic) stuck his neck out against the Government by condemning the use of the Internal Security Act (ISA) against civilians.

He urged the Government to revert to the original purpose of the law, which was to curb communism.

“It is time for the Government to go back to the original spirit of the ISA and it should only be used on armed terrorists or those out to topple the Government by force.

“I am not calling for a repeal of the ISA but for it to be used only when there is a real threat to national security and not on civilians,” he told a press conference at his home in Pasir Hor here yesterday.

According to Zaid, he was prepared to accept any consequences from his apparent breaking of ranks from the Cabinet over the issue of the ISA.

He said he was also willing to step down as a minister if his actions were deemed to have undermined the Government and Cabinet.

“I do not want to cause any trouble for Pak Lah (Abdullah). I respect what he is trying to change but on the matter of the ISA, I am against imposing it on civilians. I joined his administration to make changes and everybody knows, I am also for a more open-form of press reporting.”

Zaid was commenting on the arrests of Sin Chew Daily reporter Tan Hoon Cheng, Selangor senior executive councillor Teresa Kok and Malaysia Today news portal editor Raja Petra Kamaruddin on Friday under the Act. Tan was released on Saturday.

By using the ISA randomly, Zaid said, the Government was sending a message that it did not trust the capabilities of its own enforcement agencies such as the police in maintaining peace.

“There were ample punitive law to act against lawbreakers without having to invoke the ISA,” Zaid said.

Zaid, who is a Minister in the Prime Minister’s department, said the use of the ISA also creates an impression of selective prosecution as the Government cannot seemingly incarcerate everybody but only a handful.

“In this latest episode of ISA, we (the Government) have generated an impression of selective prosecution since no action was taken against the person who allegedly uttered seditious remarks. We are saying that we are only acting against those who are disloyal to us.”

He said he was glad that Tan was released but was concerned over the continued detention of the other two.

(source: TheStar)


BN members lash out at the arrests

PETALING JAYA: Ministers and party leaders within Barisan Nasional have lashed out at Friday’s ISA arrests.

Some have gone as far as to call for the Act to be comprehensively reviewed, while others maintained that the draconian law is still relevant but should never be abused or used against civilians.

MCA president Datuk Seri Ong Ka Ting said MCA felt that if the ISA was really necessary, it must only be invoked in the most extreme cases.

Otherwise, he said, the Act would be a threat to the rule of law and the fundamental liberties as enshrined in the Constitution.

“In fact, even the drafter of the ISA, the late Prof R.H. Hickling, had said the Act was only intended against communist insurgents and those bent on armed struggle.

“If at all national security is threatened, there must be strong evidence to show that. Otherwise, such detainees should be charged in an ordinary court of law and there are sufficient laws for this purpose,” he said.

MCA vice-president Datuk Ong Tee Keat said he felt that the Act should be “comprehensively reviewed”.

“We need to review this Act comprehensively to see its relevance today,” he said.

Domestic Trade and Consumer Affairs Minister Datuk Shahrir Samad said it was necessary to retain the Act but it should be used wisely.

He said he had never asked for it to be abolished or reviewed as it was still needed here.

“It is still necessary but it should be used with care.”

Minister in the Prime Minister’s Department Tan Sri Bernard Dompok said the arrests of reporter Tan Hoon Cheng, Seputeh MP Teresa Kok and blogger Raja Petra Kamaruddin had put the Government in a bad light.

“For any arrest there must be a reason and it must be clearly explained to the public,” he said.

MCA vice-president Datuk Seri Dr Fong Chan Onn criticised Home Minister Datuk Seri Syed Hamid Albar’s explanation on the detention of Tan, who has since been released.

He said Syed Hamid’s explanation — that her arrest under the ISA was because her life was under threat — was “totally unacceptable.”

“It was a feeble attempt to justify the use of the ISA on Tan. By detaining her under the ISA, police have turned her into a victim of circumstances,” Dr Fong wrote in his blog yesterday.

Health Minister Datuk Liow Tiong Lai called for the ISA to be reviewed so that it would not be abused by any quarters to undermine national unity, security and stability.

Gerakan acting president Tan Sri Dr Koh Tsu Koon said Gerakan had called for the amendment of the ISA but not its abolition.

He said the Act should be used only when dealing with national security and not against journalists carrying out their duties.

Human Resources Minister Datuk Dr S. Subramaniam said the Government should be sensitive to the feelings of the people and not be blind to the fact that a significant proportion of the rakyat abhor the ISA and would prefer it not to be used.

“Every time somebody is arrested under the ISA, it gives rise to a perception that the Government is doing it because it is not able to charge and convict the person under existing laws,” he said.

Foreign Minister Datuk Seri Dr Rais Yatim said some aspects of the ISA ought to be subjected to intermittent review but its function to prevent occurrences that divide the community should be respected.

(source: TheStar)


These few days, people were talking about Internal Security Act known as ISA. Some agreed and some disagreed. It gives me headache when everyday people talk about this thing again and again. Worse when they talk without using a brain.

Actually I agree with Datuk Zaid and I bet many other ministers agree with him too. Just that others love their position so much which make them stay silent and just agree at the current situation. Ministers have been given responsibility and our trust to help Prime Minister to manage the country. But it seems it’s just a one way agreement, leader makes some points and the rest just agree without even dare to make other points which are against the leader (exactly the same at any company, don’t you think? We blame Hitler for the unfair leadership yet we work at a Hitler company and live in the Hitler land. Weird isn’t it?). I don’t agree ISA can be used easily. ISA should be the last resort and it is only for certain cases. I won’t elaborate about the cases that should be listed for ISA but government should think properly about how ISA works if it won’t be vanished from Malaysia.

I’m with you Datuk Zaid! Bravo!


  1. i support the abolishment of ISA. it's unethical to detain people without being charged in the court.. Sokong klu dato zaid resign disebabkan prinsip...

    nampak nyer gov dh makin glabah. makin ramai parti komponen yg lantang mengkritik..

  2. The use of ISA to curb with communism is only the affidavit or the declaration made Allahyarham Tunku Abdul Rahman. There is no proviso in the statute of internal security act stated that ISA is only for communism only. Article 149 of the Federal Constitution as FC is our supreme law provides about the subversion activity where ISA is passed under this Article 149. Paragraph (a) to (f) of clause 1 of Article 149 of FC provides the recital that should contain is such law like ISA whereas Dangerous Drug Act also passed under Article 149. So, why don't check out the ISA proviso then comes out with the argument.

  3. "I don’t agree ISA can be used easily. ISA should be the last resort and it is only for certain cases. I won’t elaborate about the cases that should be listed for ISA but government should think properly about how ISA works if it won’t be vanished from Malaysia."

    - Ditto -

    As for Zaid, what can he say? Having promised a lot of changes blah blah blah. He certainly can't turn back on his words. Or can he?

    Pak Lah has lot his plot. He can no longer control his cabinet and run the country. It's a rat race now between Anwar & Ku Li to take over the PM seat.

  4. kiter ni dah tukat kerajaan baru ke? buat saspen je kan..politik ni susah sikit nak komen la..takutttt

  5. I seriously don't know what is gonna happen to our country in the near future...

  6. Have you checked on what basis that these people were detained? If you know what lies behind the detention, than I believe that you won't agree with Zaid.... it's not a mere and punitive reasons though....

  7. Kamal – Yes, I agree with you. Why they didn’t bring the case to court before ISA? The politic situation in Malaysia is pretty tense now, why make it worse? To threaten isn’t the best solution!


    Faizal – The article 149 as you mentioned:
    (1) If an act of parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation -

    (a) to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property; or

    (b) to excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or

    (c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or

    (d) to procure the alteration, otherwise than by lawful means, of anything by law established; or

    (e) which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or

    (f) which is prejudicial to public order in, or the security of, the Federation or any part thereof,
    any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.

    (2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both Houses of Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.
    From my poor point of view, if you refer to clause (C) don’t you think Ahmad Ismail should be put under ISA too? Instead of banning the membership for 3 years, why he could escape from ISA?

    We are talking about ISA here which I don’t want to elaborate about RPK and Teressa. There are things that I don’t agree with RPK and Teressa but still I don’t think they are supposed to be kept there.

    By the way, in 1960 the authorities amended Article 149 to expand the definition of subversion, and to remove the one-year time limit on such Emergency Ordinances by providing that they could continue indefinitely, unless both Houses of Parliament passed laws revoking them. Article 149 of the original 1957 Constitution allowed for parliament, in the event of serious subversion or organised violence, to pass laws that were repugnant to the fundamental rights safeguarded elsewhere in the Constitution.

    Restrictive laws continue to undermine human rights.


    Ismail – Well, I agree with him with what he said. Not with what he promised. After all, can we list some ministers who are brave enough to say out loud in open media like this? I got 3 ministers as far as I am concern and they are Mukhriz, Muhyiddin and Zaid. Who else? If Zaid was wrong, why PM asked him to consider his decision again?

    Ku Li takes over the PM’s seat? I doubt.

    Rozella – We should at least try to cope even though it’s so disgusting. After all, politic never be clean. Don’t you agree?


    Rush Murad – Mind to elaborate about “Have you checked on what basis that these people were detained? If you know what lies behind the detention, than I believe that you won't agree with Zaid…”

    I don’t agree with RPK the way he translated verse from Al-Quran that way but the message he tried to give is many Malays nowadays use religion as their mask and weapon. Religion is a holy thing to be touched on any issue. What happen with Saiful and the oath thingy? To me religion and race are sensitive issue. Therefore it shouldn’t be used to fight again politic issue.

    Same goes with Teressa. I don’t agree with her way; scrub out all Jawi script on the signboard. Remember Jawi alphabet has existed for many centuries in Nusantara (the Malay world). Its development is linked with the arrival of Islam. It consists of mostly Arabic characters along with some extra characters unique to Jawi. The Jawi alphabet is one of the earliest scripts used for writing Malay. Jawi has been in use since the era of the kingdom of Pasai, to the era of the Sultanate of Malacca, Sultanate of Johor and also Acheh and Sultanate of Patani in the 17th century. Evidence of this is found in the Terengganu Inscription Stone (Batu Bersurat Terengganu), dated 1303 A.D. (702H by the Islamic calendar), whereas the earliest use of the Roman alphabet is found near the end of the 19th century. The Jawi script was the official script for Unfederated Malay States during British protectorate. Usage of Jawi was gradually phased out throughout the 20th century, although it has never been officially banned as the Ottoman-Arabic script had been in Turkey. Today, the script is used for religious and Malay cultural administration in Terengganu, Kelantan, Kedah, Perlis and Johor. The Malays in Patani still use Jawi today. But she was arrested because of Azan (Islamic call to player) banning proposal. How true she did that? If so I hope government can show some evidence. The fighting is between Khir Toyo and Teressa… I need the investigation result as soon as possible!

    If these are the thing you wanted to mention Rush Murad, I guess I knew. But if they are other things… maybe you can share with us?

  8. MummySyafie - Ye akak, politik sekarang dah kelam kabut di Malaysia. The best way guna je lah ISA kan? Harap-harap semua diam. Diam ke semua? :)

  9. I fully support Zaid Ibrahim. ISA should be abolished for common good of our people. If not, it should only be allowed on armed terrorists or militants. I don't think Teresa or RPK intends to launch a armed conflict with the government. It's absurd!

  10. Joseph - You are using the definition from Article 149 in 1957. Remember they had revised the Article in 1960? Guess at that time they called it Ordinance and after 1960, they changed it to Act.

    But I agree with the main point given by you. I support Zaid Ibrahim and partly agree with ISA abolishment. To me ISA should remain but the usage should be fair.

  11. Just stopping by to say "Hi!" and see how you are! Did you change your comment section?

    Take care, Tammy

  12. Tammy - Thanks for stopping by Tammy. Yes I'm using embedded comment. If you want to do so, you have to use Blogger in Draft :)

    You take care too.

  13. what happen to 16 Sept?? Just another 'sandiwara' by our politicians...

  14. huhuuu.... mcm2 laaa sekarang nih...

  15. "I got 3 ministers as far as I am concern and they are Mukhriz, Muhyiddin and Zaid".... Muhyiddin??? well... come on... let me check with my beloved aunty if her hubby really wanted to be so-called 'katak'... :D

  16. Anonymous3:01 PM

    >Teresa kok deserve it, big mouth RPK deserve it too….
    >Zaid; a stupor politician with no locus standi.
    >Abolishment of ISA would be a bless to a crook politician.

  17. Kamal - There are many reasons why he couldn't manage to do so but I don't want to be bias. So I choose to agree with you.

    Ej - Ya, macam-macam sekarang ni. Tak nak ikut, nanti tak tahu apa langsung pula yang terjadi di negara kita. Nak ikut... naik meluat :)

    Rush - I don't get you. Who is the "katak" here?

    Zaza - I respect all views :) I guess you got a good reasons to elaborate?

  18. i think this is happening in almost every country. some are open about it, like malaysian and singapore, while some do it quietly. the quiet ones are more dangerous i think. they are afraid that there might be dissensions within the community. what these govt should do, is at least trust it's citizens to make the right choices :) however , having said that, i do understand why such measures have to be taken. may not be pleasant, but to prevent anarchy, stuff has to be done. but then again, each country had it's own definiton of what 'anarchy' is :)

  19. Joseph9:12 PM

    This kinda law can easily be abused by power that be for their grip on their status quo. That's why we don't need it if we don't have a mechanism to prevent it from being abused. It's the rakyat that suffer, not the people at high place.

  20. wah.. cat baru nampak!! mana pi cet box tu??

    berita hari ni Pak Lah & Najib dh tukaq portfolio..

  21. Bunkerangs - Yes the silence one is more dangerous, I agree. I hope Malaysia won't be like Thailand, demonstration is everywhere to make Samak steps down from his position now.

    Joseph - Some colleagues agree that ISA should remain as other countries practice it as well just that they are using other name/term for it. Country like USA and Russia (if I am not mistaken) are even worse. If you are arrested under this section, you will be hit until you tell the truth or anything they want to know.

    Kamal - Aku gatal edit lepas tu hilang semua. Kena buat semula satu persatu. Terus tak sempat nak buat post baru :)

    Portfolio apa nak tukar lagi? Sebelum ni Paklah ada 5 portfolio kan? Dah jadi berapa pula?

  22. gua fenin'..wondering what is goin to happen next..brrrff

  23. Neome - We citizen, what else we could do? We can't talk, we can't do anything. We are a handicap citizen :)

  24. If you can't prevent abusing that law, you don't use it. That's it. If US and Russia do evil doesn't mean that we have to follow them. Besides, theirs are for confronting potential terrorists, not for civilians that pose no threat whatsoever to their nations. I strictly against ISA no matter what unless it can be guaranteed that no one shall abuse it. Besides, if there is no armed threat against our country, what for we need such a law?

  25. yeesh~ i hope things turn out brighter, soon. it scares me that such things happen within our gov. i really hope things turn out better, soon. *^^*

  26. hey um, i kinda thought you'd like to read a story i've written. always liked your comments, mr faisal. =) here's the url

  27. Joseph - Refer to my comment about Article 149.

    Hanna - We can only hope Hanna but Malaysia's politic is getting worse each day. I hope everything will be ok soon too.

    Oh okay. I will go and read it :)

  28. I always think ISA only for dictator's.. Singapore also has one. Huhu

  29. BCD - Not only Singapore but each country has it's own ISA just that they are using different term :)

  30. OMG Faisal! I feel the same way, headache la to read abt this every day in the papers....and yet...nothing major or any outcome is reached. Instead, we are feed with LAME excuses that pisses me off even more!!!! :(:(:(

  31. When will the 'top people' will ever realise that they are not of any help to the public? Selfish people and arrogant. Tough. I wonder what's gonna happen to our country now. Everything looks so be crippled. The dumbs are not admitting that they are dumbs. Pathetic!

    p.s: you changed your layout colours and font? I prefer the old one, the background colour and your font colour is not contrasting enough, kinda hard to read.

  32. Mariuca - Yes, I guess I could stop posting about politic for a while but I read something interesting again! This time is about Mukhriz. He is so right!

    Farah - Agree Farah. I laughed out loud when someone mention about dumb Oxford graduate... but at the same time I doubt about that statement. Well, if he really a dumb ass he won't be able to go this far and now one of the Ketua Pemuda UMNO candidates! Hmm...!

    Oh about my new layout I'm pretty tired of old template as so many blogs are using black background as well. So, let me change it to a bit greeny environment :) Sorry about the colors. I will try to edit when I have time... since I wasted a lot on this template 2 days ago. I wanted to give myself a try for template new looks but end up I messed up everything and I have to add all the widget from the beginning. Fuhh!

  33. well, yes, a lot of blogs have black background including mine, but I love it because it makes the other colours stand out. :) Anyway, I am not in the mood to change my layout yet though I have thought abt it several times.

    I love this new look now, you have changed the font colours and they look very nice. well done.

  34. Farah - Yes, changing layout would take whole day or maybe days to suit our taste. Guess I'll stick with this one for quite sometimes.

    Thanks Farah :)

  35. I’m not pro-government, nor I am pro-opposition, but I am the few which think ISA is needed in our country, with a few reviews over it. I do not think the ISA should be abolished.

    Just ponder about the 13 May. You'll find the answer why ISA is needed in our country. Just my 2cents.


  36. Skullsplitter - Yes you got your point right. ISA shouldn't be abolished but the usage should be clarified in detail rather than left uncertain and some say infinite.

    All countries in the world have their own ISA but just the term isn't the same :)


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