My dear listeners,especially my foreign listeners, Open house in a layman term, is liken hosting a big lunch or dinner to celebrate an occasion where people of all walks and race have a chance and avenue to get together to greet each other in peace and harmony, to get acquainted or enhanced friendship in a true community and festive spirit .
In Malaysia, Open house has become an indirect unifying factor that holds every citizen together.It is here everybody puts his or her differences aside in the true Malaysian spirit to celebrate and rejoice together in that particular occasion in-holding.Often too, in such open house celebration, the people on the street get to openly meet in person their Prime Minister and other cabinet ministers. Likewise in the village level, every household will look forward to such open house.
My dear listeners, especially those who hear from the hearsay at the international front, we heard there was a showdown by a group of sour-grape Hindraf
supporters who were there not for the festive celebration but to protest their grimances in the name of democracy.Supposedly they were to hand to the Prime Minister a teddy bear and a card and to ask him to release their five counterparts who are presently detained under ISA.But their approach was very disruptive to the festive occasion there.
These Hindraf supporters came and undermined the peace in the hall.In spite of their disrespectful acts and behaviours,the police allowed them into the hall to celebrate the occasion together with the rest of the guests-because they are invited too like any other people on the street.But their presence and actions were indeed MIND-less in spite of Prime Minister`s big hearted invitation and welcome to them.
Many who were there would say, amongst these:- ` Don`t let trouble troubles you till troubles trouble you!`... `Open houses are no platform to voice ISA or any other issues or grimances.`...`We can`t liken Open House as like protesting in front of the White House.`...` This is not democracy. It is a mockery of a sincere Raya Open House invitation !`
My dear listerners, ISA (Internal Security Act) in Malaysia is all about public order and safety.It is not draconian.It is liken to the United Kingdom Terrorist Act. Historically, ISA was used against those involved in subversive activities such as communists insurgency, Konfrontasi threats or any violent insurrection. Between 1948-1960, it was known then as the Public Order Emergency Ordinance.It was only in 1 August 1960 that ISA Act (Akta Keselamatan Dalam Negara 1960) was passed by the Parlimen and extended to Sabah and Sarawak in 1963.
It had in the past successfully been used to curb the religious and racial riots as like in the May 13 1969, Operasi Lalang in 1987 , Kg. Rawa in 1998 and Kg Medan in 2001. It had also been used on religious deviants such as the Al-Arqam Group in 1994, Al-Maunah Group in 2000, Malaysia Mujahidin Group in 2001 , and on terrorist threats as in Jemaah Islam Group in 2001 and the Darul Islam Group in 2005.
In the present context, ISA is used as a preventive law to handle threats to public order and peace. ISA is not about taking actions after threats occur but taking preventive actions before something happens.It is still relevant in the present context of public order and peace as the form and degree of crime and threats have over time evolved to great complexicity.We can`t be complacent especially when mankind has soared to such high level of intelligience.
You may ask what is public order and peace that needs ISA ? Well firstly,it is about the actions and behaviours of someone that are established to pose a threat to national security and public order such as causing conflicts, riots and civil war or provoking hatred towards religious, racial and cultural issues.
Secondly, actions that can affect the national economy such as crippling the country`s economy and scaring away investors . Syndicated activities such as producing fake identity cards and passports are also threats to national security.
Thirdly, ISA can also be used against those who threaten or disrupt essential services such as Tenaga Nasional Berhad and Radio Television Malaysia Services.
ISA has always been known as a detention law without trial under the jurisdiction of the Home Minister. Under section 73(1) of the ISA Act, the police are empowered to take preventive action by detaining without warrant any party considered as a threat to national security and order. Under this Act, the police is allowed to detain someone for 24 hours, 2 days or a week within the maximum period of 60 days for further investigation. If within this period, there is no evidence to establish that there is a threat posed by the detainee, the police can release him.It is entirely up to the discretion of the police.The police do not need permission to detain or release detainees but the police will inform the Home Minister as the matter will eventually be of public interest.
This type of detention is not a criminal offence and the detainee is not accused under the Penal Code or the Sedition Act.Their detention areas are different for those detained under different acts.Those under remand are detained in a lock-up while ISA detainees have their own cells.ISA detainees also have the rights to apply habeas corpus to meet their families and seek legal representation.
Under section 8(1) of the ISA Act, the Minister can order a detention of 2 years if he is satisfied that it is necessary to prevent that person from acting in a manner prejudicial to the country`s security.This is to facilitate police in deeper and further investigations.
For the sake of national security , public peace and order, we still need such laws to protect our country especially in this modern time of terrorism and globalisation. Let us not politicalise such issues but be more rationale less our country fall prey to these `silent Terror..ism` that can cause unrest and further undue economic downturn.
Democracy or freedom in any form still exists in this country but it must be excercised with responsibilty and in adherence to the law. Don`t let trouble troubles you till troubles trouble you. Be mindful of the laws of the country that you are residing in.
`There are two kinds of lawyers,those who know the law and those who know the judge.`-Hitler
So when you are in Rome, do what the Romans do--adapt, adjust and accomodate !!!!!!!!!
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