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发表于 6-12-2015 10:41 AM
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律师公会讲这是个阴险的法案。反正我就信了。 
http://www.malaysianbar.org.my/
The Malaysian Bar is alarmed by the proposed National Security Council Bill 2015 (“the Bill”) that was tabled in the Dewan Rakyat on 1 December 2015 by Minister in the Prime Minister’s Department Dato’ Seri Shahidan Kassim, and which is reportedly scheduled for its second reading today. The basis for this new law is unclear, and the manner in which it is being rushed through the Dewan Rakyat is inexcusable.
The Bill is an insidious piece of legislation that confers and concentrates vast executive powers in a newly created statutory body called the National Security Council (“NSC”).
The NSC consists of key members of the executive, namely the Prime Minister as Chairman and the Deputy Prime Minister as Deputy Chairman, as well as the Minister of Defence, Minister of Home Affairs, Minister of Communication and Multimedia, Chief Secretary to the Government, Chief of Defence Forces, and the Inspector General of Police (see Clause 6). It is noteworthy that the members of the NSC are all appointed by the Prime Minister and report directly to him. Accordingly, the NSC is not an independent body, and would essentially function at the dictates of the Prime Minister.
The NSC is to be “the Government’s central authority for considering matters concerning national security” (see Clause 3). The NSC’s scope of authority is broad and unchecked, as “national security” is not defined in the Bill. This provision is therefore open to abuse by the NSC, as the NSC would be able to treat almost any matter as one of national security for the purposes of the Bill.
The NSC will have the power to “control” and “issue directives” to “any ministry, department, office, agency, authority, commission, committee, board or council of the Federal Government, or of any of the State Governments, established under any written law or otherwise” on operations or matters concerning national security (see Clauses 2 and 5). Thus, a whole host of instrumentalities of the Federal Government or State Governments — which could include Bank Negara Malaysia, Securities Commission and the Malaysian Anti-Corruption Commission — would be made subservient to the NSC. The independence of these entities would be restrained and compromised. The authority of State Governments can be overridden.
Critically, the NSC is empowered to advise the Prime Minister to declare any area in Malaysia as a “security area” if the NSC is of the view that the security in that area is “seriously disturbed or threatened by any person, matter or thing which causes or is likely to cause serious harm to the people, or serious harm to the territories, economy, national key infrastructure of Malaysia or any other interest in Malaysia, and requires immediate national response” (see Clause 18(1)). The provision gives the NSC (and in effect the Prime Minister) extremely broad discretion to declare an area as a security area given the variety of circumstances, which may not be genuine national security concerns at all, such as peaceful public rallies or protests.
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