Abdul Aziz got it wrong about Sedition Act, says Lawyers for Liberty advisor

KUALA LUMPUR (Jan 21): Tan Sri Abdul Aziz Abdul Rahman’s call to retain the Sedition Act 1948 has resulted in a strong reaction.

Lawyers for Liberty advisor N Surendran has attacked any such suggestion to keep the act as "outrageous", reported Malaysiakini.

 “The Sedition Act is the most important act. It is effective in protecting the country’s security. Amendment to the Sedition Act 1970 is made under Article 10(4) of the Federal Constitution.

“As such, it cannot be repealed, amended except with the consent of the Rulers’ Council and the support of two thirds majority in Parliament,” Abdul Aziz was reported saying earlier.

Surendran explained what Abdul Aziz said “was impossible” since the Sedition Act was enacted during British colonial administration before the Federal Constitution was even created.

"The constitution only came into existence nine years later in 1957. It is simply astonishing that Abdul Aziz overlooked this simple fact in his zeal to uphold the oppressive Sedition Act.

"Further, if the Sedition Act was really enacted under a specific provision of the constitution such as Article 10(4), this would be reflected in the preamble to the Act.

"However, nowhere in the Sedition Act does it state that it is a law made under Article 10(4)," Surendran said in a statement, reported the news portal.

He also said Article 63(4) of the Federal Constitution categorises the Sedition Act as separate from laws passed under Article 10(4).

"The Sedition Act 1948 is thus, an ordinary legislation which can be repealed by a simple majority in Parliament, and without the consent of the Conference of Rulers.

"Abdul Aziz's claim that the Sedition Act is an 'extraordinary' piece of legislation does not have either a legal or historical basis. In fact, the Sedition Act is little more than a British penal ordinance carried over into independent Malaysia.

"Far from being an 'extraordinary' law, it is actually an inferior colonial law that was never passed by our Parliament.

“Secondly, it is the height of absurdity for Abdul Aziz to claim that calling for the repeal of the Sedition Act is itself a seditious act.

“Abdul Aziz’s argument that by virtue of s 3(1)(f) of the Sedition Act, it would be seditious to move to abolish the law is misguided and laughable,” Surendran said in his statement.

“Section 3(1)(f) only states that it is seditious to ‘question matters’ on citizenship, the national language, special position of Malays or Rulers sovereignty. To abolish or call for the abolition of the Sedition Act does not in any way ‘question’ the above-stated matters, and hence cannot be seditious.”

Last Monday, Home Minister Tan Sri Muhyiddin Yassin was reported as saying the Sedition Act was among six acts being studied to be amended or abolished, reported Bernama.

The use of the Sedition Act was temporarily suspended in October last year but it was reactivated in December.

The act was used for the first time in 1948 by the British to control actions and speech which could raise opposition among local residents against the colonial masters.  

Following the May 13, 1969 riots, the National Operations Council (NOC) was set up as an emergency government after amending Sedition Act 1948 and the Federal Constitution by adding Clause 4 to Article 10. 

Article 10 (4) restricts the freedom of expression by the people on four subjects considered sensitive namely the national language, special rights of Bumiputras, Section III and the sovereignty and powers of the Malay Rulers.  

Abdul Aziz is a former legal officer of NOC and is the only one still alive involved in drafting the Sedition Act 1970.