The Book of Prof Shad.docx

Cause intended to intimidate the pubic intended to

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cause; Intended to intimidate the pubic Intended to compel the government to do or refrain from doing something Involves serious violence Involves serious risk to health or safety 107
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Involves serious damage to property Involves use of firearms, explosives etc Involves releasing of dangerous, hazardous, toxic or biological toxins Designed to disrupt computer, communication, banking, utilities, transportation systems; Prejudice to national security or public safety. Under the Penal Code (sections 130C-130M) it is an offence to commit terrorist acts, provide devices to terrorist groups; recruit persons for terrorism; provide training for terrorism; soliciting property for terrorist purposes; provide facilities; direct activities; solicit or give support to terrorist groups; harbor terrorists; criminal conspiracy; and omitting to give information about terrorist acts. Under sections130N to 130 T the police have the power to suppress the financing of terrorist acts. OTHER ACTS OF PARLIAMENT Terrorism can also be prosecuted under the Aviation Offences Act 1984 (Act 307); Anti-Money Laundering and Anti-Terrorism Financing Act 2001 [Act 613] and the Special Measures Against Terrorism in Foreign Countries Act 2015. It appears that SOSMA is unpopular with the police. The police would rather use other laws. 108
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12. REMEDY OF HABEAS CORPUS Rights without remedies are like lights that do not shine and fires that do not glow. The safeguards for personal liberty in Article 5(1) are strengthened by the provision for a remedy in Article 5(2). The Constitution requires that “where a complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.” Though Article 5(2) makes no reference to the remedy of habeas corpus , all lawyers have understood the provision to refer to the celebrated common law writ (or order) of habeas corpus which was developed in England in the seventeenth century. Legal basis The legal basis for habeas corpus in Malaysia is Article 5(1) and Article 5(2) of the Constitution. In addition, there are statutory provisions in section 25(2), Courts of Judicature Act 1964 (along with clause I of the Schedule) and sections 23, 28, 117 and 365 of the Criminal Procedure Code (CPC). Section 365 of the CPC states that: “The High Court may whenever it thinks fit direct - (1) that any person who (a) is detained in any prison within the limits of Malaysia on a warrant of extradition whether under the Extradition Act 1992 (Act 479); or (b) is alleged to be illegally or improperly detained in public or private custody within the limits of Malaysia, be set at liberty; (2) that any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law”.
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