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Daily Express
11-06-2025
- Politics
- Daily Express
Sabah pushes for fairer punishments: Proposed changes to criminal laws
Published on: Wednesday, June 11, 2025 Published on: Wed, Jun 11, 2025 By: Sherell Jeffrey Text Size: Those from the CLRC posing in a photo with Sabah stakeholders. Kota Kinabalu: Legal experts and civil society representatives in Sabah are pushing for fairer punishments and real action on proposed changes to Malaysia's criminal laws, as the country undertakes its biggest review of crime-related legislation in decades. These suggestions were expressed during a townhall session here, Monday, hosted by the Criminal Law Reform Committee (CLRC) as part of its nationwide consultation tour which kicked off in the peninsula on May 21. Advertisement Chaired by former Federal Court Judge Tan Sri Harmindar Singh Dhaliwal, the townhall here aimed to gather input from Sabah stakeholders on proposed reforms to three important pieces of legislation, namely the Penal Code (Act 574), Criminal Procedure Code (Act 593) and Evidence Act (Act 56). 'We have not finalised anything. For now, we are just seeking feedback from everyone,' Harmindar told the townhall session. 'From then on, the committee, the researchers and so on will look into all the proposals and see which ones we can implement immediately and those that we can implement maybe in the longer term,' he said, pointing out that the committee remains in the consultation phase. The consultation process includes townhall sessions across Peninsular Malaysia, Sabah and upcoming sessions in Sarawak, including online feedback forms. The public consultation period has been extended from May 31 to June 15 to accommodate wider participation. Among those present at the townhall session here were Sabah Law Society Immediate Past President Datuk Roger Chin who pointed out the importance of inclusive consultation in the law-making process. 'A lot of these laws, a lot of times if they do not consult stakeholders, they do not take into account their views, then the laws will be not good,' Roger told Daily Express when met after the session. 'This is the only way that we can advance law because law cannot be static. It must be amended all the time to suit the changing times,' he said. The reform initiative, spearheaded by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, reflects the Government's commitment to ensuring Malaysia's legal framework remains relevant and effective in addressing modern challenges. While Sabah stakeholders welcomed the consultation process, several expressed cautious optimism about whether their feedback would translate into actual legislative changes. 'I hope the feedbacks are actually incorporated. I think a lot of times, for whatever policy reasons or reasons unknown, even worse, laws are not changed when they should be,' Roger said, citing concerns about prison overcrowding due to inflexible sentencing for minor drug offenses. Social activist cum former journalist Dr Kanul Gindol shared this sentiment while expressing confidence in the committee's leadership. 'I hope the Government will really look into all these loopholes, grievances and comments from the stakeholders, especially from our learned lawyers who are very involved in carrying out fair involvement or solutions of any cases involving criminal laws,' he said. Justice for Sisters representative Megan Stephen pointed out the need for gender-neutral language in criminal laws. 'In all the provision or law, amendment should be done to make it a more gender-neutral language. For example, rape cases. The word 'woman' should be changed to 'person' because anyone can be raped, not just women,' said Megan. 'What I hope as well is to protect stateless and undocumented people, not just for Malaysians, but underprivileged people as well. 'I have a 50-50 confidence level due to concerns about double standards in the justice system where if you have more privilege, more money, then certain people that are underprivileged, they cannot be protected,' said Megan, expressing measured expectations about its implementation. Sabah Prisons' Board of Visiting Justices Chairperson Datuk Katherine Lee advocates for Community Service Orders (CSO) as alternatives to imprisonment for lesser crimes. 'I would like to see more CSO implemented, especially for the lesser crimes,' she said, expressing concern over the current system where mothers who steal milk or food for their baby are sentenced to three months jail or six months' jail. 'It does not make sense to me. Nobody's looking after the babies,' she said. She also expressed concerns about the Deferred Prosecution Agreement (DPA), saying that wealthy defendants should not be able to simply negotiate settlements for crimes. Instead, she proposed that offenders still be charged properly, but they can add on to the sentence to contribute to society as a contribution to help the needy. She would also like to see Restorative Justice (RJ) which focuses on repairing harm caused by crime involving the victims and offenders and even families in the resolution process. 'This approach addresses the harm caused by crime rather than solely focusing on punishment, potentially facilitating reconciliation between all parties involved. 'The implementation would require comprehensive training for stakeholders including police officers, social workers and judges, as well as legislative amendments to the Child Act 2001, Penal Code and Criminal Procedure Code to formally recognise and support RJ practices,' she said. For the record, this is Malaysia's first comprehensive attempt at criminal law reform through a dedicated committee structure. The CLRC, supported by an Ad Hoc Committee comprising experts in law, enforcement, technology and civil society, has been tasked with completing its review within 18 months in phases. The reform initiative reflects the Madani Government's commitment to ensuring Malaysia's criminal justice system becomes more responsive, fair and effective while maintaining the rule of law and protecting individual rights. The success of these reforms will largely depend on how effectively the Government incorporates the diverse voices and concerns raised during these consultation sessions into concrete legislative action. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. 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Borneo Post
10-06-2025
- Politics
- Borneo Post
Sabah Town Hall gathers input for criminal law reform
Tan Sri Datuk Harmindar Singh Dhaliwal KOTA KINABALU (Jan 10): The Criminal Law Reform Committee (CLRC), tasked with reviewing and proposing reforms to the Penal Code [Act 574], Criminal Procedure Code [Act 593], and Evidence Act 1950 [Act 56], successfully held a Town Hall session in Sabah on Monday to gather input from stakeholders in the state. This session follows a similar series held in Peninsular Malaysia on 21 May 2025. The Town Hall was chaired by Tan Sri Datuk Harmindar Singh Dhaliwal, former Federal Court judge and chairman of CLRC, alongside his deputy, Datuk Ravinthran N. Paramaguru, a Court of Appeal judge. Also in attendance was Datuk Zamri Misman, Director-General of the Legal Affairs Division, Prime Minister's Department. The Legal Affairs Division of the Prime Minister's Department said in a statement on Monday that the session aimed to collect suggestions and feedback from Sabah stakeholders regarding criminal law reforms, including the introduction of new offences, amendments to evidence law, burden of proof and sentencing, improvements to fair trial principles, and enhancements to pre-trial procedures — all aligned with the goal of strengthening overall criminal justice. This initiative was spearheaded by Dato' Sri Azalina Othman Said, Minister in the Prime Minister's Department (Law and Institutional Reform), as part of a comprehensive national consultation effort. The inclusive approach emphasizes broad participation from various segments of society, including vulnerable groups, professionals and civil society, to ensure fair, equitable and people-centric legal reforms. The overwhelming response during the Sabah Town Hall highlights the initiative's relevance to the public and reflects a collective commitment towards criminal justice reform. It aligns with the MADANI Government's efforts to ensure the nation's legal framework remains relevant, effective, and just in addressing technological advancements, socio-economic developments, emerging threats, and international best practices. To allow more public participation, the deadline for submitting feedback on proposed criminal law reforms has been extended from 31 May 2025 to 15 June 2025. The Legal Affairs Division, Prime Minister's Department extends its highest appreciation to all ministries, government agencies, civil society organizations, higher education institutions, the Malaysian Bar Council, Sabah Law Society, CLRC committee members, and researchers for their valuable contributions. The establishment of the CLRC is a special initiative to review and propose reforms to three key laws — the Penal Code [Act 574], Criminal Procedure Code [Act 593] and Evidence Act [Act 56] — within 18 months in a phased manner. So far, the Committee has held two meetings to discuss the direction of the study and planned reform phases. To strengthen the study's implementation, an Ad Hoc Committee comprising legal, enforcement, technology and civil society experts has also been formed to provide ongoing technical and strategic input. The Chair and members of both committees were appointed by Azalina, reflecting the MADANI Government's commitment to comprehensive legal reforms. This effort aims to ensure the country's criminal justice system becomes more responsive, fair and effective while upholding the rule of law and protecting individual rights.
The Star
06-06-2025
- Business
- The Star
Ilham Tower seized again by MACC
PETALING JAYA: The iconic Ilham Tower (pic) has been seized again by the Malaysian Anti-Corruption Commission (MACC) – this time under a different Act. The anti-graft body did so after receiving legal authorisation for the seizure from the deputy public prosecutor's office. The tower, owned by the family of the late former finance minister Tun Daim Zainuddin, whose widow Toh Puan Na'imah Abdul Khalid is facing charges in court, had been seized in 2023 but the order expired recently. With the new order, all dealings related to the 274m-tall tower's transfer of ownership will be prohibited. The MACC said it had ordered the immediate seizure of the 60-storey skyscraper under Section 51(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001. 'Through a notice of seizure of immovable property under the section on June 4, the authorisation for seizure was granted pursuant to the powers conferred upon the Public Prosecutor under Section 376(3) of the Criminal Procedure Code (Act 593). 'This means the deputy public prosecutor is satisfied with the information provided by the MACC related to an offence under subsection 4(1) of the AMLATFPUAA 2001 for this case,' it said in a statement yesterday. The tower was originally seized by the MACC in December 2023 due to an offence under the MACC Act 2009. That seizure order expired after 18 months. The seizure is believed to be part of an anti-money laundering probe that started in late May this year over a RM2.3bil (US$500mil) corporate transaction in November 1997 involving public-listed Renong Bhd and United Engineers Malaysia Bhd (UEM), both Umno-linked entities. Meanwhile, lawyers for Na'imah has issued a statement, labelling the seizure as 'pure harassment'. 'The same building has already been seized by the MACC and yet, is now being seized again. 'In short, they want to keep seizing our client's property even though there is no evidence of corruption. 'We will, on behalf of our client, challenge the seizure of Ilham Tower in court immediately,' said lawyers Rajesh Nagarajan and Sachpreetraj Singh Sohanpal. On May 22, MACC chief commissioner Tan Sri Azam Baki said eight investigation papers had been opened into the assets owned by Daim, his family and proxies, which had not been declared to the MACC during the initial 2023 investigation. On Wednesday, the High Court allowed an application by the MACC to freeze £132mil worth of assets in London that were also allegedly linked to Na'imah and her family.
The Star
05-06-2025
- Business
- The Star
MACC seizes Ilham Tower again
Photo: AZMAN GHANI/The Star PETALING JAYA: The Deputy Public Prosecutor's office has given the Malaysian Anti-Corruption Commission (MACC) the full legal authorisation to seize Ilham Tower again. MACC said it had since ordered the immediate seizure of the 60-storey skyscraper through its investigating officer after authorisation was given. It said that the seizure will be done under Section 51(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001. 'Through a notice of seizure of immovable property under the section on June 4, the authorisation for seizure was granted pursuant to the powers conferred upon the Public Prosecutor under Section 376(3) of the Criminal Procedure Code (Act 593). 'This means the Deputy Public Prosecutor is satisfied with the information provided by the MACC related to an offence under Section 4(1) of the AMLATFPUAA 2001 for this case,' it said in a statement on Thursday (June 5). It added that all dealings related to the 274m-tall tower's transfer of ownership would be prohibited with immediate effect. This seizure comes after the tower, owned by the family of former finance minister the late Tun Daim Zainuddin, was originally seized by MACC in December 2023 due to an offence under the MACC Act 2009. This was believed to be part of an anti-money laundering probe that started in late May involving a corporate transaction valued at RM2.3bil (US$500mil) in November 1997 involving public-listed Renong Bhd and United Engineers Malaysia Bhd (UEM), which were both linked with Umno. On May 22, MACC chief commissioner Tan Sri Azam Baki said that eight investigation papers had been opened into the assets owned by Daim, his family and proxies, which had not been declared to the MACC during its initial 2023 investigation, due to having received new information from external agencies. Then on Wednesday (June 4), the High Court allowed an application by MACC to freeze assets worth £132mil in London that were allegedly linked to Toh Puan Na'imah Abdul Khalid, wife of the late Tun Daim Zainuddin, and her family.
The Star
04-06-2025
- Business
- The Star
Energy Commission disposes of seized goods worth over RM1.7mil
PUTRAJAYA: The Energy Commission has disposed of 2,933 seized items valued at over RM1.7mil following investigations into various offences related to electrical safety and usage. According to the commission, the disposal carried out on Tuesday (June 3) involved seizures from cases in Perlis, Kedah and Penang that led to 21 investigation papers resolved through court rulings and compounds. Of the total, 16 involved electrical accidents, four were electricity theft cases, and one was for the use of illegal electrical equipment. "The disposal process was conducted at a licensed metal disposal centre in Balakong, Selangor, and was witnessed by our Enforcement and Regional Operations director Ismail Zaili Yusop, and Investigation Unit deputy director Nik Mohd Bakhry Abu Bakar,' it said in a statement on Wednesday (June 4). It added that the disposal process was carried out according to instructions from the prosecution under Sections 406A and 413 of the Criminal Procedure Code (Act 593). The commission also stressed that the disposal was conducted in an environmentally responsible manner through the appointment of a company licensed by the Environment Department (DOE) to handle e-waste management. This process complies with the Environmental Quality Act 1974 and the Environmental Quality (Scheduled Waste) Regulations 2005, it added. "The management of seized goods also involves the separation of scheduled waste, recyclable materials and regular waste. Suitable items are sent to legitimate buyers and appropriate recovery facilities according to the waste categories,' it said. The commission said this integrated approach reflects its ongoing commitment to law enforcement while supporting environmental conservation. – Bernama
