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With the recent arrest of Khairuddin Abu Hassan under Security Offences (Special Measures) Act 2012 (SOSMA) many have stated that this heralds the return of ISA. However, we need to look at what SOSMA really is. How does it work? What are the implications of SOSMA?
In fact SOSMA is solely a piece of legislation that deals with security offences, as outlined in the Penal Code. Interesting no?
Section 3 of SOSMA states that ?security offences means? the offences specified in the First Schedule. The First Schedule of SOSMA lists security offences as offences under Chapters VI (offences against the state) and VIA (offences relating to terrorism) of our Penal Code.
So there you go, you do not commit an offence under SOSMA.
When invoked, SOSMA provides for matters relating to arrest, detention, protection of informers, matters pertaining to the law of evidence, special procedures relating to sensitive information & protected witnesses amongst others.
Here are just a few sections from Chapters VI and VIA of the Penal Code:
- Section 124B ? Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years.
- Section 124L ? Whoever, by any means, directly or indirectly, commits sabotage shall be punished with imprisonment for life.
- Section 130E ? Whoever knowingly recruits, or agrees to recruit, another person to be a member of a terrorist group or to participate in the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
- Section 130KA ? Whoever is a member of a terrorist group shall be punished with imprisonment which may extend to imprisonment for life and shall also be liable to a fine.
So this clears up the air for now. In the next article we will look into the detention of a person under SOSMA.