Home Ministry to retable motion to extend Subsection 4(5) of SOSMA

KUALA LUMPUR,. The Dewan Rakyat today approved a motion to quash the House’s previous decision on March 23 which rejected the extension of the enforcement of Subsection 4 (5) of the Security Offences (Special Measures) Act 2012 or SOSMA.

The motion tabled in accordance with the House of Representative’s Standing Order 36 (3) was approved after a vote which saw 105 Members of Parliament agree while 83 disagreed and 32 were not present.

Following the decision, the Home Ministry (KDN) will re-submit the motion to extend the enforcement of Subsection 4 (5) of the Act which allows the 28-day detention period to be maintained for another five years beginning July 31, during this Parliament session.

Home Minister Datuk Seri Hamzah Zainudin when winding up the debate on the motion said the revocation of the decision on the previous motion would allow him to table a new motion to enable Subsection 4 (5) of SOSMA to continue being enforced.

In tabling the motion, he said criminal offences under the First Schedule of SOSMA were very serious and complex which could threaten public safety and order, and they required a long investigation period.

“For example, on May 24, 2022, the Royal Malaysian Police (PDRM) made arrests under SOSMA against 14 individuals involved in a syndicate carrying out illegal drug trafficking and firearms smuggling activities to neighboring countries.

“… while there were several arrests in mid-July, including 17 people in the case of migrant smuggling, if this motion is not extended, it will cause the PDRM’s efforts in terms of its investigations to stagnate, and the suspects will be let loose,” he said.

Hamzah said if the 28-day detention period was not extended, the Home Ministry was worried that efforts to tackle organised crime groups and terrorist threats would be affected.

“I believe if these suspects are released, these suspects can disrupt the chain of evidence and as a result, these serious crimes will become more widespread,” he said.The motion to extend the enforcement of Subsection 4 (5) of SOSMA was not approved when tabled at the First Meeting of the Fifth Session of the 14th Parliament earlier this year after a vote which saw 85 Members of Parliament agree while 86 disagreed.

Earlier, Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun said according to Standing Order 36 (3), matters that had been decided in one session could not be reconsidered by the House within the same session, and would have to wait till the next one.

“But if we want to reconsider the matter for which the resolution has been made, the resolution must be revoked first, only then can the motion can be re-tabled within the same session,” he said.

Meeting Rule 36 (3) states: It shall be out of order to attempt to reconsider any specific question upon which the House has come to a conclusion during the current session except upon a substantive motion for rescission.
The Parliament sitting continues tomorrow.


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