OCTOBER 7 — The United Kingdom and Eire Malaysian Law Students’ Union (KPUM) notes with disappointment and concern the Federal Court’s decision on October 6, 2015, in the case of Public Prosecutor v Azmi Sharom regarding the constitutionality of the Sedition Act 1948.

The Union reiterates its previous criticisms of the Act. “Sedition” and “seditious tendency” remain poorly-defined, unreasonably broad terms that may easily be construed to encompass a wide variety of actions. It is a creature of British colonialism used to target dissent, and one that Parliament has regrettably expanded towards abusive ends over the decades.

Such a relic of British imperialism has no place in modern society, much less in a country that was once subject to that same colonial oppression. It stands in stark contradiction to widely-accepted international standards of human rights and freedom of expression, such as the International Convention on Civil and Political Rights (ICCPR) — a treaty that Malaysia has regrettably neither signed nor ratified.

As such, the Union is dismayed that the learned judges of the Federal Court did not take the opportunity to uphold the freedom of speech, assembly and association provided for by Article 10 of the Federal Constitution against the grossly disproportionate derogations from those rights in the Sedition Act.

The Union reserves its full appraisal of the matter until the release of the Federal Court’s full written judgment. In brief, however, we are surprised that the Court does not consider the Act’s connection to exceptions outlined in Article 10(2)(a) too remote. The broad nature of “seditious tendency” and the current slate of sedition charges pending against various politicians, activists and members of civil society speak in fact to the Act’s remoteness as far as justifications of national security, public order or public morality are concerned.

By the same token, we are of the view that the Act also fails the proportionality test expounded in the case of Sivarasa Rasiah v Badan Peguam Malaysia & Anor (a test the Federal Court has upheld). The Union is of the opinion that the Court ought to sustain the approach of reading Constitutional freedoms generously, rather than narrowly as they appear to have done.

Furthermore, we continue to express our solidarity with the larger student body in Malaysia. Several students are facing charges under the Act and we believe it is an unacceptable targeting of student participation in the political process.

The Union once again calls on Parliament to abolish the Act, in line with Prime Minister Dato’ Sri Najib Razak’s 2012 pledge.

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Uniting Law Students, Empowering Future Lawyers, Furthering the Rule of Law.

* On behalf of the Union, Lee Su Wen, President 2015/16, Kesatuan Penuntut Undang-Undang Malaysia di UK & Eire (KPUM).

** (The United Kingdom & Eire Malaysian Law Students’ Union (KPUM) is a non-partisan union that represents the interests of Malaysian law students primarily in the UK, and for those enrolled in a UK degree program in Malaysia. It seeks to speak out on current issues that are of interest to law students, including those that involve human rights.)

*** This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail Online