Security Offences (Special Measures) Act 2012

The Security Offences (Special Measures) Act 2012, in its current form (4 June 2015), consists of 8 Parts containing 32 sections and 2 schedules (including 1 amendment).

• Part I: Preliminary
• Part II: Special Powers for Security Offences
• Part III: Special Procedures Relating to Electronic Monitoring Device
• Part IV: Special Procedures Relating to Sensitive Information
• Part V: Trial
• Part VI: Special Procedures Relating to Protected Witness
• Part VII: Evidence
• Part VIII: Miscellaneous
• Schedules

Three people, including former ISA detainees Yazid Sufaat, Halimah Hussein and Mohd Hilmi Hasim, were the first ever detained under SOSMA in 2013. They were arrested for alleged incitement of terrorist acts.{{cite news |newspaper=New Straits Times |url=http://www.nst.com.my/latest/detention-of-trio-under-security-offences-act-has-global-impact-1.215792 |title=Detention of trio under Security Offences Act has global impact |accessdate=11 February 2013}} Following the 2013 Lahad Datu standoff, 104 Filipinos with suspected links to Jamalul Kiram III, one of the claimants to the throne of the Sultanate of Sulu, were detained under SOSMA. These included several family members of Kiram who had entered the state of Sabah using false identities.{{cite news | url=http://www.thesundaily.my/news/638094| title=Kiram's family members among 104 detained under SOSMA | work=The Sun Daily | date=17 March 2013 | accessdate=19 March 2013 | author=Radzi Razak}}

In 2016, SOSMA was used to arrest 15 prominent civil rights activists, including Maria Chin Abdullah, after the Bersih 5 rally, leading to widespread condemnation from various parties, including Lawyers for Liberty director Eric Paulsen,{{cite web|url=http://www.freemalaysiatoday.com/category/nation/2016/11/19/maria-held-under-sosma-shocking-news-for-paulsen/|title=Maria held under Sosma: shocking news for Paulsen}} 80 civil society organisations,{{cite web|url=https://www.article19.org/resources.php/resource/38569/en/free-maria-chin,-abolish-sosma!|title=Free Maria Chin, Abolish SOSMA! · Article 19|publisher=|accessdate=1 December 2016}} the Malaysian Human Rights Commission and the US State Department. Several civil rights groups also said the use of SOSMA for an organiser of a peaceful rally was abuse of power and that the Malaysian government was trying to suppress dissent by using draconian laws.{{cite news|url=http://www.straitstimes.com/asia/se-asia/us-troubled-over-arrest-of-malaysian-activist-maria-chin-abdullah-under-security-law|title=US 'troubled' over arrest of Malaysian activist Maria Chin Abdullah under security law|last=hermesauto|newspaper=The Straits Times |date=24 November 2016|publisher=|accessdate=1 December 2016}} In 2016, 80 prominent civil rights group collectively called for the abolition of SOSMA, calling it a "draconian" law.{{cite web|url=http://www.themalaymailonline.com/what-you-think/article/free-maria-chin-abolish-sosma-gabungan-bertindak-malaysia|title=Free Maria Chin, abolish Sosma! — Gabungan Bertindak Malaysia|date=24 November 2016|publisher=|accessdate=1 December 2016}}

On 23 March 2022, Minister of Home Affairs Hamzah Zainudin tabled the motion in the Dewan Rakyat to carry on with the powers to detain suspects for up to 28 days without trial and to extend the enforcement of subsection 4(5) of SOSMA for another five years beginning from 31 July 2022. Hamzah said the preventive laws to detain suspects for such a long period is still necessary due to the seriousness of the crimes it intended to thwart.{{cite news |last1=Zainal |first1=Fatimah |title=Govt seeking five-year extension on enforcement of Sosma's 28-day detention period |url=https://www.thestar.com.my/news/nation/2022/03/23/govt-seeking-five-year-extension-on-enforcement-of-sosma039s-28-day-detention-period |access-date=5 September 2024 |work=The Star |date=23 March 2022 |archive-url=https://web.archive.org/web/20220323053712/https://www.thestar.com.my/news/nation/2022/03/23/govt-seeking-five-year-extension-on-enforcement-of-sosma039s-28-day-detention-period |archive-date=23 March 2022|url-access=subscription}} However, it suffered from a historic defeat after the Dewan Rakyat voted against it following a heated debate among MPs by a majority of only 2 votes with 86 votes against it and 84 for it while 50 other MPs being absent.{{cite news |last1=Carvalho |first1=Martin |last2=Tang |first2=Ashley |last3=Zainal |first3=Fatimah |title=Dewan Rakyat votes against five-year extension of 28-day detention under Sosma |url=https://www.thestar.com.my/news/nation/2022/03/23/dewan-rakyat-votes-against-five-year-extension-of-28-day-detention-under-sosma |access-date=5 September 2024 |work=The Star |date=23 March 2022 |archive-url=https://web.archive.org/web/20220323094823/https://www.thestar.com.my/news/nation/2022/03/23/dewan-rakyat-votes-against-five-year-extension-of-28-day-detention-under-sosma |archive-date=23 March 2022|url-access=subscription}}

Following the defeat of the government's motion, the Communications and Multimedia Minister Annuar Musa and UMNO secretary-general Ahmad Maslan accused the opposition Pakatan Harapan coalition of violating the memorandum of understanding signed on 13 September 2021 between the government and the opposition.{{cite news |title=Annuar Musa: Sosma motion bloc vote has nullified MOU between govt and Opposition |url=https://www.thestar.com.my/news/nation/2022/03/23/sosma-motion-bloc-vote-has-nullified-mou-between-govt-and-opposition-annuar |access-date=5 September 2024 |work=The Star |date=23 March 2022 |archive-url=https://web.archive.org/web/20220323143348/https://www.thestar.com.my/news/nation/2022/03/23/sosma-motion-bloc-vote-has-nullified-mou-between-govt-and-opposition-annuar |archive-date=23 March 2022|url-access=subscription}}{{cite news |last1=Kaos Jr |first1=Joseph |title=Government no longer bound by MOU with Opposition after bloc vote, says Ahmad Maslan |url=https://www.thestar.com.my/news/nation/2022/03/24/opposition039s-rejection-of-sosma-motion-not-in-breach-of-mou-says-anwar |access-date=9 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220324070505/https://www.thestar.com.my/news/nation/2022/03/24/government-no-longer-bound-by-mou-with-opposition-after-bloc-vote-says-ahmad-maslan |archive-date=24 March 2022|url-access=subscription}} The Democratic Action Party secretary-general Anthony Loke disagreed, saying that the opposition decision not to support the extension of SOSMA was not a violation of the memorandum of understanding between the government and Pakatan Harapan.{{cite news |title=It’s not a loss of faith in govt, says Fahmi |url=https://www.thestar.com.my/news/nation/2022/03/24/its-not-a-loss-of-faith-in-govt-says-fahmi |access-date=6 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220323234744/https://www.thestar.com.my/news/nation/2022/03/24/its-not-a-loss-of-faith-in-govt-says-fahmi |archive-date=23 March 2022|url-access=subscription}} UMNO deputy president Mohamad Hassan called for the MOU between the government and Pakatan Harapan to be re-evaluated following the motion's failure while UMNO President Ahmad Zahid Hamidi called for the MOU's cancellation.{{cite news |last1=Singh |first1=Sarban |title=Tok Mat: MOU between govt, Opposition must be re-evaluated after Sosma motion bloc vote |url=https://www.thestar.com.my/news/nation/2022/03/24/tok-mat-mou-between-govt-opposition-must-be-re-evaluated-after-sosma-motion-bloc-vote |access-date=6 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220326065147/https://www.thestar.com.my/news/nation/2022/03/24/tok-mat-mou-between-govt-opposition-must-be-re-evaluated-after-sosma-motion-bloc-vote |archive-date=26 March 2022|url-access=subscription}}{{cite news |last1=Sekaran |first1=R. |title=Zahid: Terminate MOU with Opposition now |url=https://www.thestar.com.my/news/nation/2022/03/24/zahid-terminate-mou-with-opposition-now |access-date=9 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220324074114/https://www.thestar.com.my/news/nation/2022/03/24/zahid-terminate-mou-with-opposition-now |archive-date=24 March 2022|url-access=subscription}} Despite the defeat of the SOSMA bill, Wan Junaidi Tuanku Jaafar, a Minister in the Prime Minister's Department, confirmed that the MOU between the government and Pakatan Harapan would not be terminated.{{cite news |last1=Carvalho |first1=Martin |last2=Zainal |first2=Fatimah |last3=Tang |first3=Ashley |title=MOU between govt and Pakatan will not be terminated despite Sosma Bill defeat, says Wan Junaidi |url=https://www.thestar.com.my/news/nation/2022/03/24/mou-between-govt-and-pakatan-will-not-be-terminated-despite-sosma-bill-defeat-says-wan-junaidi |access-date=9 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220324123653/https://www.thestar.com.my/news/nation/2022/03/24/mou-between-govt-and-pakatan-will-not-be-terminated-despite-sosma-bill-defeat-says-wan-junaidi |archive-date=24 March 2022|url-access=subscription}}

Inspector-General of Police Acryl Sani Abdullah Sani noted that Bukit Aman would use existing laws including the Criminal Procedure Code (CPC) for cases under SOSMA after 31 July 2022. These included cases that were considered offences under Chapter VI of the Penal Code (crimes against country), Chapter VIA of the Penal Code (terrorism offences), Chapter VIB of the Penal Code (organised crime offences), Chapter IIIA of the Anti-Human Trafficking and Anti Smuggling of Migrant Act 2007 and Special Measures Combatting terrorism overseas. Acryl Sani also confirmed that SOSMA would no longer include the powers to detain people for up to 28 days after 31 July 2022. It involves those detained in complex security cases including offences under Chapter VI of the Penal Code (crimes against country), Chapter VIA of the Penal Code (terrorism offences), Chapter VIB of the Penal Code (organised crime offences), Chapter IIIA of the Anti-Human Trafficking and Anti Smuggling of Migrant Act 2007 and Special Measures Combatting terrorism overseas".{{Cite news|last1=Zolkepi |first1=Farik |title = IGP: Bukit Aman will use existing laws for cases under Sosma|url=https://www.thestar.com.my/news/nation/2022/03/23/igp-bukit-aman-will-use-existing-laws-for-cases-under-sosma |access-date=5 September 2024 |work=The Star |date=23 March 2022 |archive-url=https://web.archive.org/web/20220323154925/https://www.thestar.com.my/news/nation/2022/03/23/igp-bukit-aman-will-use-existing-laws-for-cases-under-sosma| archive-date=23 March 2022|url-access=subscription}}

Nevertheless, political analysts, Opposition MPs and Minister in the Prime Minister's Department in charge of Parliament and Law Wan Junaidi have sought to minimise the defeat of the vote by arguing that it did not entail a loss of confidence in the government since the bill was not a supply bill or part of the federal budget. Oh Ei Sun, a senior fellow at the Singapore Institute of International Affairs, attributed the defeat to the negligence of duties of the government parliamentary whips.{{cite news |last1=Tan |first1=Tarrence |title=Govt can again table motion in Parliament after Sosma defeat, says lawyer |url=https://www.thestar.com.my/news/nation/2022/03/23/govt-can-again-table-motion-in-parliament-after-sosma-defeat-says-legal-expert |access-date=6 September 2024 |work=The Star |date=23 March 2022 |archive-url=https://web.archive.org/web/20220324074626/https://www.thestar.com.my/news/nation/2022/03/23/govt-can-again-table-motion-in-parliament-after-sosma-defeat-says-legal-expert |archive-date=24 March 2022|url-access=subscription}} Andrew Khoo, co-chair of the Malaysian Bar Council's Constitutional Law Committee, said the government may still retable the motion as well as it is not part of the MoU and whatever motions tabled must be firstly agreed by both sides before its tabling.{{cite news |title=Analysts: It has no implication on PM’s leadership |url=https://www.thestar.com.my/news/nation/2022/03/24/analysts-it-has-no-implication-on-pms-leadership |access-date=6 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220323234751/https://www.thestar.com.my/news/nation/2022/03/24/analysts-it-has-no-implication-on-pms-leadership |archive-date=23 March 2022|url-access=subscription}}

A vote recount saw Speaker of the Dewan Rakyat Azhar Azizan Harun amending the voting results to 85 votes for and 86 votes against but it was still unable to overturn the results as it was still defeated by 1 vote. This revelation came to light after Jempol MP Salim Shariff was said to have mistakenly marked Besut MP Idris Jusoh as absent when votes were being tallied on the motion.{{cite news |last1=Carvalho |first1=Martin |last2=Tang |first2=Ashley |last3=Zainal |first3=Fatimah |title=Sosma vote recount shows govt Bill defeated by a single vote, says Speaker |url=https://www.thestar.com.my/news/nation/2022/03/24/sosma-vote-recount-shows-govt-bill-defeated-by-a-single-vote-says-speaker |access-date=9 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220324091155/https://www.thestar.com.my/news/nation/2022/03/24/sosma-vote-recount-shows-govt-bill-defeated-by-a-single-vote-says-speaker |archive-date=24 March 2022|url-access=subscription}} Meanwhile, Lembah Pantai MP Fahmi Fadzil expressed dismay at the manually done mistakes and called upon Azhar to improve the voting process system. In response, Azhar assured MPs that the CCTVs were examined to determine if Idris was actually in the House before the changes were made. He also agreed that there should be improvements to the system and expressed support to implementing virtual or hybrid settings at Parliament.

After being blamed for the defeat, Fahmi criticised several government MPs for their absences during the SOSMA vote. In response Pekan MP Najib Razak said that he was in court during the vote.{{cite news |last1=Sekaran |first1=R. |title=I was in court, Najib says regarding absence during Sosma vote |url=https://www.thestar.com.my/news/nation/2022/03/24/i-was-in-court-najib-says-regarding-absence-during-sosma-vote |access-date=9 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220324091203/https://www.thestar.com.my/news/nation/2022/03/24/i-was-in-court-najib-says-regarding-absence-during-sosma-vote |archive-date=24 March 2022|url-access=subscription}} Meanwhile, Pontian MP Ahmad Maslan said that he had been told by several parliamentary officers that voting had not been scheduled for that day.{{cite news |last1=Carvahol |first1=Martin |last2=Tang |first2=Ashley |last3=Zainal |first3=Fatimah |title=I did not attend voting process, was told there would be no voting, says Ahmad Maslan on Sosma |url=https://www.thestar.com.my/news/nation/2022/03/24/i-did-not-attend-voting-process-was-told-there-would-be-no-voting-says-ahmad-maslan-on-sosma |access-date=9 September 2024 |work=The Star |date=24 March 2022 |archive-url=https://web.archive.org/web/20220324114811/https://www.thestar.com.my/news/nation/2022/03/24/i-did-not-attend-voting-process-was-told-there-would-be-no-voting-says-ahmad-maslan-on-sosma |archive-date=24 March 2022|url-access=subscription}}

On 25 March 2022, Hamzah confirmed that the re-tabling of the SOSMA motion could be delayed till 2023 due to Parliamentary standing orders.{{cite news |last1=Tan |first1=Tarrance |title=Retabling of Sosma motion could be delayed to next year due to Parliamentary Standing Orders, says lawyer |url=https://www.thestar.com.my/news/nation/2022/03/25/retabling-of-sosma-motion-could-be-delayed-to-next-year-due-to-parliamentary-standing-orders |access-date=9 September 2024 |work=The Star |date=25 March 2022 |archive-url=https://web.archive.org/web/20220325063406/https://www.thestar.com.my/news/nation/2022/03/25/retabling-of-sosma-motion-could-be-delayed-to-next-year-due-to-parliamentary-standing-orders |archive-date=25 March 2022|url-access=subscription}} Hamzah criticised government MPs for allegedly leaving Dewan Rakyat before the SOSMA vote out of personal dislike for him and accused Opposition MPs of "playing politics". Hamzah also claimed that the failure of the motion would encourage criminals and undermine national security.{{cite news |last1=Zolkepli |first1=Farik |last2=Camoens |first2=Austin |title=Hamzah: Backbenchers deliberately left before Sosma motions because 'they did not like my face' |url=https://www.thestar.com.my/news/nation/2022/03/25/hamzah-backbenchers-deliberately-left-before-sosma-motions-because-039they-did-not-like-my-face039 |access-date=9 September 2024 |work=The Star |date=25 March 2022 |archive-url=https://web.archive.org/web/20220325044550/https://www.thestar.com.my/news/nation/2022/03/25/hamzah-backbenchers-deliberately-left-before-sosma-motions-because-039they-did-not-like-my-face039 |archive-date=25 March 2022|url-access=subscription}} Following Hamazh's announcement about the delay in re-tabling the SOSMA motion, Co-chair of the Bar Council Constitutional Law Committee Andrew Khoo stated that "unless there is a substantive motion for rescission, it cannot be reconsidered." He said that the five-year period for detaining suspects up to 28 days would have lapsed by 2023. Khoo also reiterated the Bar Council's view that the 28-day detention period should be shortened by the Government.

{{Reflist}}

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• [https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/20120622_747_BI_Act%20747%20BI.pdf Security Offences (Special Measures) Act 2012] {{PD-notice}}

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