TABLE OF CONTENTS

BilTopicNo. Of Page

1A. Introduction2-3

2B. Function4-5

3C. Why was ISA introduced?6

4D. Discussions7-23

5E. Current Issues24-26

6F. References27

A. Introduction What is ISA ?Internal Security Act (ISA) in 1960 actually designed by RH Hickling initially. Then it became law in 1960. When the act was first used, it permits review, but since then, the ISA has been amended more than 20 times and this provision has been removed. Absolute power given to the Minister of Home Affairs allowed him to arrest anybody, without reference to the courts. During the emergency period of the year 1948-1960, the ISA has been named Ordinance (Regulation) Ordinance 1948, which many enforce preventive measures against hordes and evil elements, including communists, whether the crimes that threaten national security. Statement section of the relevant laws such as the ISA is below: Section 73 (1) of the Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiriescdrc-any person in Respect of Whom he has reason to believe that there are grounds Which would justify his detention under section 8; and That he has acted or is about to act or is Likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof. "Sect 8 Power to order detention or restriction of persons. "(i) If the Minister is satisfied That the detention of any person Photo identification and credit with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) Directing That That person be detained for any period not exceeding two years. "Homeland Security Act of 1960 (generally known as the ISA, which is the name of the English acronym, the Internal Security Act) is a preventive detention law in force in Malaysia. Anyone can be arrested by the police for 60 consecutive days without trial for anticipated actions threaten the security of the country or any part thereof. After 60 days, the detained person may be detained for another two years if approved by the Minister of Internal Affairs, and thus enabling further detention without trial. In 1989, the ability of the court to investigate the power of the Minister under this provision was eliminated with a few amendments to this Act. At present, the court may review only technical matters only in respect of any detention under the ISA. Since 1960, when this Act came into force, thousands of people including trade unionists, student leaders, labor rights activists, political activists, religious groups, academics and NGO activists have been detained under the ISA. Many political activists in the past has been detained for more than a decade. ISA used consistently against those who criticized the government and defend human rights. Known as the "white terror" (white terror), it is feared and hated, despite being a simple tool for countries to eradicate any opposition and open debate. The Act is a very effective preventive mechanism and is still maintained by the ruling government to control public life and civil society.In ISA, the offender may be detained by the police for 60 consecutive days without trial on suspicion of threatening national security reasons or any part thereof. After 60 days, the detained person may be detained for a further period of 2 years if approved by the Minister of Internal Security and allowing detention without trial continued to be made. Then, in 1989, the ability of the court to investigate the power of the Minister under this provision was eliminated with a few amendments to this act. At present, the court may only review the ISA is to some technical matters only. In Malaysia, the ISA has been consistently used against those who threaten the security of the country as in the case of Al-Maunah and to those who play the unity in danger as HINDRAF issues. ISA was feared and hated, but it is One act that must be maintained by the government to control the lives of common people of all races in this country.

B. Function of Internal Security Act 1960

The original function of the Internal Security Act (ISA) when it was firstly introduced by the late Prime Minister Tun Abdul Razak in Parliament on 21st June 1960, it was to counteract the threat that was the terrorist at the moment. The two main aims of ISA at that time was to counter subversion throughout the country and to enable the measures necessary to counter the terrorist on the border area. However, despite after the threat of the terrorist in the 1989, ISA remains in force. The introduction of ISA can only inspect the provisions of the legislations only when there is a present and immediate danger from someone both inside and outside Malaysia thats trying to overthrow the current lawful government of Malaysia through unlawful means, which involving violence and instilling fear towards the citizens of the country. So, ISA should not and cant be used to dealt ordinary circumstances as such things can be dealt through ordinary legislation means.Under this act, the Minister of Home Affairs may detain someone in the period of less than two years and it can be renewed for another two years detainment indefinitely on the suspicion of the same detainee is up to no good again and in order to protect the interest of the public and safety. At the same time, under this act, therell be no grounds or evidence need to be given by the Minister for the arrest as its an executive detention order and not a detention in accordance to a judicial decision.The arrest of the detain through ISA is required to meet these requirements under Article 149 of the Constitution which states; (1) If an Act of Parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation (a) To cause, or to cause a substantial number of citizens to fear, organised violence against persons or property; or (b) To excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or(c) To promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or(d) To procure the alteration, otherwise than by lawful means, of anything by law established; or(e) Which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or(f) Which is prejudicial to public order in, or the security of, the Federation or any part thereof, any provision of that law designed to stop or prevent that action is valid notwithstanding that it is, inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both Houses of Parliament annulling such as but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.

C. Why was it introduced?The British was the first to carry out a preventive detention to then Malaya in 1948 to combat the armed insurgency of the Malayan Communist Party. The threat created by the Communist had brought up to the proclamation of a state of emergency. The government had agreed to passed the Internal Security Act under article 149 of the Malaysian Constitution. The precursor to the ISA was the Emergency Ordinance 1948 -1960 promulgated by the British Colonial Regime to counter the then Communist Insurgency. The ISA came into force on 1st. August 1960This act permit the detention, at the discretion of the Home Minister, without charge or trial, of anyone suspected to have acted in any manner prejudicial to the maintenance of essential services, economic life and most importantly, security of Malaya (now Malaysia) or part thereof.The rationale for the introduction of the ISA was explained by then Deputy Prime Minister, the late Tun Abdul Razak during the Parliamentary debates of 21 and 22 June 1960. ISA initial aims were to counter subversion throughout the country and, secondly, to enable the necessary measures to be taken on the border area to counter terrorism. This was during the Communist terrorist threat era. The Government of Malaya legislated the ISA as a continuation of the Emergency Ordinance 1948 to specifically deal with the threat of the Communist Insurgency. When the ISA was introduced in 1960, solemn promises were made in Parliament by then prime minister Tun Abdul Razak and his deputy Tun Dr Ismail Abdul Rahman that the law will be used judiciously and only against communists, terrorists and subversives. The Communist Insurgency officially ended in 1989 with the signing of the Haadyai Peace AccordA substantial body of persons both inside and outside of Malaysia whom seeks to overthrow the lawful Government of Malaysia through unlawful means, which include instilling fear amongst a substantial number of citizens because they resort to organised violence against persons and property will contemplate the preamble of the ISA. This mean ISA is not valid to be used in cases where the commision of any offence that may be dealt with under ordinary criminal law using ordinary criminal procedures.

D. Discussion of the Internal SecurityThere are several key points in Internal Security within the ninth schedule of the Federal constitution of Malaysia. The fourth listed issue refers to the internal security of Malaysia, and further expanded in Internal Security Act of 1960 (ISA 1960) to clarify to the public of the power and the guideline of the act and its action towards civil population. These are few key points that should be discussed, which include:1. PoliceUnder the power stated in Act 82 of Internal Security Act of 1960, police have the power to arrest, search, dispense with inquests, and inquire information regarding the safety of the nation and the communal environment. As stated in the act, police may without warrant arrest any person suspected of an offence in the name of the Federal constitution of Malaysia. The power of arrest is conferred upon a police officer, and may be exercised by any member of the security forces, or under the duty of protecting the masses, places and person generally authorized in the behalf of the Chief Police Officer.The power to arrest a person without warrant or under the impression of that said person has or havent commit a crime or sort is within the boundary of duty of the police office, but it must have resides and obeyed the principal of human rights, as no one shall be contained within 48 hours without evident of said crime. However, under the ISA, said person could be imprisoned indefinitely (2 years and counting) if found under suspicion of bringing harm to the common populace or more.The exercised power of search is that when on duty any police officer of any member of the security forces may without warrant or with or without assistance stop and search any vehicle, vessel, train, aircraft, or individual whether in a public places or not, if under suspicion of any article or material being evidence of the commission of an offence is likely found in said vehicle, vessel, train, aircraft, or individual and may conduct seizure of said material. The power of search also stated that may conduct enter and search of premises without warrant, or with or without assistance if suspected to harbour any material or evidence of any offence regard to the federal constitution and may seize any article or material so found.Under the ISA, the police possess the power to dispense with inquest, notwithstanding anything to the contrary in any written law, in any security areas, such as any holding of a death inquiry of inquest on the dead body of any police officer or any member of the security forces by a Magistrate or Coroner, and they are responsible for holding a death inquiry or inquest upon the body of any person is satisfied that the person has been killed in a security area as a result of operation done by the police or by the security forces in purpose of supressing organized violence. According to the act, any fallen member within the line of duty must be withhold in information regarding of their death until permission is granted by the Magistrate or the Coroner.

2. Criminal investigationUnder the act, it is stated that any police member of not below the rank of Inspector or any person authorized by the Minister in writing in that behalf may without warrant enter any premises upon which any entertainment or exhibition is being held or is intended to be held with a view to ascertaining information, and make such investigation and inspection of the premises and call upon any person to produce such article, books, accounts, tickets or other documents or things and to furnish any information that the office deemed necessary for the purpose of search, seizure, and closure of said investigation.Under criminal investigation, any offence done by the breach of the constitution of Malaysia under its law and order shall be deemed to be conducted by a member of the police officer not below the rank of Inspector. The investigation must go along with the goal to protect the civilian populace against the offence, by using the written power of the constitution to bring upon the criminal by inquire information, throughout searching and seizure of any article or material deemed evidence to bring the said criminal to face judgement by the Court of Malaysia. 3. Registration of criminalsThe Registration of Criminals and Undesirable Persons Act 1969 [Act 7], relating to the taking of finger impressions and photographs of persons under arrest and accused of any crime shall apply to person arrested and detained under this Act as if they were person accused of any crime within the meaning of that act. The Registration of Criminals and Undesirable Person Act 1969 shall apply to persons convicted of an offence were a crime included in the First Schedule of that Act; Penal Code (section 435 and 436) and Corrosive and Explosive Substance and Offensive Weapon Act 1958 (Section 3, 4 and 5)The Registration of Criminals and Undesirable Person Act 1969 detailed the protocol of an arrest, and the registration of said criminal by method of acquiring fingerprints for documentation and proof of conviction of the said criminal to his act against the constitution of Malaysia.

4. Public orderPublic Order, along with the Public Order (Preservation) Act 1958 detailed the conditional state of clearance to justify the meaning of public order, and the content of the act may refers to the communal civilian populace, and the power comprise within the act to behave in such relation to the constitution of Malaysia.Under the Public Order (Preservation) Act, if in any area in Malaysia is seriously disturbed or is seriously threatened, in the name of maintaining and restoring public order in the area to do so, the Minister must proclaimed the area to existence of the state of danger to the public order. The proclamation thus, must apply to the area specified and shall remain under force until revoked by the Minister or ceased to be effective, made without prejudice to anything previously done by virtue therof, and shall be published in such matter to bringing notice to all person who in his Minister opinion ought to have notice and shall have effect as soon as the notice been given. Under the power of maintaining the public order, several activities must be conducted in such aims to preserve the public, as well as to contain said threat into its area of proclamation. Such activities is as closing the roads, prohibition of dispersal of assemblies, enacting barriers, arranging curfews, exclusion of person into specific area or places to regulate movement of civil as well as armed forces, discontinuance of telephone services, seizure of certain articles that may act as propagandas, the power of requisition of any movable or immovable property to be relocated to another place in accordance to the situation, compensation, control of person, appeal, power of search, disposal of property, arrest and detain, the usage of lethal weapon in effecting arrests, control of arms, exercised of powers of members of armed forces, registration of persons arrested or detained, and promulgation and cancellation of orders.Under the Public Order (Preservation) 1958, it is an offence to use offensive to own, consort, carry, and use weapons, explosive, corrosive or inflammable substances, either with someone or within the proclaimed area. Offence under this clause will face liable to imprisonment for a term of six month or to a fine of five hundred ringgit or both, or twice the longest term provided for those offence if the offence is carried out in any place in Malaysia abets the commission in a proclaimed area of any of the offence for the time being specified in the Third Schedule (Penal Code under section 143, 144, 145, 147, 148, 151, 152, 154, 157, 158, 160, 379, 380, 281 and 382, and the Minor Offences Ordinance of Section 33). Also for any person who provoke a breach of peace shall be imprison for a term no exceeding three years.

Discuss each part or important sections.In Ninth Schedule to the Federal Constitution has many subjects which is Federal and state goverments can legislate. One of the subject is Internal Security that use in Malaysia known as Internal Security Act 1960. These are the important key word that use in that should discuss below.1)PrisonsThe detention of a person under section 73 under section 73 of ISA is directed by Lockup Rules 1953. This is by virtue of the application of rule 94 of the application of rule 94 of the Internal Security (Detained Persons) Rules 1960. Where the detention place of detained person is lock up elected under section 8 of Prisons Ordinance, 1952, these rules shall not apply to such detained person or to such lock up but the Lockup Rules, 1953, shall apply to such detained person in such lockup. Based on the experience of the past detainees, the prison of the ISA detainees are held at Kamunting Detention Centre,Perak. According to the Human Rights Watch (HRW) report, the detainees are housed in dormitory style blocks, surrounded by grassy area. Detainees charged with similar oofences are kept together. The dorms had wooden beds with pillows annd inch thick mattress for each detainee. No window and no lamp. The door of dorms were locked outside. Detainees had resstricted acces to facilities like newspaper and books. They are allowed to meet family once a week in about half hour,with only two persons at a time. Visitors could only interact with the detainees from behind a wire mesh barrier and could only bring fruit and books.2)ReformatoriesDetention under Section 8 of ISA, measures which may be taken to imply that re-education or rehabilitation is in any way appropriate for persons not convicted of any criminal offence should not be implemented. for drug rehabilitation (to prevent illness or death, or the risks of others becoming addicted, and to enforce rehabilitation); or for reasons of mental illness (to prevent violence to the detainee or others, and for easier care and control). It also does not refer to detention pending trial. Testimony provided to SUHAKAM by KEMTA leave an impression that orientation programme is to rehabilitate individuals who are detained under section 8 of the ISA. Although it is unclear whether rehabilitation in fact the intended aim of the orientation period3)Remands homesRemands homes is house that gazetted for juvenile offenders ordinance that provides remand service for child and young person pending court appearance and police investigation, temporary custody and care of children and young people who have not completed the disposal of the court and detention of children and young people who are tied to places of detention. Structured programs are available throughout the period of detention.While waiting the court,assesment on children and young persons are also conducted to investigating officers to formulate welfare plan and the magistrates to decide on appropriate court disposal. The purpose and objectives of Remand Home are: to provide temporary custody in a srable,safe,fair and warm communal living envirnment. To provide social work programmes and structured routines to address the problems leading to placement. Other than that is To encourage the development of potentials, sense of responsibility, self-esteem, self-care and social relationship for children and young persons in remand. To assist the children and young persons to develop better links with resources in the community.

4)Places of detentionISA in section 8(3) provides that person detained pursuant to order of detention made under section 8 of the ISA is detained in place of detention as direct by the Minister. Person detained under section 8 ISA held at KEMTA. This provision is in line with international human rights principles because the law provides the place of detention of person detained under a section 8 of ISA must be a designated one. Pursuant Internal Security (Amendment) Act 1988 as a result of amendments made to ISA, section 8A of the ISA allows detention of person in place detention other than one designated under section 8(3). As a result of amendments made ISA pursuant to Internal security (Amendments) Act 1989,section 8B(2) of ISA excludes judicial review of any procedural defects relating to grounds described in section 8A. the aims of the amending Act include the following:18

(a)to validate any detention order which had been made pursuant to section 8(1) of the ISA [including those made during the period between the date of the commencement of the ISA and the commencement of the Internal Security (Amendment) Act 1988], notwithstanding that a person was detained in a place of detention other than the one designated under section 8(3) of the ISA; and

(b)to prohibit any legal action which relates to the detentions which are validated in accordance with the provisions of the Internal Security (Amendment) Act 1988.

5)Probation of offendersTwo main provisions of the ISA that do contravene human right principles. They are sections 8 and 73. They confer upon the Minister and the Police, respectively, the power to detain a person without trial. The power to detain a person without trial goes against human rights principles in that the person detained is denied the right to personal liberty, the right to a fair trial and theright to be presumed innocent until proved guilty. These rights are enshrined in articles 3, 10 and 11(1) of the Universal Declaration of Human Rights (UDHR).6)Juvenile offendersFor juvenile in Article 10 they said that accused juvenile persons shall be separated from adults and brought as speedly as possible for adjudication. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. In article 12 in the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concernmatrimonial disputes or the guardianship of children. In article 6 Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. The category of young prisoners should include at least all young persons who come within the jurisdiction of juvenile courts. As a pule, such young persons should not be sentenced to imprisonment. Measures applied under the law and designed solely to protect the rights and special status of women, especially pregnant women and nursing mothers, children and juveniles, aged, sick or handicapped persons shall not be deemed to be discriminatory. The need for, and the application of, such measures shall always be subject to review by a judicial or other authority. If a detained or imprisoned person is a juvenile or is incapable of understanding his entitlement, the competent authority shall on its own initiative undertake the notification referred to in the present principle. Special attention shall be given to notifying parents or guardians.3(c) Preventive DetentionGenerally, preventive detention is detention without trial. The individual is chastised without the benefit of an open trial before a court of law. Not only does it disrupts every known human rights principle, containing the very basis of the legal system, that one is supposed to be innocent until proven guilty, it is also just bare forbidding and unfair to do this to another human being. In Malaysia, it is more maleficent because the courts have been excluded since 1988 from exercising judicial review of the detention and the reasons given by the detaining authority.Preventive detention also can be defined in this manner by a common feature in national securityLaws of many jurisdictions, it is including our Nation which is Malaysia. In fact, in Malaysia, under the ISA, there are two different preventive detention provisions - the first relating to the preventive detention of a person by the Minister (under section 8 of the ISA) and the second relating to the preventive detention of a person by the Police (under section 73 of the ISA).

Intercontinental Appliances Appropriate to the Detention of a Person

The matter of detention relates to the deficiency of a person's essential human right to personal liberty. Consequently, there are several international human rights instruments that relate to the rights of detainees. They assortment from the Universal Declaration of Human Rights (UDHR) and legally binding accords upon ratification or accession by a nation to non-legally binding minimum procedures.

These appliances are meant, mainly to ensuring that individuals arent randomly or unlawfully arrested and, then founding precautions against other forms of abuse of detainees. If fully executed, the danger of random detention and serious abuse of detainees can be reduced. Such protection is particularly important in relation to persons who are detained without trial.

Preventive Detention and International Human Rights PrinciplesThe detention of a person without trial contravenes a whole array of fundamental rightsof a person who is detained under such a power. For a start, the detention of a personresults in the deprivation of one of the most fundamental of all human rights recognisedin international law - the right to personal liberty.

The detention of a person is nevertheless a common feature in the normal penal systemas a means of social protection and control. Therefore, generally, the detention of a personwho has been given the opportunity to a fair and public trial by an independent judiciaryand is convicted for an offence as a result, is a universally accepted limitation of the libertyof a person. However, herein lies the difference between the detention of a person carriedout under the normal penal system and the detention of a person carried out pursuant toa power to detain without trial.Preventive Detention under Section 73 of the Internal Security Act 1960

Section 73 of the ISA states:

(1) Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe -(a) that there are grounds which would justify his detention under section 8; and(b) that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof.

(2) Any police officer may without warrant arrest and detain pending enquiries any person, who upon being questioned by the officer fails to satisfy the officer as to his identity or as to the purposes for which he is in the place where he is found, and who the officer suspects has acted or is about to act in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof.

(3) Any person arrested under this section may be detained for a period not exceeding sixty days without an order of detention having been made in respect of him under section 8:Provided that -(a) he shall not be detained for more than twenty-four hours except with the authority of a police officer of or above the rank of Inspector;(b) he shall not be detained for more than forty-eight hours except with the authority of a police officer of or above the rank of Assistant Superintendent; and(c) he shall not be detained for more than thirty days unless a police officer of or above the rank of Deputy Superintendent has reported the circumstances of the arrest and detention to the Inspector General or to a police officer designated by the Inspector General in that behalf, who shall forthwith report the same to the Minister.

(4) - (5) (Repealed)

(6) The powers conferred upon a police officer by subsections (1) and (2) may be exercised by any member of the security forces, any person performing the duties of guard or watchman in a protected place and by any other person generally authorised in that behalf by a Chief Police Officer.

(7) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station, or in any other similar place authorised generally or specially by the Minister.

Preventive Detention Under Section 8 of the Internal Security Act 1960

1.1 Chapter II of the Internal Security Act 1960

Chapter II of the ISA entitled "Powers of Preventive Detention" provides for Ministerialpreventive detention of a person. For ease of reference, provisions of Chapter II referredto in this report (namely sections 8 - 16) are reproduced herein.

8. Power to order detention or restriction of persons(1) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as "a detention order") directing that that person be detained for any period not exceeding two years.

(2) In subsection (1) "essential services" means any service, business, trade,undertaking, manufacture or occupation included in the Third Schedule.

(3) Every person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to as "a place of detention") as the Minister may direct and in accordance with any instructions issued by the Minister and any rules made under subsection (4).

(4) The Minister may by rules provide for the maintenance and management of places of detention and for the discipline and treatment of persons detained therein, and may make different rules for different places of detention.

(5) If the Minister is satisfied that for any of the purposes mentioned in subsection (1) it is necessary that control and supervision should be exercised over any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence or employment, but that for that purpose it is unnecessary to detain him, he may make an order (hereinafter referred to as "a restriction order") imposing upon that person all or any of the following restrictions and conditions:(a) for imposing upon that person such restrictions as may be specified in the order inrespect of his activities and the places of his residence and employment;(b) for prohibiting him from being out of doors between such hours as may be specifiedin the order, except under the authority of a written permit granted by suchauthority or person as may be so specified;(c) for requiring him to notify his movements in such manner at such times and to suchauthority or person as may be specified in the order;

(d) for prohibiting him from addressing public meetings or from holding office in, ortaking part in the activities of or acting as adviser to, any organisation or association, or from taking part in any political activities; and(e) for prohibiting him from travelling beyond the limits of Malaysia or any part thereof specified in the order except in accordance with permission given to him by such authority or person as may be specified in such order.

(6) Every restriction order shall continue in force for such period, not exceeding two years,as may be specified therein, and may include a direction by the Minister that the person in respect of whom it is made shall enter into a bond with or without sureties and in such sum as may be specified for his due compliance with the restrictions and conditions imposed upon him.

(7) The Minister may direct that the duration of any detention order or restriction order be extended for such further period, not exceeding two years, as he may specify, and thereafter for such further periods, not exceeding two years at a time, as he may specify, either -(a) on the same grounds as those on which the order was originally made;(b) on grounds different from those on which the order was originally made; or(c) partly on the same grounds and partly on different grounds:Provided that if a detention order is extended on different grounds or partly ondifferent grounds the person to whom it relates shall have the same rights under section11 as if the order extended as aforesaid was a fresh order, and section 12 shall applyaccordingly.

(8) The Minister may from time to time by notice in writing served on a person who is the subject of a restriction order vary, cancel or add to any restrictions or conditions imposed upon that person by that order, and the restrictions or conditions so varied and any additional restrictions or conditions so imposed shall, unless sooner cancelled, continue in force for the unexpired portion of the period specified under subsection (6) or (7).

8A. Detention order not to be invalid or inoperative on certain groundsNo detention order shall be invalid or inoperative by reason -(a) that the person to whom it relates -(i) was immediately after the making of the detention order detained in any place other than a place of detention referred to in section 8(3);(ii) continued to be detained immediately after the making of the detention order in the place in which he was detained under section 73 before his removal to a place of detention referred to in section 8(3), notwithstanding that the maximum period of such detention under section 73(3) had expired; or(iii) was during the duration of the detention order on journey in police custody or any other custody to a place of detention referred to in section 8(3); or Preventive Detention Under Section 8 of the Internal Security Act 1960(b) that the detention order was served on him at any place other than the place of detention referred to in section 8(3), or that there was any defect relating to its service upon him.

8B. Judicial review of act or decision of Yang di-Pertuan Agong and Minister(1) There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act, save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.(2) The exception in regard to any question on compliance with any procedural requirement in subsection (1) shall not apply where the grounds are as described in section 8A.

8C. Interpretation of "judicial review"In this Act, 'judicial review" includes proceedings instituted by way of -(a) an application for any of the prerogative orders of mandamus, prohibition and certiorari;(b) an application for a declaration or an injunction;(c) a writ of habeas corpus; and(d) any other suit, action or other legal proceedings relating to or arising out of any act done or decision made by the Yang di-Pertuan Agong or the Minister in accordance with this Act.

8D. Commencement of sections 8B and 8C(1) Sections 8B and 8C shall apply to any proceedings instituted by way of judicial review of any act done or decision made by the Yang di-Pertuan Agong or the Minister under this Act, whether such proceedings were instituted before or after the coming into force of the Internal Security (Amendment) Act 1989 [Act A739].(2) A reference to proceedings in subsection (1) shall not include a reference to proceedings which had concluded and in respect of which final decision of the court had been given before the coming into force of the Internal Security (Amendment) Act 1989, or to any appeal or application to appeal against such final decision. '4. (Repealed)

10. Suspension of detention orders(1) The Minister may at any time direct that the operation of any detention order be suspended subject to all or any of the restrictions and conditions which he is empowered by section 8(5) to impose by a restriction order, and subject, if the Minister so directs, to the requirement that the person against whom the detention order was made shall enter into a bond as provided in section 8(6).(2) Where a detention order is suspended as aforesaid section 8(8) shall have effect as if the restrictions and conditions on which the detention order is suspended were restrictions and conditions imposed by a restriction order.(3) Where a detention order is suspended as aforesaid the Minister may permit the person against whom the detention order was made to return to the country to which he belongs or to go to any other country of his choice provided that the Government of that other country consents to receive him.(4) The Minister may revoke the suspension of any detention order if he is satisfied that the person against whom the detention order was made has failed to observe any restriction or condition imposed upon him or that it is necessary in the interests of security that the suspension should be revoked, and in any such case the revocation of the suspension shall be sufficient authority to any police officer to re-arrest without warrant the person against whom the detention order was made, and that person shall as soon as practicable be returned to his former place of detention or, if the Minister so directs, sent to another place of detention.(5) The suspension of any detention order as aforesaid shall, subject to section 8(8) asapplied by subsection (2) and subject also to subsection (4), continue in force for theunexpired portion of the period of the detention order specified under section 8

(6) or

11. Representations against detention order(1) A copy of every order made by the Minister under section 8(1) shall as soon as may be after the making thereof be served on the person to whom it relates, and every such person shall be entitled to make representations against the order to an Advisory Board.

(2) For the purpose of enabling a person to make representations under subsection (1) he shall, at the time of service on him of the order -(a) be informed of his right to make representations to an Advisory Board under subsection (1); and (b)be furnished by the Minister with a statement in writing -(i) of the grounds on which the order is made;(ii) of the allegations of fact on which the order is based; and(iii) of such other particulars, if any, as he may in the opinion of the Minister reasonably require in order to make his representations against the order to the Advisory Board.(3) The Yang di-Pertuan Agong may make rules as to the manner in which representations may be made under this section and for regulating the procedure of Advisory Boards.

12. Report of Advisory Board(1) Whenever any person has made any representations under section 11(1) to an Advisory Board, the Advisory Board shall, within three months of the date on which the representations are received by it, or within such longer period as the Yang di-Pertuan Agong may allow, consider the representations and make recommendations thereon to the Yang di-Pertuan Agong.(2) Upon considering the recommendations of the Advisory Board under this section, theYang di-Pertuan Agong may give the Minister such directions, if any, as he shall think Preventive Detention Under Section 8 of the Internal Security Act 1960fit regarding the order made by the Minister; and every decision of the Yang di-Pertuan Agong thereon shall, subject to section 13, be final, and shall not be called into question in any court.

13. Review(1) Every order or direction made or given by the Minister under section 8(1), (5) or (7) or under section 10 shall, so long as it remains in force, be reviewed not less often than once in every six months by an Advisory Board; Provided that in the case of a detention order against which representations have been made the first of such reviews, whether of a detention order made under section 8(1) or of a detention order extended under section 8(7) to which the proviso to the last mentioned subsection applies, shall be held not later than six months after the completion of the hearing of the representations by the Advisory Board to which they were made.(2) The Advisory Board shall on completing every review under subsection (1) forthwithsubmit to the Minister a written report of every such review, and may make therein such recommendations as it shall think fit.

14. Power to summon witnessesEvery Advisory Board shall, for the purpose of this Act, but subject to section 16, have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.

15. Member of Advisory Board deemed to be a public servantEvery member of an Advisory Board shall be deemed to be a public servant within the meaning of the Penal Code [Act 574], and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under this Chapter the like protection and privileges as are by law given to a Judge in the execution of his office.

16. Disclosure of InformationNothing in this Chapter or in any rules made thereunder shall require the Minister or any member of an Advisory Board or any public servant to disclose facts or to produce documents which he considers it to be against the national interest to disclose or produce.

3(d) Intelligence ServiceFunctionally, Intelligence services will:(a) provide analysis in areas relevant to national security;(b) give early warning of impending crises;(c) serve national and international crisis management by helping to discern the intentions of current or potential opponents;(d) inform national defence planning and military operations;(e) protect secrets, both of their own sources and activities, and those of other state agencies; and(f) May act covertly to influence the outcome of events in favour of national interests.

Some activities of Intelligence Services can be shown as Collection is the acquisition of data. It involves the use of open sources, as well as clandestine sources, such as spies, agents and defectors.

Analysis is the screening and collation of data and their transformation into intelligence products that help policy-makers by providing relevant and trustworthy. Information designed to make sense of complex situations and issues.

Counterintelligence focuses on preventing foreign intelligence services or other foreign-controlled groups from committing espionage, subversion and sabotage against the state. This consists of defensive measures, such as inquiries, vetting and surveillance, and off endive measures, such as conducting operations to penetrate, deceive, disrupt and manipulate these organisations.

Some countries also practice covert action. This is the direct influencing of foreign political, military or economic conditions without this influence being attributable to the state. Covert action is an option short of military action to achieve objectives that diplomacy and other policy means cannot. Such action includes, but is not limited to: propaganda; support to foreign political or military factions; assistance to foreign governments; and disruption of illicit activities on foreign soil.In most democracies with multiple intelligence agencies, covert action is performed only by external intelligence agencies.In some region there were frequent intelligence services; however every constituency sometimes has a different enactment of intelligence services. In fact, there are several types of intelligence service. In countries with multiple intelligences services, there are several types of agencies. Intelligence services whose mandate is based on a specific geographical area of operation include: External or Foreign Intelligence Services that collect analyse and produce intelligence relevant to the external security of the state and warn of impending external threats; Internal or Domestic Intelligence Services, often called security services, that collect and analyse data relevant to the internal security of the state and the maintenance of public order and safety. Intelligence services whose mandates are based on a specific issue or domain include: Military or Defence Intelligence Services that generate intelligence relevant for defence planning and the support of military operations; Criminal Intelligence Services that produce intelligence on organised crime, corruption and criminal activities to aid in law enforcement. Specialised national centres that focus on particular issues, such as the US National Counterterrorism Centre (NCTC); Special issue-based coordinating units that bring together several intelligence actors and/or other branches of government.

Legislation on intelligence service

Intelligence services are legitimate only when their exceptional powers are derived from proper legislation. Laws governing intelligence services should provide a clear and specificmandate, including: geographic areas of responsibilities; subjects of investigation; limits of competence and restrictions imposed on activities; the relations among the services working within the intelligence community and their coordination; the means by which the services are held accountable, including mechanisms of executive control, legislative oversight and judicial review; and the legal means to deal with complaints in cases of agency misconduct.

Purposes and targets of external and internal intelligence collection differ, as do the accompanying risks. It is important that management, control and accountability arrangements reflect these differences. The legal framework should require that intelligence services observe democratic standards and norms.

E. Issues of Internal Security Act 1960Malaysia Internal Security Act 1960 was known to be the most unjust act that against human right where many reports stated many ex-detainees of ISA was treated in the manner of prisoners, not as detainees. In this report, we will justify the unjust fact about ISA by four(4) categories; grounds for detention, period of detention, access to the outside world, and treatment of detainees.1. Grounds for detentionStated under section 8(1) of the ISA, a person may be detained without trial if the authority or the minister in charge of the Internal Security, specifically, satisfied that the detention is necessary to prevent him or her from acting in any manner prejudicial to the security of Malaysia. It is reported that under section 73 of the ISA, lack of clear criteria in the meaning of the term prejudicial to the security of Malaysia creates ambiguity which the detainees may be detained way beyond the regulatory framework of the ISA. Some cases that being held under ISA even could be administered under normal legal adhering and not using the extraordinary preventive detention powers of the ISA. For instance, Ng Chooi Chun was detained for her alleged connection with a document falsification syndicate which is unclear whether her action falls under the prejudicial to the security or maintenance of essential services or the economic life of Malaysia. There is a general perception where the Minister only relies on the finding by the Polices during the investigations made under section 73 of the ISA in deciding whether a person ought to be detained under section 8(1).

2. Period of DetentionStated under section 8(1), it is authorized by the Minister that detention period shall not exceeding two years. However, it is not clear for the period of detention as it is not statistic. The period is depending on the recommendations made by the Advisory Board which operates directly under Yang di-Pertuan Agong. On the one hand, detaining a person whom does not stand any trial for his or her offence for two years appears to be unreasonable and excessive. Thus, it is clearly violating the liberty of freedom of a person. For instance, Dr Syed Husin Ali was being held in detention for almost six years starting from year 1974 until the year of 1980. He is said to be alleged in an attempt to overthrow the government by force and for cooperating with the communists. This shows that the period of detention was not even fixed to the extent it can be changed according to the offences of the detainees and decision of the Minister or Advisor Board.

3. Access to the outside worldUnder the Internal Security (Detained Persons) Rules 1960, specifically rules 81 and 82, it allows the detainees to receive visits from his or her relatives and legal adviser. Clearly there are legislative provisions that allow detainees some access to the outside world. However, the law was not clear as the exact time for visit was not stated specifically and the visit only can be made once a week. After a series of incidents where riots involving detainees against the prisoner officials, the regulation changed where the detainees do not have a full access to the outside world as they are restricted to be in a specific place for family meeting day. For instance, Mat Sahs case which he was detained under ISA after being alleged to be involve in Jemaah Islamiyyah (JI), a terrorist organization. However, he denied his involvement in the organization. His wife always visited Mat Sah along with his son at the detention center. She stated that she can only communicate with his husband through a small hole in a wire mesh and fiberglass partition which is 3-4 feet above ground level and is the size of a 20 cent coin. She said I held my tears as I saw my son reach out and place one of his fingers through a 20 cent-size hole on the sheet of fiberglass that separated us during our meeting. I counted 26 small holes altogether and as we talked, I had to ask my husband to repeat the sentences two or three times as I couldnt hear his voice clearly. He also asked me to do the same. Normally, during our visit, my son and I would be able to shake my husbands hands and later my son would climb on his back. My husband would take a few paces up and down and both of them would giggle happily. Nothing separated us during our previous meeting. But today, 19 December 2004, our meeting was not a normal one. We were denied everything. I felt as if I was in a prison. Over the last two weeks everything was quite fine, but on this day, after the reported riot, he was treated by camp authorities like a prisoner - not as the detainee that he was.

4. Treatment of DetaineesIt is reported by all ex-detainees that they were ill-treated by every level of officers that works at the detention center. Some incidents, in instance, in March 2001, a detainee was kicked, punched and beaten up for almost a month for being caught with a mobile phone. On the medical care basis, the detainees did not get a sufficient or appropriate medical attention. On 20 November 2002, SUHAKAM revealed that a total of 40 detainees died of various diseases since January the same year. Some of the diseases diagnosed are lung diseases, heart disease, dengue and severe malnutrition. It is said that the detention center authorities were not receiving sufficient financial allocation to enable the purchase of medicines.

F. REFERENCES

SUHAKAM. (2003). Review of the Internal Security Act 1960. Internal Security Act 1960, 183.Othman, Norlaila. Riot at Kamunting: The real story March 17, 2005. Aliran Monthly Vol 24 (2004): Issue 11/12. Citied 2007-07-10

1