(Aug 18): A section of the Penal Code that states certain activities are detrimental to parliamentary democracy is oppressive and does not make sense, says a legal expert, as Malaysia practices constitutional democracy.

Speaking at a forum last night, former Bar Council president Christopher Leong said Malaysia practiced the principle of constitutional democracy, where the Federal Constitution was supreme, and not Parliament.

He said Malaysia was unlike the United Kingdom, which did not have a written constitution, and so their parliament was supreme.

He said Section 124B of the Penal Code did not make sense.

"We have criminal legislation by way of amendments to our Penal Code, with Section 124B criminalising activities detrimental to parliamentary democracy, when there is no subject matter known in Malaysia.

"From a legal perspective, it completely ignores and is in breach of the principle of criminal law, in that criminal law must be precise and the subject matter must be known," he told a forum titled "The way forward for a pluralistic society" in Petaling Jaya yesterday.

Putrajaya has been using Section 124B of late against its critics, where among those being investigated under the law are activists involved in the upcoming Bersih 4 rally, and opposition lawmakers who have been vocal about the financial problems of state investor 1Malaysia Development Berhad (1MDB).

Several Malaysian Anti-Corruption Commission officers were also questioned under Section 124B for supposedly leaking information on probes into 1MDB.

Leong said such laws made Malaysia's pursuit for unity and harmony counter-productive, adding that one way to achieve social cohesiveness was through responsible education.

The lawyer said the current education system in national schools was not helping to achieve the nation's aims of unity and harmony.

He cited the proposal by Umno minister Datuk Seri Ismail Sabri Yaakob (pic) who called for a Malays-only version of Low Yat Plaza to be opened in Kuala Lumpur following a racial scuffle that broke out at the popular computer and electronics mall.

"How wrong has our education been?

"And if you judge by the seniority of this minister, it must have been wrong for five decades.

"Instead of bridging the gap and bringing down the walls, we are dividing and segregating as a default response, where we have the absurd proposal to have Low Yat 2," Leong said.

He added that when speaking about justice and fairness in a pluralistic society, Malaysians should as a matter of reflex immediately refer to the Federal Constitution.

"Ours has not just become a pluralistic society, it was and it is a pluralistic society since inception," he added.

He urged citizens to be vigilant against any moves to rewrite the constitution, adding that there have already been attempts to distort Article 3 (1) on the freedom to practise one's religion.

"We should not allow de facto rewriting of the constitution or any actual rewriting.

"There have been attempts to distort Article 3 (1), which states that the religion of the federation is Islam, without reciting the second part of the same article, which states that other religions can be practiced in peace and harmony," he added. – The Malaysian Insider