102-422: Internal Security Act may refer to: Internal Security Act 1960 , former Malaysian law Internal Security Act (Singapore) McCarran Internal Security Act , a United States federal law Suppression of Communism Act, 1950 , a South African law, renamed the "Internal Security Act" in 1976 Internal Security Act, 1982 , a South African law Topics referred to by
204-459: A massive heart attack . Normally, Dr Stewart C. Macpherson, a neighbour of Ismail's and personal doctor to him and Prime Minister Abdul Razak Hussein, would have immediately attended to Ismail. However, Macpherson had accompanied Razak to the summit, forcing Ismail to phone his other doctor, Dr Catterall, who lived in the satellite town of Petaling Jaya . Upon arrival, Catterall immediately began efforts to resuscitate Ismail, soon being joined by
306-694: A case to do so." Since 1960 when the Act was enacted, thousands of people including trade unionists, student leaders, labour activists, political activists, religious groups, academics, NGO activists have been arrested under the ISA. Many political activists in the past have been detained for more than a decade. As of 2005, 10,662 people have been arrested under the ISA in the previous 44 years, 4,139 were issued with formal detention orders and 2,066 were served with restriction orders governing their activities and where they live. In addition, 12 people were executed for offences under
408-470: A coalition comprising three mono-racial parties. Upon returning to Malaya in 1959, he was appointed as external affairs minister. The following year, a controversy arose when the Tunku stated that Malaya would eventually have to recognise the communist People's Republic of China. This was, in the Tunku's words, "a sudden change in our policy towards Communist China" that had been influenced by private talks between
510-569: A degree at the King Edward VII College of Medicine in Singapore. In 1945, he became the first Malay to obtain a MBBS from University of Melbourne , Australia. Ismail's son later said that his education in Australia greatly impacted his worldview: "He was on his own and a member of a minority there. He didn’t have other Malays to prop him up and he had a sense of loneliness. He felt that he
612-454: A free Press and above all the Parliament." In 1963, Malaya merged with the former British colonies of Singapore, Sabah and Sarawak to form Malaysia. Ismail retained his cabinet positions in the new polity. During this period, despite no longer being in charge of external affairs, Ismail expressed strong support for an "Association of Southeast Asia", telling the media that "We look forward to
714-577: A lesser extent the Indians, the latter brought in mainly to work in the rubber estates owned by the British. No attempt was made to make these immigrants loyal citizens of Malaya. The British were content to see that so long as they obey the laws of the country, they could come and leave as they please. As a result of this policy, when more and more of them settled in Malaya, the result was an increasing number of aliens in
816-484: A lump in his neck while shaving – the lump was later confirmed to be cancerous. As a result, many within Ismail's family urged him to retire again. However, Ismail considered it his duty to assist Abdul Razak as deputy prime minister, and thus refused to resign, delaying the treatment for his neck cancer and refusing an operation on his heart valves to continue working. Around July 1973, Ismail suffered three heart attacks over
918-419: A mausoleum under a roof!" Razak, who would normally have overlooked such incidents, delayed the burial and brought in a detachment of soldiers to tear up the floor of the mausoleum, where Ismail was indeed laid to rest. Ismail was particularly known for his non-ethnic approach to political issues. Expressing concern over racial polarisation in the country, he once asked: Why did we fight for Merdeka? So that
1020-937: A number of weapons captured from Indonesian military personnel into a meeting of the UN Security Council, greatly upsetting the council's president, who asked him to remove them. Later, Ismail was a critic of Lee Kuan Yew , the Singaporean Prime Minister, for his attempt to de-emphasise race in Malaysian politics through the establishment of a non-racial political coalition, the Malaysian Solidarity Council (MSC). The resulting political controversy led to Singapore's separation from Malaysia; however, Ismail, like Toh Chin Chye , expressed his belief that Singapore and Malaysia would eventually merge once more, stating: "It
1122-498: A period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest. ‘Anti-government’ has at times been simply equated to being ‘anti-national’. In their Report,
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#17328478865141224-412: A person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government
1326-522: A public confession on television and radio. The case of Raja Petra Kamarudin, a well known blogger of Malaysia Today website, detained under the Internal Security Act on 12 September 2008 and was subsequently released 56 days later, was due to the habeas corpus filed by his lawyer citing unlawful detention by the Home Ministry. The High court, on 7 November 2008, over-ruled that detention and he
1428-551: A regional association embracing Thailand , Burma , Indonesia , Singapore, Malaysia, Philippines , Cambodia , Laos and Vietnam ." This proposal eventually became the Association of Southeast Asian Nations (ASEAN). Ismail also presented Malaysia's case to the United Nations when Indonesia launched its armed " Confrontation " against the new polity, charging it with being the tool of neo-colonialists. Ismail managed to sneak
1530-621: A strong proponent of the controversial Razak Report . Outside the council, many Chinese were upset about the lack of provisions for vernacular education, while within the council, Malay members from UMNO condemned the Report for not making Malay the sole medium of instruction. Ismail accused the report's opponents in the Council of making "no considerations for the Chinese and Indians who are already in this country", and acting in an imperialistic manner. If
1632-510: A sudden explosion sound effect, Ismail's daughter, who was watching the event live on television, noticed her dad began to sweat profusely. Nevertheless, afterwards, Ismail visited his wife, who was recovering from the ligation, at the hospital as had been planned. After having his dinner, Ismail retired to his study. Later, he rang the bell for his maid, asking for his daughter and telling her that "I am going to die. Please call my doctor and inform Gopal" (his private secretary). Ismail had suffered
1734-434: A tough stand on threats to national security (including terrorism), does not violate basic human rights. A detenu can make representations against his/her detention if an order of detention has been made against the detenu by the Minister under Section 8(1) of the ISA but under Section 73 however, the detenu seems to have no such right. Generally, the attitude of the Malaysian courts in respect of detention under Section 73
1836-529: Is a threat to Umno rather than a threat to the country. Prior to becoming Prime Minister, Mahathir had also adhered to a critical view of the ISA. In 1966, when Mahathir spoke out in support of the Internal Security (Amendment) Bill 1966 as a backbencher , he stated that "no one in his right senses like[s] the ISA . It is in fact a negation of all the principles of democracy." After becoming Prime Minister however
1938-413: 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. " Section 8 ISA: Power to order detention or restriction of persons. " (i) 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
2040-1086: Is better to wait for this to come because if they do not do so they will sink together instead of coming together." In 1966, Ismail became the first recipient of the First Class of the Darjah Yang Mulia Setia Mahkota Malaysia (The Most Esteemed Order of the Crown of Malaysia), entitling him to the title of Tun and the post-nominal SSM. Ismail resigned from his government posts in 1967, citing his poor health. A heart specialist had previously told him to retire from politics due to Ismail being "more sensitive to personality stresses than most people" – advice Ismail said he would have ignored, had it not been for his five young children. The Tunku accepted Ismail's resignation, noting that he had previously forced Ismail's brother, Suleiman, to continue working in public service, with fatal results when Suleiman suddenly died. After retiring from politics, Ismail went on to head
2142-635: Is different from Wikidata All article disambiguation pages All disambiguation pages Internal Security Act 1960 The Internal Security Act 1960 ( Malay : Akta Keselamatan Dalam Negeri 1960 , abbreviated ISA ) was a preventive detention law in force in Malaysia . The legislation was enacted after the Federation of Malaya gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. On 15 September 2011,
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#17328478865142244-439: Is full of non-Malays." Unlike other UMNO politicians, Ismail avoided cultivating a political following: "He was there to build the country. That's it. He was actually a reluctant politician. So he wasn't a politician in the sense that he didn't cultivate 'my people'. He didn't care whether he made friends or not. That kind of person wasn't very popular". As Foreign Minister, Ismail pushed for non-alignment and non-interference in
2346-563: Is often mentioned in combination with the other two, and with Tan Siew Sin. Ismail's eldest son has suggested that Ismail was largely ignored because "Razak didn't want people to know about his illness and he didn't need a prop like Dr Ismail. He had to move out of Dr Ismail's shadow. My father didn't say he was controlling Razak, but people perceived he was doing so, including those who advised Razak." Generally, Ismail has been regarded as reliable and incorruptible, "remembered for his deep dislike of incompetence and bigotry, his strict adherence to
2448-550: Is one in which the rule of law prevails, they seek refuge in the slogan that we should imitate Western democracy one hundred per cent. I am convinced that the Internal Security Act as practiced in Malaysia is not contrary to the fundamentals of democracy. Abuse of the Act can be prevented by vigilant public opinion via elections, a free Press and above all the Parliament. However, partly due to massive street protests involving
2550-475: Is that the courts have jurisdiction only in regard to any question on compliance with the procedural requirements of the ISA and they seldom grant any substantive rights to the detenu . Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order
2652-441: Is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive’s opinion be against national interest. Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof. After 60 days, one may be further detained for
2754-654: Is written into the statute book ad infinitum ... However, several politicians from the Barisan Nasional coalition, including its largest component party, the United Malays National Organisation (UMNO or Umno), that has governed Malaysia since independence have also criticised the ISA. The fifth Prime Minister of Malaysia , Abdullah Ahmad Badawi , went on the record in 1988 to state "If we want to save Malaysia and Umno, Dr Mahathir (then Prime Minister) must be removed. He uses draconian laws such as
2856-469: The Internal Security Act to silence his critics. " The year before, he had also stated "Laws such as the Internal Security Act have no place in modern Malaysia. It is a draconian and barbaric law." In 2003 when he became Prime Minister, however, Abdullah called the ISA "a necessary law," and argued "We have never misused the Internal Security Act. All those detained under the Internal Security Act are proven threats to society." But opposition parties believe it
2958-516: The Malaysian Houses of Parliament , and be buried at the Makam Pahlawan (Heroes' Mausoleum) near Masjid Negara (National Mosque), Kuala Lumpur . Ismail would be the first to be laid to rest there, and also the first recipient of a Malaysian state funeral. However, Works & Communications Minister Tun Sardon Jubir , the next-most senior Cabinet minister, ordered that Ismail lie in state at
3060-501: The " white terror ", it has been the most feared and despised, yet convenient tool for the state to suppress opposition and open debate. The Act is seen by some as an instrument maintained by the ruling government to control public life and civil society. The ISA was used extensively during the 1987 Operation Lalang in which Opposition members were silenced by the UMNO government through the use of ISA. Many opposition leaders were detained and
3162-614: The Barisan Nasional Backbenchers Club, the National Council for Women's Organisations and the National Civics Bureau. The Home Minister said that during the discussions, all parties agreed that there should be a law in place to protect the people against terrorism and militancy. The Law Reform Committee set up to review detentions under the Internal Security Act (ISA) has submitted its amendment proposals to
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3264-482: The Cabinet. Parliament is expected to conclude its review of the amendments during its current sitting. Some notable sections of the legislation include: Section 73(1) Internal Security Act 1960: " Any police officer may without warrant arrest and detain pending enquiries 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
3366-477: The Constitution. ... Polarisation has taken place in Malaysian politics and the extreme racialists among the ruling party are making a desperate bid to topple the present leadership." At the time, some suggested that Tun Abdul Razak was a power-hungry ultra, seeking to displace the Tunku as prime minister. Although this was denied by both the Tunku and Abdul Razak, there was great concern among non-Malays as to how
3468-482: The Deputy Prime Minister, to escort Ismail from his home. Ismail was persuaded to rejoin the government as home affairs minister. The Tunku arranged a meeting of several of his top aides, including Ismail. At the meeting, Tun Abdul Razak expressed support for declaring martial law , but was dissuaded by General Ibrahim Ismail, who told him that "I cannot provide any guarantee (that I will) be able to hold back
3570-752: The Guthrie Group of Companies, where he was paid three times the amount earned by a cabinet minister. In the 1969 general election , the Alliance suffered substantial losses. The MCA, which was hardest hit, decided to withdraw from the government as they felt they were no longer representative of the Chinese community. Ismail was very critical of this decision, and attempted to persuade the MCA President, Tan Siew Sin , to change his mind. Ismail warned that "this decision if not revoked would contribute to rioting and chaos in
3672-403: The ISA between 1984 and 1993. Source: Figures were provided in a written answer by Prime Minister Abdullah Ahmad Badawi, who is also Minister for Internal Security, to parliamentary opposition leader Lim Kit Siang, whose statement was quoted by AFP in newsreports dated 3 February 2005 The ISA has been consistently used against people who criticise the government and defend human rights. Known as
3774-544: The ISA was also used to detain Anwar Ibrahim . The ISA was also used against militants. In August 2011, 3 Indian nationals who were members of the Babbar Khalsa International were arrested and deported. A Jemaah Islamiah member arrested in 2009 under the ISA was deported to Indonesia. One of the most recent application of ISA was against Hindu activists belonging to the group HINDRAF who voiced out against
3876-722: The Johor state legislative assembly, his very first action was to declare his opposition to the UMNO-supported federation, which he considered in contravention of the Johor state constitution. Ismail focused on his private practice, founding the Tawakkal (Trust in God) Clinic which he ran from 1947 to 1953. During this period, Ismail co-founded the Malay Graduates' Association, a political discussion group for intellectuals. Ismail observed: It
3978-483: The Malaysian courts in relation to the ISA starts with the fact that they have generally accepted the subjective satisfaction of the executive for justifying the detention of an individual.' He further adds that the 'current approach of the Malaysian courts only serves to reduce executive accountability and respect for human rights under the rule of law.' Although the government may release detainees unconditionally, in some cases, it has required those being released to make
4080-768: The Masjid Negara, and that he be buried just outside the Makam Pahlawan instead. As Ismail's body was transported from his home to the National Mosque, crowds thronged the streets. Razak was provided with a plane by the Canadian government that took him to Copenhagen , from where he took a commercial flight to Kuala Lumpur. Ismail's burial was postponed until his arrival. Upon arrival, finding that his instructions for Ismail's funeral had not been followed, Razak reportedly exclaimed to Ismail's widow, "Who am I to trust now?" Razak
4182-507: The NOC's policy would affect them, as the NOC was chaired by Abdul Razak and not the Tunku. Tengku Razaleigh Hamzah , later finance minister, cited Ismail as a major factor in increasing public confidence in the government, stating: "The Chinese did not have much confidence in Razak, but they did in Ismail. Razak was always associated with Malay and rural affairs, et cetera. Ismail was a principled man — and
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4284-411: The NOC, later recalled that Tun Abdul Razak often took pains to accommodate Ismail's views, extending meetings whenever there was a clash of opinions so as to satisfy Ismail. Ismail's reputation for fairness but uncompromising toughness – at one point, he declared he would arrest his own mother if she had broken the law – has been cited by a number of top officials as greatly contributing to stability in
4386-635: The PKR. Previously in the 1960s, the law had been denounced by such opposition leaders as Tan Chee Khoon , who said: This infernal and heinous instrument has been enacted by the Alliance Government at a time when the emergency was supposed to be over. Then it promptly proceeds to embody all the provisions of the Emergency Regulations which during the Emergency had to be re-enacted every year, but now it
4488-594: The Prime Minister of Malaysia, Najib Razak said that this legislation will be repealed and replaced by two new laws. The ISA was replaced and repealed by the Security Offences (Special Measures) Act 2012 which has been passed by Parliament and given the royal assent on 18 June 2012. The Act came into force on 31 July 2012. The Internal Security Act 1960 was consisted of 4 Parts containing 85 sections and 3 schedules (including 21 amendments). Preventive detention
4590-761: The Reid Commission (that was entrusted with the job of drafting the Merdeka Constitution) mentioned that the rights they were recommending had already been firmly established throughout Malaya and the guarantee of the fundamental rights would be provided by the mechanisms of: the Constitution being the supreme law; ‘the power and duty of the Courts to enforce these rights’; and, ‘the Courts would annul any attempt to subvert any of them whether by legislative or administrative action or otherwise’. [See Chapter IX, Fundamental Rights: Constitutional Guarantees, Para 161 p. 70 of
4692-518: The Report.] Hardial Singh Khaira [Is it the ISA per se or the Interpretations Given by the Judiciary that Makes it Such a Draconian Law Now?], in his analysis of judgments related to the ISA maintains that 'not only have the Malaysian courts failed to annul the encroachments on the fundamental rights but their lack of judicial activism has in fact subverted those rights further. The failure of
4794-581: The Tunku and French President Charles de Gaulle . Ismail was outraged by this decision, which had been taken without consultation with him, and directly contradicted Ismail's stated policy of refusing to recognise the People's Republic of China as long as they backed the Malayan Communist Party , which had waged an armed insurgency against the government. Ismail threatened to resign, and apparently attempted to do so on four separate occasions. The situation
4896-486: The Tunku became president in 1951. Ismail would have six children with Neno: Tawfik (born 1951), Zailah (1953–2017), Badariah (born 1957), Tarmizi (born 1960), Zamakhshari (born 1964) and Ariff (born 1967). Ismail entered Malaysian politics in 1951 when he was elected as vice-president of the United Malays National Organisation (UMNO). He had earlier been the nominee of the Malay Graduates Association to
4998-532: The Tunku had invited him and his new bride to the Kuala Lumpur Flying Club to dance, but upon finding that they were newlyweds "bundled us off telling us that we had no business being on the dance floor so late when we should be in bed enjoying our honeymoon." The Tunku later cited the support of Ismail and the Malay Graduates Association as the major impetus for his decision to become president, while Ismail in turn claimed he decided to join UMNO only after
5100-421: The Tunku to step down in favour of a leader who would restore "Malay sovereignty". Sporadic rioting, believed to have been instigated by the Tunku's opponents, broke out. The Tunku responded by forcing Mahathir and Musa out of UMNO, while Ismail as Home Affairs Minister issued a statement: "These ultras believe in the wild and fantastic theory of absolute dominion by one race over the other communities, regardless of
5202-537: The Tunku, Ismail, and the MCA's representative of H. S. Lee , he accused them of playing into the hands of the Malayan Communist Party , which was waging an armed insurgency against the British. The source of the dispute was that the British High Commissioner had been given the discretion to nominate six seats, in addition to those contested in the elections. Ismail proposed a compromise: the Alliance would support
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#17328478865145304-559: The UMNO Central Executive Committee. Initially, Ismail and his brother Suleiman, also an UMNO member, mainly clashed with Dato Onn, who had left UMNO to form the Independence of Malaya Party (IMP) after UMNO refused to open membership to non-Malays. Ismail was very critical of Onn, who had made "very inflammatory communal speeches attacking the Chinese". Suleiman later defeated Onn in the first Malayan general election, and
5406-565: The United States and at the United Nations, Ismail wrote personal notes to the Prime Minister, which were recently compiled and published in a book titled "Malaya's First Year at the UN". Ismail remained involved in local politics, however, and pressed for the Alliance coalition of UMNO, the MCA and the Malayan Indian Congress (MIC) to merge into one multi-racial party, instead of remaining as
5508-550: The benefits of education, unlike many Malays of the time, and ensured his children received the best education possible. Two of his sons became lawyers and another an economist. In 1939, the British General Adviser W.E. Pepys lamented that "the only Johore Malay who has got a university degree is Inche (Mr.) Suleiman bin Abdul Rahman , the son of Dato Abdul Rahman, State Treasurer, Johore." Ismail himself went on to obtain
5610-537: The country who, on the whole, were richer and more vigorous than the Malays. When the Malays seized political power after the Second World War, their main defence against their more virile and richer neighbours was to deny them the right of citizenship. In Ismail's view, it was imperative that "if the Chinese – the real political problem since the other races were not dominant – were to be persuaded into accepting Malay as
5712-402: The country". On 13 May, after several controversial victory rallies were held by the victorious opposition, racial riots broke out in the federal capital, Kuala Lumpur . Ismail's daughter later said that her father "remained calm, but took out his pistol , put it into his pocket, and went out with my mother to dinner". On the morning of 14 May, a police escort was dispatched by Tun Abdul Razak,
5814-635: The course of two weeks – a secret he kept from his wife, who was expecting. Ismail told a friend that he planned to resign after Tun Abdul Razak returned from Ottawa in Canada, where he was attending the Commonwealth summit – Ismail had promised to serve as acting prime minister while Razak was away. On 2 August 1973, Ismail attended the silver jubilee celebrations of the Peninsular Malaysia Malay Students Foundation (GPMS). After
5916-431: The course towards becoming prime minister. Despite this, historians have often overlooked Ismail; one biographer of his has said that: A thorough understanding of Ismail's contributions has traditionally been made difficult by the fact that he was always the third or the second most powerful man in the country. Historiographic convention has always allowed the Tunku and Razak to overshadow Ismail's achievements, and his name
6018-441: The different races can be divided? That can't be the way, right? That can't be why all these great Malay and Umno leaders fought for this ... Something is wrong... I hope the new discussions will start. Why are we building Malaysia? What Malaysia are we building? What kind of symbol is Malaysia supposed to be? Although, according to his biographers, Ismail was "usually considered as a very good Malay leader...Ismail knew that Malaysia
6120-577: The duration of the detention order may be extended indefinitely in increments of up to two years The extension of the detention order may be made on the same grounds as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, ruled that
6222-583: The elections, but only if the High Commissioner would consult with the party that won the elections before making his appointments. MacGillivray initially refused, but after finding public opinion against him, backed down. Later, Ismail was part of the Malayan government delegation sent to London to negotiate terms for independence from the British. In the Federal Legislative Council, he was also
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#17328478865146324-530: The former premier had little if any hesitation using the law to suppress what he termed racialism but was seen by some as a move against his political opponents, the most notable of events being the infamous Operasi Lalang in 1987. Recently former rapporteur to the United Nations Param Cumaraswamy , who is on record for his opposition of the ISA, suggested its use on former Malaysian Prime Minister Dr. Mahathir for alleged racial incitement by
6426-481: The government policies that resulted in Malaysian Indians being marginalised and sidelined from the country's development. In response, Prime Minister Abdullah Ahmad Badawi personally signed the detention order that allows the leaders of HINDRAF to be detained without trial for two years, with the option for the detention order to be renewed indefinitely. The government of Prime Minister Najib Razak has used
6528-521: The independent Malayan delegation to the General Assembly, he carried the traditional Malay dagger ( kris ) – according to him, the first time a weapon of any kind had been brought into the assembly. At the UN, Ismail developed a strongly held view that Malayan foreign policy had to keep "an independent line, by which I mean that our stand on international problems should not be influenced by the policies of other countries, big or small". While serving in
6630-533: The internal affairs of ASEAN countries. He also supported the establishment of a central bank to quell foreign investment worries about a lack of independence in Malaysian monetary policy . The legacy left behind by Ismail is often viewed in a positive light. It is conventionally held that his sudden death altered the course of Malaysian history – Tun Abdul Razak appointed Tun Hussein Onn as his new deputy, and Hussein Onn would later appoint Mahathir as deputy prime minister after succeeding Razak, setting Mahathir on
6732-689: The latter at a speech in Johor Bahru on 17 May 2008, arguing that the reasoning of the former premier in the use of the law would be applicable against him now in light of his own racial excesses Such tit for tat justification however was condemned by various groups, notably PAS for inconsistency and double standards shown by the former rapporteur in his position as regards the ISA. In Kota Kinabalu , United Pasokmomogun Kadazandusun Murut Organisation (UPKO) led by its Secretary-General Datuk Wilfred Madius Tangau, on 23 September 2008, joined its 3 other Barisan Nasional (BN) counterparts MCA , Gerakan and MIC , petitioning government review of ISA. Madius said
6834-407: The length of detention, rights and treatment of detainees and their families, the power of the Home Minister, the use of ISA for political reasons and detention without trial. In revising the ISA, the government met with key stakeholders to discuss amendments. Hishammuddin and Home Ministry's officials met for about three hours with representatives from the Attorney-General's Chambers, the Bar Council,
6936-454: The members of the armed forces who might take over control of the government." On 15 May, a state of emergency was declared and Parliament was suspended in favour of the National Operations Council (NOC), a body of top government officials. That day, Ismail announced to the media that "Democracy is dead in this country. It died at the hands of the opposition parties who triggered off the event leading to this violence." Privately, Ismail accused
7038-464: The moderate Malays and the understanding Chinese." Ismail blamed the MCA as well, telling a friend that "it was with this tension, with this irresponsible decision by the MCA that the riot started". Tun Abdul Razak was initially interested in the possibility of a benevolent dictatorship , but was reportedly dissuaded by Ismail, who wanted to restore power to Parliament as soon as possible. Abdullah Ahmad Badawi , future prime minister and then an aide to
7140-412: The national language, they should be granted citizenship as a quid pro quo " – an early expression of what would later be referred to as the Malaysian social contract . After independence in 1957, Ismail was appointed as Malaya and Malaysia's first ambassador to the United States of America, as well as the United Nations – two posts to be held concurrently by him from 1957 till 1959. When Ismail led
7242-458: The non-Malays accepted Malaya's status as a Malay country and that the national language was Malay, he argued, there was no reason to further suppress them. The Razak Report eventually became law, when the Council approved it as the Education Ordinance of 1957. Ismail analysed the Malay distrust of the Chinese as such: Under colonial rule there was a cumulative increase in the population of immigrant races, especially those of Chinese origin and to
7344-544: The opposition parties of playing "communal politics", by using the Islamic party, PAS , to appeal to the extremist Malays, and using the ostensibly multiracial parties such as the Democratic Action Party and Parti Gerakan Rakyat Malaysia to appeal to the extremist Chinese. "Since the Alliance's policy is based on compromise," he said, "it could not therefore please all the Malays or all the Chinese but could only please
7446-502: The ordinance was repealed. However, preventive detention was retained and remains a feature of Malaysian law today. In 1960, the government passed the Internal Security Act (ISA) under the authority granted by Article 149 the Malaysian Constitution. The stated purpose of the ISA was to deter communist activity in Malaysia during the Malayan Emergency and afterwards. The first Prime Minister of Malaysia , Tunku Abdul Rahman , defined
7548-512: The other races during the most impressionable stage of my life had a lot to do with my non-racial outlook." Ismail forged close friendships with the daughters of Cheah Tiang Earn, a friend of his father's. Eileen and Joyce Chuah would later both marry into the influential Kuok family , which Ismail got to know through them. Ismail also befriended the children of Joseph Chako Puthucheary, who would later become important players in Malaysian and Singaporean politics. Ismail's father believed strongly in
7650-453: The party supports former de facto Law Minister Datuk Zaid Ibrahim's position that the ISA should only be used against those who posed a threat to national security, such as terrorists: "Clearly in the case of Seputeh MP, Teresa Kok , Raja Petra Kamaruddin , and Sin Chew Daily reporter, Tan Hoon Cheng, there are so many other public order laws that can be used against them if, at all, there is
7752-606: The powers extended to the Home Minister are valid under the Malaysian Constitution. In addition, preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969 . The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking
7854-586: The public and politicians from both sides which portrayed the ISA as draconian and unnecessary in view of Malaysia's progress to "developed nation" status, on 15 September 2011, Prime Minister Najib Razak announced that The Internal Security Act will be abolished. Two new laws will be introduced instead to safeguard peace and order. The government is in the final stages of revising the Internal Security Act. Home Minister Datuk Seri Hishammuddin Tun Hussein has stated that ISA amendments will revolve around five areas –
7956-489: The purpose of the act as to "be used solely against the communists...My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the ISA would never be used to stifle legitimate opposition and silence lawful dissent". In response to criticism that the ISA was not democratic or was too open to abuse, the first internal security minister, Ismail Abdul Rahman , stated: I maintained then and I maintain now
8058-680: The replacement of the Malayan Union with the Federation of Malaya , Ismail was appointed to the Johor State Legislative Assembly by Dato' Onn Jaafar , the Chief Minister of Johor. Ismail was also offered a seat on the Federal Legislative Council by Onn, but on the condition that Ismail join UMNO. Ismail refused, insisting that he would only join UMNO if it committed itself to fighting for Malayan independence. In
8160-399: The resignation of Tunku Abdul Rahman . Shortly before, Ismail had become privy to the secret that Abdul Razak was suffering from leukaemia . Only Razak's doctors, Razak and Ismail knew of Razak's health problems, with Razak often using the pretext of paying Ismail a visit at his home to be examined by doctors at a hidden building near Ismail's house. Not long after, Ismail himself discovered
8262-486: The royal physician, Dr Pillai. Panicked Cabinet members soon arrived, and began discussing the future of politics without Ismail – an incident Ismail's young son found disturbing as Ismail had yet to be declared dead. Catterall laboured for five hours to save Ismail, but to no avail. Ismail's official time of death was later pronounced as 10PM. Without Ismail, the country was momentarily leaderless, without an acting prime minister. Tun Razak ordered that he be laid in state at
8364-439: The same term [REDACTED] This disambiguation page lists articles associated with the title Internal Security Act . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Internal_Security_Act&oldid=1025263050 " Category : Disambiguation pages Hidden categories: Short description
8466-427: 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. " Section 8(1) theoretically restricts detention to a period not exceeding two years but this limit is readily circumvented because under Section 8(7),
8568-445: The similar Emergency Ordinance on several occasions. Prime Minister Najib Razak first announced the proposed repeal of the ISA on 15 September 2011 when he claimed that the repeal was made "to accommodate and realise a mature, modern and functioning democracy; to preserve public order; enhance civil liberty and maintain racial harmony." The ISA is to be repealed and replaced by the Security Offences (Special Measures) Act 2012 which
8670-543: The sister of Onn Ja'afar , the Menteri Besar (Chief Minister) of Johor . The remarriage was encouraged by Sultan Ibrahim of Johor, who sought to unite the Johor aristocracy by blood. Abdul Rahman himself almost became Menteri Besar according to Ismail, but failed because he "refused to indulge in intrigues". Ismail was raised by his maternal grandmother due to his mother's various illnesses and received his primary education at Sekolah Bukit Zaharah, although his education
8772-525: The timing and delay of the repeal. Several opposition parties such as the Pan-Malaysian Islamic Party (PAS), the Democratic Action Party (DAP) and Parti Keadilan Rakyat (PKR) have spoken out against the ISA. Many of them have leaders or prominent members who were held under the ISA, such as Mohamad Sabu of PAS, Lim Kit Siang , Karpal Singh and Lim Guan Eng of the DAP, and Anwar Ibrahim of
8874-477: The view that the Internal Security Act is essential to the security of this country especially when democracy is interpreted the way it is interpreted in this country. To those in opposition to the government democracy is interpreted to mean absolute freedom, even the freedom to subvert the nation. When cornered by the argument that democracy in the Western sense means freedom in an ordered society and an ordered society
8976-438: The wake of the riots. During this period, several Malay " ultras " such as Mahathir Mohamad and Musa Hitam called for the resignation of the Prime Minister, Tunku Abdul Rahman . Mahathir penned an open letter to the Tunku, accusing him of "giving the Chinese what they demand ... you have given them too much face." Soon, students at higher educational institutions across the country began to hold mass demonstrations, calling for
9078-458: Was a Malaysian politician who served as the second Deputy Prime Minister of Malaysia from September 1970 to his death in August 1973. A member of the United Malays National Organisation (UMNO), he previously held several ministerial posts. Ismail has been called "the man who saved Malaysia" for his actions as Minister of Home Affairs after the 13 May incident of racial rioting in 1969. Ismail
9180-678: Was born on 4 November 1915 in Johor Bahru , Johor. He was the son of Abdul Rahman Mohamed Yassin , who was of Buginese descent. Abdul Rahman was the first President of the Dewan Negara (Senate) of the Parliament of Malaysia , and also the first chairman of Malayan Banking . His maternal grandfather was Abu Bakar Abdullah, an ethnic Chinese convert to Islam and former State Treasurer of Johor. After Ismail's mother, Zaharah Abu Bakar, Abdul Rahman's wife, died in 1936, Abdul Rahman remarried Kamariah,
9282-451: Was defused by the Tunku refusing to see Ismail, who eventually calmed down and put the incident behind him, behaving "as if nothing had happened." Ismail was later persuaded by his brothers not to quit, but to instead transfer to a different ministry. He was then made the new internal security minister, a post which had been specifically created for him. In 1962, he was appointed to the portfolio of home affairs as well. In these roles, Ismail
9384-583: Was first implemented in Malaya by the British in 1948 to combat the armed insurgency of the Malayan Communist Party during the Malayan Emergency . The Emergency Regulations Ordinance 1948 was enacted by the British High Commissioner Sir Edward Gent . It allowed the detention of persons for a period not exceeding one year. This ordinance targeted acts of violence and only imposed temporary detention. The Malayan Emergency ended in 1960 and
9486-405: Was impossible to influence people to support the independence movement merely by writing articles because time was against it and in any case all the newspapers that enjoyed a wide circulation were not anxious to do the wrong thing against the government in power. It was also impractical for the intellectuals to form their own party because such a party would not get mass support. The only alternative
9588-424: Was in charge of detaining people under the controversial Internal Security Act (ISA), which permits detention without trial. After resigning in 1967, Ismail expressed amazement that he was not "the most hated man in Malaya" for his actions. Although many were critical of the ISA, Ismail believed it was necessary for public order, stating that "Abuse of the Act can be prevented by vigilant public opinion via elections,
9690-494: Was interrupted by frequent trips to see distant relatives. Ismail's initial friends were predominantly Malay, but when he continued his education at the English College Johore Bahru , Ismail gravitated to non-Malays due to his interest in the opposite sex – Chinese girls often being given more freedom to mingle than their Malay counterparts in those days. Ismail later said: "I am convinced that this early mingling with
9792-634: Was lauded as a "giant-killer" for his landslide victory against Onn, who had been the favourite. Ismail was also instrumental in gaining a greater amount of autonomy for the local government, when in 1954 the Alliance government (a coalition of UMNO and the Malayan Chinese Association or MCA) decided to boycott the British-backed local elections. When the British High Commissioner Donald MacGillivray met with
9894-510: Was particularly upset that the lying in state had been held in the National Mosque instead of the Houses of Parliament, as he had intended that non-Muslim Malaysians be able to view the lying in state without discomfort. Tun Sardon Jubir attempted to justify his instructions by citing a mufti who had informed him that Muslims could not be buried under a roof. The Tunku was exasperated by this explanation, remarking: "My forefathers are all buried in
9996-548: Was passed and given the royal assent on 18 June 2012 but is not yet in force as of July 2012 as it is still waiting for the date of commencement to be announced by the Minister of Home Affairs , Hishammuddin Hussein . On 9 July 2012, Najib Razak was reported to have said that the ISA was scrapped because it did not help the ruling government politically. Ismail Abdul Rahman Tun Dr. Ismail bin Abdul Rahman ( Jawi : إسماعيل بن عبدالرحمن ; 4 November 1915 – 2 August 1973)
10098-451: Was seen that way by the different races. He was the Rock of Gibraltar. Once he decided on something you could be sure that he had gone through the relevant details and studied them. What is confidence unless it is based on the people’s belief in the leader?" In 1970, he was appointed as the second deputy prime minister, replacing Tun Abdul Razak , who had been elevated to prime minister following
10200-468: Was set free on the same day. Due to the alleged draconian nature of the ISA, several human rights organisations and opposition political parties have strongly criticised the act and called for its repeal. Foreign governments, notably that of the United States, have also pressured the government to repeal the act. After the promise to repeal the ISA made in September 2011, there was nonetheless cynicism about
10302-516: Was to join a political party that already had mass support and which could be directed to fight for the independence of the country. In 1950, Ismail married Norashikin Mohd Seth (nicknamed Neno) in an arranged marriage . On passing through Kuala Lumpur on the way to their honeymoon in Penang, they met Tunku Abdul Rahman , who would later succeed Onn Jaafar as President of UMNO. Ismail later recounted that
10404-514: Was treated as an equal and that this was the way he would want to treat other people as well." In 1946, the British formed the Malayan Union , a polity seen as infringing on the special position of the Malays and the Malay Rulers . Ismail's family was heavily involved in the anti- Malayan Union campaign led by the United Malays National Organisation (UMNO). After the successful campaign led to
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