Gerakan Youth calls on AGC to clear confusion on legality of public caning Chai Ko Thing: Federal law states caning must be done in prison

Gerakan legal team member cum chairman of Gerakan Youth Legal Bureau, Chai Ko Thing opined that the amendments to the Syariah Criminal Procedure Enactment 2002 passed by the Kelantan State Legislative Assembly cannot be carried out. It is because the amendments contravene some federal laws, such as the Prison Regulations 2000.

Chai said the Prison Regulations 2000 clearly states that caning must be done in prison and not in public.

“There were no Syariah prison or Syariah prison officers, therefore, I am of the view that the amended law cannot be carried out, it was because the caning officers were federal officers governed by federal law namely Prison Regulations 2000,” said Chai in a statement today.

He also pointed out that PAS leaders have previously admitted that even if Hudud receives the green light from Parliament, they still need to amend the Prison Act 1995 to empower the prison officers to execute the punishment of cutting limbs.

“Similarly, unless PAS can successfully amend the federal law, otherwise, the Syariah courts have no jurisdiction to impose public caning against the offender,” said Chai.

Chai reiterated that it is never a convention in our country to cane publicly be it civil or Syariah offences.

He regretted the amendments were tabled and passed in the Kelantan State Legislative Assembly despite its clear inconsistency with a federal law. He said Gerakan Youth calls on the Attorney-General’s Chambers to clarify on the matter and clear confusion.

He said the move by PAS was a desperate attempt to win votes in Kelantan. Hence, he said Gerakan Youth calls on Kelantan state government to adhere to settled law and principles on caning as stated in the Prison Regulations 2000, and abandon its push for public caning.

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