Security Offences (Special Measures) Act 2012

Independence and the Making of Malaysia · Treatise · 7 min read

What Is Article 149 and Malaysia Security Clause?

Article 149 Is Like a Shadow: It Tells You That the Fear of the Emergency Did Not Disappear on Independence Day

Part II writes of fundamental liberties, but the Constitution also writes of national security exceptions. Article 149 allows Parliament, when facing subversion, organized violence, incitement of disaffection against the Yang di-Pertuan Agong or government, inter-communal or inter-class hostility, unlawful alteration of the legal order, or threats to public order or security, to enact specific laws, even if these laws are inconsistent with certain fundamental liberty provisions. This article does not defend any security law, nor does it portray security pressure as a fiction; it simply explains why freedom has been written alongside fear in the same constitution from the very beginning.