Controversial legislation may be reviewed
Law Reform Committee also studying other outdated laws
LIEW: The archaic law would be looked into
THE controversial Section 498 of the Penal Code, once “obscure” to many until the high profile case involving TV presenter, host and brand ambassador Daphne Iking surfaced, may be reviewed along with other “archaic” laws. Deputy Minister in the Prime Minister’s Department Datuk Liew Vui Keong told Malay Mail yesterday that the possibility of reviewing the piece of legislation, which gained “prominence” when Daphne’s husband, Ryan Chong, filed a court case against managing director Choy Khin Ming “for enticing or taking away or detaining with criminal intent a married woman”, would be looked into.
“There exist many archaic laws in the country and we would take this into account, especially if such laws are affecting a person or groups of persons,” said Liew, who heads the Law Reform Committee under the PM’s department formed in April to review outdated and archaic laws in the country. It also depends on the political will of the government of the day. If it is really affecting the people then in line with the government’s call of “rakyat didahulukan” (people first), the people’s interest would be the priority.”
Lawyers Malay Mail spoke to when the case came into prominence last month had lambasted the legislation, saying that it had been framed in the “old days” when “married women were enslaved to their husbands”.
One lawyer had also said that the law needs to be reviewed as having sex with a married woman is not illegal but enticing her away from her husband is. Activists have also said that Section 498 of the Penal Code should be repealed as it demeans women, violates their dignity and also denies their ability to decide for themselves. Liew said this was the first time there has been a request to repeal the legislation.
“The committee would definitely take into consideration the views of the public as well as non-governmental organisations. The committee aims to be fair We have to be fair to everybody and we will certainly look into it.”
Liew said the committee has been compiling archaic laws that needed attention and lumped them together in groups based on a “decade by decade” system. For example, laws drafted between 1950 to 1960 are in the same group.
“There are many archaic laws in the country which have been “sitting on the shelves in law books” that need to be looked into. We need to look at each of them carefully before deciding if they need to be reviewed.”
Liew said the entire amendment process may take two years.
“The committee will take about three to six months to look into the piece of legislation that needs to be amended, before we get a Cabinet’s approval. It would then be referred to the Attorney-General’s Chambers, while ministries affected by amendments to the legislation would also give their feedback on the matter. Then, the laws would be debated and amended in Parliament.”