PETALING JAYA: Describing the Registration of Criminals and Undesirable Persons Act as an archaic law, legal experts say amendments proposed by the government will allow those on the list to have the right to a second chance in life.
However, they want discussions to be held with stakeholders on what these amendments should be.
Human Rights Commission of Malaysia (Suhakam) commissioner Ragunath Kesavan said the proposed updates and revisions to make the law more current would help put proper rules and procedures in place.
“We need to look at the weaknesses and shortcomings of the law. However, all law reforms and proposed amendments must go through public debate for feedback, with input from all stakeholders,” he said in an interview.
On Tuesday, Home Minister Datuk Seri Saifuddin Nasution Ismail said there were plans to amend the Act, aimed at wiping the slate clean for certain categories of individuals whose names were recorded by the authorities but have no criminal records.
He said there are about one million names recorded, including those classified as persons wanted by the police or those who had come under police investigation but were ultimately not charged in court.
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Asked how a person’s name can land on the list, Ragunath said it could be anyone wanted or investigated by enforcement agencies, adding that it is up to these agencies to add the names.
“The agencies will forward names with details – after double checking – to be added to the register, then to the minister, who is in charge of the list,” he said.
Those whose names are on the list usually face difficulties in moving on with their lives or getting hired, and are not eligible to be conferred with titles, added Ragunath.
Criminal litigator Tripatjit Singh said while the move to amend the law concerning the list is good, there should be a discussion on the type of persons that should be categorised under the Act.
“For those caught by the relevant authorities for investigation but were never charged in court and released thereafter, it would be unfair if there is a record of their names under the Act.
“However, the record under the Act is important in cases of those who are on the list for public security,” he said, adding that it would also allow other countries to verify those applying for visas to travel there.
Prof Dr Rozanah Ab Rahman said the proposed amendments would be helpful to clear the names of those who have been previously blocked from being hired.
The deputy dean of Universiti Putra Malaysia’s School of Business and Economics said when it comes to hiring, it depends on a company’s due diligence on prospective employees.
“Employers in Malaysia have a wide discretion in hiring employees and we do not have a legal act against discrimination.
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“So companies can use various ways to check a prospective hire, such as via third-party entities and services.
“But for criminal records, the access is restricted so you will have to go through the police.
“But then again, the company providing such services, we cannot ascertain how far their access to criminal data is.
“For example, if they are government-linked companies, they can use specific channels like the police or Malaysian Anti-Corruption Commission to check,” she explained.
Employers in Malaysia, added Prof Rozanah, tend to be more careful when hiring because the law of dismissal in the country is rigid, especially on termination.
This is because proving the reason for termination in Malaysia is usually troubling for employers.
“The right of employers to fire an employee in Malaysia is not easy. After hiring someone, it is not easy to fire them,” she said.
