What specific provisions in SOSMA apply to actions detrimental to democracy?

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Specific Provisions in SOSMA Applicable to Actions Detrimental to Democracy Remain Unspecified

The application of the Security Offences (Special Measures) Act (SOSMA) to actions detrimental to parliamentary democracy, as exemplified by the detention of Datuk Seri Khairuddin Abu Hassan, is confirmed by senior police officials. While Section 124C of the Penal Code defines acts against parliamentary democracy, the specific provisions within SOSMA that govern such security offences have not been detailed.
Applicability of SOSMA to Penal Code Offences

Deputy Inspector-General of Police Datuk Seri Noor Rashid Ibrahim stated that Section 124C of the Penal Code, which addresses acts against parliamentary democracy, is also considered a security offence under SOSMA. This means that while the Penal Code outlines the offence itself, the procedural framework for investigation and detention falls under SOSMA. This dual application allows for the use of preventive detention measures available under SOSMA for offences that undermine democratic processes.
Categorisation of Khairuddin's Actions as Sabotage

Inspector-General of Police Tan Sri Khalid Abu Bakar previously characterised Datuk Seri Khairuddin Abu Hassan's actions, specifically lodging formal reports in foreign countries concerning 1Malaysia Development Bhd (1MDB), as sabotage against Malaysia. This classification as sabotage, which falls under Sections 124K and 124L of the Penal Code, further justifies the invocation of SOSMA, as these are considered serious security offences. Khairuddin's detention period under SOSMA was initially set for 28 days.
Procedural Framework Under SOSMA

The legal procedures initiated against Khairuddin were conducted under SOSMA from the outset, according to Noor Rashid. He clarified that the Penal Code defines the offence, but SOSMA dictates the procedure. This indicates that the investigative powers, detention periods, and potential referral to the public prosecutor for decision, as outlined in SOSMA, are being utilised in this case. The investigation outcomes are subject to review by the deputy public prosecutor, with a possibility of concluding the investigation earlier than the maximum detention period.

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What specific provisions in SOSMA apply to actions detrimental to democracy?

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