JOHOR BARU – The Kota Kinabalu High Court’s decision on the “Double Six” tragedy saw access to information as a right of free speech, according to former Malaysian Bar president Salim Bashir.
Speaking to The Vibes, Salim explained that the Official Secrets Act 1972 covers the disclosure of documents regardless of whether they are related to national security matters.
At the same time, he explained, the law bestows upon the executive the right to declassify any such information.
“The Sabah High Court decision signifies that the right to information is a corollary right of free speech enshrined in our federal constitution.
“It is imperative to state that as much as we want to maintain the secrecy of some documents to protect national security, the cloak of privilege under the Official Secrets Act should not be a hindrance to good governance and transparency,” Salim said when contacted.
Yesterday, the Kota Kinabalu High Court ordered the Malaysian government to declassify documents pertaining to the June 6, 1976 plane crash that killed Sabah Chief Minister Tun Fuad Stephens and 10 others onboard.
Commenting on the judgment, Sabah Law Society president Roger Chin highlighted that the provisions under the Official Secrets Act that were introduced to give the government adequate powers to deal with foreign spies also grant wide discretion to the cabinet to decide what should be classified as confidential.
He said the legislation pertaining to the classification of secret documents is far-reaching and gives little leeway to the judiciary to act as a counter-balance.
However, Chin pointed out that the judiciary has tools to ensure that fundamental rights and freedoms are protected.
“It is proper to observe that what has now been called the principle of legality is composed of a broad statement that all power has legal limits.
“The rule of law abjures the notion of a subjective or unfettered discretion, which is a clear reference to the exercise of discretionary powers.
“The rule of law (also) demands that the courts should be able to examine the exercise of discretionary power.
“In light of this common law principle of legality, the high court’s decision is most welcome and necessary in today’s times,” Chin told The Vibes.
‘All government documents remain classified’
High court judge Datuk Christopher Chin Soo Yin, who delivered the judgment, gave the federal government three months or until June 8 to comply with the ruling.
However, University of Tasmania professor and political scientist James Chin reminded that all government documents will continue to remain classified.
“Anything that is a government document, by default, is secret.
“The laws in Malaysia are in such a way that they want to hide everything.
“This case is a specific request brought through a suit for a specific incident,” James said in a WhatsApp conversation.
Nevertheless, despite having little legal repercussions, James said, the case is still groundbreaking as it provides closure for a tragic incident that brought forth conspiracy theories.
The case was initiated by former Sabah chief minister Tan Sri Harris Salleh, who rose to the state’s top executive position after Fuad perished in the crash.
Now, with access to documents, James believes the information will put to rest conspiracy theories that declassification will reveal a smoking gun.
“This is groundbreaking because, since 1976, there have been consistent rumours that the crash wasn't an accident and the government had something to hide.
“It is my understanding that there is nothing to show beyond an accident.
“Many people in Sabah believe this is not an accident and I really hope that the government won’t appeal and release all the documents,” James added. – The Vibes, March 12, 2023
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