Malaysia
considers the armed Sulu intruders who killed eight Malaysian security
personnel in Lahad Datu and Semporna, Sabah, as terrorists, and this was shared
by Philippine Foreign Secretary Albert F. Del Rosario. “Secretary Rosario agreed that this group should be labelled as
terrorists,” Foreign Minister Datuk Seri Anifah Aman said in a statement
today.
The
Malaysian Insider (Quoted from BERNAMA)(5 March 2013) http://www.themalaysianinsider.com/malaysia/article/kl-manila-consider-sulu-intruders-as-terrorists
In dealing with the above-mentioned matters, “terrorist”,
“terrorist act” etc., are within the scope of
Malaysian PENAL CODE (REVISED - 1997). CHAPTER
VI A of the said Code is relating to OFFENCES RELATING TO TERRORISM
Section 130B
“terrorist" means any person who--(a) commits, or attempts to commit, any terrorist act; or
(b) participates in or facilitates the commission of any terrorist act;
and includes a specified entity under section 66B or section 66C of the Anti-Money Laundering Act 2001;
"terrorist entity" means any entity owned or controlled by any terrorist or terrorist group and includes an association of such entities;
"terrorist group" means--
(a) an entity that has as one of its activities and purposes the committing of, or the facilitation of the commission of, a terrorist act; or
(b) a specified entity under section 66B or section 66C of the Anti-Money Laundering Act 2001
"terrorist act" means an act or threat of action within or beyond Malaysia where—
(a) the act or threat falls within subsection (3) and does not fall within subsection (4);
(b) the act is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c) the act or threat is intended or may reasonably be regarded as being intended to—
(i) intimidate the public or a section of the public; or
(ii) influence or compel the Government of Malaysia or the Government of any State in Malaysia, any other government, or any international organization to do or refrain from doing any act.;
An act or threat of action falls within this subsection if it—
(a) involves serious bodily injury to a person;
(b) endangers a person's life;
(c) causes a person's death;
(d creates a serious risk to the health or the safety of the public or a section of the public;
(e) involves serious damage to property;
(f) involves the use of firearms, explosives or other lethal devices;
(g) involves releasing into the environment or any part of the environment or distributing or exposing the public or a section of the public to—
(i) any dangerous, hazardous, radioactive or harmful substance;
(ii) any toxic chemical; or
(iii) any microbial or other biological agent or toxin;
(h) is designed or intended to disrupt or seriously interfere with, any computer systems or the provision of any services directly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;
(i) is designed or intended to disrupt, or seriously interfere with, the provision of essential emergency services such as police, civil defence or medical services;
(j) involves prejudice to national security or public safety;
(k) involves any combination of any of the acts specified in paragraphs (a) to (j);
and includes any act or omission constituting an offence under the Aviation Offences Act 1984.
An act or threat of action falls within this subsection if it—
(a) is advocacy, protest, dissent or industrial action; and
(b) is not intended—
(i) to cause serious bodily injury to a person;
(ii) to endanger the life of a person;
(iii) to cause a person's death; or
(iv) to create a serious risk to the health or safety of the public or a section of the public
(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.
Further, by virtue of section
130KA (Member of a terrorist group) of the said Code, whoever is a member of a terrorist group shall be
punished with imprisonment which may extend to imprisonment for life and shall
also be liable to a fine
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