KUALA LUMPUR: Further amendments to the Penal Code (Amendment) Bill have been tabled, with the government completely withdrawing clauses which proposed a hefty jail sentence and a fine to those who insult the Jalur Gemilang and other national emblems and those accused of vandalism

The notice was given to all MPs yesterday morning.

Clause 5 of the amendments to the Penal Code sought to introduce a new section 121E which touches on specific offences relating to the improper use of national emblems and flags of foreign nations.

Section 121E (1) states that whoever mutilates, defaces, physically defiles, burns, destroys, insults or questions with the intention of dishonouring any national emblem or flag of a foreign nation, faces a jail term of five to 15 years and a fine upon conviction.

Section 121E (2) provides that anyone who promotes the use of a flag that purports to represent Malaysia other than the Malaysian flag faces a similar jail sentence upon conviction.

There was much debate on Monday from both sides of the political divide on the government’s rationale to “criminalise” such offences.

Pengerang MP Datuk Seri Azalina Othman was among Barisan Nasional lawmakers who felt that the jail sentences were too harsh and a mandatory counselling session would be more appropriate to deal with offences that concern the national emblems.

The government yesterday also completely withdrew the new Clause 33 which concerns vandalism and carries a jail term of up to three years.

Minister in the Prime Minister’s Department Nancy Shukri told reporters that Clause 5 will most likely be covered by the National Harmony Act.

As for the clause concerning vandalism she said the essence of the amendment was to reflect an act more serious than vandalism.

“Vandalism can be covered through by-laws under local authorities. Even though we still feel that it should be in there, we need to reword it.

“Vandalism sounds so minor which can be covered by the by-law. [But] we are not talking about vandalism per se. We are talking about more serious crimes,” she said.

She said since lawmakers are not the ones who implement the law, its full impact was not obvious.

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This article first appeared in The Edge Financial Daily, on October 23, 2013.