Malaysia: 1) Information on the possible repercussions for returned Malaysians who have served sentences for drug offenses outside Malaysia. 2) Information on amendment to the Dangerous Drugs (Special Preventive Measure) Act 1989 (Act A738) with sections IID (1) and II E, taking away the right to judicial review of a decision by the King or Minister, including the writ of Habeas Corpus (detention up to two years). 3) Verification that a Malaysian can be stripped of his/her nationality for drug offenses. 4) What diplomatic relationship exists between Israel and Malaysia? 5) Consequences of marrying an Israeli Jew by a Malaysian Muslim (what are the repercussions for refusing to convert to Islam?)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1990 |
| Citation / Document Symbol | MYS3635 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Malaysia: 1) Information on the possible repercussions for returned Malaysians who have served sentences for drug offenses outside Malaysia. 2) Information on amendment to the Dangerous Drugs (Special Preventive Measure) Act 1989 (Act A738) with sections IID (1) and II E, taking away the right to judicial review of a decision by the King or Minister, including the writ of Habeas Corpus (detention up to two years). 3) Verification that a Malaysian can be stripped of his/her nationality for drug offenses. 4) What diplomatic relationship exists between Israel and Malaysia? 5) Consequences of marrying an Israeli Jew by a Malaysian Muslim (what are the repercussions for refusing to convert to Islam?), 1 January 1990, MYS3635, available at: https://www.refworld.org/docid/3ae6ac4b50.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1) and 2) The death penalty was introduced in 1975 as a maximum punishment for drug offenses under the Dangerous Drugs Act of 1952 [ Amnesty International, Urgent Action, Death Penalty, Malaysia: Lim Thean Seong, (London: AI ASA 28/14/88, 21 October 1988).]. In 1983, another amendment made application of the death penalty mandatory for drug trafficking offenses that involved more than 200 grams of cannabis, 15 grams of heroin or morphine, or 1,000 grams of opium [ Ibid.]. In the summer of 1989, even a foreigner (a British citizen) accused of drug trafficking was executed under the Dangerous Drugs Act, thus bringing to 13 the number of people hanged for drug offenses in 1989 [ Amnesty International, Urgent Action, Death Penalty, Derrick Gregory, (London: AI ASA 28/13/89, 21 July 1989).]. The provisions of the Dangerous Drugs Act of Malaysia, decreeing mandatory application of the death penalty for drug offenses, is labelled the "world's toughest anti-drug law" [ Tierney B. "Malaysia's Deadly War Against Drugs", Toronto Star, 1 May 1988.].
3) A Malaysian national can be stripped of his citizenship if:
"he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced" [ Groves H.E., S.A. Holt and K.R. Rush, "Malaysia", in: Constitutions of the Countries of the World, A.P. Blaustein and G.H. Flanz, eds., (Dobbs Ferry, N.Y.: Oceana, 1988), p. 27-28, article 25, section 1c.].
4) Israel has no diplomatic representation in Malaysia [ The Far East and Australasia 1989, (London: Europa, 1989), p. 651.]. Malaysia, moreover, officially supports the Palestine Liberation Front (PLO) against Israel [ Kurian G.T. Encyclopedia of the Third World, vol.II, (New York and Oxford: Facts on File, 1987), p. 1268.]. The November 1986 visit to Singapore by Israeli President Herzog led the Malaysian government to break off relations with Singapore [ Parfitt T. The Jews of Africa and Asia: Contemporary Anti-Semitism and Other Pressures, (London: Minority Rights Group, 1987), p. 10.].
5) The Muslim faith is an integral part of Malay identity, and the influence of Islam in the life of Malays is very significant [ Stubbs R. "Why Can't They Stay in Southeast Asia? The Problems of Vietnam's Neighbours", in: Southeast East Asian Exodus: From Tradition to Resettlement, E.L. Tepper, ed., (Toronto: Canadian Asian Studies Association, 1980), p. 118.]. Religious tolerance towards non-Muslims is very low, as demonstrated by numerous incidents involving the slaughter of non-Muslims in the last few years [ Dassé M. "Asie du Sud-est", in: L'état des religions dans le monde, M. Clévenot, ed., (Paris and Montréal: La découverte, le Cerf and Boréal, 1987), p. 277-278.]. Non-Malays have been concerned over Malay special rights provisions in Malaysian law [ Lim Mah Hui, "Contradictions in the Development of Malay Capital: State, Accumulation and Legitimation", in: Sociology of "Developing Societies", Southeast Asia, J.G. Taylor and A. Turton, eds., (New York and London: Monthly Review Press, 1988), p. 22-24.]. It is a fact that Chinese who marry Malays generally have to convert to Islam in order for their union to be socially and legally accepted [ Winzeler R.L. "Ethnic Complexity and Ethnic Relations in an East-Coast Malay Town", Southeast Asian Journal of Social Science, 2(1-2), 1974, p. 50; "Going by the Book", Asiaweek, 11 August 1990, p. 28.]. Jews are practically non-existent in Malaysia, and anti-semitism is still very strong; in 1984, for example, the New York Philharmonic orchestra, on tour in Malaysia, was prevented from playing the works of Jewish composer Ernest Bloch [ Parfitt, ibid.]. There is a good deal of concern in Malaysia with the "Zionist threat" in the world [ Ibid.].
