Child to Hang

Malaysia - A dark page was painted in the legal history of the world on August 25th when a 14 year old boy was sentenced to death in the High Court of Penang, Malaysia — the first ever case for a juvenile in a civilised country in the world.

The boy, Lim Hiang Seoh, was charged under the infamous Internal Security Act (ISA) for being in possession of a Browning pistol and 20 rounds of ammunition in a coffee shop in Penang on Febuary 14th, when he was only 13 years, 11 months old. Both offences - the possession of a gun and the possession of the ammunition carry a mandatory death sentence under section 57 (1) (A) and (B) of the USA.

The boy, who had run away from home, claimed that he had been given the gun and ammunitions in a plastic bag by a gangster who had threatened to beat him if he opened the bag. He was paid between $30 to $40 to keep the bag. He said that he kept the money be cause he had no money after he had left home. The boy maintained that he was totally unaware of the contents of the plastic bag and throughout the trial his evidence was consistant under cross-examination. On the second day of the trial, the defence council for the boy declared that all the proscecution and proved was that he was "in possession of a plastic packet containing a pistol and ammunitions."

The prosecutor, however, submitted that under the ISA, the prosecution did not have to prove that the accused knew of the contents of the packet. The informer, a 15 - year old boy who had led the detectives to the accused could not be produced and his name was not disclosed.

Section 6 of the Juvenile Courts Act provides that : "Sentence of death shall not be pronounced or recorded against a person convicted of an offence if it appears to the Court that at the time of the offence he was a juvenile person, i.e. between the ages of 10 and 18, but in lieu therefore the Court shall order him to be detained during the pleasure of the Yang Dipertuan Agong if the offence was committed in the Federal Territory or during the pleasure of the State Authority if the offence was committed in the state". But the introduction of the Essential (Security Cases) (Amendment) Regulations, 1975 reversed all these.

Section 3 (3) of the regulations provides : "Where a person is accused of or charged with a security offence he shall, regardless of age, be dealt with and tried in accordance with the provisions of these Regulations and the Orders made thereunder and the Juvenile Courts Act, 1974 shall not apply to such person."

It is also most unfair that the boy was tried under the ISA when he could have been tried under two other appropriate Acts : namely the Arms Act, 1960 where a person could be jailed for 7 years or a fine of $10,000 or both, and the Firearms Act, 1971, which provides for a prison term of up to 14 years plus a minimum of 6 strokes of the rotan. This has raised serious doubt among the public of the grounds on which an accused is to be charged under the ISA. The reason to put the boy on trial under the ISA was inexplicable except for what the Judge Arulanandom, said before passing the sentance, that "there is one thing which this trial has proved to society and especially to those people under 18 who may feel they are still priveleged and will receive a different type of treatment from adults."

The general public was shocked by the passing of the death sentance. They were angered by draconian regulations.

The Secretary of the Bar Council, Param Cumaraswamy, speaking with some emotion, said that "Laws which are manifestly unfair and unjust as to offend the conscience of all good men cannot possibly be the answer to counter any threat to security. If these Laws are not reviewed, more people will be tried under them when they could have been tried under the [unclear: Fireawns] Act. This is certainly a fearful thought for our 20th Anniversary celebrations (of independence)."

Two more boys, both aged 15 who were arrested on July 20 in Taiping, alleged with control of over 147 rounds of live ammunitions are yet to be tried. Such precedent as the death sentence on the 14 year-old boy Lim Hiang Seoh is intolerable to the public. The trial of and the verdict on Lim had the suppressive Essential Regulations nakedly exposed. The people will not remain silent over many others who have been put to death, or yet to be tried by the regulations,