Background to the Regulations

The Essential Regulations were hastily declared in 1975 in the wake of intensified guerrilla activities in the country. However, they have been more successful at stamping out the remnants of democratic rights of the people, than at catching guerrillas. Under the Regulations, hearsay is admitted as evidence, witnesses are allowed to testify masked, and the accused is presumed guilty until proven innocent. In short, the Regulations turn basic legal tennet on its head, and remind one of the laws which operate in fascist countries. As such, the Regulations have been severely condemned by legal profession at home and abroad.

A series of confrontations between the government and the Malaysian legal profession followed the promulgation. The government amended the Legal Profession Act to muffle the voices of the lawyers. When lawyers threatened to boycott security trials, the government declared that foreign lawyers would be used in their place.

To date, 44 people have been sentenced to death under the Regulations. A 14-year old boy was sentenced to death but the government was forced to commute the sentence under a powerful domestic and international campaign.