Section 13 of the SOSMA, prohibiting bail for terrorism-related charges, is constitutional, reaffirming the legislature's power to enact security laws while respecting judicial authority.

Collin Lawrence Sequerah J:

Introduction

[1] This an application by the applicant/accused ("accused") for bail pending trial. The accused is charged under s 130J of the Penal Code for providing support to the Liberation Tigers of Tamil Elaam ("LTTE") and under s 130JB of the for possessing items relating to LTTE.

[2] These charges read as follows:

130J. Soliciting or giving support to terrorist groups or for the commission of terrorist acts.

(1) Whoever knowingly and in any manner solicits support for, or gives support to:

(a) any terrorist group; or

(b) the commission of a terrorist act,

shall be punished with imprisonment for life or imprisonment for a term not exceeding thirty years, or with fine, and shall also be liable to forfeiture of any property used or intended to be used in connection with the commission of the offence.

(2) For the purpose of subsection (1), "support" includes:

(a) an offer to provide, or the provision of, forged or falsified travel documents to a member of a terrorist group;

(b) an offer to provide, or the provision of, a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

(c) entering or remaining in any country for the benefit of, or at the direction of or in association with a terrorist group;

(d) becoming a member of a professing membership of a terrorist group;

(e) arranging, managing or assisting in arranging or managing a meeting to further the activities of a terrorist group;

(f) using or possessing property for the purpose of committing or facilitating the commission of a terrorist act;

(g) accumulating, stockpiling or otherwise keeping firearms, explosives, ammunition, poisons or weapons to further the activities of a terrorist group;

(h) arranging, managing or assisting in arranging or managing the transportation of persons to further the activities of a terrorist group;

(i) travelling to, entering or remaining in any foreign country to further the activities of a terrorist group or to commit a terrorist act;

(j) encouraging or inducing any person to leave Malaysia to further the activities of a terrorist group or to commit a terrorist act; or

(k) using social media or any other means to:

(i) advocate for or to promote a terrorist group, support for a terrorist group or the commission of a terrorist act; or

(ii) further or facilitate the activities of a terrorist group.

130JB. Possession, etc. of items associated with terrorist groups or terrorist acts.

(1) Whoever:

(a) has possession, custody or control of; or

(b) provides, displays, distributes or sells,

any item associated with any terrorist group or the commission of a terrorist act shall be punished with imprisonment for a term not exceeding seven years, or with fine, and shall also be liable to forfeiture of any such item.

(2) In this section:

"item" includes publications, visual recordings, flags, banners, emblems, insignia and any other thing displaying symbols associated with a terrorist group, terrorist act or ideology of a terrorist group;

"publications" includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof.

[3] While both these sections create substantive offences, they are procedurally governed by the Security Offences (Special Measures) Act 2012 (" SOSMA "). Section 2 states that the Act shall apply to security offences.

[4]Section 3 SOSMA which is the interpretation section states that "security offences" means the offences specified in the First Schedule thereto. Offences under Chapter VIA of the Penal Code are listed under the First Schedule. Sections 130J and 130JB fall under Chapter VIA of the . Chapter VIA concerns (Offences Relating to Terrorism)