KUALA LUMPUR: A new law focusing on espionage and spying is essential to address the gaps in offences related to foreign intelligence that use this country as a base for their activities, according to legal expert Professor Dr Nik Ahmad Kamal Nik Mahmood.
He noted that although there was a provision in the Penal Code - Section 124M for espionage, it is insufficient.
"The Penal Code contains only one provision on espionage. The question is whether this single section is adequate to address the activities of foreign spies. If it's deemed inadequate, then there's a need to draft a new law that specifically targets espionage and spying activities.
"Having a separate Act to comprehensively cover all aspects of espionage and illegal intelligence gathering would significantly strengthen the law against foreign espionage," he said when contacted today.
Nik Ahmad Kamal said the absence of a robust legal framework to counter these threats rendered the country susceptible to manipulation and exploitation, posing significant risks to its sovereignty and the well-being of its citizens.
"Therefore, there is an urgent need to expedite the enactment of such legislation, and I am all for such legislation to be passed here," he said.
Nik Ahmad Kamal was responding to a question about whether anti-espionage legislation should be expedited to act as a bulwark against foreign intelligence operatives using this country as a staging ground for their clandestine activities.
This is in the wake of an Israeli man who was recently nabbed with six guns and 200 rounds of ammunition.
Earlier today, Inspector-General of Police Tan Sri Razarudin Husain told a press conference that the man would be charged in court this week, adding that investigations were ongoing to ascertain his true motives for possessing firearms.
Regarding potential charges against the Israeli man, Nik Ahmad Kamal said, "He could face charges under the Firearms (Increased Penalties) Act 1971, which is an enhanced version of the Arms Act 1960, carrying a maximum penalty of 14 years' imprisonment with caning.
"Additionally, he could also be charged under the Section 124M of the Penal Code, in which whoever, by any means, directly or indirectly, commits espionage shall be punished with imprisonment for life."
In December 2022, it was reported that Malaysia was drafting a law that aimed at preventing foreign intelligence operatives from utilising the country as a base for their covert operations.
This comes after a series of high-profile covert operations mounted by foreign intelligence services, including the assassination of Kim Jong-nam, the half-brother of North Korean strongman Kim Jong-un, and more recently, the abduction of a Palestinian in Kuala Lumpur.
Then National Security Council (NSC) director-general Datuk Rodzi Md Saad told the New Straits Times that the proposed law would also serve as a guideline for civil servants when dealing with foreign officials and sensitive national issues and secrets.
He said legal experts were studying Australia's Anti-Espionage and Foreign Interference Act, as well as Singapore's Foreign Interference (Countermeasures) Act.