SHAH ALAM: The Federal government is believed to have issued an order to Selangor to stop the public release of a declassified investigation report on the Bukit Antarabangsa landslip.According to sources, the Federal authorities are claiming that Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim (picture) acted outside his jurisdiction in declassifying a confidential Public Works Department (PWD) report.
Khalid used provisions under Section 2(c) of the Official Secrets Act (OSA), which allows ministers and mentris besar to declassify the document. He announced that the public could obtain copies of the full report at the Ampang Jaya Municipal Council (MPAJ) at a reasonable cost, starting Monday.
The report on the Dec 6 tragedy, in which five people were killed and millions of ringgit were incurred in damages, was prepared by the PWD and submitted to MPAJ.
After chairing the state executive council meeting last week, Khalid said summarised copies of the report would be distributed free.
He said the main cause of the landslide, which damaged 14 bungalows, was leakage of active water supply pipes that had been installed along abandoned houses.
He said a PWD technical committee found that the landslide was at least partly caused by water retention in the area due to leaks. But the report did not say who was responsible.
Immediately after Khalid had announced that the report had been declassified, Minister in the Prime Minister’s Department Datuk Liew Vui Keong said he might have acted beyond his jurisdiction.
Liew said Khalid had to obtain the consent of the ministry that had classified the report before declassifying it. Since the report was prepared by the PWD, he added, it was most likely it had been classified by the Works Ministry.
Selangor executive councillor Ronnie Liu and lawyer Derek Fernandez had a different opinion.
According to Liu, the report belonged to the state since the PWD had submitted it to the MPAJ.
Fernandez, who specialises in local government and environmental issues, said Khalid acted within his powers.
He said Liew might have been confused as to the application of the provision where consent of the minister was needed.
He noted that the Menteri Besar had declassified a Section 2 (b) Official Secret Act (OSA) report and had done so in accordance with Section 2 (c) of the same act.
He said Liew’s view that consent was needed was applicable only to a Section 2 (a) issue.
“For example, if the Menteri Besar said that he wanted to declassify all Cabinet reports from now onwards, he would not be able to do so as consent must first be obtained from the minister. Only the minister has the authority to add, delete or amend any provision of the Schedule," he said.
"But if the Menteri Besar says that he plans to declassify a particular Cabinet paper or he plans to declassify a particular report, he would be allowed to do so without first obtaining consent.”
Section 2 (c) of the OSA reads:
"A minister or public officer charged with any responsibility in respect of any ministry, department or any public service or the Menteri Besar or the chief minister of a state or the principal officer in charge of the administrative affairs of a state may, at any time, declassify any document specified in the Schedule or any official document, information or material as may have been classified."
Fernandez said Khalid had clearly acted within his powers.
He said it did not matter how the report came into the hands of the Menteri Besar as long as he did not obtain it unlawfully.
Liu said that if Liew felt it was not within the Menteri Besar’s jurisdiction to declassify the report, then the Federal government should do it.
Victims of the landslip questioned the need to keep the report confidential.
They said they needed the report to make insurance claims and secure compensation.
They also said the report would enlighten them and other members of the public on the dangers of living in hilly areas.
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