Hugh Hickling

Reginald Hugh Hickling, CMG, QC (2 August 1920 – 11 February 2007), known as Hugh Hickling, was a British lawyer, civil servant, law academic, and author, and author of the controversial Internal Security Act of colonial Malaysia.

Born in Derby, England, Hickling served from 1941 until 1946 in the British Royal Navy during World War II, and then joined the Colonial Legal Service. In 1955, Hickling was posted to Malaya (now Malaysia), where he gained prominence as a lawmaker. He drafted the Constitution of Malaysia, and as Commissioner of Law Revision wrote the Internal Security Act (ISA) of 1960, which provided for the detention of persons without trial. The ISA was later used to suppress political opponents or those dedicated to non-violent activities, which Hickling later said was not his intention.

In 1972, Hickling retired from the civil service, and subsequently lectured in law in Australia, Malaysia, Singapore, and the United Kingdom. Hickling later wrote many books and law journal articles, and also wrote novels and short stories throughout his career. Hickling died in 2007 in Malvern, Worcestershire.

Early life 1920–1950

Hickling was the son of Frederick Hickling, a police inspector, and his wife Elsie,

The Internal Security Act allows persons to be detained without trial for acting in any manner prejudicial to the security of Malaysia or to the maintenance of its essential services or economic life. It is authorised by Article 149 of the Malaysian Constitution, which stipulates that if an Act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation in respect of certain situations – including organised violence against persons or property, the excitement of disaffection against the Yang di-Pertuan Agong or the government, or the promotion of feelings of ill-will and hostility between different races or classes of the population likely to cause violence – then any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with certain articles of the Constitution guaranteeing fundamental liberties. Upon Singapore's independence from Malaysia in 1965, the island republic retained both the Internal Security Act and Article 149 of the Constitution in its statute book. The Internal Security Act 1960 in Malaysia would remained in force for 52 years until its eventual repeal in 2012 and was replaced by SOSMA.

According to the New Straits Times, Hickling later wrote in 1989, "I could not imagine then that the time would come when the power of detention, carefully and deliberately interlocked with Article 149 of the Constitution, would be used against political opponents, welfare workers and others dedicated to nonviolent, peaceful activities." However, he commented that it was not for him to say if the Internal Security Act should be scrapped. "As a lawyer, I'm all for its review but on whether it should be scrapped, I don't know. You've got a multi-racial society [in Malaysia] in which emotions can run high very quickly." Interviewed on the Australian Broadcasting Corporation's radio programme PM in April 2001, Hickling agreed with the interviewer, Geoff Thompson, that he supported the law's continued existence and said he was "sorry to say that, in the light of my own experience, I'm inclined to think you couldn't really safely get rid of it at the moment". Worldwide terrorist attacks such as 9/11 confirmed his views on the matter.

Academia and later life 1972–2007

After retiring from the civil service, Hickling became a law academic. He was a lecturer at the School of Oriental and African Studies in London (which awarded him a Doctor of Philosophy (PhD) in Law) from 1976 to 1978 and from 1981 to 1982 He was also adjunct Professor of Southeast Asian Law at the Universiti Kebangsaan Malaysia (National University of Malaysia) in Bangi, Selangor, for six years.

He authored books and law journal articles, particularly about public law in Malaysia and Singapore; some of the latter were collected into two works, Essays in Malaysian Law (1991) and Essays in Singapore Law (1992). In 1995, in recognition of his reputation and standing in the legal profession, he was appointed adjunct professor of law at the Centre of South East Asian Law at Charles Darwin University in Darwin in the Northern Territory, Australia. Until 2006, Hickling continued travelling to the Far East and Australia, delivering lectures, reviewing examination papers and visiting friends, colleagues and students. Despite his many accolades, he lived simply and impressed staff and students with his disarming humility.