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Malaysia Today - Your Source of Independent News

Shukri: Govt may come up with Bill to replace Emergency Ordinance
What are BITs, FTAs and the TPPA?
Is Education Act 1996 unconstitutional?
Anwar: PAS to contest Kuala Besut
Banning DIBS long overdue
'Shame, shame, shame': Australia's first Muslim frontbencher abused for taking oath on Koran
After five delays, doubts over KLIA2 contractors meeting next year's deadline
Sultan: Respect my decision
PRK Kuala Besut: Fakta Azmin tak betul - Mustafa
Law requires Chinese to visit their aging parents
Ex-judge slams Bar Council for “retire forever” call
Selangor to push local elections Bill next year
Both parents must give consent: Gerakan
PAS pecat ahli terlibat kegiatan Syiah
Spent forces and secret deals
How did EC spend RM400m?
‘Conversion Bill based on existing guidelines’
Changing values (UPDATED with Chinese translation)
Bar: Don't allow retired judges to appear in court as counsel
Selangor, Perak muftis tell critics of child conversion law to back off
Even if PAS wins Besut, ‘BN will rule’
A response to Idris Jala (Part 3)
Betrayal of non-Muslim Cabinet members
‘Dialogue option with Pakatan still open’
‘BR1M inconsistent with poverty rate’

Shukri: Govt may come up with Bill to replace Emergency Ordinance

Posted: 01 Jul 2013 01:00 PM PDT

(The Star) - There are growing calls for stronger preventive action against criminals in the wake of disturbing crime incidents.

This follows concerns from the police and public over the rise in violent crime – which has been attributed partly to criminals being back on the street after the Emergency Ordinance was abolished in 2011 following criticisms that it was draconian and undemocratic.

Since then, nearly 2,000 criminals have been released.

Minister in the Prime Minister's Department Nancy Shukri said a new preventive law might be considered if it could help lower the crime rate.

"We are studying how we can overcome this problem. If we need to have a new law, so be it," said Nancy when asked in the Parliament lobby.

Former Inspector-General of Police Tan Sri Musa Hassan said: "We need to have laws where we can take action and get the criminals or gangsters out of the community.

"The victims need protection and preventive laws can provide that," he said.

He added that in the past, the police would use preventive laws to obtain evidence from the victims, especially in cases involving gangsterism and syndicates.

"Sometimes victims of crimes are afraid to give their cooperation as the cases involved gangsters.

"Preventive laws enabled the victims to give evidence without going to court ... such action will then lead to preventive detention," he said when contacted.

Musa said the concept of natural justice existed under the preventive laws, as there was an advisory board to review the cases to avoid biasness.

Several groups are also supportive of the call to have a new law to check violent crimes, provided safeguards are put in place to make sure there is no room for abuse.

Malaysian Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye agreed that while there was a need for a new legislation for the authorities to deal with violent crimes, there should also be checks and balances to prevent abuses.

"Preventive laws are not meant to be short cuts into investigation of cases," he said.

MCA vice-president Gan Ping Sieu, a lawyer by training, said getting the police to provide evidence to justify arrests and having avenues for detainees to appeal against their arrests, are among the mechanisms that should be put in place if the Government was seriously looking into coming up with a new preventive law.

"We are dealing with a different breed of criminals now.

"I feel there is a necessity for it (preventive law) as long as safeguards are in place against abuses," he said.

Lawyer and MCA legal bureau chief Tay Puay Chuan cautioned that any new legislation must straddle between tackling crime and addressing human rights.

What are BITs, FTAs and the TPPA?

Posted: 01 Jul 2013 12:57 PM PDT

Malaysia should learn from Peru's experience and be most cautious about signing any BITs or FTAs that a company like Lynas may later use against Malaysia.

Lim Mah Hui, FMT

On June 14, 2012, Malaysiakini reported that Malay Economic Action Council representatives walked out of a meeting with the Ministry of International Trade and Industry (MITI) because the latter was unwilling to disclose details of their negotiations on the TPPA (Trans-Pacific Partnership Agreement).

MITI has been engaging in negotiations on the TPPA for many months and is inclined to sign the agreement. To a lay person, TPPA, BITs and FTAs are dry and arcane abbreviations that do not interest us. Yet they have serious impact on our lives. So what are they and why should we bother about them?

BITs stand for Bilateral Investment Treaties, FTAs stand for Free Trade Agreements, and TPPA stands for a specific FTA called the Trans-Pacific Partnership Agreement that is currently under negotiation among a number of Pacific Rim countries including Malaysia. All these are bilateral or regional agreements signed between countries.

The US has been pushing hard for countries to sign such agreements with it. The current furore over the TPPA arises from a fear that these treaties and agreements may contain provisions on such issues as investment and intellectual property rights that could have adverse consequences on a signatory country's national policy-making capacity. For example, the tighter and more monopolistic intellectual property regimes imposed by such agreements could prevent Malaysia from producing cheaper generic versions of essential medicines patented by the major pharmaceutical corporations.

In this article, however, I shall focus only on the investment aspects of these agreements.

In the heyday of economic and trade liberalization, many countries signed bilateral investment and trade agreements with each other to promote trade and investments. There are over 3,000 BITs in existence.

The purpose of BITs (as well as the investment chapters in FTAs) is to promote and protect the investments that one country has in another country. However, it is now recognized that the first generation BITs are one-sided; they protect the interests of private investors at the expense of public interests. Many governments that have signed such treaties, without understanding the legal implications, are now paying for the mistakes.

Is Education Act 1996 unconstitutional?

Posted: 01 Jul 2013 12:53 PM PDT

Can justice Mohd Noor Abdullah tell us if the Education Act 1996 was enacted by Parliament for the purpose of dividing the people?

Jiwi Kathaiah, FMT

The former Appeal Court judge Mohd Noor Abdullah had on May 12, declared at a forum that the vernacular schools (SJKs) have no place in the national education system of this country as the Federal Constitution does not recognize them and should, therefore, be abolished.

He is reported to have raised the following points in support of his call to abolish the SKJs (Chinese and Tamil schools):

1. According to the constitution there should only be one stream of schools in this country.

2. The national-type schools (SJKs) should be abolished because the constitution does not recognize them.

3. The existence of Chinese, Tamil and private schools divides the people.

4. What is a single school? During the British era, there were government English schools, so now there should only be primary government schools and secondary government schools.

5. So the SJKs that exist today, the SJK (C) and (T), we change them to government schools. There will be no "type" schools, only primary and secondary schools.

6. If there are schools that oppose, then the way is to obtain a court order to declare that the existence of Chinese and Tamil schools is not legal and against the constitution.

7. The state funds used for Chinese and Tamil schools are not provided for under the constitution.

8. Article 12 of the constitution states that it shall not prejudice the right of the federal government or the state government to establish or help in establishing Islamic schools and incurs such expenditure as may be necessary.

For religious schools, the constitution says state funds can be used to set up such schools or to assist those who set up religious schools and to use state funds as much as needed. Where does it mention Chinese and Tamil schools?

The counter argument

A simple rebuttal to the points stated above is in order.

Point 1: If the former Appeal Court judge Mohd Noor Abdullah was referring to the Malaysian constitution, then it must be pointed out that nowhere in the constitution it is provided that "there should only be one stream of schools in this country."

Point 2: Nowhere in the constitution it is stated that SKJs are not recognized.

Anwar: PAS to contest Kuala Besut

Posted: 01 Jul 2013 12:50 PM PDT

(The Malay Mail Online) - PAS will contest in the decisive Kuala Besut by-election in Terengganu, Opposition Leader Datuk Seri Anwar Ibrahim (picture) announced yesterday.

According to a report by news portal Sinar Harian, Anwar confirmed the decision during a press conference at Parliament yesterday.

"Yes, it will be PAS candidate. I believe the state PKR chief has already explained this, and the state PKR has also agreed," Anwar was quoted as saying in the report.

He added that the choice of candidate will be also made by PAS.

"We will leave it to PAS president Datuk Seri Hadi Awang to make the decision," Anwar was quoted as saying in the report. "I have spoken to Hadi, and we will give them our utmost support."

Yesterday, PAS deputy president Mohamad Sabu said Pakatan Rakyat (PR) leaders will meet to decide whether they will boycott the by-election as suggested by the DAP.

"We are going to discuss in the coming Pakatan meeting and will make a decision," Mohamad, popularly known as Mat Sabu, told The Malay Mail Online yesterday.

PAS central working committee member Khalid Samad, however, dismissed the DAP's boycott suggestion.

"No boycott. Lawan tetap lawan (keep on fighting)," Khalid told The Malay Mail Online yesterday.

PKR deputy president Azmin Ali yesterday also said his party was fully behind PAS contesting the seat.

The Kuala Besut state seat in Terengganu fell vacant after Barisan Nasional (BN) representative Dr A. Rahman Mokhtar died last Wednesday from lung cancer, triggering a by-election that will decide the fate of the administration of the east coast state.

BN and PR currently hold 16 and 15 seats respectively in the 32-seat state legislative assembly in Terengganu.

If PAS wins the Kuala Besut by-election, Terengganu will have the country's first hung assembly in history. The Islamist party ruled Terengganu for one term from 1999 to 2004.

- See more at: http://www.themalaymailonline.com/malaysia/article/anwar-pas-to-contest-kuala-besut?utm_source=twitterfeed&utm_medium=twitter#sthash.8OawaF68.dpuf

Banning DIBS long overdue

Posted: 01 Jul 2013 12:46 PM PDT

With the rapid increase in property prices in the last five years or so, speculators have been laughing all the way to the bank.

Datuk Dr Goh Ban Lee, The Sun Daily

A popular topic of conversation among friends and relatives is the rapid rise of property prices in the last four years or so. Speculation in property prices is inevitable with private ownership of land. However, traditionally, speculators needed to have deep pockets to carry out their activities on a big scale. As such, speculation in properties was not a common pastime.

The scenario changed with a sales gimmick introduced by a developer in Penang in 2007 when there was a global financial crisis. Fearful that its houses might not be sold, the developer introduced the 5/95 payment scheme whereby buyers paid only 5% of the property price and borrowed 95% from banks.

Making the deals even more attractive, the developer paid the interest for the buyers' loans until the project was completed. Though the project was quickly sold out, the prices of the properties were on the high side compared to nearby projects.

Before the introduction of 5/95 or 10/90 schemes, the common practice was the 30/70 scheme whereby the buyers paid 30% and obtained loans for 70% of the price of the properties.

Many developers have adopted the 5/95 or 10/90 schemes. The term "Developer Interest Bearing Scheme" (DIBS) was thus coined. Eventually, even the legal fees were borne by the developers.

Although the scheme was introduced to attract ordinary house buyers, it inadvertently made it cheap and easy for speculators to earn relatively large profits in property speculation because they only had to pay the initial payment, either 5% or 10% of the price of the property and had two to three years to "flip" them. In DIBS, the speculators found their cash cows.

For example, for a RM1 million property, one needs to pay only RM50,000 if the developer adopts a 5/95 scheme or RM100,000 if it is a 10/90 scheme. A speculator with RM200,000 capital is able to book four or two properties. He or she then has two to three years to sell them.

Even if the prices of the properties were to increase by 20% during the construction period, the speculator would make RM200,000 for each. If it was a 5/95 scheme, the speculator would make a 400% profit, minus the legal fees. If the scheme is 10/90, he or she would make a 200% profit.

There are few businesses or investment opportunities that give such large returns in such a short time. It should be noted that by the time the speculators are looking for buyers, the projects are already visible.

Making things worse, there are developers who hold pre-launch viewing for selected clients. As such, before the public is aware of new projects, selected clients are allowed to choose and book units. By the time the project is shown to the public, choice units have been taken. There is no doubt that many prospective buyers have experienced disappointment when told by sales personnel that the units they want have been booked.

With the rapid increase in property prices in the last five years or so, speculators have been laughing all the way to the bank.

It is strongly believed that the spiral increase in the prices of new properties in the last few years is the result of speculative buying. It has also affected the property market as a whole. As a result, young families with a household income of RM7,000 a month are now shut out of the property market, even if they accept the reality that their dreams of living in a "middle-class" neighbourhood, such as Island Glades in Penang and Taman Tun Dr Ismail are gone and they are willing to live in cheaper areas.

As a general rule, the housing market is not efficient and this has led to fluctuations of house prices. However, with the introduction of DIBS about five years ago, the situation has become worse.

DIBS has been in the news lately, especially in business sections. The consensus of the writers is that the scheme is not good for genuine house buyers and the housing industry. It is also not good for the economy as a whole. Singapore banned it in 2009. Bank Negara should do so as soon as possible.

Datuk Dr Goh Ban Lee is interested in urban governance, housing and urban planning. Comments: letters@thesundaily.com

'Shame, shame, shame': Australia's first Muslim frontbencher abused for taking oath on Koran

Posted: 01 Jul 2013 12:43 PM PDT

Ed Husic, Parliamentary Secretary to the Prime Minister and Parliamentary Secretary for Broadband, during the swearing-in ceremony at Government House with Governor-General Quentin Bryce.

(Sydney Morning Herald) - The Prime Minister's new parliamentary secretary, Ed Husic, has been subjected to a torrent of abuse online for being sworn in to his position with a Koran.

Mr Husic became Australia's first Muslim frontbencher on Monday when he was appointed to Kevin Rudd's new-look ministry as parliamentary secretary to the Prime Minister and parliamentary secretary for broadband.

"This is a wonderful day for multiculturalism, and everything it stands for in our country," Governor-General Quentin Bryce told Mr Husic during the swearing-in ceremony in Canberra on Monday.

However, after receiving dozens of messages of congratulations on his Facebook page, the comments quickly turned to disgust and outrage that he had chosen to be sworn in on the Muslim holy book.

Some called it un-Australian and unconstitutional.

"Our allegiance should have been to Queen and Country first Ed. That means saying the oath on the holy bible not the Koran.... Shame, Shame, Shame," posted one user, Ross Peace. "I am so disappointed in this government that they don't have the spine to stand up for the Australian way of life."

Ed Husic, with the copy of the Koran with which he was sworn in as a parliamentary secretary. Photo: Alex Ellinghausen

Another user, Therese Pearce, said she was "disgusted and embarrassed" for the Australian people.

"Hell i might just have to use snow white and the 7 dwarfs next time i take the oath for australia," she posted.

One user, Anna Dean, claimed his decision to be sworn in on the Koran undermined "our culture and country and constitution in this way".

Another user, Carrie Forrest, accused him of disregarding Australia's constitution and pushing for sharia.

Mr Husic has previously said that he is a moderate Muslim who does not involve himself heavily with most of the religious customs and behaviours of the faith.

Asked about his religion in 2010, he told the ABC: "If someone asks me, 'Are you Muslim?' I say yes.

And then if someone says, 'Well do you pray and go to a mosque and do all the other things that are associated with the faith?' I say no.

"I often get told that I describe myself as non-practising when in actual fact I don't go round saying that. Like I just say 'I'm Muslim.' "

Opposition Leader Tony Abbott said people should respect Mr Husic's choice. ''I respect his choice,'' he told reporters in Melbourne. ''I think the Australian people should as well.''

President of the Anti-Discrimination Board and chairman of the NSW Community Relations Commission Stepan Kerkyasharian said it was "a sad day for any society" when someone is abused because of their religion.

After five delays, doubts over KLIA2 contractors meeting next year's deadline

Posted: 01 Jul 2013 12:41 PM PDT

(The Star) - A huge sign on the control tower of KLIA2 in Sepang proudly proclaims that it was constructed "in 10 months". However, the contractors apparently forgot about the rest of the project.

The completion of the airport has been delayed five times and many doubt that the contractors can meet the new opening date of May 2, 2014, as announced last month by Malaysia Airports Holdings Bhd (MAHB).

The Starprobe team which spent a week at the site found good reason for the scepticism.

Among the features yet to be completed is a 300m skybridge for pedestrians, the first of its kind in Asia.

Contrary to claims that construction had been sped up and was going on round the clock and seven days a week, the team found that work was actually being done at a normal pace.

It found that the pace was even slower on weekends with hardly any movement of machinery and few workers at the site.

The construction of the main terminal of the building appeared to be only about 60% completed.

The building will house the departure and arrival halls as well as the immigration checkpoints and a train terminal.

The internal roads linking the main terminal to the other parts of the airport have yet to be built.

The cost of KLIA2, which had started off with a price tag of RM1.9bil, has ballooned to RM4bil.

In June 2011, MAHB accused AirAsia, the main airline for KLIA2, for the delay, citing the airline's request to raise passenger capacity to 45 million a year from the earlier planned 30 million.

MAHB said the low-cost airline had also declined to use aerobridges, citing high operating costs, and also decided at the last minute to switch from a semi-automated to a fully-automated baggage handling system.

It added that the realignments had pushed the completion date of the new terminal to April 2013. Early this year, it was announced that KLIA2 would be launched on June 28.

Last month, MAHB announced the airport's fifth delay, with the completion date set for April 30 next year.

The main contractors, a UEM-Bina Puri joint venture, and the airport operators have also been blaming each other for the delay.

However, the team found that several key features of the airport had already been completed.

Among them are the KLIA2's control tower and the two ramps linking the airport to the KLIA extension highway.

Security checkpoints have been placed at the entrance and exit of the ramps to stop unauthorised vehicles from entering the construction site.

The construction of the runways along the aprons also appeared to have been completed with tarring having started on the runways.

According to reports, the initial delay was caused by the alleged non-compliance to the standards required by LCCT.

MAHB has also been blamed for the delay since the project is entirely undertaken by the company.

According to an inside source, the work on the project was now taking shape at a faster rate than it was a few months ago.

He said the major issue with the project was the instability of the earth in the area.

"The situation required reinforcement work including additional piling which had caused a considerable delay.

"More time was also taken up because the conveyor belt could not be fitted into the building because of the design.

"A section of the building at the baggage claim area had to be reconstructed to fit the conveyor belt,'' he added.

Meanwhile, an international expert from the construction industry said the airport could be completed by April 30 next year only if work was carried out at a much more rapid pace.

"Intensity is the key to the completion of the project," he said.

"From outside, the terminal building looks very raw. However, a lot of things can be done in 10 months provided the remaining work is carried out with greater intensity," he said.

Sultan: Respect my decision

Posted: 01 Jul 2013 12:35 PM PDT

(The Star) - "Even if Tee is fired from the party, he will still remain a member of the exco that was chosen by me"

Politicians including those from MCA must respect the decision made by Johor Ruler Sultan Ibrahim Ibni Almarhum Sultan Iskandar in appointing Datuk Tee Siew Kiong as a state executive councillor.

Sultan Ibrahim reiterated that he had approved and had selected Tee to be part of the state line-up under the provision of the state statute, the Undang-Undang Tubuh Kerajaan 1895.

The statement also said the Sultan did not have to get suggestions or recommendations from any quarters pertaining to Tee's appointment and the Ruler also did not have to explain why he chose Tee.

"Whatever problems arise in his (Tee) political party does not affect his appointment as a state exco member," Sultan Ibrahim said in a statement yesterday.

Sultan Ibrahim added that he had chosen Tee because he wished to see representatives from every race in the exco line-up.

"Even if Tee is fired from the party, he will still remain a member of the exco that was chosen by me," he said.

The Sultan said it was up to MCA to take any action they wanted against Tee as it was their right and under the prerogative of their party and leaders.

"I will not interfere with their political matters and do not want any party interfering with my ruling," he said.

Sultan Ibrahim said his stance was clear that he wanted to maintain the unity among his rakyat and harmony among all races in Johor.

It was reported that Tee's MCA membership had been frozen for three years after he was found guilty of violating the party's resolution by taking up a government post.

MCA president Datuk Seri Dr Chua Soi Lek said the party's disciplinary committee had recommended the suspension.

His appointment ignited a storm within MCA as it went against the party's decision to not accept any government posts following MCA's poor performance in the general election.

PRK Kuala Besut: Fakta Azmin tak betul - Mustafa

Posted: 30 Jun 2013 06:22 PM PDT

(Harakahdaily) - PAS mendakwa isu parti mana dari Pakatan Rakyat yang lebih layak meletakkan calon pada Pilihan Raya Kecil Kuala Besut tidak berbangkit sama sekali.

Setiausaha Agung PAS Datuk Mustafa Ali berkata, seperti amalan yang sudah difahami umum bahawa bila satu-satu kerusi menjadi kosong, maka ianya diserahkan kepada parti yang telah pun bertanding pada pilihan raya umum sebelum itu.

"Parti mana yang bertanding pada PRK Kuala Besut tak sepatutnya menjadi polemik.

"Mengikut amalan yang difahami semua, calon yang akan bertanding adalah dari parti yang bertanding pada PRU sebelumnya, iaitu calon dari PAS," katanya kepada Harakahdaily.

Beliau berkata demikian sebagai mengulas kenyataan Pengerusi PKR Terengganu, Azan Ismail bahawa PKR mempunyai calon berpotensi untuk bertanding di kawasan tersebut.

Azan juga berkata, beliau yakin PAS akan pertimbangkan calon daripada PKR bagi memperbaiki kedudukan di Terengganu.

Kenyataan Azan itu turut disokong Timbalan Presiden PKR, Mohamed Azmin Ali yang mendakwa bahawa, kerusi Kuala Besut pernah dimenangi oleh PKR pada tahun 1999.

Mengulas lanjut Mustafa berkata, fakta yang dikemukakan Azmin itu adalah tidak benar kerana PKR tidak pernah bertanding bagi kerusi Kuala Besut.

"Fakta Azmin tu tidak betul, PKR tidak pernah bertanding di Kuala Besut bila-bila sebelum ini.

"Pada tahun 1999 yang menang adalah calon PAS iaitu (Datuk) Nik Zawawi Salleh (Setiausaha Majlis Syura PAS)," katanya.

Law requires Chinese to visit their aging parents

Posted: 30 Jun 2013 06:14 PM PDT

(AP) - BEIJING: Mothers and fathers aren't the only ones urging adult children to visit their parents. China's lawbooks are now issuing the same imperative.

New wording in the law requiring people to visit or keep in touch with their elderly parents or risk being sued came into force Monday, as China faces increasing difficulty in caring for its aging population.

The amended law does little to change the status quo, however, because elderly parents in China already have been suing their adult children for emotional support and the new wording does not specify how often people must visit or clarify penalties for those who do not.

It is primarily aimed at raising awareness of the issue, said one of the drafters, Xiao Jinming, a law professor at Shandong University. "It is mainly to stress the right of elderly people to ask for emotional support we want to emphasize there is such a need," he said.

Cleaning lady Wang Yi, 57, who lives alone in Shanghai, said the new law is `'better than nothing." Her two sons work several hundred kilometers (miles) away in southern Guangdong province and she sees them only at an annual family reunion.

"It is too little, for sure, I think twice a year would be good," she said. "We Chinese people raise children to take care of us when we are old."

China's legislature amended the law in December following frequent reports of elderly parents neglected by their children.

It says offspring of parents older than 60 should see that their daily, financial and spiritual needs are met.

Although respect for the elderly is deeply engrained in Chinese society, three decades of market reforms have accelerated the breakup of China's traditional extended family, and there are few affordable alternatives, such as retirement homes.

Xiao said even before the Law of Protection of Rights and Interests of the Aged was amended, there were several cases of elderly parents suing their children for emotional support.

Court officials generally settle such cases by working out an arrangement for sons or daughters to agree to visit more frequently. Typically, no money is involved.

The number of people aged 60 and above in China is expected to jump from the current 185 million to 487 million, or 35 percent of the population, by 2053, according to figures from the China National Committee On Aging.

The expanding ratio is due both an increase in life expectancy — from 41 to 73 over five decades — and by family planning policies that limit most urban families to a single child.

Rapid aging poses serious threats to the country's social and economic stability, as the burden of supporting the growing number of elderly passes to a proportionately shrinking working population and the social safety net remains weak.

Zhang Ye, a 36-year-old university lecturer from eastern Jiangsu Province, said the amended law was "unreasonable" and put too much pressure on people who migrate away from home in search of work or independence.

"For young people who are abroad or work really far away from their parents, it is just too hard and too expensive to visit their parents," she said. "I often go to visit my parents and call them ... (but) if a young person doesn't want to, I doubt such a law will work."

Ex-judge slams Bar Council for “retire forever” call

Posted: 30 Jun 2013 06:04 PM PDT

(TMI) - Retired judges can appear in court in exceptional cases if the Bar is weak, said former Federal Court judge Datuk Seri Gopal Seri Ram in a stinging rebuttal to the Bar Council.

Sri Ram said retired judges who had experience and expertise could contribute to the development of the law adding that this was more glaring when the Bar is weak and the Bench need assistance.

He was commenting on a statement issued by the Bar Council which stated that former judges appearing in court as counsel could lead to embarrassing situations when some of them may have to cite from their own judgments.

Council president Christopher Leong had said that judicial procedures should be amended to stop ex-judges from becoming counsel.

Sri Ram, however, said there may be public interest cases where the input of retired judges (who appear for their clients) would be invaluable.

The ex-judge who is currently a legal consultant said the necessity for retired judges to appear was to help move the "law forward, especially in constitutional or very important commercial cases".

He said in countries like The United Kingdom, Australia, New Zealand and South Africa, the Bar and the Bench were "intellectually very strong".

"In those countries, practitioners who had served on the bench need not appear as counsel," he told The Malaysian Insider.

However, Sri Ram was open to the suggestion that retired judges should refrain from representing clients regularly in mundane cases, especially before benches whom they had sat with previously.

"It is definitely not desirable for them to appear before a such a bench," he said.

Posted: 30 Jun 2013 05:58 PM PDT

(TMI) - The Local Government Election Bill drafted by the Selangor government will be tabled in the state legislative assembly next year.

The state executive councillor in charge of local councils, Teng Chang Khim, said the basis of this was to return democracy rights to the people.

"The local polls will be conducted in stages once the Bill is passed," he said.

Selangor and Penang are the two states which are to introduce local government elections to ensure councillors are voted into local government, and not appointed. No other state has indicated interest in following suit.

"The local government election is different from the general and state election. But the proposed law will not contradict the federal constitution and the Local Government Act," Teng said.

"The mechanism will be studied when the draft of the Bill is finalised."

When asked if the election process will involve the Election Commission, Teng said the details of the Bill have to be looked at first.

"We may even have a different mechanism. So we need to finalise these first before disclosing further details," he added.

READ MORE HERE

Both parents must give consent: Gerakan

Posted: 30 Jun 2013 05:50 PM PDT

(Malaysian Times) - The Gerakan Secretary General, Datuk Mah Siew Keong called on the government to withdraw the Federal Islamic Territories Bill that provides for the unilateral conversion of a child to Islam by one parent.

According to the press statement sent to The Malaysian Times (TMT), Mah stated that not only the view of both parents must be taken into, but the right of the child must also be taken into account.

Touching on the delicate part, Mah said given the sensitive nature of such conversions, it is wise to adopt a policy of maximum consultation between all the parties concerned before such a decision is made.

Furthermore, he said the best interests of the child must prevail over the parochial concerns of any one parent that seeks to convert the child for reasons that are often unclear and confusing.

"It is naturally unfair to convert a child into a religion without the consent from the other side because in marriage," said Mah.

"The view of both sides must be respected, which the government via a cabinet decision made in April 2009 disallowed parents from secretly converting children after the Indira Gandhi incident," said Mah who is also Gerakan Vice President.

Mah also voiced his support for the statement made by the Health Minister, Datuk Seri Dr S. Subramaniam saying that the conversion of a child's religion does not only consists the religion itself, but also the custody, protection and alimony of the child.

Mah stressed that the process must be fair and just. The issue of conversion has remained a vexing one and the country needs a durable and practical solution that balances the position of Islam in the context of the Federal Constitution and the rights of non-Muslims.

He urged the government to withdraw the bill as it affects the constitutional and religious rights of the non-Muslim.

PAS pecat ahli terlibat kegiatan Syiah

Posted: 30 Jun 2013 05:46 PM PDT

(Malaysian Digect) - PAS akan mengenakan hukuman tegas ke atas ahlinya termasuk memecat keahlian jika terbukti mereka terlibat dengan kegiatan Syiah.

Tindakan itu adalah untuk mencegah kegiatan yang dikatakan makin menular dalam kalangan pemimpin dan penyokong parti itu walaupun sehingga kini masih belum dapat dibuktikan.

Ahli Majlis Syura Ulamak PAS (Syura), Zaharuddin Mohammad berkata, antara syarat menjadi ahli PAS ialah mesti berpegang kepada Ahli Sunnah Wal Jamaah seperti yang termaktub dalam perlembagaan parti.

"Jika ada bukti seorang itu adalah pengikut Syiah, kita pecat serta merta tidak kira apa jawatannya sekali pun dalam parti," katanya ketika menjawab pertanyaan peserta Forum Post Mortem PRU13 Menuju PRU14 diadakan di Komplek PAS Kedah di sini, kelmarin.

Sebelum ini, seorang pemimpin kanan PAS didakwa terbabit dengan ajaran Syiah, yang turut menjadi faktor kekalahan PR di Kedah.

Menurut sumber dalaman, Syura sudah memanggil pemimpin berkenaan untuk membuat pengakuan sama ada terlibat atau sebaliknya dengan Syiah.

Beliau berkata, beberapa hari lalu pemimpin itu sudah menandatangani surat pengakuan bahawa tidak terbabit dengan sebarang aktiviti Syiah seperti yang diuar-uarkan.

Kerajaan negeri sebelum ini memohon kerjasama golongan ulama dan masyarakat setempat dalam menangani isu penyebaran ajaran Syiah yang berlaku di negeri ini.

Exco Agama, Hal Ehwal Masyarakat India dan Siam, Sumber Tenaga Manusia dan Pelancongan, Mohd Rawi Abd Hamid berkata, semua pihak perlu memainkan peranan kerana ia merupakan ancaman terbesar akidah yang harus dikekang.

Menurutnya, golongan ulama lebih arif untuk mengenal pasti individu terlibat dan maklumat itu boleh dijadikan panduan agar orang ramai lebih berhati-hati manakala pusat pengajian agama diminta menyalurkan maklumat mengenai penyebaran ajaran itu jika dikesan di kawasan mereka.

Spent forces and secret deals

Posted: 30 Jun 2013 05:39 PM PDT

Why do Indonesian leaders want Malaysians to swallow the GE13 results?

Ali Cordoba, FMT

Malaysians are being forced to swallow a series of crappy comments from former Indonesian leaders who have little weight in their own country, and this is a corny situation in bilateral ties between both nations.

Hamid Awaludin, a former minister of law and human rights in Indonesia is throwing his weight behind the Najib Tun Razak regime, insisting that Anwar Ibrahim had violated an electoral understanding.

Before that, it was Yusuf Kalla, former vice-president of Indonesia who divulged a secret deal that both Anwar and Najib had, virtually confirming its existence.

Playing into the hands of these politically spent forces from Indonesia are the international and local press, accusing Anwar of defaulting on his promises to Najib that he will accept the GE13 results come what may.

Anwar has rescinded on his promises, so say the Indonesians who supposedly witnessed or played a major role in the agreement.

Not surprisingly though, the Indonesians seem to agree that Najib failed to sign the agreement, which they say remains a valid one.

In the world of paper work, no agreement is valid if it is not signed by one of the parties involved and this goes for sales, loans and even political deals.

No signing means the agreement is null and void, thus the question is why are the nosy Indonesians persistent in justifying the validity of the agreement?

It must also be noted that a cohort of people in Malaysia has also joined the Indonesians in claiming the deal is valid and that Anwar must accept the GE13 results.

Again not surprisingly, the Malaysian Election Commission has joined the fray when it added its voice – thus turning it into a political organisation – to the chorus of those pressing hard on the people to forget the GE13 and move on.

A large majority of Malaysians supported the opposition. The BN won 5.2 million votes while Pakatan Rakyat won 5.6 million votes, and rejecting the election results would mean rejecting this opposition victory too.

However, BN supporters are still upbeat in denying the fact that 51% of the population voted for the opposition, a sign that country is not in favour of the BN.

The more the BN denies this fact, the uglier it looks in the eyes of the public that voted massively against it.

READ MORE HERE

How did EC spend RM400m?

Posted: 30 Jun 2013 05:33 PM PDT

DAP's Anthony Loke asks why GE13 cost twice the amount spent on GE12.

Anisah Shukry, FMT

The RM400 million the Election Commission (EC) used up for the 13th general election was twice the amount it spent for the 2008 polls, and this has raised questions about where the money went to.

"The cost to manage the 12th general election was only RM200 million. Why is it that in five years, the expenditure for the election has ballooned by 100% even though the number of voters increased only by 20%?" Seremban MP Anthony Loke asked during a press conference at the parliament lobby today.

He said this meant the average cost of managing a parliamentary constituency was RM1.8 million during this year's election.

"This is a huge figure seeing as the spending limit for a candidate contesting a parliamentary seat is only RM200,000," said the DAP man. "I myself spent less than RM100,000 in both elections and managed to win both times."

He said the EC channeled most of the money into nomination day and polling day, and questioned whether RM1.8 million was needed to handle those two days.

He pointed out that the EC spent about RM318,000 to RM1.29 million for each parliamentary seat.

"Why is there such a huge difference in cost? If the cost to manage the Permatang Pauh by-election in 2008 was only RM409,000, what is the EC's justification for spending an average of RM1.8 million for one parliamentary constituency in 2013?"

He said it was unacceptable for the EC to justify the additional expenditure by citing the need for extra clerks to handle the indelible as the figures just did not add up.

And while he conceded that certain parliamentary constituencies would require extra cost due to the use of helicopters, he said those areas were few and far between.

Posted: 30 Jun 2013 05:25 PM PDT

The Cabinet will heed the criticism leveled at amendments of the Bill, which allows for unilateral child conversions to Islam.

Anisah Shukry, FMT

Deputy Prime Minister Muhyiddin Yassin today acknowledged there were "issues" in the Administration of the Religion of Islam (Federal Territories) Bill 2013 tabled in Parliament last Wednesday.

But he defended the move by stressing that the Cabinet had used "several guidelines" in assessing and ultimately approving the Bill, which allows unilateral conversion of minors to Islam, to be tabled in Parliament.

"The cabinet has discussed this in detail and we understand there must be a fairer decision but we also understand that in the current situation, there have been several guidelines that we used," said Muhyiddin in a press conference today.

"One of them is the court's decision on a previous case and the second is the Malaysian constitution. So that is the jurisdiction of power we have today."

The Bill has drawn flak from multiple corners, including Barisan Nasional component parties MIC and MCA, as the word "parent" instead of "parents" in the amendment makes it legal for a sole guardian to convert children below the age of 18 to Islam.

MCA vice president Gan Ping Siew had slammed the "stealthy" tabling of the amendment in the Federal Territories Islamic law, according to news portal Borneo Insider.

"I am shocked to learn that the government is tabling the Bill as it contains controversial provisions that affect the constitutional and religious rights of the non Muslim," he was quoted as saying.

"This will seriously and irredeemably affect the religious harmony and national unity of our country."

Muhyiddin said today: "We take heed of the criticism, we understand that there are a few matters that have become the focus of the public's attention

"We will take into consideration the views of certain quarters, including BN component parties MCA, MIC and others who have voiced out the same issue. We will act based on the policies made.

But when a reporter pointed out that the amendments to the Bill contradicted a 2009 Cabinet decision to ban unilateral conversions of minors to Islam, Muhiddin said: "yes, but this is the latest [developments].

"We will examine this carefully and [Minister in the Prime Minister's Department in charge of Islamic Affairs] Jamil Khir Baharom will make an announcement when the time comes," he said.

Posted: 30 Jun 2013 04:54 PM PDT

Have the Chinese forgotten how to be Chinese? Have the old Chinese 'values' changed so much over the last 40 years? What happened to the Chinese 'word' that is supposed to be stronger than 100 pages of a written and signed contract? At least my involvement in the Chinese triads during my school days taught me some values that the Chinese today seem to have forgotten.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

If you were to ask the Malay-on-the-street the meaning of the word 'akidah', he or she would most likely reply that that word means 'faith'. That would not be entirely incorrect although the accurate Malay word for 'faith' would be 'yakin'. Hence if you have faith in something or someone you are said to have keyakinan.

However, those Muslims with a 'higher' understanding of Islam -- for example the Sufis -- would define akidah as something else. Akidah is the 'rope' that binds us to God (Allah), they would say.

The Jews and Christians too believe in this and they call it the covenant. The definition of covenant would be a binding agreement or contract. Hence Christians enter into a covenant with God, which means an agreement or contract with God, just like Muslims do with their akidah.

And that is why Muslims are advised to 'protect' their akidah because if their akidah is tainted then they cease to be a Muslim. And, according to Islamic teachings, there are many things that can destroy a person's akidah. For example: believing in and wearing a tangkal (talisman or 'lucky charm') would be one of them.

And the reason your akidah would be destroyed if you believe in and wear a talisman is because you agreed (contracted) to believe in the one-God (Allah) but then you go and believe in another 'power' other than Allah. Hence you believe that the talisman has the same power as God and that it can protect you or change your fate/luck whereas such power belongs only to Allah.

Nevertheless, many Malays still believe in 'other powers' and in the supernatural in spite of the fact that this would taint or destroy their akidah. This is mainly because of their very superficial understanding of Islam, which has been reduced to merely a set of rituals. If these Malays really understood Islam then they would know that their actions have made them a non-Muslim a long time ago.

Anyway, that is not the point of my article today. What I want to discuss today is what some readers have said to be 'the law of contracts'. To them, a contract is only valid under two circumstances.

1) That the contract is in written form (meaning on a piece of paper) and is signed by all parties to the agreement.

2) That the contract is enforceable by the court in the event you take the case to court if there was a breach of contract.

Furthermore, they say that a contract and an agreement are two different things entirely.

That may be the 'modern' interpretation of 'contract' (basically English law) and that if these two conditions are not met then a contract or agreement does not exist. But then the concept of covenant (with God) or akidah existed long before England or English law existed. In that case, if contracts are only called contracts if they are signed and on a piece of paper and enforceable by the court, what would you call a covenant or akidah (your 'contract' with God)?

I remember 40 years ago when I first started business -- mainly with the Chinese -- our 'contracts' were never on a piece of paper or signed. Hence they would not be enforceable by the court, so to speak. Our 'contracts' were all by word of mouth and 'sealed' with a handshake over a pot of Chinese tea. When that Chinese businessman pours you a cup of tea and hands it to you with both his hands, and you accept that cup of tea and sip it, that is your 'signed contract'.

Today, the supporters of Pakatan Rakyat say that unless the contract is on a piece of paper and is signed by all parties and is enforceable by the court, then no contract exists. They, of course, quote the English law or tort law as the reference here.

No doubt Malaysia follows English law. But there are certain things that can be done outside English law and would still be valid. Did PKR, DAP and PAS sign a document to form Pakatan Rakyat? If they did not then is the 'agreement' to form Pakatan Rakyat valid? For example, can PKR and PAS or PKR and DAP engage in three-corner contests in the general election? Since there is no written and signed agreement (contract) then there is nothing wrong if PKR, DAP and PAS all engage in four-corner fights with Barisan Nasional.

What about those 222 Members of Parliament and 505 State Assemblypersons from Pakatan Rakyat who contested the recent general election on 5th May 2013? Did they sign any written contract with their respective parties? If not then there is nothing wrong if they cross over and join Barisan Nasional.

What about the Pakatan Rakyat people -- such as Tunku Abdul Aziz Tunku Ibrahim -- who were appointed Senators on a Pakatan Rakyat 'ticket'? Did they sign any written contract? If not then what is wrong if they decide to cross over and support Barisan Nasional?

After the 2008 general election many Pakatan Rakyat people crossed over. Hee and the two PKR State Assemblymen from Perak crossed over and brought down the Pakatan Rakyat State Government of Perak. They never signed any written contract and you cannot take them to court and sue them. Hence no contract exists so why are you all so angry with them? They did not breach any agreement.

Ibrahim Ali and many more who contested the 2008 general election on a Pakatan Rakyat 'ticket' and then declared themselves as 'independent' wakil rakyat also did not breach any agreement because they did not sign any piece of paper. So why vilify and disparage them and call them names?

So be careful before arguing that Anwar Ibrahim and Najib Tun Razak did not sign any paper contract and therefore no valid agreement exists. That argument can apply in so many other instances as well.

And back in the 1970s, when I first started business, the Chinese taught me that your word and handshake and the cup of tea is stronger than 100 pages of a written and signed contract.

*************************************************

价值观的改变

这些华人都忘了如何来做一个华人了吗？华人的'老价值观'在过去的40年里改变了这么多？那些华人们强于100页签署书面合同的"诺言"都去了哪里？我在上学时期混进华人黑社会团体里时学会的那些价值观到了今天一些华人们似乎都已经忘记了。

如果你随街问个马来人'akidah'是什么意思，他们很有可能会答那个词的意思是"信心"。这不会是完全不正确的，虽然说"信心"的正确马来字是yakin。因此，如果你有信心于某事或某人，你会说有keyakinan。

然而，对于那些对伊斯兰教的理解"高出一般人"的人--例如Sufi--来讲，他们会把akidah定义成别的东西。他们会说Akidah是一条用来把我们和上帝（阿拉）绑在一起的'绳子'。

犹太人和基督徒也相信这一点，他们叫它为圣约covenant。圣约的定义是一项具约束力的协议或合同。因此，基督徒与上帝立下圣约（通俗的讲法就是与神'签下'协议或合同）就像穆斯林和阿拉立下akidah一样。

这就是为什么穆斯林被教会要'保护'他们的akidah，因为如果他们的akidah被粘上污垢的话那么他们不再是一个穆斯林。而且，根据伊斯兰教教义，有很多东西可以摧毁一个人的akidah；打个比方：相信和穿上tangkal（护身符或幸运物品）就是其中之一。

当你你相信和戴上护身符时你的akidah就会被销毁，原因是因为你同意（签下合同）相信一个上帝（阿拉），但过后你还去相信阿拉以外的另一个"力量"。因此，你相信护身符具有相同于上帝的力量；它可以保护你，或者改变你的命运/运气，而这种权力只属于阿拉的。

尽管如此，许多马来人仍然相信"其他力量"和超自然现象，尽管这会玷污或摧毁他们的akidah。这主要是因为他们对伊斯兰教的理解是很肤浅的，可以说已经降低到仅仅在一系列仪式。如果这些马来人真正了解伊斯兰教，那么他们就知道他们的行动在很久以前已使他们变成非穆斯林了。

无论如何，这不是我今天文章的重点。今天我想讨论的是有些读者会称之为的"合同法律"。对他们来说，合同是在两种情况下才有效的：

1）该合同以书面形式（即一张纸上）和经由协议各方签署。

2）如果有违反合同的情况下，法院可以以该合同来执法的。

此外，他们还说，合同和协议完全是两回事。

这也许是"现代"演绎的"合同"（英国法律）吧：如果这两个条件不能被满足的话那么这个合同或协议是不存在的。问题是，圣约或akidah的概念在英格兰或英国法律出现前就已存在很久了。在这种情况下，如果我们把在一张纸上签署和能带上法院的合同称为合同，那你会把圣约和akidah（你和你的真主的'合同'）称为什么呢？

我记得40年前，当我第一次开始经商时--主要是与华人--我们的'合同'是从来没有写在一张纸上或需要签署的。因此，这些'合同'是不能由法院强制执行的。我们的'合同'是隔着一壶中国茶用口来'写'和用握手来'签署'的。当一名华裔商人为你倒了一杯茶并用他的双手奉给你，而你接受了和浅浅地尝了那杯茶后，那就是你的'签署过的合同'了。

今天，民联支持者说，除非合同是写在一张纸上并由各方签署的，而且还能由法院强制执行，不然那根本就没有任何合同可言。当然，他们是引用英国法或侵权法来作为参考的。

毫无疑问，马来西亚法律是源自英国法律，但有一些事情是可以依英国法律以外其它方式而仍然有效的。请问公正党，行动党和伊斯兰党有签署任何文件来组织民联的吗？如果他们没有的话，然后形成民联的'协议'有否有效？打个比方，民联三党可以在换届选举中搞3角战吗？既然他们都没有签署书面协议（合同），那么，他们三和国阵组成四角战也应该没什么不对。

对于在2013年5月5日选举里代表民联参选的222国会议员和505州会议员，他们有和他们的政党签订任何书面合同吗？如果没有，那么他们跳槽加入国阵并没有错啊。

那些因民联的'旗面'而被推选为上议员的民联人（如东姑阿都阿兹）呢？他们有签订任何书面合同吗？如果没有，那么他们跳槽加入国阵又有什么错呢？

2008年的选举后有很多前民联议员都跳槽了。许月凤和两个PKR州议员因跳槽而断送了民联的霹雳州江山。他们从来没有签订任何书面合同，所以你不能把他们告上法庭起诉他们。这事上从来就没有出现些什么合同，那么为什么大家还这么生气他们呢？他们并没有违反任何协议。

依不拉欣·阿里和许多在2008年大选里代表民联上阵的都在大选后自己是'独立'的人民代表，他们也没有违反任何协议，因为他们没有签署任何一张合同。那么，为什么你要丑化和贬低他们，以各种骂名来辱骂他们呢？

所以，在你争论安华和纳吉并没有签署任何文件合同因此不存在有效的协议之前，请记得这样的说法可以用来形容许多其他实例的。

而且，早在70年代，当我第一次开始做生意时，那些华裔商人曾教过我，诺言，握手和一杯茶强过100页的签署书面合同。

Bar: Don't allow retired judges to appear in court as counsel

Posted: 30 Jun 2013 02:48 PM PDT

(The Sun Daily) - The Bar Council feels that judicial procedures should be amended to prohibit retired judges from appearing as counsel in court as the "the improper practice" could lead to embarrassing situations.

It also posed the question of whether they could have an undue advantage when appearing before judges who were once their subordinates.

Council president Christopher Leong suggested that they become consultants who could advise counsel appearing in court.

He said it was also against judicial convention for retired judges to appear subsequently as counsel in court although this was not part of the judges' code of ethics.

He said the council has been calling for this unwritten practice to be part of the code for some time, but that the judiciary had not taken up the matter.

"The Bar Council has been calling for this convention to be expressly provided for in the code of ethics. Some retired judges do comply with the convention, but some judges have not only reappeared in court, but have cited cases they had decided on," he told theSun.

The question of judges appearing as counsel emerged with a June 13 report in a news portal stating that retired Federal Court judge Datuk Gopal Sri Ram would be representing Pakatan Rakyat in court for some of the coalition's election petitions for Perak-based seats.

Legal circles have also been talking of the possible return of High Court judge Datuk V. T. Singham to the Bar following his early retirement last Wednesday.

Besides Gopal, other retired judges practising as counsel include former lord president Tun Salleh Abas and former High Court judge, Datuk R.K. Nathan.

Leong said in England, judges strictly follow the convention prohibiting judges from appearing in court after retiring from the bench.

"This is because it may give the impression that the retired judge may have an advantage in court and secondly, it would embarrass the judge before whom the retired judge appears and it would also embarrass the retired judge's opponent," he said.

Asked why he thought this would embarrass the presiding judge, Leong said one reason is that the sitting judge hearing the case may be junior to the retiree now appearing before him or her.

"The retired judge may have pronounced on a point of law as a judge, and the sitting judge now may find themselves disagreeing with this point of law," he said.

Asked why it could embarrass opposing counsel, Leong cited the example of a retired judge using his own decisions as legal authorities which may be awkward for opposing counsel.

On the possibility of a cooling-off period for judges seeking to be advocates in court, he said that this should not be considered at all as "my view is that all judges should not appear in court as counsel.

To a question on why he was agreeable to retired judges becoming consultants, he said they have a wealth of experience and should be allowed to still contribute to the law.

"The Bar Council welcomes retired judges becoming consultants in legal firms," he said.

Similar views were shared by Malaysian Centre for Constitutionalism and Human Rights coordinator Edmund Bon, who said that once a lawyer accepts an appointment as a judge, he will have to accept that his career as a lawyer is over.

"You can still be a consultant but you should not appear in court. You don't want to be seen as using your time and experience at the bench over judges who are more junior than you. It is a perceived conflict situation," he said.

On the possibility of regulations prohibiting retired judges from appearing as counsel, Bon concurred with Leong that the Bar Council make it part of its ethical rule of practice for retired judges to refrain from practising.

He said that if they want to, they should allow a cooling-off period of five to 10 years which may mean that judges could only practise at 71 or older.

"If you make it a strict law, there might be arguments that it is unconstitutional as a restriction of livelihood as per Article 5 of the Federal Constitution," said Bon.

Selangor, Perak muftis tell critics of child conversion law to back off

Posted: 30 Jun 2013 02:37 PM PDT

(Malay Mail) - The Cabinet's 2009 ruling against unilateral child conversions to Islam is not applicable to Muslims, said Selangor Mufti Datuk Tamyes Abd Wahid, insisting that children in mixed-creed marriages must embrace Islam when one parent does so.

Critics have cried foul over Administration of Islamic Law (Federal Territories) Bill 2013 tabled on Wednesday which, they allege, seeks to broaden the definition of parental consent for the conversion of minors to Islam to mean either parent instead of both ― a move they deem to be unconstitutional and contravening the Cabinet's prohibition.

In 2009, then Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz had said the government would ban the unilateral conversion of minors to Islam, in an attempt to assuage concerns among Muslim-dominated Malaysia's religious minorities

In terms of custody law (child care), young children fall under the care of the mother. But in cases where there are different religions, the child should follow the religion of Muslim parent," Tamyes (picture) was quoted as saying by the Sinar Harian news portal today.

"For example, if the father embraces Islam but the mother does not, then the religion of their underage children must follow the father's," he said.

Already, lawmakers from both sides of the aisle are banding together in an attempt to thwart the law that they fear may lead to more of the agonising and convoluted custodial battles that are associated with marital breakdowns where only one parent is Muslim.

Yesterday, the DAP's Lim Kit Siang urged Putrajaya to abort its plan to push through the law as he joined other politicians here in urging for national consensus on the sensitive matter before any attempt for parliamentary approval.

"It will be a national disaster if the 13th Parliament starts off with a provision which splits the country down the middle," Lim warned in a statement.

The Gelang Patah MP and DAP's parliamentary opposition leader said the proposed provision would not only raise questions over the integrity of the Constitution, the country's supreme law, but also the maturity of the leaders here to unite a country of diverse races, religions and cultures.

But today, Tamyes insisted that none should dispute the proposed law, saying that doing so was tantamount to challenging Islam itself.

"The issue of religion cannot be disputed. These laws should be maintained to ensure the dignity of Islam in the proper position," he said in the report.

Separately, Perak Mufti Tan Sri Harussani Zakaria said the Bill was only formalising a standard practice.

"Single-parent consent for the conversion of minors to Islam has always been the practice. Why dispute it now?" Harussani he was quoted saying by Sinar Harian.

"This is based on Islamic law and cannot be contested."

Despite the Cabinet's 2009 ruling, cases since ― such as that of a Hindu mother in Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge ― illustrate the lack of adherence to the ruling.

Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia's religious minorities over perceived dominance of Islam in the country.

It also highlights the complications of Malaysia's dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.

The Cabinet's 2009 ruling against unilateral child conversions to Islam is not applicable to Muslims, said Selangor Mufti Datuk Tamyes Abd Wahid, insisting that children in mixed-creed marriages must embrace Islam when one parent does so.

"For example, if the father embraces Islam but the mother does not, then the religion of their underage children must follow the father's," he said.

"It will be a national disaster if the 13th Parliament starts off with a provision which splits the country down the middle," Lim warned in a statement.

But today, Tamyes insisted that none should dispute the proposed law, saying that doing so was tantamount to challenging Islam itself.

"The issue of religion cannot be disputed. These laws should be maintained to ensure the dignity of Islam in the proper position," he said in the report.

Separately, Perak Mufti Tan Sri Harussani Zakaria said the Bill was only formalising a standard practice.

"Single-parent consent for the conversion of minors to Islam has always been the practice. Why dispute it now?" Harussani he was quoted saying by Sinar Harian.

"This is based on Islamic law and cannot be contested."

Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia's religious minorities over perceived dominance of Islam in the country.

It also highlights the complications of Malaysia's dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.

- See more at: http://www.themalaymailonline.com/malaysia/article/selangor-perak-muftis-tell-critics-of-child-conversion-law-to-back-off#When:02:45:25Z

Even if PAS wins Besut, ‘BN will rule’

Posted: 30 Jun 2013 02:17 PM PDT

(Bernama) - The result of the Kuala Besut by-election will not lead to a change of the Terengganu state government led by the Barisan Nasional (BN).

Umno information chief Ahmad Maslan said although the position would end up 16-16 should the opposition win the seat, the State Assembly Speaker Mohd Zubir Embong would make it 17-16 to keep BN in power.

In the 13th general election (GE-13), BN won 17 seats while the opposition won 15 seats in Terengganu.

It was enough for Menteri Besar Ahmad Said to form the Terengganu state government.

The Kuala Besut state seat fell vacant following the death of its state assemblyman Dr A Rahman Mokhtar of lung cancer on June 26.

Ahmad Maslan, who is also Deputy Minister of Finance, said the result of the Kuala Besut by-election is very important to BN to ensure political stability in Terengganu.

"BN is ready to face the by-election and does not rule out the possibility it will be held during Ramadan (fasting month)," he told reporters after visiting former Kampung Tok Saboh Wanita Umno branch leader Wan Mek Wan Embong, 93, here yesterday.

Earlier Besut Umno division said it will submit to Prime Minister Najib Tun Razak a list of potential local candidates acceptable to the people, for selection to stand in the upcoming Kuala Besut state seat by-election.

Division chairman Idris Jusoh said Umno had many eligible candidates originating from Kuala Besut and the choice would be made by Najib before the announcement of the by-election date by the Election Commission.

"We have likeable candidates with caliber who include educators, religious experts and administrative officers," he said.

He said this at a press conference after a by-election coordinating meeting with Ahmad Maslan and the Umno Liaison Committee here.

Idris, who is also Second Education Minister, said Besut was still a rural area with the majority of the residents being fishermen who were simple-minded and friendly.

"But they know who they prefer and if they don't like the candidate, it'll be difficult for that individual to influence them. If they know and like the person, they will easily cooperate with him in whatever matter," he added.

So, he said, it was important for Umno to ensure that the candidate would win in the by-election with a bigger majority than that won by Rahman.

In the recent 13th general election, Rahman defeated Napisah Ismail from PAS with a 2,434-vote majority.

Idris hoped the people of Kuala Besut would choose the BN candidate to avoid problems for the ruling state government in developing the constituency.

A response to Idris Jala (Part 3)

Posted: 30 Jun 2013 02:02 PM PDT

FMT LETTER: From Oliver Gomez, via-e-mail

David Copperfield is a man possessed of charm, wealth, and a spectacular ability for the impossible. One of the greatest magicians of our time, his shows consist of elaborately constructed sets replete with exotic animals, great balls of fire, and gorgeous assistants of the female persuasion. All of these elements are then combined to form acts of laser guided perfection, timed down to the last microsecond, the singular purpose of which is to distract an audience from the hidden nooks, secret trap doors, and sleights of hand.

Idris Jala, then, is in good company. Though less practiced and certainly duller than his opposite number, Idris Jala does possess an ability to distract and mislead. Where Idris Jala is unable to call upon on a perfectly sculpted female assistant, he relies on figures of a different sort. Even his purpose remains the same as that of Copperfield's – Idris Jala's recent article in the June 24, 2013 edition of The Star exists to distract the Rakyat from the hidden agendas, the secret dealings, and the backroom handshakes.

The Fourth Issue: The NEP and the Brain Drain

By now, you the readers are no doubt familiar with the Angry Malaysian and his unwarranted tirade against the defenceless Idris Jala. Cornered and perhaps even fearful for his safety, Idris Jala has no choice but to engage with and somehow neutralize the vitriol of the Angry Malaysian. This time around, the mysterious and unjustifiably Angry Malaysian is upset about the NEP driving away non-Bumiputeras into the open arms of the likes of Singapore.

Are you looking closely? You should be, for Idris Jala is about to make the problem disappear:

"That's not true. A Mindshare survey of 2000 Singaporeans carried out last year showed that over half of them (56%) wanted to migrate, although there is no NEP in Singapore.

According to the World Bank, Singapore had 300,000 migrants in 2010, nearly 10% of Singapore citizens. Reasons for migration are complex and varied and cannot just be pinpointed to the NEP."

Non-Bumiputeras are leaving Malaysia

In true Copperfield style, Idris Jala distracts the Angry Malaysian and in so doing, completely sidesteps some very fundamental problems. To give you a comparison, Idris Jala's answer isn't unlike the following:

Amma: Muthu, why did you only get 40% in your Mathematics exam?

Muthu: But Amma, Abu only got 35%!

Like Amma, I am not particularly concerned about the performance of others; it behooves one to keep a clean house before playing the blame game. Now admittedly, there are generic overlaps in terms of reasons for migration. However, these overlaps are not unique to Malaysia or Singapore alone. As such, they can be discounted for the purposes of this article.

It is indeed true that the vast majority of those emigrating from Malaysia are non – Bumiputera. According to a comprehensive 2011 World Bank report, Singapore absorbed 57% of all Malaysian immigrants, with ethnic Chinese making up an eye-watering 90% of that figure. Australia and subsequently, Brunei, make up the 3 most preferred destinations for emigrating Malaysians.

Now before anyone bah humbugs the issue, the Australian Department of Immigration and Citizenship has a few interesting factoids for your consideration: in 2011-2012, 4617 'skilled migrant' visas were issued to Malaysians. Now it turns out that these 'skilled migrants' are accountants, doctors, and high end IT and tech specialists – literally the best and brightest of the Malaysian workforce.

This is all well and good though, seeing as we are taking steps to compensate for the brain drain right? I mean, surely a wealthy and seemingly perfect country like Malaysia is capable of attracting its own foreign talent, right?

In April 2013, at the 46th session of the Commission on Population and Development, Chua Choon Hwa, Malaysia's representative to the United Nations, had this to say about immigration patterns in Malaysia:

"… in terms of the number of immigrants flowing into the country, which currently stands at 2.3 million… they are mainly employed in manufacturing, agricultural, and construction sectors."

Chua only refers to the 2.3 million immigrants who came in through the front door. You and I however, know a little better – the Lahad Datu incident, the ongoing fiasco over phantom voters, and the stalled Royal Commission Inquiry into the ICgate scandal in East Malaysia are all indicative of a much higher number of foreigners within our borders. I may of course be mistaken, but somehow I doubt that brain surgeons and theoretical physicists make up the bulk of the illegal immigrants within our borders.

So now, not only are the best and brightest leaving Malaysia by the thousands per annum, they are being replaced by millions of semi to low skilled immigrants. All this of course, is to say nothing of the illegal immigrants who continue to live and work in Malaysia.

READ MORE HERE

Betrayal of non-Muslim Cabinet members

Posted: 30 Jun 2013 01:58 PM PDT

M. Indira Gandhi's children converted to Islam by her husband without her permission

FMT LETTER: From Ravinder Singh, via e-mail

In April 2009 the Cabinet had decided that the children of an estranged couple should remain in the "common religion of the parents at the time of their marriage". This was after the public outcry about the conversion of three children of an Indian couple by the father who had converted to Islam. The children were aged one, 11 and 12.

The recent and out of the blues tabling in Parliament of the Administration of the Religion of Islam (Federal Territories) Bill 2013 with the provision on the conversion of non-Muslim children with the consent of either mother or father proves that the Cabinet decision of April 2009 is not worth the paper it is written on.

A Cabinet decision is an unwritten law, or common law. It can only be revised by the Cabinet. Civil servants have to give due respect to Cabinet decisions and implement them.

In Malaysia, it is the convention that proposed legislation must first get Cabinet approval before it goes to Parliament for the formalities of a debate and vote on it. Rarely has any legislation tabled in Parliament not been passed lock, stock and barrel by the august house.

Objections or no objections, practically all legislation or amendments are given the rubber stamp by Parliament as the majority-side Parliamentarians have no choice but to support the Prime Minister. The ruling party's whip will ensure this.

Therefore, tabling this Bill without the knowledge of the non-Muslim members of the Cabinet is an act of betrayal. They were a party to the decision of April 2009. It is akin to back-stabbing them.

This is a very serious matter as its implications run deep. On the one hand the government talks of fostering closer inter-racial ties, on the other it shows scant respect for their rights. Even the rights of the non-Muslim Cabinet members who were a party to the decision of April 2009 have been trampled on as they were left in the dark over the proposed amendment.

Article 12 (4) of the Federal Constitution says "the religion of a person under the age of 18 years shall be decided by his parent or guardian".

The words "parent or guardian" in this context cannot mean "either mother or father" for the simple reason that it takes a man and a woman, a mother and a father, to produce a child. The child is therefore the common property of both the mother and the father until the age of maturity from whence the child is on its own. So how can the law allow one of them to grab the child from the other by abusing religion?

I'm sure there are some Muslims out there who do not support the forced conversion of minors who are born non-Muslims. If God wanted everyone to be a Muslim, he would simply not have created people of different creeds, cultures, religions. When a non-Muslim converts to Islam and then converts his under-aged children, he or she is doing it out of vengeance on the other partner.

For whatever reasons, he is taking revenge on the other partner. Not only Islam, but no other religion should abet this vengeful action of the one parent on the other. No religion should tolerate this, let alone welcome it. Religions are for preaching peace and not for provoking enmity between peoples all of whom are children of the one and only God although He is called by different names in different languages.

Posted: 30 Jun 2013 01:54 PM PDT

However PSM says that Pakatan should make the initial step.

K Pragalath, FMT

Parti Sosialis Malaysia (PSM) would let Pakatan Rakyat decide on the next course of action on its (PSM's) participation in the alliance as the ball is in their court.

"There is a dialogue. We are open and willing to discuss. The ball is in Pakatan's court.

"A lot time have been wasted on attempting to know what's happening with us and Pakatan," said PSM secretary general S Arutchelvan to journalists at the closing of the party's 15th national congress held in Tanah Rata yesterday.

He was commenting on the PSM-Pakatan relations following their outing in the 13th general election with Pakatan.

Pakatan components had fielded candidates in three out of four seats that PSM contested that resulted in multiple cornered fights. PSM also was not allowed to use their white fist logo in two constituencies.

Arutchelvan said that no dates have been set for the meeting.

He added that PSM would in the meantime concentrate on building the left movement.

READ MORE HERE

‘BR1M inconsistent with poverty rate’

Posted: 30 Jun 2013 01:40 PM PDT

Sibu MP Oscar Ling Chai Yew questions why BR1M allocations are being continued when poverty rate seems to be on the decline.

Leven Woon, FMT

An opposition MP today questioned the government's rationale in increasing the allocations for Bantuan Rakyat 1Malaysia (BR1M) this year despite the official poverty statistics showing a declining trend.

Training his gun at the government's "targeted subsidy" policy, Oscar Ling Chai Yew (DAP-Sibu) asked why the Finance Ministry has allocated RM2.9 billion for BRIM 2.0 this year, an increase from RM2.6 billion disbursed last year under BRIM 1.0.

He said the increase was inconsistent with the official poverty rate data which showed that household poverty rate has reduced from 3.8% in 2009 to 2.4% in 2012.

He said in Sabah,the rate has fallen to 8.1% from 9.7% in the same period.

"Is it that the real poverty rate is much higher than the official statistics given?" he asked Deputy Finance Minister Ahmad Maslan (BN- Pontian) in a supplementary question.

Ahmad replied by citing the benefits of targeted subsidy, which he said can stimulate domestic consumptions because recipients used the money directly.

"For the statistic part, my answer will come later," he said without elaborating.

Nawawi Ahmad (BN-Langkawi) then asked whether the ministry would widen the scope of the recipients from only those who earn less than RM3,000 a month to those who earn RM5,000 a month.

READ MORE HERE

Kredit: www.malaysia-today.net

Isnin, 1 Julai 2013