Malaysia Today - Your Source of Independent News
Malaysia Today - Your Source of Independent News |
- Malaysia one of the most corrupt nations, survey shows
- Bumi, not booming
- PAS sudah bersedia jumpa Umno
- An analysis of arrogance
- Malaysia’s Biggest Problem: Our Attitudes
- Najib’s son Nazifuddin becomes substantial shareholder of ’1Malaysia Paint’ supplier SerSol
- Is Najib the self-styled reformer falling to the right?
- MCA division chiefs watch on ‘RM107m gain’
- Council slammed over move to remove 'sexy posters'
- Umno not becoming stupid, say party leaders
- No more concurrent sentences for convicts
- New PCA bill violates civil liberties by presumption of guilt, disallowing legal redress and ...
- Election Commission adamant it wants nothing to do with Bersih People’s Tribunal
- Why jailed human rights leader has no way to appeal – he has to wait for a judge
- Scuffle in Parliament lobby over Lynas issue
- Chin Peng is an enemy of the state, says Sultan Sharafuddin
- Respect court’s decision tomorrow, says Guan Eng
- A unhealthy trend has made its way into PAS, laments party leader
- Put Lim in his place, Karpal urged
- Saving Malaysian education: 3 unacceptable ideas
- ‘Recognise Sabah, Sarawak as equals’
- Najib’s legal reforms legacy
- A question of security or insecurity
- Utusan apologises to DAP over article on Tanda Putera
- Terror Beyond Westgate
- Jalur Gemilang flutters upside down in Miri
- Former Kedah MB Azizan dies
| Malaysia one of the most corrupt nations, survey shows Posted: 26 Sep 2013 12:41 PM PDT
(TMI) - Malaysia has been ranked as one of the most corrupt nations and listed as a country which is most likely to take shortcuts to meet targets when economic times are tough, according to a recent survey by Ernst & Young, signalling that the government's Performance Management and Delivery Unit (Pemandu) has failed in its role to transform the economy. Malaysia, along with China, has the highest levels of bribery and corruption anywhere in the world, according to the latest report, Asia-Pacific Fraud Survey Report Series 2013. This year's survey polled 681 executives in China, Singapore, Australia, New Zealand, Indonesia, Vietnam, Malaysia and South Korea. About half of the 681 executives polled on their perception of fraud felt that China, Indonesia, Malaysia and Vietnam were the worst in bribery and corruption. Those polled were employed at corporations with a turnover in excess of US$500m, ranging from the industrial sector to financial services, retail and natural resources. "Fraudulent practices are on the rise, and there is a disconnect between the policies that are in place and how they are applied in practice," said Chris Fordham, EY Fraud Investigation & Dispute Services Managing Partner of Asia-Pacific, in the report. About 39% of respondents said that bribery or corrupt practices happened widely in Malaysia, a figure which is nearly double the Asia-Pacific average of 21%. Read more at: http://www.themalaysianinsider.com/malaysia/article/malaysia-one-of-the-most-corrupt-nations-survey-shows |
| Posted: 26 Sep 2013 12:20 PM PDT
(The Economist) - The ruling party returns to its old habits of race-based handouts The lesson that UMNO has now drawn is that the more inclusive and liberal style of politics promoted by Mr Najib does not work. So the party has reverted to the bad old ways of race-based politics to shore up the Malay base, at the expense of those who were ungrateful enough to vote for the opposition. THE United Malays National Organisation (UMNO) is the dominant party in the coalition that has ruled Malaysia since independence in 1957. Only now, however, is it parading its democratic credentials, so far as its internal appointments go. Nominations have just closed for elections to a broad range of party posts, to be decided in the middle of October by 146,000-odd party delegates at local level. Previously, a mere 2,600 members, those who attended the party's convention, had a say. UMNO's boosters claim that these new elections will restore vim to an ageing organisation. They say it will make it the most genuinely democratic party in the country. Not bad for an outfit with a past reputation as a ruthless political machine. Yet what might be therapeutic for UMNO could prove the reverse for Malaysia. For what has emerged during the electoral process is that the so-called "warlords" who run the party are determined to shift the country in a conservative, indeed reactionary, direction. They want to reassert the supremacy of ethnic Malays. UMNO was formed to represent these and other "indigenous" groups who make up a majority in this multiracial country. They were favoured over other ethnic groups, principally the Chinese, who account for about 25% of the population and run much of Malaysia's business, and Indians, with 7% of the population and a disproportionate presence in the professions. A return to race-tinged policies represents a repudiation of much of what the head of UMNO and prime minister, Najib Razak (pictured above), claimed to stand for during a general election in May. How distant that poll now seems. Indeed, UMNO's regression is a direct response to the election's outcome. Though the UMNO-led ruling coalition, Barisan Nasional (BN), won the election, its performance was its worst ever. The BN's share of the popular vote fell to just 47%. UMNO blamed what it saw as a near calamity on the defection of a large share of the Chinese vote to the opposition, led by Anwar Ibrahim, a political veteran—despite Mr Najib's concerted efforts to woo Chinese and Indian voters. The lesson that UMNO has now drawn is that the more inclusive and liberal style of politics promoted by Mr Najib does not work. So the party has reverted to the bad old ways of race-based politics to shore up the Malay base, at the expense of those who were ungrateful enough to vote for the opposition. Read more at: http://www.economist.com/news/asia/21586864-ruling-party-returns-its-old-habits-race-based-handouts-bumi-not-booming |
| Posted: 26 Sep 2013 12:11 PM PDT
Jangan ingatkan PAS akan tinggalkan Pakatan dan tiada kemungkinan dalam waktu yang terdekat ini sebaik saja Ustaz Hadi bertemu Najib atau Muhyidin, PAS akan keroyok Kit Siang dan DAP. Hanya orang gila akan ingat dan mimpikan itu. Subky Latif, Harakah Selalunya PAS seperti kata al-Marhum Ustaz Fadzil Noor tak bulo' (bulur) untuk berurusan dengan Umno apabila anjuran Umno mencadangkan supaya kedua-dua parti politik orang Melayu bertemu atas apa-apa tujuan jua.
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| Posted: 26 Sep 2013 11:57 AM PDT One of them is the deputy high priest of Malay rights, Zulkifli Noordin, who was 101 per cent confident of securing the Parliamentary seat for Shah Alam. In a pre-election interview, he adamantly boasted to a reporter that he will absolutely win the elections. No hypothetical situations were allowed to be imagined. He was arrogant even before the elections. Aerie Rahman, MM Malaysian politicians are unique beings. It is difficult to find this breed in other democracies. The public statements made are remarkable, not for its wit but for its reeking arrogance. In most democracies, it is a norm for public figures to conceal their arrogance under a facade of conviviality. But in Malaysia, the arrogance of our politicians is ostensible.
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| Malaysia’s Biggest Problem: Our Attitudes Posted: 26 Sep 2013 11:56 AM PDT If we didn't beat them up, we resorted to calling them 'Banglas' — which is derogatory, by the way — or telling them to go back to where they came from, the very same thing our politicians do to some of us. Cassandra Chung at Loyar Burok makes some observations about urban Malaysians and a prevailing problem among them. Just last night, I attended a dinner and my table mostly consisted of those over 50 years of age. Like every typical dinner conversation, our conversation led to politics. My parents' friends started talking about how those in the rural areas determine the ruling government. In some way, that is true. If a single coalition were to win all the parliamentary seats in Sabah and Sarawak alone, 25% of the majority needed to form a government would already be fulfilled (57 parliamentary seats all together). I usually follow politics very closely, whether or not it is election season, but that night I chose to remain silent, partly because I had a lot on my mind. However, that didn't mean I wasn't listening. 1. We lack empathy "Why should they have a say in who runs our country? They know the least," said somebody at the table. Just like that, a thousand thoughts flooded my mind. Why? Well, perhaps because they are citizens. It is every citizen's right to elect the candidate of their choice, whether we like it or not. They know the least? Of course they know the least! They don't have access to alternative news like Malaysiakini or The Malaysian Insider. You could say they have Radio Free Sarawak but here's the catch: Could they really be bothered about what Radio Free Sarawak reports? Many of us — including myself — have never properly stopped to consider that question, proving that we lack empathy. Perhaps we have grown complacent. We have a proper house to live in; our education has secured our future; we have food to eat; the list goes on. What do these people have? Definitely not money. I remember a member of the Methodist Church council telling my college's Christian Fellowship that one of the biggest problems faced by Malaysian Christians in Sabah and Sarawak is the lack of money. Christian parents there discourage their children from attending youth service because they fear their children might become "too passionate" and end up becoming a pastor — an occupation that doesn't earn much. Yes, that's how bad it is. Money is so scarce that following God's possible calling is something to be sacrificed. When one lacks cash, basic necessities become scarce — putting food on the table becomes a problem. This is precisely the concern of the majority of rural folk. Honestly, why should they be bothered about their land being taken away from them? They get paid (as little as it is) for it, don't they? You might argue that it's the long-term that matters. The Opposition can help these people have a better, self-sustaining life through transparency and good governance. While I do personally believe that, if you were in their shoes, would you take the risk? To give up all the cash handouts that feed your family for promises that possibly might go unfulfilled? As urban dwellers, the majority of us don't know what it's like to go hungry, to worry whether or not money might come in tomorrow and because we don't know, we lack one of the essential things that enables us to relate with each other: empathy. 2. We are racists We don't notice it but we are. When we think of racists, we think of Bible-burning bigots, we think of people who advocate the concept of Ketuanan Melayu. We don't think of ourselves. The ugly truth is, all of us practice racism. Something I continue to struggle with to this day is when I hear of Malay people gaining entry into public universities. Some time back, my Malay friend told me she got into a public university. She applied with an excellent A-Levels forecast of 1A* and 3As, and yet the first thing that came to my mind was; "You only got in because you're a Malay". For a split second, the bigot in me totally forgot how hardworking she is, how amazing her results were. I once had a teacher who started deleting people off her Facebook friends list simply for the reason that they supported the Bersih 3.0 rally. When I told my parents that my teacher deleted me, their first reaction was to ask "Malay ah?" Just recently, a close friend of mine confided in me that when he was younger, whenever he refused to listen to his parents, they would threaten him by saying, "Later the Indian man come and get you." Our little acts reflect the true prejudices of our heart. Apparently, all Malays have something against street rallies, conveniently forgetting the massive number of Malays at Bersih 3.0. Apparently, all Indians are monsters — we forget that everybody is capable of heinous things. Apparently, those who enter public universities are lazy, incapable Malays — forgetting that the poor, hardworking and capable students, regardless of race, have no choice but to go there. |
| Najib’s son Nazifuddin becomes substantial shareholder of ’1Malaysia Paint’ supplier SerSol Posted: 26 Sep 2013 11:46 AM PDT
Is this what Najib means by his Bumiputera Economic Empowerment Agenda? Mohd Nazifuddin Najib, 30, has emerged as a substantial shareholder of SerSol Bhd, which could soon be supplying 'Cat 1Malaysia' (C1M) to the Malay Contractors Association. Anil Netto A filing in Bursa announced that Nazifuddin had emerged yesterday as a substantial shareholder with an indirect interest (via SerSol Holdings Sdn Bhd) of 40m shares or 21 per cent in the loss-making commercial paint maker SerSol. On the same day, SerSol founder Tan Fie Ping and his brother Fie Jen ceased to be substantial shareholders of SerSol after they disposed of their indirect stake of 40m shares. Earlier, on 23 July, Bursa Malaysia had queried SerSol about possible unusual stock market activity surrounding the sharp rise in the SerSol share price. SerSol responded that it was not aware of anything unusual. On 2 September, SerSol Bhd appointed Khazanah exco chairman Nor Mohamed Yakcop's 32-year-old son Mohamed Ridzuan Nor Md as its managing director. Two days later, on 4 September, the firm signed an MOU with the Malay Contractors Association(PKMM) to supply '1Malaysia Paint' (Cat1Malaysia) to be used by PKMM members – as SerSol's share price soared. Under the MOU, PKMM agreed to "encourage" all its members to buy C1M from SerSol "to be used in all building and construction contracts secured or entered into by PKMM members with the government and private sectors for all the building and construction projects…" Imagine how much SerSol stands to earn if '1Malaysia Paint' has to be used in RM100bn worth of government mega projects already announced. |
| Is Najib the self-styled reformer falling to the right? Posted: 26 Sep 2013 11:45 AM PDT
Eileen Ng and Elizabeth Zachariah, TMI It is election season in Umno and president Datuk Seri Najib Razak, it seems, has to pander to the right-wing elements within his Malay party. The clearest sign that the hardliners have a firm grip on Najib, who was returned unopposed for a second term last Sunday, was in the contentious amendments to the Prevention of Crime Act (PCA) which, if passed, critics said would make the PCA mirror the draconian Internal Security Act (ISA). The ISA and a raft of preventive laws were repealed by Putrajaya in the past two years in line with Najib's self-styled image as a moderate and a reformer. He had said previously that he would not succumb to pressure to reinstate powers to detain individuals without trial. "We are doing our best to find a good balance to ensure that human rights are not affected but to defend public interests as well. This is what is needed for a more matured society," he was quoted as saying. Conservative forces within Umno, especially those linked to influential former president Tun Dr Mahathir Mohamad, have resisted change and pushed for a more Malay-centric platform. And on Wednesday, it looked as though Najib had given in to their demands. "Najib is succumbing to right-wing pressure within his party because it is crucial for him in the coming polls to get his people in and maintain his strength. "The focus is not on Malaysians, but on the Umno polls," said PKR vice-president N. Surendran, who is a critic of the proposed changes to the PCA. Describing the amendments as the "biggest democracy drawback" in the last 10 years, DAP strategist Liew Chin Tong said Najib seemed to be running around blindly. "He has no idea which way to go. I think the police dictated the terms and he is just responding to them and to the right-wing elements within his party. There does not seem to be much thought put into this," said Liew.
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| MCA division chiefs watch on ‘RM107m gain’ Posted: 26 Sep 2013 11:43 AM PDT
(MMO) - Twenty-three MCA division chiefs will keep a close watch on the RM107 million gain by the party as claimed by president Datuk Seri Dr Chua Soi Lek and if it is legitimate in the first place. They also want all party assets to be accounted for and will monitor every movement to ensure transparency, fairness and accountability as the current central committee was given very little information. "Does the RM107 million include dividends paid? On behalf of our division members, we are gravely concerned with the way our party assets are being managed under Dr Chua's leadership," said Wangsa Maju MCA division chief Datuk Yew Teong Look. Yew will chair the newly-established Assets Action Committee which will also see the participation of lawyers, accountants and corporate professionals. Yew said the central committee was responsible for national issues and should not be burdened with keeping track of party assets. "I sympathise with the central committee members as they would have to be accountable." Using the example of Matang Holdings Bhd, Yew said MCA members opposed the deal as it was not being sold at the right price. "Why did we decide to sell our stake? How is it more beneficial for the party and the independent shareholders?" He also questioned the transfer of the RM1.28 billion Star Publications Berhad shares from MCA-owned property manager Huaran Trustees to MCA for the purpose of legitimate tax evasion and changes in management of dividends from Wisma MCA. "Why was this arrangement to safeguard good governance discontinued?" Yew asked. He also pledged to hold frequent press conferences in the future and jokingly referred himself as MCA's version of PKR's Rafizi Ramli. An MCA branch chairman said the committee would not have to rely on Dr Chua's cooperation to continue moving forward as they had their own sources for information and documentation. He also voiced his suspicions that Dr Chua was rushing to sell off MCA assets as the president may lose power in the coming party election. |
| Council slammed over move to remove 'sexy posters' Posted: 26 Sep 2013 11:42 AM PDT
(The Star) - PAS Supporters Congress chairman Hu Pang Chaw has criticised the Kota Baru Municipal Council for telling hair salon operators to remove so-called "sexy posters" from their shops. "As far as I am concerned, a by-law was passed 13 years ago requiring all Malay models to wear headscarves in advertisements. So, it does not apply to non-Muslims," he said. "I know about this because I was one of those involved in formulating such by-laws when I served one term as a municipal councillor," he said. Hu said he could not understand why the council officers would act on such matters when there were more pressing issues such as ensuring the cleanliness of the town or collecting RM19mil in quit rent arrears. Enforcement officers from the council's Licensing Department have gone on the rounds to advise salon operators to take down such posters from their premises. Hu said such a move could cause uncertainty within the business community. MCA Youth chief Datuk Dr Wee Ka Siong said the incident had once again showed PAS' true colours. "I want to ask DAP – is this a role model shown by the Pakatan Rakyat-led government? "I believe they will say that there was a miscommunication or misunderstanding," he said. "I believed PAS had not done so prior to the general election as it wanted to woo the Chinese voters then. Since the general election is over, they are showing their true colours," he said. Kelantan MCA secretary Tan Ken Ten said the municipal council should not impose the practice on non-Muslims, describing it as "too extreme". "Why is the council making it difficult for the salon operators to carry out their business?" he asked. Tan, who is Kota Baru MCA chairman, said the party would provide the necessary assistance to the operators. |
| Umno not becoming stupid, say party leaders Posted: 26 Sep 2013 11:40 AM PDT
Yiswaree Palansamy, FMT Umno lawmakers do not accept former premier and ex-Umno president Tun Dr Mahathir Mohamad's rebuke that Umno leaders who remain too long in their positions will leave behind members who are more stupid than them. The party's Youth wing deputy chief Datuk Razali Ibrahim said while anyone is free to air their views, it was not right to call long-serving Umno leaders stupid. ".... but don't say Umno members are stupid. Umno members are smart and can work," he told The Malaysian Insider today when asked if Dr Mahathir's sting will be taken as a cue to improve the party. Razali likened Dr Mahathir's remarks to a "mother-in-law and daughter-in-law snub" (sindir anak menantu), which means remarks made among relations are not something to take offence over. "This is just the art of politics and we should take it at face value... this is the flavour of the month since Umno is going to have its party polls," he added. Deputy Foreign Minister Datuk Hamzah Zainuddin questioned the definition of the term "long-serving" used by Dr Mahathir. "When you say too long there must be a period. What is the period? He was the prime minister for more than 20 years, is that too long? Or is over 30 years considered long?" he asked when met at the Parliament. Hamzah said the question should be put to Dr Mahathir as he was the one who used the term "too long". "The most important thing is, when someone is capable of leading, they should be given a chance. "The period of time does not matter, it's the credibility of the leader that is important," he added. Hamzah said he was not running for a Supreme Council seat as he felt it necessary to focus on his ministry, instead. "But others will feel that the party needs them more than anything."
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| No more concurrent sentences for convicts Posted: 26 Sep 2013 11:36 AM PDT
(The Star) - Anyone found guilty of multiple offences will now have to serve time for each crime consecutively, with concurrent sentences disallowed under amendments to the Criminal Procedure Code. For example, a person convicted of housebreaking and theft will have to serve out the sentence for each offence one after another. And since housebreaking and theft carry a maximum of two years and seven years jail respectively, the person could end up behind bars for nine years. The new paragraph (e) of Section 282 of the Criminal Procedure Code (Amendment) Bill 2013 states: "When a person is convicted at one trial of any two or more offences, the court shall not order the sentences to run concurrently." The Bill was tabled for first reading in the Dewan Rakyat on Wednesday. Another proposed amendment in the Bill takes away from judges the discretion to apply Section 294, which deals with youthful first offenders. With the amendment, a judge will no longer have the discretion to release such offenders on probation of good conduct if there is a minimum penalty provided for the offence. This amendment came about after public outcry over what people perceived to be lenient sentences involving the rape of minors, although there is a mandatory five years minimum jail term. Retired Court of Appeal judge Datuk K.C. Vohrah said the discretion on whether to impose a concurrent or consecutive sentence usually fell to magistrates and Sessions Court judges because the cases were mainly before them. "They would impose a concurrent sentence if several offences of the same nature were committed at the same time or two or three offences were disclosed in one transaction. "The accused would be sentenced for each offence but currently the court can order the sentences to run together, that is, the offender serves the longest sentence." He added that the High Court normally tried capital offences but occasionally the Public Prosecutor might "apply for a case to be tried by a High Court judge although it was triable in the lower court". Datuk Shaik Daud Ismail, another retired Court of Appeal judge, said judges could impose concurrent sentences after taking into account the facts of the case and mitigating circumstances. He was against doing away with concurrent sentences. "It's not right to restrict a judge's discretion," he said. The two old friends disagreed on removing judicial discretion where a minimum penalty was stated. While Vohrah is comfortable with this proposed amendment, Shaik Daud said: "A judge should be able to take into account whether the offender is a first timer in sentencing regardless of the penalty." "I'm aware that the public was upset when some judges meted out relatively lenient sentences in serious cases but taking away their discretion for all cases is not the way to do it." |
| New PCA bill violates civil liberties by presumption of guilt, disallowing legal redress and ... Posted: 26 Sep 2013 11:26 AM PDT It is obvious that the proposed amendments to the PCA are a clear violation of civil liberties, and a return to a haunted past Malaysians believed to have been buried. Steven Sim Chee Keong, Ahli Parlimen Bukit Mertajam Zairil Khir Johari, Ahli Parlimen Bukit Bendera The proposed amendments to the Prevention of Crime Act 1959 (PCA) have caused a public outcry, not least because it appears to be a way of reintroducing the controversial provisions of the draconian Internal Security Act (ISA) and Emergency Ordinance (EO), both of which were repealed by the very same administration. Many have pointed out the double standards of Prime Minister Dato' Sri Najib Razak, who began his term promising "transformation" and respect for human rights and civil liberties, but have now succumbed to business as usual by undoing his very own reforms, and his own credibility in the process. Further to that, the amendments to the PCA are problematic due to a few other reasons, as stated below.
No to preventive detention Firstly, the reintroduction of preventive detention is completely unnecessary. This is especially so in light of the fact that the Government has already passed the Security Offences (Special Measures) Act 2012, which allows for preventive detention in cases of national security. Moreover, even without the amendments, the PCA already allows for remand of up to 28 days and then a further 28 days upon the approval of a magistrate. Therefore, the PCA amendments can be seen as an attempt to broaden the ambit for detention without trial. Instead of taking the easy way out by using detention without trial, the police should focus on solving crime via the criminal justice system.
Overturning of the principle of justice Secondly, there is a strong element of presumption of guilt in the proposed changes to the PCA. For example, section 7C(a)(i) states that a detention order can be issued on a person who has "committed two or more serious offences, whether or not he is convicted thereof, if the inquiry report finds sufficient evidence to support such finding." In other words, a person who has been accused of an offence can be detained without having been proven to have committed it. Does this not contradict the basis of criminal justice, whereby a person is innocent until proven guilty?
Arbitrary power of the Prevention of Crime Board Thirdly, it would appear that the arbitrary powers of the Home Minister that existed in the ISA has now been replaced with the arbitrary powers of a "Prevention of Crime Board." This Board will comprise three members, with a chairman who "shall be or have been, or be qualified to be, a judge of the Federal Court, the Court of Appeal or a High Court." In addition to the chairman, there will be two other members. However, the bill provides no specification of any criteria whatsoever for the appointment of these two other members. This raises many questions – who will recommend them and on what basis would they be recommended?
Lack of independence and check and balance in decision-making Finally, the proposed law also prohibits legal redress by not allowing judicial review of the Board's decisions. This is stated by Section 15A(1): "There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or finding or decision made by the Board in the exercise of its discretionary power…." A judicial review is only possible on matters concerning the Board's compliance with procedural requirements. Oddly, however, Section 19A(2) appears to contradict the earlier section by allowing a review of "the direction of the Board... by the High Court". As such, it is at best a contradicting law and at worst, one that ignores the fundamental principles of justice.
Conclusion Thus, it is obvious that the proposed amendments to the PCA are a clear violation of civil liberties, and a return to a haunted past Malaysians believed to have been buried. While we do not object to the strengthening of existing criminal laws to tackle escalating crime, the current amendments are akin to the government reviving the oppressive EO and ISA through the backdoor via the PCA.
Steven Sim Chee Keong, Ahli Parlimen Bukit Mertajam Zairil Khir Johari, Ahli Parlimen Bukit Bendera -
Rang Undang-Undang PCA melanggar kebebasan sivil dengan tahanan tanpa bicara, halangan hak membela diri dan kuasa arbitari 'Lembaga Pencegahan Jenayah' Cadangan pindaan Akta Pencegahan Jenayah 1959 (PCA) telah menyebabkan bantahan awam kerana dilihat sebagai usaha untuk memperkenalkan semula peruntukan kontroversi Akta Keselamatan Dalam Negeri zalim (ISA) dan Ordinan Darurat (EO), yang kedua-duanya telah dimansuhkan oleh pentadbiran yang sama. Sekali lagi rakyat dijamu dengan tindakan cakap tidak serupa bikin oleh Perdana Menteri Dato' Sri Najib Razak, yang pada awal penggalnya menjanjikan "transformasi" dan penghormatan kepada hak asasi manusia dan kebebasan sivil, tetapi kini telah mengabaikan janji transformasinya, dan mencalarkan kredibiliti beliau melalui tindakan ini. Lebih penting lagi, pindaan PCA ini sangat bermasalah atas beberapa alasan berikut:
Tidak kepada tahanan tanpa bicara Pertama, pengenalan semula tahanan pencegahan adalah benar-benar tidak perlu. Apatah lagi apabila Kerajaan sendiri telah meluluskan Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012, yang membenarkan tahanan pencegahan dalam kes-kes keselamatan negara. Selain itu, walaupun tanpa pindaan, PCA membenarkan reman sehingga 28 hari dan tambahan lagi 28 hari dengan kelulusan majistret. Oleh itu, pindaan PCA boleh dilihat sebagai usaha untuk memperluaskan cakupan kuasa penahanan tanpa bicara. Daripada mengambil jalan mudah dengan menggunakan pendekatan tahanan tanpa bicara, pihak polis perlu memberi fokus kepada menyelesaikan jenayah dalam kerangka sistem perundangan jenayah yang adil.
Memesongkan prinsip keadilan Kedua, elemen anggapan kebersalahan ataupun "presumption of guilt" adalah sangat nyata dalam pindaan yang dicadangkan dalam PCA. Sebagai contoh, seksyen 7C(a)(i) menyatakan bahawa perintah tahanan boleh dikeluarkan kepada seseorang yang telah "melakukan dua atau lebih kesalahan yang serius, sama ada atau tidak disabitkan atas kesalahan itu, jika laporan siasatan itu mendapati keterangan yang mencukupi untuk menyokong dakwaan." Dalam erti kata lain, seseorang yang telah dituduh atas suatu kesalahan boleh ditahan tanpa perlu dibuktikan bersalah. Adakah ini tidak bercanggah dengan dasar keadilan perundangan, di mana seseorang itu tidak bersalah sehingga dibuktikan bersalah?
Kuasa arbitari Lembaga Pencegahan Jenayah Ketiga, kelihatannya kuasa arbitari Menteri Dalam Negeri yang wujud dalam ISA telah dipindahkan kepada "Lembaga Pencegahan Jenayah." Lembaga yang dicadangkan ini akan terdiri daripada tiga orang ahli, dengan dipengerusikan oleh seseorang yang "hendaklah menjadi atau telah, atau layak menjadi, hakim Mahkamah Persekutuan, Mahkamah Rayuan atau Mahkamah Tinggi." Selain pengerusi, akan ada dua orang anggota lain lagi. Walau bagaimanapun, rang undang-undang ini tidak memberikan sebarang perincian kriteria bagi pelantikan kedua-dua ahli ini. Ini menimbulkan banyak persoalan – siapa yang akan mengesyorkan mereka dan atas dasar apa?
Kurangnya kebebasan dan semak dan imbang dalam proses membuat keputusan Akhir sekali, rang undang-undang yang dicadangkan ini juga melanggar hak perundangan dengan tidak membenarkan semakan kehakiman ke atas keputusan Lembaga ini. Peruntukan ini dinyatakan dalam Seksyen 15A(1): "Tidak akan ada semakan kehakiman di mana-mana mahkamah, dan tiada mahkamah boleh mempunyai atau menjalankan apa-apa bidang kuasa berkenaan dengan, apa-apa perbuatan yang dilakukan atau dakwaan atau keputusan yang dibuat oleh Lembaga dalam menjalankan kuasa budi bicara itu ...." Semakan kehakiman hanya boleh dibuat pada perkara-perkara yang berkenaan dengan pematuhan prosedur sahaja. Pun begitu, Seksyen 19A(2) nampaknya bercanggah dengan seksyen awal dengan membenarkan semakan kehakiman oleh Mahkamah Tinggi ke atas keputusan Lembaga. Oleh itu, undang-undang ini bukan sahaja bercanggah tetapi mengabaikan prinsip asas keadilan.
Kesimpulan Oleh itu, adalah jelas bahawa cadangan pindaan PCA ini mencabuli kebebasan awam. Walaupun kami tidak membantah pengukuhan undang-undang jenayah yang sedia ada untuk menangani keadaan jenayah yang semakin meningkat, namun pindaan ini seolah-olah satu cubaan oleh Kerajaan untuk menghidupkan semula EO dan ISA melalui pintu belakang dengan menggunakan PCA.
Steven Sim Chee Keong, Ahli Parlimen Bukit Mertajam Zairil Khir Johari, Ahli Parlimen Bukit Bendera -
新的罪案防范法案赋予罪案防范委员会可以在没有证据下剥夺公民自由，不允许申诉及拥有任意的权力。 修改1959年罪案防范法案建议引起舆论哗然，这是因为看起来要恢复被国阵政权废除的内安法令及紧急法令。 首相纳吉讲一套做却是另一套，上任时的纳吉承诺转型，尊重人权及公民自由，现在却违背本身制定的改革计划，影响自身的公信力。 更重要的，罪案防范法令基于以下的原因而非常不合理。
拒绝防范性扣留 第一，重新制定防范性扣留是没有必要的。政府在2012年已经通过国家安全罪行（特别措施）法允许政府可以基于国家安全的理由而实施防范性扣留。而且，即使不修改，罪案防范法可以允许扣留28天，然后得到推事庭的批准可以继续扣留28天。 因此，罪案防范法可以看成是政府尝试拓宽范围进行无审讯扣留。警察应该通过刑事司法系统来解决罪案，而不是通过无审讯扣留。
颠覆公正的原则 第二，罪案防范法修改建议中有一个"有罪推定＂（presumption of guilt）的元素。举个例子，根据法令第7(a)(i)条文指出，只要一个人有犯过一个到两个严重的罪案，不论有没有证据证实一个人犯罪，只要调查报告说一个人犯罪，就可以发出扣留令。换句话说，一个曾经犯过案的人，即使没有证据也能被逮捕。这不是违反了基本的司法原则吗？只要还没有下判前，每个人都是无辜的。
罪案防范委员会拥有任意的权力 第三，内安法令赋予内政部任意的权力如今由罪案防范委员会取代。这个委员会由三个人组成，委员会主席必须是曾经，或者有资格成为高庭、上诉庭或联邦法院的法官担任。除了主席，将有另外两位委员。但是法令却没有注明这两位委员的条件。这两个委员在怎样的基础上被推荐出任？由谁推荐？
缺乏独立及制衡的决定权 最后，建议修改的法令以不允许司法审核来否决人民的申诉权。在第15A(1)条文下：＂不得在任何法庭进行司法审核，及没有任何的法庭可以拥有或者行使任何司法权，任何由防犯罪案委员会所做的决定都是行使他们的权力。＂只有符合程序的事项才能进行司法审核。 奇怪的是，第19A(2)的条文却跟之前的条文＂允许由高庭审核委员会的方向＂有冲突。这是根本就是一个违反司法原则及矛盾的法令。
结论 很明显，建议修改的罪案防范法令是为了借尸还魂来剥夺公民的自由。我们不反对加强现有的刑事的法律来解决不断发生的犯罪率，但是今天的建议修改罪案防范法令就好像是走后门来恢复紧急法令及内安法令这种恶法。
大山脚国会议员沈志强 升旗山国会议员再里尔佐哈里 |
| Election Commission adamant it wants nothing to do with Bersih People’s Tribunal Posted: 26 Sep 2013 10:38 AM PDT
V Anbalagan, TMI There will be no input from the Election Commission (EC) when a report on complaints of election irregularities heard last week is submitted to the Bersih People's Tribunal's five-man panel tomorrow. This despite the offer made by the tribunal's legal head, Professor Gurdial Singh Nijar, to the commission to do so – after the EC said that although it did not officially attend the five-day tribunal, it had taken note of each and every complaint made. EC deputy chairman Datuk Wan Ahmad Wan Omar (pic) told The Malaysian Insider that the commission will ignore Gurdial's request to submit a written report to the panel as the "Bersih People's Tribunal is not recognised under the law". Wan Ahmad also questioned the composition of the five-man panel, two of whom are foreigners. "They cannot pass judgment although they may be experts in election law in their respective countries," he said. He said Bersih could send its report to the EC once the tribunal had made public its findings and recommendations. To Wan Ahmad, the tribunal was set up only as a political forum to pass judgment on the government. "As such, we will not give any legitimacy to the tribunal," he said, adding that the EC was guided by the advice of its experienced legal advisers. Wan Ahmad was responding to a statement by Gurdial, who said he still hoped to see a written submission by the EC. A total of 47 people testified and 70 statutory declarations were presented to the panel during the proceedings at a hotel in Subang Jaya last week. Gurdial, who worked with a team of about 30 lawyers, had submitted two documents on irregularities in the conduct of polls by the EC, expert reports and surveys from political parties and non-governmental organisations. Also tendered were three studies by experts to determine whether the media played its democratic role in providing balanced information to voters. The legal team also gave the panel copies of almost all the election petitions filed in court by Barisan Nasional and Pakatan Rakyat.
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| Why jailed human rights leader has no way to appeal – he has to wait for a judge Posted: 26 Sep 2013 10:32 AM PDT
V Anbalagan, TMI Human rights leader P. Uthayakumar (pic), who was jailed four months ago for sedition, has become a victim of justice delayed. He is unable to appeal against his conviction and sentence because the trial judge has yet to write the grounds of judgment. His lawyer, M. Manoharan, said Uthayakumar's appeal in the High Court will not be heard unless sessions judge Ahmad Zamzani Mohd Zain provides the written grounds. "A trial judge is supposed to prepare the grounds of judgment within eight weeks once a notice of appeal is filed," he said. Uthayakumar filed his notice of appeal on June 6, a day after the 30-month jail sentence was meted out to him. Manoharan said he had written on three occasions to the judge's secretary, urging that the written judgment be expedited but never received a reply. "My client is languishing in jail, and he is not well. The sessions judge must provide the written judgment as soon as possible," he told The Malaysian Insider. Uthayakumar was found guilty on June 5 of publishing seditious remarks on the Police Watch website over a letter to former British prime minister Gordon Brown in 2007. The former Internal Security Act (ISA) detainee was sentenced just hours after younger brother and activist P. Waythamoorthy was appointed senator and deputy minister in Datuk Seri Najib Razak's administration following the May 5 general election. Uthayakumar had refused to put up a defence or mitigate before the sessions judge, claiming that it was in protest of how Indians in Malaysia were treated. He also did not seek bail pending his appeal.
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| Scuffle in Parliament lobby over Lynas issue Posted: 25 Sep 2013 09:52 PM PDT
KUALA LUMPUR - Science, Technology and Innovation Deputy Minister Datuk Abu Bakar Mohamad Diah lost his cool and got into a scuffle with an anti-lynas group at Parliament when trying to defend the Lynas rare earth plant. After receiving the memorandum from Fuziah Salleh (PKR-Kuantan) and several representatives of the Gebeng residents at the old Parliament lobby today, Abu Bakar kept guaranteeing that the plant was "safe". "The Lynas factory is as safe as a "kicap" factory. "I can take you all for a site visit to the factory to see the facilities. Expenses will be fully borne by the ministry," he said. He added that they have to be accompanied by experts of international standards and a media team for the field trip. He became defensive when Save Malaysia, Stop Lynas chairman Tan Bun Teet, who is also a resident in the area raised questions on the permanent disposal facility (pdf) and environmental issues that have not been addressed. "Why are you defending Lynas? Just answer our questions," Tan said. "I have to protect it because the Atomic Energy Licensing Board issued a temporary operating license (TOL) to Lynas. "And the board comes under my ministry. So I have to protect it!" Abu Bakar said, raising his voice as he shoved the representatives. Abu Bakar in his tireless attempt to guarantee that the plant is safe, continued to raise his voice while the clearly dissatisfied representatives and residents continued questioning him. The dispute led to both parties shoving each other. Abu Bakar was also seen getting into a direct argument with the anti-lynas group lawyer Rahiza Zulkifli, pointing his finger at her and warning her not to raise her voice at him. "Don't point your finger at me. This is so rude!" Rahiza told Abu Bakar. "You don't raise your voice!" he countered. Pressured by the questions shot at him on the safety aspects of the plant, Abu Bakar who was fumbling with his pocket notebook, snapped at the group stating that he is a new deputy minister. "I just took office three months ago. I do not have the details and expert answers to all your questions. "I have to ask my officers here," he said pointing to ministry Director General Raja Datuk Abdul Aziz Raja Adnan. When asked why he didn't allow Abdul Aziz to reply to the questions, Abu Bakar again became defensive saying: "If I let him reply then you will say the minister is scared to reply. "I need to read up on the chronology of the events on Lynas and understand the issue," he said. At this point the group questioned how Abu Bakar, who had no knowledge of the plant, can guarantee that it is safe after one visit and mockingly told him to " do his homework" first. "How can you call this project safe after visiting it only once? We have been living with it for more than two years now," said Tan. Fuziah, who was calm throughout the shouting match, said that the ministry had failed to address the concerns of Kuantan folk, besides making claims without getting public feedback. She said that the government and the people of Kuantan are not on the same wavelength on the safety aspects of the plant since the government has not responded to the environmental hazards. As the deputy minister's security officers escorted Abu Bakar away from the scuffle, Fauzi Abdul Rahman (PKR-Indera Mahkota) shouted "to hell with Lynas!" and challenged Abu Bakar to shift the plant to his area if it was so safe. |
| Chin Peng is an enemy of the state, says Sultan Sharafuddin Posted: 25 Sep 2013 08:32 PM PDT
(The Star) - Deceased Communist Party of Malaya (CPM) leader Chin Peng is an enemy of the state, said Sultan of Selangor Sultan Sharafuddin Idris Shah. The Ruler reminded that Chin Peng wanted to turn the country into a communist state. "Lives of members of the armed forces and policemen were lost, and civilians were killed and suffered as a result of Chin Peng and the communist terrorists' actions," he said when visiting the KD Sri Semporna navy base here yesterday (Thursday). Sultan Sharafuddin, who is also the Royal Malaysian Navy captain-in-chief, expressed hope that Malaysians would learn and understand the nation's history and not forget its darkest moments during the Emergency. "Do not trade national pride and honour just for support and popularity," he said. Sultan Sharafuddin congratulated the Royal Malaysian Navy for successfully overcoming challenges during Ops Daulat, and called on all security agencies, including the police, armed forces and Malaysian Maritime Enforcement Agency, to cooperate and remain in constant communication with each other to protect the country. "I want to remind those who tried to be an enemy and sell out the county to foreign parties to be cautious and to repent so that they do not commit this evil act again," he said. Sultan Sharafuddin is on a four-day visit to Sabah, and had visited KD Sri Tawau naval base on Wednesday and will proceed to Lahad Datu and Sandakan after Semporna. He will be visiting the Danum Valley Conservation Centre, Pulau Bum Bum and Kampung Tanduo, Lahad Datu, as well as the naval staff quarters in Taman Samudera, Sandakan.
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| Respect court’s decision tomorrow, says Guan Eng Posted: 25 Sep 2013 08:20 PM PDT
Rita Jong, TMI DAP secretary-general Lim Guan Eng (pic) urged his party members to remain calm and accept the High Court's decision tomorrow in determining whether fresh party election can be held this Sunday. The High Court is expected to deliver its decision on an injunction by a former disgruntled DAP member who wants to halt the election, claiming that it was being held against the party's constitution. "Should the injunction be allowed, then we will not be able to conduct the election. We will abide by the court's decision," said Lim in a statement today. Former Ladang Paroi DAP branch vice-chairman A. David Dass filed a suit on September 10, claiming the election was against the party's constitution. He also applied for an injunction to stop DAP from holding the election which is scheduled for this Sunday. Lim subsequently filed an application to strike out the suit. Lim, who is also Bagan MP, took a swipe at the Registrar of Societies accusing them of resorting to lies to help Umno victimise the party for its "huge win" in the last general election. He pointed out that despite the party abiding by the RoS' directive to hold fresh election of the central executive committee, the registrar is still insisting that DAP failed to follow its directive properly. RoS director-general Datuk Abdul Rahman Othman insisted that the party did not comply with his directive to hold the election via a National Congress. "Abdul Rahman should have read the party constitution carefully. "There is a specific clause that allows party election of the CEC to be held through a Special Congress and not only via a National Congress. "By denying that there is such a specific clause, the RoS is resorting to lies to help Umno victimise DAP," said Lim.
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| A unhealthy trend has made its way into PAS, laments party leader Posted: 25 Sep 2013 08:15 PM PDT
(TMI) - A PAS leader has expressed his concern at the "worst-ever" campaigning by party members ahead of its party election in November. "In the 35 years I have been in PAS, this is the worst campaigning I've ever seen," said PAS deputy president Mohamad Sabu (pic). He pointed out to "name-calling" and unfair "labelling" of party leaders as one of the new phenomenons plaguing the party now. Mohamad, or Mat Sabu as he is popularly known, is also shocked and appalled at the shifting of minds among PAS members. He was commenting on the campaign tactics by several PAS leaders and members in preparation for its 59th party election to be held in Shah Alam in November. PAS members have launched all kinds of campaigns including attacking and labelling those they were not in favour of, in Facebook, through SMSes and on blogs. "I am shocked at the change in the members' attitude towards the party elections and the leadership," Mat Sabu told The Malaysian Insider. He pointed out that the party had its own election procedure although it was not written in the party's constitution. It is a common understanding that open campaigning is not well-received and not permitted but has now become the latest trend among PAS members. "Even I, as a PAS veteran, am sometimes bewildered looking at the latest developments in the party," Mat Sabu said. He is hoping that the "developments" are not outside elements making their way into the party or an attempt by outsiders to take advantage of the party's openness, noting that the problem became obvious before the 13th general election. At that time, he said, there were members who were already talking about the credibility of certain leaders. Party leaders were also labelled. This "disease" was seen in Umno in the 1980s when several of the leaders were labelled as commmunists by party members, Mat Sabu observed. "Abdullah Ahmad, Abdullah Majid dan Samad Ismail were called communists. Even Tun Dr Mahathir was almost arrested by the then Home Minister Tan Sri Ghazali Shafie," he added. Now, Mat Sabu added, the problem has invaded PAS.
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| Put Lim in his place, Karpal urged Posted: 25 Sep 2013 08:06 PM PDT Former DAP national vice-chairman urged Karpal not to keep silent and turn his back on Lim's wayward ways in running the party. Athi Shankar, FMT It is time for Karpal Singh to break his silence and exert his power as DAP national chairman to compel secretary-general Lim Guan Eng to conduct the party re-election in accordance with the party constitution. With Lim's wayward ways in running the party, former DAP national vice-chairman Tunku Abdul Aziz Ibrahim said Karpal as a leader must not remain silent and look the other side. Although some may not agree with Karpal on several issues, he said the DAP leader was nonetheless a respected statesman because of his political integrity and moral values. Hence, he said Karpal cannot shirk from the responsibility of preventing the demise of the party and to protect members' against the selfish interests of a "dictator." He said it was time Karpal told Lim to hold the re-election in accordance with the party constitution, the Societies Act and wishes of members. Abdul Aziz also claimed that Lim and his cronies were now trying to conduct a re-election without adhering to the party constitution to suit their whims and fancies as well as to protect their selfish interests. He added that Lim's actions of late and the manner in which he had conducted the party affairs had added credence to his ever growing reputation as a cocky arrogant "tokong" or "deity." "It's time for Karpal, as a senior lawyer, to teach the little accountant (Lim) one or two lessons in law. Karpal cannot go on being silent on the current happenings in the party," Abdul Aziz said, adding that "Karpal owes a duty to protect interests of party and members." He alleged that Lim and his cronies were running the party like personal fiefdom while they arrogantly sidelined the chairman. On Aug 17, Karpal said the re-election shall be held in November as the party constitution required a 10–week period from the date it decided to hold it, which was Aug 14. However, on Aug 22, Lim announced in a special congress that the party would hold the re-election on Sept 29. Abdul Aziz described the decision as a "fatal blow to Karpal's public standing as senior a parliamentarian and lawyer."
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| Saving Malaysian education: 3 unacceptable ideas Posted: 25 Sep 2013 07:05 PM PDT
Malaysia needs teachers who can passionately tell the story of Chin Peng without making it sound like he was the devil incarnate and Umno was God's pet angel. These teachers would then easily encourage students to care more about their country's underprivileged children than about their canteen's undercooked chicken. Alwyn Lau, TMI Why "unacceptable"? Because the acceptable - tied as it is to the "accepted' - is boring. Just like education as a whole and Malaysian education especially. The following ideas will never happen. We simply won't allow it and they're quite impossible. Or are they?Teach teachers drama Malaysia needs Al Pacino. Or, given the hole in our national treasury, perhaps we should fly in Shahrukh Khan instead. Whoever it is, we need drama in our schools. Our classrooms are starving for enthusiasm, and I'm not only referring to that category of the undead called "students". Our educators also look less happy and passionate (and far less motivated) than the Jerusalem wall-climbers in World War Z. Every Malaysian who wishes to teach, hence, should be a qualified "dramatist" as well. "Sandiwara" must be saved from our politics to save our education. We need to train our teachers to talk, move, gesticulate and emote like their brains actually had chemicals in them. This is to say that teachers must learn how to smile, cry or fume when facilitating their subject - especially if they don't feel like smiling, crying or fuming. Right now in the average Malaysian classroom, the lecturer usually looks as if he's bored, constipated or worried sick about that MQA form he has to fill up - and this just won't do. Instead we need lecturers who behave like the lead dancer in Swan Lake and teach or perform like the universe is watching. These are people whose students will leave a session on "Global Warming" with their hearts on fire and ready to throw (clean) paint bombs at polluting factories. We need teachers like that dude who stood inside a waterfall with pebbles in his mouth, practicing how to speak well. These folks could put the fear of bad speech into students the way Jonathan Edwards putting the fear of God and hell in the hearts of his church members. We want Maths lecturers who can transport their listeners back to ancient Greece and re-live the wonders of discovering the numerical system. Believe it or not, such imaginative transferences require a lot more than academic knowledge and a textbook. It takes heart. Malaysia needs teachers who can passionately tell the story of Chin Peng without making it sound like he was the devil incarnate and Umno was God's pet angel. These teachers would then easily encourage students to care more about their country's underprivileged children than about their canteen's undercooked chicken. Maybe "drama" isn't the best word here. We could also use "art", "performance", "courage", "life" - you get the picture. But I don't think the MOE (Ministry of Education) does? Flip teachers' salaries Here's a sad fact. The teachers responsible for moulding the minds of excited little children are paid much lower than the big-shots with Pizza Hut Delivery titles who "educate" our bored young adults by droning on and on in over-sized lecture halls. The logic is amazing: "You are paid so low because the fees for educating children are much lower". This is the same logic governing why helping drug addicts to get back on their feet will earn you much less than if you seek to persuade already-rich folks they should make even more.
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| ‘Recognise Sabah, Sarawak as equals’ Posted: 25 Sep 2013 03:54 PM PDT A potential political war may come to boil if federal government keeps ignoring calls to recognise the Borneo states as equal on all platforms (FMT) - Tension in Sabah and Sarawak will come to a head as long as Malaysians continue to equate the two as just another state of Malaysia, warned veteran Umno leader Tengku Razaleigh Hamzah. Tengku Razaleigh, popularly known as Ku Li, said it was time Sabah and Sarawak recognized and treated as equal partners in Malaysia."There is resentment and dissatisfaction with Sabah and Sarawak being treated as and equated to just another state of Malaysia… It had been simmering since the 1980s but it never resurfaces, not as a formal articulation anyway. "It is, nevertheless, a political war that has the potential to come to a boil," said Tengku Razaleigh in his speech to the Malaysian Branch of the Royal Asiatic Society yesterday. The Gua Musang MP pointed out that the Cobbold Commission had stressed that Malaysia's formation should be regarded as an association of partners involving Sabah, Sarawak, Malaya and Singapore. "If any idea were to take root that Malaysia would involve a 'take-over' of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not be generally acceptable and successful," said Tengku Razaleigh, quoting the commission's report. He said the current misconceptions over Sabah and Sarawak's standing in Malaysia could be corrected by including it in the school curriculum. "It should be pointed out, for instance, that Aug 31 is of no particular significance to Sabah and Sarawak, its grand celebration notwithstanding. It is but the date of Malaya's independence and it should be celebrated for just that. "On the other hand, Sept 16 – the Malaysia Day – has a greater significance and is certainly a more important date in the annals of Malaysia. It must, therefore, be allowed to take its place as a major celebration in our national calendar of events." 20/18 point agreements not honoured Tengku Razaleigh also urged that Sabah's 20 point and Sarawak's 18 point agreements – safeguards written up as preconditions to the formation of Malaysia – be reviewed, as the federal government had failed to fulfill them. "[A Sabah academic] pointed out that Sabahans and Sarawakians agreed to be part of Malaysia on the understanding that the interests of the states were safeguarded…in the 20/18-point agreements, the London Agreements and the Inter-Governmental Reports." "He pointed out further that the safeguards were not honoured and taken away at the whim and fancy of the Federal Government…."
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| Posted: 25 Sep 2013 03:43 PM PDT
Forgive me if I'm stating the obvious. Legal reforms notwithstanding, it's not been very "open and democratic" around here recently. A quick review of all the new amendments and laws since Najib's Malaysia Day announcement will demonstrate why. By Ding Jo-Ann, The Nut Graph ON 15 Sept 2011, the eve of Malaysia Day, Prime Minister Datuk Seri Najib Razak announced a slew of reforms to transform Malaysia into a more open and democratic country. Almost a year later, most of the promised "reforms" have been implemented.But has anything changed? In just the past two months, the government and its agencies have charged opposition leaders for participating in a street protest, sued Bersih 2.0 leaders for damages, and accused Singaporean embassy officials of inappropriate behaviour for observing the Bersih 3.0 rally. The government also banned a book by a Muslim woman, refused to release remaining Internal Security Act (ISA) detainees, and attempted to raid human rights organisation Suaram's office. Forgive me if I'm stating the obvious. Legal reforms notwithstanding, it's not been very "open and democratic" around here recently. A quick review of all the new amendments and laws since Najib's Malaysia Day announcement will demonstrate why. False reform Peaceful Assembly Act (PAA) Najib hailed the PAA as "revolutionary" and its enactment a "giant leap" in improving current laws. "Supposedly, [the Act] chokes freedom to assemble," Najib said in Parliament, referring to criticisms against the new law. "Is this allegation true?" he asked. "Not true at all," he replied to his own question.  Anwar (left) has been charged for participating in the Bersih 3.0 rally under the PAA (© Lainie Yeoh) Barely six months after Najib's statement, and shortly after the PAA came into force, the law was used to charge Opposition Leader Datuk Seri Anwar Ibrahim and two others for participating in the Bersih 3.0 rally. This really is no different from the days when opposition figures were charged under the Police Act for participating in street protests. And talking about choking the freedom to assemble, the government literally did so when the police fired a total of 967 tear gas canisters at Bersih 3.0 protesters. How then can this legislation be construed as being revolutionary and a giant improvement? Printing Presses and Publications Act (PPPA) When Najib spoke of amending the PPPA on 31 March, he said the government respected the media's freedom to act as a check and balance on government. But on 28 April, police beat up working journalists during the Bersih 3.0 rally even after the media personnel identified themselves. Police were also hostile towards journalists who attempted to record instances of police brutality against protesters. In some cases, the police damaged and confiscated journalists' equipment. Curiously, after the attacks on the media, several Umno-owned and government-controlled media were silent or played down reports of the police beating up fellow journalists. So much then for the government respecting the media and the media acting as a check and balance on government. And that's not all. Under Najib's legal reforms, the print media must still obtain permits even if it doesn't need to renew the permits annually. This means the print media is still subject to show-cause letters from the Home Minister which can result in newspapers losing their permits and journalists or editors being suspended.
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| A question of security or insecurity Posted: 25 Sep 2013 03:32 PM PDT
While it is true that security is a constant issue, I wonder if the real reason behind it is that feeling of uncertainty or a lack of confidence and anxiety about ourselves. Musings by Marina Mahathir, The Star SINCE we are all worried about security these days, I decided to look up the meaning of "insecurity".Besides the feeling of being constantly in danger or under threat, insecurity also means "a feeling of uncertainty, or a lack of confidence and anxiety about yourself". While we worry daily about the many crimes being committed in our neighbourhoods with no real solution in sight, sometimes I wonder if we have a security crisis or an insecurity crisis. While it is true that security is a constant issue, I wonder if the real reason behind it is that feeling of uncertainty or a lack of confidence and anxiety about ourselves. These feelings of security and insecurity are of course related. On the one hand, the very people who should make us feel secure are in fact making us insecure. How certain do we feel about our future when we see hesitant and sometimes absent leadership at times when we most need it? How can we not feel anxious when the leadership is silent on the things that matter to the citizenry? As a citizen, I want a decent life for my family, my fellow citizens and myself. This, anyone would think, is quite basic and common to everyone. I want to be able to have a roof over my head, education for my kids, the opportunity to earn a decent living and affordable healthcare when I need it. When a human being is unable to have these basics, then they start to feel that most normal of human instincts, insecurity. If enough people feel that way, then that's a recipe for instability and mass insecurity. It is not possible for any country to be stable if many of its people feel hungry or deprived of the most essential ingredients to lead a normal life. |
| Utusan apologises to DAP over article on Tanda Putera Posted: 25 Sep 2013 03:28 PM PDT
(TMI) - "You have gone for gutter journalism as far as responsible journalism is concerned. The lies heaped on Guan Eng and Kit Siang are unimagineable by a national paper. DAP has accepted Utusan Malaysia's apology to its leaders Lim Kit Siang (pic) and Lim Guan Eng over an article on the controversial Tanda Putera film.Chairman Karpal Singh said this is the last time the party will accept an apology from the Umno-owned newspaper. "We accepted their apology but Utusan cannot go on lying. We will give them this opportunity to turn over a new leaf," he said at a press conference at Parliament lobby today. The Malay-language daily carried a report titled "Cuba sembunyi kebiadaban DAP" (Try to hide DAP's rudeness) where it was alleged that that Guan Eng, the Penang Chief Minister, had attempted to block the screening of the movie in the state's cinemas to allegedly hide the rude action of a DAP leader. The DAP leader was identified in the report as Kit Siang, who it said had allegedly urinated in front of the then Selangor menteri besar's residence during the riots in May 13, 1969. Kit Siang had repeatedly stated he was not in Kuala Lumpur during the riots. Karpal said the newspaper now has to display its apology in the same size and prominence as the offending article. He took Utusan to task, saying that the paper must practise responsible journalism. READ MORE HERE
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| Posted: 25 Sep 2013 02:18 PM PDT The culprit here, beyond poverty and lack of education and all the rest of it, is political Islam and its aberrant variations, which together have taken a religious faith and turned it into a tool of warfare and a toxic adjunct of modern day globalization. The answer has to include a thus-far undetectable bout of soul-searching, especially among political, civic, and religious leaders in the Muslim world. Jon Lee Anderson, The New Yorker Just a few hours into the gruesome terrorist attack on Nairobi's Westgate mall, on Saturday, the Shabaab, Somalia's Al Qaeda wannabe affiliate, assumed credit, calling its kill-team's targeting of dozens of innocent shoppers "an act of justice." Sixty-seven people were killed, along with five attackers, before Kenyan forces mostly took control of the mall on Tuesday; some of the last shooters had been holed up in its supermarket. The Shabaab reminded "Kenya"—as if it were a single sentient being beholden to its rules—of prior warnings that it intended to carry out attacks in retaliation for the Kenyan Army's presence in Somalia. It had specifically mentioned the Westgate mall, a popular hangout for affluent Kenyans and expatriate foreigners, as well.In the Shabaab's murderous logic, the existence of a prior warning absolved them of guilt in the deaths of those people whom its commandos have murdered. The New York Times photographer Tyler Hicks, who is based in Nairobi, happened to be nearby when the attack began on Saturday and sent out some of the first photographs from the scene. Hicks's images, and those of another veteran war photographer, Goran Tomasevic, are a haunting, chilling testimony. In some, we see Kenyan soldiers, guns drawn, their expressions twisted by adrenaline and fear, as they hide from and hunt the terrorists. In others, we see women holding babies, seeking a safe way out. In one unforgettably sad picture, a young couple lies side by side in a pool of blood at the closed entrance to a shop: the man's arm is held protectively over the woman's waist; they are both dead. In others, toddlers stand in shock next to dead bodies. In most of these images, there is horror in the foreground, and, behind, glimpses of the banal backdrop: lighthearted advertisements, items on sale. The target was a sickeningly well-chosen one. Westgate, like a couple of other shopping enclaves around the traffic-clogged, bustling city, is a time-honored meeting point for affluent Kenyans and foreigners, especially on weekends. Whenever I am in Nairobi, I find myself at Westgate several times a week, either to buy an item I need, or to meet someone in the large, airy coffee shop on the ground floor. I usually take a peek at the handicrafts trolley on the second floor, too, to see if there is anything that might serve as a gift. A couple of years ago I bought my mother-in-law a red, white, and blue African-print cloth decorated with the smiling countenance of Barack Obama. The President's late father was Kenyan, and his American-born son's success is a source of widespread national pride. Westgate is not a white enclave; in addition to black Kenyans and white Europeans or Americans—working for embassies, or one of the U.N. agencies and myriad N.G.O.s that operate out of the Kenyan capital—there were always Indians and usually a few Arabs, too. There is a sizable South Asian émigré community in Kenya, and the Nairobi suburb of Eastleigh is home to some two hundred thousand ethnic Somalis. Among the dead are people from at least twelve nations. The first time I went to Westgate, about four years ago, was to meet a Nicaraguan-born humanitarian-relief official who handled the U.N.'s relief program for Somalia. At the time, it was considered too dangerous for the U.N.—or any other international agency, for that matter—to maintain a permanent presence in Somalia itself, because of the Shabaab, which controlled most of the Somali countryside and a good portion of the capital, Mogadishu. (One of the Westgate victims, a Peruvian, was a sixty-three-year-old U.N.D.P. official. He was at the mall with his daughter, who was shot but survived.) As with Al Qaeda and its Islamist extremist kinfolk, the Shabaab views all nonbelievers—or even Muslims espousing different versions of the faith—as heretics and belligerents. In the past, this murderous presumption has meant summary executions by the Shabaab inside Somalia for young men caught watching soccer on television, or cruel stonings and amputations for transgressors of other Shabaab diktats, such as those who listen to music or, as Xan Rice writes in The New Yorker this week, run a certain sort of restaurant. It has also, occasionally, meant the kidnapping and even murder of victims seized in Kenya and taken back to Somalia. Indeed, it was the Shabaab's habit of conducting violent cross-border raids that motivated the Kenyan Army's 2011 military incursion into Somalia in the first place. The Kenyans' goal was to secure a safe corridor along the country's border. In recent years, a number of Westerners have been taken from Kenya's Indian Ocean island-resort community of Lamu, which lies near the border with Somalia—several have died. Two Spanish women, who worked as relief officials at a large refugee camp in the northern Kenyan wastelands, were snatched and held for twenty-one months before being freed last July. With its economy heavily reliant on tourism, Kenya has suffered greatly from such Somali-related violence and previous Al Qaeda-linked terrorism—in 2002, at an Israeli-owned hotel in Mombasa; and at the U.S. Embassy in Nairobi, in 1998, which was an attack that presaged 9/11. (In each case, most of the victims were Africans.) |
| Jalur Gemilang flutters upside down in Miri Posted: 25 Sep 2013 02:12 PM PDT
Displaying the Jalur Gemilang the wrong way is tantamount to disrespecting the symbol of Malaysia's sovereignty. (Borneo Post Online) - A resident here suffered a rude shock when he passed by Jalan Medical yesterday and saw a government office flying the Jalur Gemilang upside down! He immediately took photographs of it and alerted The Borneo Post office as he was saddened by what he saw."I was surprised to see the Malaysia flag flying upside down. It goes to show that some people are still not aware of the significance and sentiment of flying the Jalur Gemilang," said the resident, who requested anonymity. Rukun Tetangga Piasau Jaya II chairman Penghulu Samion Gani, when asked for his comment, said it was "sad" to see the Jalur Gemilang fluttering the wrong way. He said those put in charge of raising the flag ought to be alert. "It is sad to see that some people are not concerned about the national flag, which is our country's pride," lamented Samion. He added that this is tantamount to disrespecting the symbol of the sovereignty of Malaysia. "The authority concerned must issue a directive to all government departments and agencies to never fly state and national flags incorrectly."
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| Posted: 25 Sep 2013 02:10 PM PDT
(The Sun Daily) - Former Kedah Menteri Besar Tan Sri Azizan Abdul Razak (pix), 69, passed away at the Sultanah Bahiyah Hospital here at 11.15am today. Bernama reported yesterday that Azizan was in critical condition at the hospital after suffering from heart complications.Azizan was admitted to the Penang Hospital last May after he suffered from diabetes and had to undergo surgery to amputate both his legs below the knee. He was transferred to the Sultanah Bahiyah Hospital last month. Azizan who is also the State Assemblyman for Sungai Limau and Kedah PAS commissioner, had to relinquish his post as menteri besar following the defeat of the opposition pact to the Barisan Nasional (BN) in the 13th general election on May 5.
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