Archive for April 28th, 2014

Why hudud is unconstitutional and impractical

– Low Teck Kuan
The Malaysian Insider
April 26, 2014

PAS has recently been extremely persistent in pushing for the implementation of hudud in Kelantan. Despite numerous warnings by other political parties against their agenda, PAS seems hell bent on introducing a Private Members Bill in Parliament to further their own political agenda.

However, here lies the big question: Is it possible to implement one set of criminal law (hudud) in one state and have the rest of other states and Federal Territories obeying another set of criminal law?

Certainly no, because let’s be clear on this, you cannot have one set of law for one state on crime and another set of criminal law for other states. Not only it is impractical, it also seeks to disrupt the basic structure and relationship between the Federal and the states which was laid down by our founding father Tunku Abdul Rahman. It is also unconstitutional as PAS’s constant attempt at introducing hudud also seeks usurp federal powers at the same time.

Part VI of the Federal Constitution defines the relations between Federal and the states, where therein lies Article 73 to 79 of the Federal Constitution which laid down Parliament’s (Federal level) exclusive power to make law. Specifically, Article 74 (1) states that “…Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List…” while Article 74(2) states that “…the Legislature of a State may make laws with respect to any of the matters enumerated in the State List…” Read the rest of this entry »

7 Comments

Fruitless search for MH370 will scour larger area of ocean floor, says Tony Abbott

Lisa Cox
Sydney Morning Herald
April 28, 2014

The search for Malaysia Airlines flight MH370 will enter a new phase after 52 days of searching failed to find any sign of the plane wreckage, Prime Minister Tony Abbott has announced.

On Monday, Mr Abbott said it was highly unlikely that any debris from the plane would be found on the ocean surface.

But Mr Abbott defended the search operation in the southern Indian Ocean, saying authorities remain confident that signals detected weeks ago were from a black box recorder.

“Most difficult search in human history”: Prime Minister Tony Abbott addresses the media with the chief of the Joint Agency Co-ordination Centre, Air Chief Marshal Angus Houston.

Speaking in Canberra, Mr Abbott said the “most difficult search in human history” would switch its focus to underwater operations over an expanded area – roughly 700 kilometres by 80 kilometres. Read the rest of this entry »

8 Comments

Is MCA president Liong Tiong Lai prepared to declare that MCA will not return to BN Cabinet unless Najib gives assurance that the secular Malaysian Constitution will be upheld including no hudud laws and the retraction of Mahathir’s “929” declaration that Malaysia is an Islamic State?

I am quite amused by the ferocious statement by the MCA deputy secretary-general Datuk Wee Jeck Seng demanding that DAP “kick out” Lim Guan Eng and myself “for agreeing with hudud” and as “payback” for going back on our promises.

Amused because I could still remember vividly that Jeck Seng was initially dropped as a candidate for Tanjong Piai parliamentary seat in Johore in the 13th General Elections last year, and overnight the MCA and Barisan Nasional flags and symbols not only disappeared from Pontian area, DAP received feelers that he was prepared to contest on a DAP ticket in Tanjong Piai as he did not fancy contesting in the Johor State Assembly constituency of Pekan Nenas to which he was assigned.

DAP would have no truck with such a political opportunist but Jeck Seng got back the Tanjong Piai parliamentary seat after his supporters kicked up quite a furore against the decision of the then MCA President, Datuk Seri Dr. Chua Soi Lek.

With such an “outstanding” political background, whatever Jeck Seng says needed to taken with more than a pinch of salt and no one is surprised that his statement yesterday was built on a great lie – that DAP leaders have agreed to the implementation of hudud.

Sin Chew Daily had reported in a box in the past few days what it described as the three-point agreement of the Pakatan Rakyat Leadership Council on hudud on Sept. 28, 2011, which is not a very correct version or translation (particularly Point 1) of the PR Leadership Joint Statement signed by Datuk Seri Anwar Ibrahim on behalf of PKR, Datuk Seri Hadi Awang on behalf of PAS and myself on behalf of DAP, as the relevant two paragraphs were as follows: Read the rest of this entry »

5 Comments