Archive for category Constitution

Is the sacking of AG and DPM a multiple attack on the national institutions including the Press, Parliament, the 1MDB “special task force” comprising AGC, BNM, MACC and Police to save Najib from the 1MDB scandal?

The past 72 hours have deepened the mystery and national foreboding about the sacking of the Attorney-General Tan Sri Abdul Gani Othman, the Deputy Prime Minister, Tan Sri Muhyiddin Yassin and the Minister for Rural and Regional Development, Datuk Seri Shafie Apdal.

The question that is looming ever larger is whether the sackings represented a prelude to a multiple attack on the national institutions including the press, Parliament, the 1MDB “special task force” comprising the Attorney-General’s Chambers, Bank Negara Malaysia, Malaysian Anti-Corruption Agency and the Royal Malaysian Police to save the Prime Minister Datuk Seri Najib Razak from the 1MDB scandal.

The latest political hurricane started with the totally unacceptable reason for the sudden and summary sacking on Tuesday of Gani as Attorney-General who had served as the first legal officer of the Crown for 13 years and two months short of retirement on reaching 60 years old, on the ridiculous ground of “health reasons”. Read the rest of this entry »

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Is Apandi as the new Attorney-General going to be Najib’s hatchet man to usher a new dark age subjecting national institutions to a second wave of attacks or will he be sentinel to ensure an “enlightened and democratic” Malaysia

The first statement of the new Attorney-General, Tan Sri Mohamed Apandi Ali is to justify the removal of his predecessor Tan Sri Abdul Gani Patail as constitutional and according to law.

Apandi said his predecessor’s rank is not reduced in any way. Are we having two Attorney-Generals in Malaysia – Apandi with all the powers and perks of the office, and Gani, enjoying all the perks but not the powers of Attorney-General?

Apandi said Article 145(6) of the Federal Constitution requiring the setting up of a tribunal for the dismissal of the Attorney-General in the like manner for the removal of a Federal Court judge does not apply, relying fully on Article 145(5) that states that the Attorney-General holds office at the pleasure of the Yang di Pertuan Agong.

I will leave it to the lawyers to address nettlesome question whether Gani’s sudden and summary sacking as Attorney-General on Monday is constitutional or not.

However, in an era when the Government knows best is over, which Prime Minister Datuk Seri Najib Razak had fully acknowledged when he became Prime Minister more than six years ago, Malaysians are entitled to a full explanation why Gani had been treated so shabbily and humiliatingly that he had been sacked suddenly and summarily after serving for nearly 13 years as AG and will retire in two months’ time on Oct. 6 when he celebrates his 60th birthday.

Gani would not have been taken by surprise by his termination as Attorney-General on Monday if he had applied for early retirement.

Wasn’t he entitled to the basic courtesy of being informed that his tenure as Attorney-General was being terminated, if “health problems” were the real reasons for the termination? Read the rest of this entry »

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Why are the lawyers in Cabinet silent about Gani’s sacking as Attorney-General when it is patently unconstitutional and an affront’s to Malaysia’s commitment to uphold the rule of law

Tan Sri Muhyiddin Yassin accepts that it is the Prime Minister’s prerogative to sack the Deputy Prime Minister and to remove any Minister from the Cabinet.

It is for the court of public opinion and history to judge whether the Prime Minister had made a colossal political blunder or had made a brilliant political move.

But has the Prime Minister the prerogative to sack the Attorney-General, the highest legal officer of the land, on his whims and fancies without regard to due process?

The answer must be a firm “No”, for Article 145(6) of the Malaysian Constitution makes it very clear that the Attorney-General “shall not be removed from office, except on the like grounds and in the like manner as a judge of the Federal Court” and Article 125(3) lays down the procedure for the removal of a Federal Court judge, which requires the equivalent of a judicial tribunal to adjudicate his removal whether on the ground of breach of the code of ethics or of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office.

The immediate and instant sacking of Tan Sri Abdul Gani Patail as Attorney-General, in the manner of the announcement yesterday morning by the Chief Secretary to the Government, Tan Sri Dr. Ali Hamsa without Gani even knowing about it beforehand is clearly unconstitutional and an affront to a country which upholds constitutionalism and the rule of law. Read the rest of this entry »

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The special task force into allegations of PM misconduct by Najib has zero credibility and legitimacy when DPM and Cabinet Ministers completely in the dark about its establishment, composition, terms of reference and latest change of Chairmanship

The special task force investigating into allegations of Prime Ministerial misconduct by Datuk Seri Najib Razak, in particular into Wall Street Journal (WSJ) report and allegation on July 3 that US$700 million (RM2.6 billion) were deposited into Najib’s personal accounts in AmBank in March 2013, shortly before the dissolution of Parliament on April 3, 2013 and the holding of 13th general elections has zero credibility and legitimacy.

How can the “special task force” have credibility and legitimacy when Cabinet Ministers, and even the Deputy Prime Minister, Tan Sri Muhyiddin Yassin, do not know about its establishment, composition, terms of reference and the latest change of Chairmanship of the special task force?

Yesterday, former Attorney-General Tan Sri Abu Talib urged the Attorney-General Tan Sri Abdul Gani Patail to disassociate himself from the special task force, saying this would help enhance public perception and integrity into the probe.

Abu Talib’s views were also shared by lawyers who said the top government lawyer should not be part of the investigation or else his office would not be seen as being independent.

Talib and the lawyers said Gani’s immediate disassociation from the task force would enhance public confidence and integrity over the three investigating bodies – police, MACC and Bank Negara – in executing their duties.

The principle of check and balance between investigation agencies and the public prosecutor must be observed to ensure justice to all parties, including the public.

Talib, who was A-G from 1980 and 1993, said it was not desirable for Gani, as the public prosecutor, to be a member of the task force. Read the rest of this entry »

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Gani Patail should withdraw from 1MDB task force, say former A-G, lawyers

V. Anbalagan
The Malaysian Insider
16 July 2015 7:00 AM

A former attorney-general has urged top government lawyer Tan Sri Abdul Gani Patail to disassociate himself from the task force investigating the prime minister over the 1 Malaysia Development Berhad (1MDB) scandal, saying this will enhance public perception and integrity into the probe.

Tan Sri Abu Talib Othman’s views were also shared by lawyers who said Attorney-General Gani should not be part of the investigation or else his office would not be seen as being independent.

Gani currently heads the task force which is investigating the alleged irregularities in 1MDB and the RM2.67 billion allegedly channelled into Datuk Seri Najib Razak’s personal bank accounts.

The task force also comprises the Malaysian Anti-Corruption Commission, Bank Negara Malaysia (BNM) and police. Read the rest of this entry »

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Sarawak and Sabah should have one-third of the parliamentary seats which is not only be in the spirit of the Malaysia Agreement 1963 but a crucial safeguard to preserve and protect the fundamental principle of the constitution of Malaysia as a secular nation with Islam as the official religion

Malaysia wants to become a developed nation in five years time in 2020.

In the developed nations in Europe, the rural areas would enjoy basic infrastructures and amenities like piped water, electricity supply, as well as the most elementary educational, economic and health facilities which are non-existent for rural areas in Malaysia, particularly in Sarawak and Sabah.

I can still remember that more than half a century ago in the early sixties, there would be delegation after delegation of Sarawakians and Sabahans visiting Peninsular Malaysia because the Prime Minister at the time, Tunku Abdul Rahman, his deputy Tun Razak and other Ministers in the Cabinet in Kuala Lumpur wanted to convince Sarawak and Sabah leaders the advantages of the formation of Malaysia, promising that Sarawak and Sabah would be as advanced and developed as Malaya if Sabah and agreed to the formation of the new federation of Malaysia together with Malaya and Singapore.

Malaysia is now 52 years old since its formation in 1963, and the promises half a century ago that Sarawak and Sabah would be as developed as Peninsular Malaysia have still to be met, or tens of thousands of Ibans would not have to leave Sarawak to seek greener pastures in Johor Baru – which is why we are having a Gawai celebration in Johor Baru tonight. Read the rest of this entry »

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Best tribute to Karpal Singh is for all Malaysians regardless of race, religion or political affiliation to unite to Save Malaysia to defend constitutionalism, the rule of law and moderation as our national way of life and model for the world

Five months ago on Dec. 8, 2014, a group of 25 prominent Malays penned an open letter asking for a rational dialogue on the position of Islam in a constitutional democracy.

The 19-paragraph statement was signed by prominent people, including former secretaries-general, directors-general, ambassadors and prominent individuals, as they felt that it was high time moderate Malays and Muslims speak out as extremist, immoderate and intolerant voices do not speak in their name.

They called on the Prime Minister to exercise his leadership and political will to establish an inclusive consultative committee to find solutions to issues which have become more “difficult to address” because of the extreme politicisation of race and religion in this country by bringing together experts in various fields, including Islamic and constitutional laws, and those affected by the application of Islamic laws in adverse ways.

They also urged more moderate Malaysians to speak up and contribute to a better informed and rational public discussion on the place of Islamic laws within a constitutional democracy and the urgency to address the breakdown of federal-state division of powers and finding solutions to the heart-wrenching stories of lives and relationships damaged and put in limbo because of battles over turf and identity.

Although the open letter of G25 which has expanded to G44, drew widespread support from many quarters, including petitions online as well on twitter and FaceBook, it is most regrettable that after close to five months, the Prime Minister, who had travelled the world with his initiative of a Global Movement of Moderates calling for a “coalition of moderates” to reclaim their religion from extremists appears to be either indifferent or impotent about rising extremism at home. Read the rest of this entry »

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Strengthen the foundational structure of our nation – G40

The Malaysian Insider
19 April 2015

We are a group of Malaysians deeply concerned about the state of our nation. Never before in this country’s history have such stresses and strains been made to bear upon the foundational principles of nationhood which now threaten to subvert the bonds that have held all Malaysians together and kept the nation comprising the territorial components of Peninsular Malaysia, Sabah and Sarawak intact.

Constructed when Malaya achieved independence in 1957 under the Merdeka Constitution, the basic structure was re-examined and re-established when the federation of Malaysia came into being in 1963 with the concerns of the Borneo states taken into consideration.

Malaysia’s constitutional history records the fact that this country is a secular nation with Islam as the religion of the federation. Read the rest of this entry »

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Why do we still need the Sedition Act?

by Boo Su-Lyn
Malay Mail Online
April 9, 2015

APRIL 9 — We are just five years away from our goal of becoming a developed nation by 2020.

Yet,in this day and age, we still have a law dating back from the colonial times guarding our speech and worse, the government is attempting to enhance punishments under the Sedition Act 1948.

People convicted of seditious speech can be imprisoned for up to 20 years under the proposed Sedition Act amendments, with a minimum jail term set at three years. No bail is allowed either.

Speech deemed to be seditious under the Sedition (Amendment) Bill 2015 involve issues of race and religion, secession, the rulers, and Bumiputera privileges, among others.

These are matters crucial to our democracy that Malaysians are prohibited from discussing freely.

The revised Sedition Act outlaws exciting “ill will, hostility or hatred” on grounds of race and religion, but such terms are extremely vague. Read the rest of this entry »

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Kelantan’s hudud breaks basis of secular Malaysia, Sarawak churches say

The Malay Mail Online
April 8, 2015

KUALA LUMPUR, April 8 — Kelantan’s hudud enactment violates the secular foundation upon which Malaya, Sabah and Sarawak had formed Malaysia, Sarawak churches said today.

The Kuching Ministers’ Fellowship (KMF), a network of church pastors and leaders in Sarawak, joined the Sabah Council of Churches in criticising the passing of the Kelantan Shariah Criminal Code II Enactment 1993 (amendment 2015) last month in the east coast state run by Islamist party PAS.

“The recently-passed Kelantan hudud enactment is in direct contradiction to the aspirations of founding fathers of our nation to keep Malaysia a secular state as evidenced in several historical documents that explicitly state this,” KMF chairman Pastor Daron Tan said in a statement.

“The introduction of hudud law is a fundamental breach and deviation from the expressed commitment to complete religious freedom, a key term underpinning the Malaysia Agreement signed in July 1963 between Sarawak, Sabah and Malaya,” he added. Read the rest of this entry »

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In Sedition Act changes, detractors fear clampdown on calls for Borneo autonomy

by Boo Su-Lyn
The Malay Mail Online
April 9, 2015

KUALA LUMPUR, Apr 9 — Critics of Putrajaya’s proposed amendments to the Sedition Act 1948 claim the changes would not only criminalise calls for Sabah and Sarawak’s secession from Malaysia but may also be abused to punish those seeking more rights for the east Malaysian states.

Once the revisions to the Act are approved and gazetted by both houses of Parliament, analysts and lawmakers alike fear that authorities may choose to interpret any demand for greater autonomy in east Malaysia as prompting secession.

Universiti Malaysia Sabah senior anthropology lecturer Dr Paul Porodong stressed that it should not be considered secession for east Malaysians to call for a review of the Malaysia Agreement 1963 — the treaty upon which Malaysian federation was founded — press for greater state autonomy, or to demand more oil royalties.

“My worry is they’ll lump everything into secession and silence the voice of the people,” Porodong told Malay Mail Online. Read the rest of this entry »

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Renegotiate Federal Constitution if Kelantan must have hudud

— Civil Society Organisations of Sabah and Sarawak
The Malay Mail Online
April 8, 2015

APRIL 8 — We — Civil Society Organisations of Sabah and Sarawak — hereby call for a thorough renegotiation of the Federal Constitution if Kelantan insists to enforce its Shariah Criminal Code II (1993) 2015.

We solemnly hold the following positions:

1. In forming Malaysia with Malaya and Singapore in 1963, Sabah and Sarawak signed up for a secular federation, not a theocratic one where any religious criminal justice system may be in force in any part of the Federation.

2. Religious freedom was amongst the top demands of Sabah and Sarawak in the Malaysia negotiations which produced the Inter-Governmental Committee Report and eventually the 1963 Malaysia Agreement. Sabah and Sarawak would not have been part of Malaysia if Shariah criminal law was an item in the negotiation.

3. Secular justice system on crimes as a federal jurisdiction is part of the entire constitutional package embodied in the Ninth Schedule of the Federal Constitution. Any fundamental change to this packaged deal requires a thorough renegotiation of the Federal Constitution. Read the rest of this entry »

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Thanks to DAP’s opposition and PKR support, Hadi’s private member’s bill on hudud implementation will not be passed in Parliament next week

Thanks to DAP’s opposition and PKR support, PAS President and MP for Marang, Datuk Seri Hadi Awang’s private member’s bill on hudud implementation will not be passed in Parliament next week.

It is now more than two weeks since the initial claims of the MCA President, Datuk Seri Liow Tiong Lai and Gerakan President, Datuk Mah Siew Keong that the Cabinet had discussed and taken a stand to oppose Hadi’s private member’s bill and that the Prime Minister, Datuk Seri Najib Razak would come out with an unequivocal statement declaring UMNO/BN’s opposition to Hadi’s private member’s bill.

But these claims have been debunked by two events:

Firstly, Najib’s 15-day silence on the issue, as Liow and Mah had leaked the “exclusive news” that the Prime Minister would be making such an announcement two Fridays ago on 20th March 2015;

Secondly, the denial by three UMNO Ministers, the Tourism Minister Datuk Seri Nazri Aziz, the International Trade and Industry Minister, Datuk Mustapha Mohamad and the Youth Minister, Khairy Jamaluddin that the Cabinet had discussed, let alone taken a stand on, Hadi’s private member’s bill on hudud implementation.

These three UMNO Ministers are virtually calling Liow a “liar” with the MCA President insisting today (Sin Chew) that the Cabinet had discussed Hadi’s private member’s bill at its meetings on March 20 and 27. Read the rest of this entry »

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As Parliament’s debate on anti-terrorism bill is also a debate on Islamic State and Islamic extremism in Malaysia, Zahid and Khalid are guilty of gross dereliction of duty in not giving MPs latest updates on these threats

Nine months after the glowing and laudatory tribute paid by the Prime Minister, Datuk Seri Najib Razak to Islamic State, even urging UMNO members to emulate the courage and dedication of Islamic State (IS) fighters, the nation was yesterday given the most grim and bleak picture about the threats posed by Islamic State and Islamic extremists in the country.

And this “grim and bleak picture” of the threats to Malaysia posed by IS and Islamic extremists did not come from the Prime Minister himself, or the Home Minister, Datuk Seri Zahid Hamidi or the Inspector-General of Police, Tan Sri Khalid Abu Bakar, but by the Bukit Aman’s counter-terrorism director Datuk Ayub Khan Mydin at the first special briefing for civil servants where said that evidence gathered so far of Malaysian involvement in the Islamic State (ISO) has led the police to believe that attacks by the groups on Malaysian soil is imminent.

Ayub said it “was just a matter of time” before an attack is launched.

“It is not a matter of if we will be attacked but when,” he declared.

The counter-terrorism director also revealed that Malaysian IS members have made direct threats to attack Malaysia, including plans to bomb entertainment spots as part of its plan to “punish” Malaysia for being an “apostate” country.
“They view us as apostates. First they deem us bidaah (deviant), then they say we are apostates and then then next thing is to say our blood is halal,” Ayub revealed. Read the rest of this entry »

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PAS may suffer a double whammy in next general elections, completely wiped out in Johor, Perak and Malacca, virtually wiped out in Pahang and Kedah and may even lose power in Kelantan after 25 years of rule

If Pakatan Rakyat cannot be saved, it will cost all the three component parties dearly, as a result of the popular disenchantment of the voters throughout the country over the grave breach of trust and failure of the PR parties to be loyal and sincere to the Pakatan Rakyat Common Policy Framework and the operational principle of Pakatan Rakyat consensus that no single party or leader could exercise a veto in PR.

In the three Pakatan Rakyat parties, it will be PAS which is likely to suffer the most in the 14th General Elections in such circumstances.

PAS is in danger of losing nearly all of its parliament and state assembly seats outside the northern states as a result of the enactment of the Kelantan Syariah Criminal Code 2015 and PAS President and MP for Marang, Datuk Seri Hadi Awang’s private member’s bill on hudud implementation.

With a loss of 30% of non-Muslim votes, PAS will lose 7 parliament and 29 state seats it won in the 13GE in 2013.

PAS will be completely wiped out in Johore, Perak and Malacca and virtually wiped out in Selangor, Pahang and Kedah.

In Johore, PAS will lose all 4 state seats, namely Sungai Abong, Maharani, Parit Yaani and Puteri Wangsa.

In Perak, it will lose all the five state seats, namely Titi Serong, Gunong Semanggol, Selinsing, Changkat Jering and Sungai Rapak.

In Malacca, it will lose its sole State Assembly seat of Bukit Baru.

In Selangor, it will lose all its parliamentary seats (Hulu Langat, Shah Alam, Kota Raja, Sepang) and 14 out of the 15 state seats in Selangor. The Selangor state assembly seats currently held by PAS which are in danger are: Sabak, Taman Templer, Gombak Setia, Hulu Kelang, Lembah Jaya, Chempaka, Dusun Tua, Seri Serdang, Paya Jaras, Meru, Selat Klang, Sijangkang, Morib and Tanjong Sepat. The only Selangor seat PAS may win again will be Bangi.

In Pahang, it will lose two out of three state states, namely Beserah and Tanjung Lumpur.

In Kedah, it will lose the five state assembly seats of Alor Mengkudu, Kubang Rotan, Kuala Ketil and Merbau Pulas. Read the rest of this entry »

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Why is secularism a ‘non-argument’?

By Wong Chin Huat
Mar 23, 2015

COMMENT Many human right lawyers, minority rights advocates, women right advocates and liberals have vigorously and rigorously defended the secular nature of the Malaysian state.

The most outstanding examples include the late parliamentarian Karpal Singh, Islamic Renaissance Front (IRF) chairperson Dr Ahmad Farouk Musa and Noor Farida Arifin who leads the Group of 25 Eminent Malays (G25).

Their courageous defence of secularism, while cheered by many members of minorities and liberals, change little the debate amongst the Malay-Muslims.

As the ultimate defence on secularism lies with the judiciary, that increasingly Muslim judges are observing a trend of religious political correctness suggests this may be a losing battle.

Former top judges championing Malay-Muslim ultra-nationalism certainly leaves no room for optimism. Read the rest of this entry »

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A New Coalition Post-BN and Post-PR with new Prime Minister should be based on five fundamental principles starting with defending the Malaysian Constitution

Time is running out for the Prime Minister, Datuk Seri Najib Razak in the next 24 hours when the Cabinet holds its weekly meeting on Friday (during Parliamentary meetings) as to whether Najib has deviated from the stand of the first five Prime Ministers, Tunku Abdul Rahman, Tun Razak, Tun Hussein, Tun Mahathir and Tun Abdullah and the bedrock UMNO/Barisan Nasional nation-building principle and policy that hudud law is against Malaysian Constitution, the 1963 Malaysia Agreement and not suitable for a multi-racial and multi-religious nation like Malaysia.

For nearly 60 years, every Prime Minister if asked will have no hesitation to declaring the Federal Constitution and the Malaysia Agreement of 1963 will not permit the implementation of hudud laws.

The question is why the fifth Prime Minister has been agonizing for a week as to whether to reiterate what is UMNO/Barisan Nasional/Alliance policy for 58 years from Merdeka and 52 years since the formation of Malaysia.

If under Najib, UMNO/BN policies have taken a tectonic shift whereby the Prime Minister cannot open reiterate and reaffirm what had been UMNO/BN/Alliance bedrock nation-building principles for 58 years, in accordance with the 1957 Merdeka Constitution and the 1963 Malaysia Agreement that hudud law is against the Federal Constitution, the Malaysia Agreement 1963 and unsuitable for a multi-racial and multi-religious nation like Malaysia, then I invite all Malaysians to seriously think of the possibility of a new Malaysia coalition which is post-BN and post-PR with a new Prime Minister to “Save Malaysia” to defend the Federal Constitution and the rule of law. Read the rest of this entry »

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Govt must respond to Musa’s call on hudud

Ramon Navaratnam
Free Malaysia Today
March 23, 2015

Umno’s near silence on whether it supports hudud or not is causing grave uncertainty as to the future of Malaysia.


Former deputy prime minister Musa Hitam probably reflected the deep concerns of Malaysians when he said he was “disappointed with Umno for not making its stand on hudud clear”.

A significant number – perhaps even a majority – of thinking Malaysians have long been expecting the Umno-led government to come out unequivocally on this vital issue. Its near silence is causing national anxiety and grave uncertainty as to the future of our country.

As Musa correctly pointed out, this is a national issue “with far reaching implications to the country, both domestically and internationally”.

Confidence at home and abroad can dramatically decline as Malaysians see themselves at the crossroads of their destiny. We all ask whether we will continue to adopt secular ways to go forward or take the hudud highway and perhaps go backwards?

These uncertainties will also probably cause a further weakening of the ringgit, an increase in capital outflows, a worsening of the brain drain and even a rise in inflation. Read the rest of this entry »

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Why police presence at EC public hearing, asks DAP

by Desmond Davidson
The Malaysian Insider
7 March 2015 8:11 PM

Sarawak DAP has accused the Election Commission (EC) of breaking its rigid “closed door” rule in the public objections to its proposed redrawing of the electoral boundary in Miri with the presence of four police personnel, believed to be from the Special Branch Unit.

DAP Senadin branch chairperson, Eunice Lim questioned why the cops were allowed to take part but barred the public and media from the series of hearings in Kuching and other major towns in the state.

“Why were the SB officers allowed inside the hearing?” she asked.

“Their presence create a sort of fear to those who were making their presentation,” Lim said, referring to an incident last Thursday.

“I did not realise their presence when I was making my presentation,” she said.

“We only came to know about it when my colleague (Piasau assemblyman Alan Ling) spotted the officers sitting with the EC officers before making his own presentation.” Read the rest of this entry »

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Pastoral letter in reference to Herald case

– Julian Leow
The Malaysian Insider
27 January 2015

My Dear People of God,

“I have fought the good fight, I have finished the race, I have kept the faith.” 2 Timothy 4:7

We have come to the end of a long journey which began in 2008 when we were told that we cannot call God in the way the majority of our Catholics in Malaysia have been used to for centuries.

We mounted a challenge in the court to exercise our constitutional right to manage our own religious affairs. The Church took the position that the minister’s restriction went against the spirit as well as the letter of our Federal Constitution. Read the rest of this entry »

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