Archive for category Constitution

Raus is the only person today who can save the country from an ugly constitutional crisis

Will today, August 4, 2017, go down in Malaysian history as one of the nation’s black days of infamy when the country fell into the pit of a major constitutional crisis testing the Merdeka Constitution 1957 and Malaysia Agreement 1963 as to whether the nation can remain true to the basic principles of nation-building spelt out in the Merdeka Proclamation 1957 and Malaysia Proclamation 1963?

Two days ago, Pakatan Harapan leaders led by Tun Dr. Mahathir Mohamad (Bersatu), Datuk Seri Dr. Wan Azizah Wan Ismail (PKR), Mujahid Yusuf Rawa (AMANAH) and myself (DAP) petitioned the Yang Di Pertuan Agong Sultan Muhammad V to refer the government’s decision to extend the tenures of the two top judicial posts, the Chief Justice and the Court of Appeal President, to the Federal Court.

Article 130 of the Malaysian Constitution on “Advisory jurisdiction of Federal Court” states:

“130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”

The tenure of Tan Sri Raus Sharif as Chief Justice ended yesterday while the tenure of Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President ends on Sept. 27. Read the rest of this entry »

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Will Cabinet tomorrow ask Zahid to reaffirm his oath to “preserve, protect and defend” the Constitution, including Article 4 on Malaysian Constitution as the supreme law of Malaysia?

Will the Cabinet tomorrow ask the Deputy Prime Minister, Datuk Seri Zahid Hamidi to reaffirm his oaths as Deputy Prime Minister and Member of Parliament to “preserve, protect and defend” the Constitution, including Article 4 on the Malaysian Constitution as the supreme law of Malaysia?

In response to the Court of Appeal ruling that a child conceived out of wedlock can take his or her father’s surname, and that the edict on this by the National Fatwa Committee does not have the force of law, the call by Zahid for Muslim unity to oppose anyone challenging decisions by the National Fatwa Committee is contrary to what Zahid had sworn in his oaths of office as DPM and MP to “preserve, protect and defend” the Constitution.

Zahid is not only challenging the authority of the civil courts to make decisions affecting the life and liberty of Malaysians, but dishonouring his oaths as Deputy Prime Minister and Member of Parliament to “preserve, protect and defend” the Malaysian Constitution.

The Cabinet tomorrow should ask Zahid to retract his statement which challenges Article 4 of the Malaysian Constitution declaring unequivocally that the Constitution is the “supreme law” in Malaysia. Read the rest of this entry »

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With MCA and Gerakan joining more UMNO leaders “whistling in the dark” to hide their increasing panic, 14th General Election more likely this year than next

Since the seismic development on July 14, when Pakatan Harapan Presidential Council announced the Pakatan Harapan structure, logo and leadership line up, signifiying the final Mahathir-Anwar reconciliation after nearly two decades of political enmity, the past 16 days have seen increasing panic among UMNO/Barisan Nasional leaders about the very real prospects of losing Putrajaya and the Federal Government in the forthcoming 14th General Election.

As a result, even MCA and Gerakan leaders are joining more UMNO leaders in resorting to “whistling in the dark” to hide their increasing panic, shouting from their rooftops that they are not panicking!

MCA President, Datuk Liow Tiong Lai, for instance, is suddenly putting up a bold front proclaiming in Penang that MCA is confident that there will be a change of support among voters in Penang as the people have lost confidence in the DAP for failing to fulfil their promises after taking over the state nine years ago while declaring to the 45th annual general meeting of the Young Malaysians Movement in Kuala Lumpur that MCA believes that the Chinese community is shifting its support back to Barisan Nasional.

Gerakan President Datuk Seri Mah Siew Keong announced the Gerakan’s three candidates to contest the Segambut, Batu and Kepong parliamentary seats and declared that Chinese votes for Barisan Nasional are expected to improve to 30% in the 14th General Election from the 13.4% received in the 2013 polls.

It is indeed a great national tragedy and shame that at a historic period when the nation is on threshold of a possible change of Federal government in six decades, MCA and Gerakan leaders have fallen to such a parlous level that they could only indulge in “whistling in the dark” hoping to win more electoral seats depending on UMNO, instead of being focused on the great issues confronting the people and country. Read the rest of this entry »

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Ban on G25 Book on “Islam in a Constitutional Democracy” marks Najib’s break with five previous Prime Ministers and the rising influence of PAS President on government policy

I am very disappointed that the Cabinet had again proved to be an utterly incompetent and useless outfit, incapable of addressing the great issues of the nation.

I had suggested that the Cabinet meeting last Friday should speak up for a moderate Malaysia for a change, suspend the Home Minister’s ban on G25 book on “Breaking the Silence –Voices of Moderation: Islam in a Constitutional Democracy” and form a high-level committee to hold public hearings whether the book should be banned.

But the Cabinet, the latest personification of the traditional three monkeys with eyes that see not, ears that hear not, and mouths that speak not, completely ignored the issue and there was no statement post-Cabinet on the corrective measures on the shocking, ridiculous and illogical ban on the G25 book.

The ban on G25 Book on “Islam in a Constitutional Democracy” in fact marks Prime Minister, Datuk Seri Najib Razak’s break with five previous Prime Ministers – Tunku Abdul Rahman, Tun Razak, Tun Husein, Tun Dr. Mahathir and Tun Abdullah – on the basic cornerstone of the nation as enshrined in the Malaysian Constitution and reiterated in the Malaysia Agreement 1963 and the rising influence of PAS President, Datuk Seri Hadi Awang on government policy, with regard to Islamic matters. Read the rest of this entry »

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Can the BN Sabah and Sarawak Ministers and MPs be trusted to uphold Sabah and Sarawak interests when they dare not openly declare their support for Malanjum as Chief Justice of Malaysia?

The President of the Sabah Council of Datuks, Claudius Roman, said that Sabah may have to wait 100 years to produce another judge as gifted as Richard Malanjum.

He said the Council, which is made up of serving and former senior leaders of the public and private sectors, political organisations and NGOs. had unanimously agreed on Wednesday that Malanjum was the most qualified member of the Malaysian judiciary for the post of chief justice.

The question is whether the Ministers and MPs from Sabah and Sarawak dare to tell the Prime Minister, Datuk Seri Najib Razak, that Sabah will have to wait 100 years to produce another judge as gifted as Richard Malanjum.

This is most unlikely as how can the Barisan Nasional Ministers and MPs from Sabah and Sarawak be trusted to uphold Sabah and Sarawak interests when they dare not openly declare their support for Malanjum as Chief Justice of Malaysia, especially as next Thursday on August 3 will be deadline for the appointment of a new Chief Justice. Read the rest of this entry »

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Cabinet today should speak up for a moderate Malaysia for a change, suspend the ban on G25 book and form a high-level committee to hold public hearings whether the book should be banned

The reported ban on G25 book on “Breaking the Silence –Voices of Moderation: Islam in a Constitutional Democracy” is so extraordinary and unbelieveable that the Deputy Prime Minister and Home Minister, Datuk Seri Zahid Hamidi must confirm whether he had authorized such a ban and why.

This book is produced by G25, comprising former high-ranking Malay/Muslim civil servants, civic leaders and politicians first formed in December 2014 to call for a rational dialogue on the position of Islam in a constitutional democracy as they are deeply concerned over developments regarding race relations, Islam and extremist behaviour in Malaysia.

In the Open Letter in December 2014 signed originally by 25 prominent personalities, including former secretaries-general, directors-general, ambassadors, judges and prominent Malay individuals who have contributed much to Malaysian society, their spokesperson, Datuk Noor Farida Ariffin, former Malaysian Ambassador to the Netherlands, said she and the others were “deeply concerned about the state of the debate on many issues of conflict on the position and application of Islamic laws in Malaysia”.

Stressing that it was time for moderate Malays and Muslims to speak up, and that “extremist, immoderate and intolerant voices” do not speak in their name, she said:

“Given the impact of such vitriolic rhetoric on race relations and political stability of this country, we feel it is incumbent on us to take a public position and urge for an informed and rational dialogue on the ways Islam is used as a source of public law and policy in Malaysia”.

She 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”.

Now with the ban of G25’s book, what does it imply?

Will G25 itself, comprising former top prominent Malay/Muslim civil servants and public servants and which has since expanded to double its original number but has decided retain the name of “Group of 25” or “G25”, as this is the name that the Malaysian public is familiar with, be next to be banned, signifying a major setback for the cause of a moderate Malaysia and the triumph of extremist and intolerant forces in the country?

Does the ban of G25’s book signify a far-reaching and even seismic transformation in the nation-building directions in the country, where what had been regarded as being in the “out-boxes” for the past six decades have made a grand entrance into the “in-boxes” and what had been in the “in-boxes” under five Prime Ministers from 1957 to 2009 under Tunku Abdul Rahman, Tun Razak, Tun Hussein Onn, Tun Dr. Mahathir Mohamad and Tun Abdullah Badawi have now been relegated to the “out-boxes”? Read the rest of this entry »

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Call for a common strategy by the 10 Cabinet Ministers and 57 MPs from Sabah and Sarawak in next week’s Parliament to ensure that the first appointment of a Chief Justice from Sabah and Sarawak is not voided and by-passed

The 10 Cabinet Ministers and 57 MPs from Sabah and Sarawak should meet before Parliament reconvenes next Monday on 24th July to work out a strategy to ensure that the first appointment of a Chief Justice from Sabah and Sarawak in the sixth decade of the formation of Malaysia should not be voided and by-passed.

The unconstitutional extension of the tenures of Tan Sri Rau Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively will be detrimental to the cause of Malaysian nation building.

The by-passing of the opportunity for the appointment of the first Chief Justice from Sabah/Sarawak will be exploited by those in Sabah and Sarawak who are attacking the Federal Government in Putrajaya as too Peninsular-centric and unable to take full account of the vision of Malaysia as a federation where the rights and interests of Sabah and Sarawak are given full respect and recognition. Read the rest of this entry »

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Call on BN Sabah and Sarawak Ministers and MPs to take a common and united stand with Pakatan Harapan MPs for the appointment of Richard Malanjum as the new Chief Justice of Malaysia

I said at the DAP Miri’s “Bangkit Miri, Undi Harapan” 14th General Election Preparation dinner on Friday night that the unconstitutional extension of the tenures of Tan Sri Rau Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively will be detrimental to the cause of Malaysian nation building.

The by-passing of the opportunity for the appointment of the first Chief Justice from Sabah/Sarawak will be like “manna from heaven” and exploited by those in Sabah and Sarawak attacking the Federal Government in Putrajaya as too Peninsular-centric and unable to take full account of the vision of Malaysia as a federation where the rights and interests of Sabah and Sarawak are given full respect and recognition.

This unconstitutional extension of the tenures of Raus and Zulkefli is totally indefensible, undermining not only the sanctity and integrity of the Malaysian Constitution and the vision of Malaysia as a federation where Sabah and Sarawak are fully integrated and not treated as step-brothers, it would also undermine the promotional opportunities and prospects of at least eight Federal Court judges, including three women!

As the most glaring injustice of the unconstitutional extension of the tenures of Raus and Zulkefli is the by-passing of the opportunity to appoint the first Chief Justice from Sabah and Sarawak in the person of Tan Sri Richard Malanjum, I call on all Barisan Nasional Ministers and MPs from Sabah and Sarawak to take a common and united stand with Pakatan Harapan MPs for the appointment of Richard Malanjum as the new Chief Justice of Malaysia. Read the rest of this entry »

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Extension of Raus as Chief Justice after August 3 not only unconstitutional but deny Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia

It must be a matter of grave concern to all patriotic Malaysians that the integrity and sanctity of the Malaysian Constitution is receiving less and less respect from the powers-that-be, and the latest example of an incipient constitutional crisis in Malaysia is the illegal and unconstitutional extension of the tenures of Tan Sri Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively.

The extension of the tenures of Raus and Zulkefli are not only unconstitutional, but would affect the promotional opportunities and prospects of at least eight Federal Court judges, including three women.

But the most glaring injustice of the unconstitutional extensions will be the denial of the opportunity of Tan Sri Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia.

Malanjum is in fact the most senior Federal Court judge in the country, more senior than both Raus and Zulkefli. Read the rest of this entry »

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If there is a secret ballot among the hundred-odd judges in the three tiers of judiciary, the overwhelming majority will uphold the constitution and support the position that it is unconstitutional to extend the tenures of Chief Justice and Court of Appeal President

Thanks to the Minister in the Prime Minister’s Department, Datuk Seri Azalina Othman Said for admitting clearly that the appointment of Chief Justice Tan Sri Md Raus Sharif and the Court of Appeal President Tan Sri Zulkefli Ahmad Makinudin as additional judges so that they can continue as the two top judges in the country were made on the advice on Tun Arifin Zakaria on March 30, his last day as Chief Justice before his retirement.

Article 122(1A) in the Federal Constitution has not been complied with in the appointment of Raus and Zulkefli as as “additional judges”, unless the Chief Justice in office at the time of the appointment had also advised the Yang di Pertuan Agong on the matter.

Raus is the Chief Justice at present. Did he advise the Yang di Pertuan Agong on the appointment of himself and Zulkefli as “additional judges” under Article 122(1A) of the Federal Constitution, which reads: Read the rest of this entry »

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Was Shafee involved in former Chief Justice Arifin’s advice for the unconstitutional appointment of Raus and Zulkefli as “additional’” judges after the duo’s compulsory retirement to unconstitutionally extend their tenures as the two top judges in the land

Opposition leader Datuk Seri Anwar Ibrahim threw a bomb from Sungai Buloh Prison when he questioned if prominent lawyer Tan Sri Muhammad Shafee Abdullah was involved in the extension of Chief Justice Tan Sri Md Raus Sharif and Court of Appeal President Justice Tan Sri Zulkefli Ahmad Makinudin’s respective tenures.

I full agree that if this is true, the Prime Minister Datuk Seri Najib Abdul Razak should come clean on the matter.

This will put Shafee’s comments on the constitutional controversy over the extension of Chief Justice and Court of Appeal President in a very different light – making Shafee’s comments most self-serving and lacking in the candour and professionalism expected of a senior and prominent lawyer. Read the rest of this entry »

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Pathetic, with Shafie as the lone voice against the tide of informed opinion and putting up his worst defence ever for the unconstitutional extension of Raus and Zulkefli for the top two judicial posts in the country

It is most pathetic, with controversial senior lawyer Tan Sri Muhammad Shafee Abdullah as the lone voice against the tide of informed opinion and Shafee putting up his worst defence ever for the unconstitutional extension of the tenures of Chief Justice Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin through the backdoor of Article 122(1A) of the Federal Constitution to appoint additional judges.

Just because Shafee got up at 5 am today and first saw the announcement is no testimony for the constitutionality of the extension of the tenures of the Chief Justice and the Court of Appeal president, which were in fact aggravated by the unconstitutional use of Article 122(1A) as a backdoor for such unconstitutional extensions – making the extensions of Chief Justice Rauf and Tan Sri Zulkefli for the top two judicial posts as doubly unconstitutional!

Shafee begs the question when he said:

“Almost everyone thought Raus recommended himself and Zulkefli to be extended as ‘additional’ judges under Article 122(1A) of the Federal Constitution. He did not.” Read the rest of this entry »

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Late-night announcement of appointment of Raus Sharif as “additional judge” and extension of tenure as chief justice for another three years unprecedented and unconstitutional – plunging Malaysia into new constitutional crisis

The late-night announcement of appointment of Tan Sri Raus Sharif as “additional judge” to remain as Chief Justice for another three years is unprecedented and unconstitutional and has plunged Malaysia into a new constitutional crisis.

Late night announcements seem to have become a new modus operandi of the Najib premiership – as another late-night announcement last night was the Prime Minister, Datuk Seri Najib Razak’s statement firing a ferocious salvo against former Prime Minister, Tun Dr. Mahathir Mohamad.

My statement on Wednesday on the three questions troubling judges, lawyers, legislators and informed Malaysians for some time may have expedited the late-night announcement last night on the illegal and unconstitutional appointment of Chief Justice Md Raus Sharif as an “additional judge” and extension of his tenure as Chief Justice for another three years. Read the rest of this entry »

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I will quit DAP if it is a Christian party

By Joshua Woo Sze Zeng
Free Malaysia Today
July 6, 2017

History shows the evil that can be done in the name of religion for political gain, including oppression of other religions and other schools of thought.

COMMENT

I joined DAP as a member before the 12th general election in 2008. I believe in DAP’s vision to make Malaysia a better place for everyone, regardless of race and religion.

I am convinced that DAP’s political framework based on “ideals of accountability, equality, justice and human dignity” (as stated in the party’s constitution) can serve as the best form of governance for the Malay, Chinese, Indian, Iban, Kadazan, Bidayuh, and everyone else in this shared country.

I believe that DAP has accurately described the Federal Constitution as a “secular document”. And so, the party aims to follow the constitution to “preserve the special position of the Malays and Bumiputeras while protecting the rights of other races” and “safeguarding the position of Islam as the religion of the federation while simultaneously championing the freedom of other religions” (as stated in the party’s Shah Alam Declaration).

Nine years have passed since I became a DAP member. And the party has not changed its vision and political framework.

Therefore, it is extremely strange that there are people who allege that DAP is a Christian political party and has a “Christian agenda”. Read the rest of this entry »

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Three questions whether the country will have an illegal and unconstitutional Chief Justice swirling in the minds of judges, lawyers, legislators and informed Malaysians

Three questions whether the country will have an illegal and unconstitutional Chief Justice swirling in the minds of judges, lawyers, legislators and informed Malaysians

Three questions whether the country will have an illegal and unconstitutional Chief Justice at the pinnacle of the judiciary is swirling in the minds of judges, lawyers, legislators and informed Malaysians for some months.

They are:

• Will the country have an illegal and unconstitutional Chief Justice after August 3, 2017?

• Will a new constitutional crisis blow up in the face of Parliament during its three week July/August meeting from 24th July to 10th August with the appointment of an illegal and unconstitutional Chief Justice?

• Will the country be celebrating the 60th National Day anniversary and the1957 Merdeka Constitution with a most serious assault on the sanctity and integrity of the fundamental provisions in the 1957 Merdeka Constitution on the doctrine of separation of ;powers and the independence of the judiciary? Read the rest of this entry »

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Apandi has exceeded his powers and jurisdiction as Attorney General and usurped the powers of the Cabinet, in particular the Foreign Minister, when he pronounced the US DOJ kleptocratic action as “politically motivated”

Tan Sri Mohamed Apandi Ali, has exceeded his powers and jurisdiction as Attorney-General and usurped the powers of the Cabinet and in particular the Foreign Minister when he pronounced in Kota Bahru yesterday that the US Department of Justice (DOJ)’s largest kleptocratic actions to forfeit US$1.7 billon 1MDB-linked assets out of US$4.5 billion 1MDB money-laundering activities through American banks and financial system as “politically motivated”.

The decision whether the United States, or any other country, had been “politically motivated” in taking action, whether legal or of otherwise, which are prejudicial to the national interests should be made by the Cabinet and not by the Attorney-General.

It is for the Attorney-General to submit such a case to the Cabinet but it is for the Cabinet to decide and act on whether the US DOJ action is “politically motivated”.

Otherwise we have “the tail wagging the dog” phenomenon, with the Attorney-General yesterday setting and announcing the agenda that the US DOJ action is “politically motivated”, which is to be endorsed and acted upon by the Cabinet at its meeting today.

In our system of government, it is the AG who is answerable to the Cabinet and not the Cabinet which is answerable and beholden to the AG! Read the rest of this entry »

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Call for appointment of an Independent Prosecutor to investigate into egregious abuses of power by Attorney-General and Inspector-General of Police as in the baseless charges against Khairuddin and Chang since July 2015

The prosecution of Khairuddin Abu Hassan and lawyer Matthias Chang under Section 124L of the Penal Code for allegedly attempting to sabotage Malaysia’s banking and financial institutions is among the worst examples of malicious prosecution by the Attorney-General Tan Sri Mohd Apandi Ali to protect the Prime Minister, Datuk Seri Najib Razak at all costs from charges of global kleptocracy and the 1MDB scandal.

In countries which observe the rule of law and uphold the principles of good governance, both the Attorney-General and the Inspector-General of Police would have tendered a detailed public apology, if not tendered their resignation, for their gross abuses of power.

The charges preferred against Khairuddin and Chang were not only serious, but most heinous – allegedly subverting the sovereignty of the nation apart from sabotaging the banking and financial institutions of the country, which carry a heavy maximum sentence of 15 year’s jail on conviction.

How can the Attorney-General and Inspector-General of Police prefer such charges without an iota of evidence adduced in court, and what is worse, seeking to use the anti-terrorism law in earlier charging both under the Security Offences (Special Measures) Act 2012 (SOSMA), which would have allowed a person to be detained without trial for 29 days! Read the rest of this entry »

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Call on all Malaysian youths, regardless of race or religion, to lead a “Malaysia Reset” national movement on the 60th Merdeka celebrations to make the country a world-class nation

This year Malaysians celebrate the 60th National Day anniversary to mark the historic day on August 31, 1957 when Malaya achieved Independence and set out as an independent and sovereign nation in the international community, leading to the formation of Malaysia 57 years ago on Sept. 16, 1963.

Malaysia was second after Asia in terms of prosperity and income when we achieved independence in 1957. Had we built on our advantages, assets, resources and talents in the last sixty years?

Malaysia achieved global prominence on the occasion of our 60th National Day anniversary – when we achieved the infamy of becoming a global kleptocracy.

In the November meeting of Parliament, I asked Barisan Nasional MPs whether they know the meaning of “kleptocracy”. I said “kleptocracy” is a government of 3Ps – Pencuri, Perompak and Penyamun.

Former Prime Minister, Tun Dr. Mahathir Mohamad said there is a fourth P – Penyangak.

What is most shocking is that the Najib Government has put up a great pretence – becoming a “Great Pretender” – that the international multi-billion dollar 1MDB kleptocratic money-laundering scandal does not exist although almost every other day, it is making waves and world headlines in other parts of the world with new developments and angles of the largest kleptocratic money-laundering in recent times.

As I said in Parliament yesterday, just google “1MDB” on any browser on the Internet, and you will get millions of results on the seacrh for “1MDB” within seconds. Read the rest of this entry »

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DAP stands fully united in support of the government to resolve the crisis with North Korea

DAP stands fully united in support of the government to resolve the crisis with North Korea and the safe return of the nine Malaysians who are barred from leaving North Korea amidst the diplomatic row between the two nations.

Both North Korea and South Korea are presenting important lessons for Malaysia.

The lesson we must learn from the diplomatic crisis with North Korea is that Malaysians must stand united in support of the government’s dealings with foreign countries, as we must not give foreign countries any opportunity to exploit any internal differences for their benefit.

The lesson we must learn from the political crisis in South Korea following the impeachment of the South Korean President Park Geun-hye by the unanimous decision of eight judges of the Constitutional Court is quite different – that Malaysia must always uphold the rule of law and the sanctity of the Constitution if the country is not to be plunged into any political chaos. Read the rest of this entry »

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G25: We don’t need divisive PAS bill

Group of 25
Malaysiakini

COMMENT

We, G25, anxiously appeal for a promise from each honourable Member of Parliament to not support/cancel the debate on PAS’ private motion to amend Act 355, which will now be debated in Parliament.

We hope the honourable MPs would ponder upon and note that any amendment to Islamic laws should be done within the framework of the Federal Constitution.

Specifically, Article 4 provides for the superiority of the federal law and civil courts over state Islamic enactments and syariah courts.

This ensures the existence of only one system of justice governing all Malaysians. Read the rest of this entry »

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