Between a rock and a hard place (2)

Two YouTube items here:

(1) A longer 8.23 minute video clip of the two parliamentary episodes during question time yesterday when the 30,000-people Hindraf demonstration in Kuala Lumpur on Sunday, 25th November 2007 was raised. The earlier clip was 5.08 minutes. The longer video clip has the supplementary question by the “one-eye closed” BN MP for Jasin who demanded to know what action would be taken against the “kurang ajar” Hindraf demonstration. It also exposed the hollowness of the reply by the Internal Security Deputy Minister, Datuk Mohd Johari Baharum that action would be taken against all political leaders who break the law without fear or favour. Johari was stumped and speechless when I riposted why no action was taken against Khairy Jamaluddin.

(2) The controversial Aljazeera interview of MIC Cameron Highlands MP, S.K. Devamany belitting “the type of people” who took part in the Hindraf demonstration, which he accused as having been “orchestrated” by “irresponsible” people.

The Sagaladoola blog has not only volunteered a transcript of part of the Devamany Aljazeera interview, but posed several pertinent questions to the MIC MP who is now caught between a rock and a hard place.

This is from Sagaladoola:

Some important points from the fourth video:

Q: Why then if there is a democratic process in place, you do not allow protests to take place. These people have requested a permit but you turned it down. Why is it necessary?

A: I think the intention was wrong. I think because religion was used and religious issues are very sensitive in this part of the nation. We are a multi-religious nation and things can go out of place and emotions are flaring.

Q: Hold on a minute, you seem to be suggesting the protesters are causing the violence but in fact it was not the case. It was clearly the police that were taking the aggressive stance by firing tear gas and spraying chemicals through water cannons. They were not provoked by the protesters.

A: We have to see the type of people that came for the demonstration. I am not there but I wish that the demonstrators are matured and know how to handle themselves.

Q: Sir, what do you mean by the type of people. Are you referring to the fact that these people are of Indian ethnicity? Is that something that the government cannot accept : Indians taking to the streets?

A: No, No, I don’t think so. I don’t think so. The fifth prime minister has been giving tremendous allowances for openness and errh, feedbacks from the people, the press has been given freedom, legislatively freedom has been given the last four years.

Q: OK.

A: And the result of this response is because also of the openness. And I think the reactions could be instigated by one or two incidences which could have been overshot, overblown and there is a reason. A layman doesn’t exactly know what is being done.

Then, I have more questions to ask the MP from MIC:

1) If it is the openness of the current governance, why aren’t the protesters allowed to march?

2) If laymen do not understand “what is being done”, why didn’t the MPs or members explain it to the laymen and make sure they fully understand way back before the rally?

3) Dear me, are you sure it is only one or two incidences that caused such dissatisfaction? I wish the Indians good luck. I vow to all Indians to perform as suggested by Devamany, do it through the ballot boxes too.

4) Are you really sure the press and legal are really free? Hmmn.. wow… let’s see the newspaper tomorrow.

5) The person is still unable to convince me with his answer on “Why the protest is illegal when the country is supposed to be practising democracy ?”.

  1. #1 by Bigjoe on Tuesday, 27 November 2007 - 9:07 am

    Ok. MIC MP a hypocrite and got caught. Denial by hypocrite. UMNO leaders throw in a few more comments to defend etc. etc. All this song and dance, we know technically its important for opposition to state them and point it. But what is next?

    There is an opportunity to take the debate to the next level and the question is what the opposition is going to do with it? I don’t see Anwar and Lee Guan Eng doing anything other than just voice their support. Sdr. Lim is blogging about it and doing a lot more in Parliament.

    In politics, when there is an opportunity, they should take no prisoners. UMNO do not hessitate to crush its opponents when there is an opportunity. Why the hesitation by PAS, Keadilan and to a certain extent DAP? Because they are prisoners of their own constituencies? Because there is a hint of doubt about Hindraf trustworthiness because of MIC background of some of them? How about leading their constituencies as they are charging their BN counterpart for not doing it?

    Dr. Mahathir, before he resigned, said to the Malays ‘Others will not wait for us to catch up’. This is the message that should be reminded to the UMNO. This is what the Hindraf rally is all about.

  2. #2 by Chong Zhemin on Tuesday, 27 November 2007 - 9:23 am

    1) If it is the openness of the current governance, why aren’t the protesters allowed to march?

    Government is open and transparent enough lar~nothing to hide, so why march??

    2) If laymen do not understand “what is being done”, why didn’t the MPs or members explain it to the laymen and make sure they fully understand way back before the rally?

    We made it clear that it’s an illegal rally. we explain already but they still couldn’t understand. so force have to be used to disperse the rally.

    3) Dear me, are you sure it is only one or two incidences that caused such dissatisfaction?

    Only the moorthy case and the demolition of indian temples mar~ still got other incidences meh??

    4) Are you really sure the press and legal are really free? Hmmn.. wow… let’s see the newspaper tomorrow.

    Yes, they are free. if not, you wont’s even read a single piece of news on the illlegal demonstration.

    5) The person is still unable to convince me with his answer on “Why the protest is illegal when the country is supposed to be practising democracy ?”.

    Aiya, if the people is not happy about us, they can always do it through the ballot box not on the streets. We have eeerection every five years, that is real democracy……

    p/s : I suppose all BN MPs’ are trained to give this type of “standard answers”.

  3. #3 by budak on Tuesday, 27 November 2007 - 9:33 am

    1st MIC head say donwan to hold Deepavali Open House…
    then 2nd MIC man say he’ll continue to open…
    now 3rd MIC traitor say Indian not given enough opportunities…
    but in TV he says else thing…

    Deva oh Deva, for the sake of $$$ you may continue to stay with MIC… but no MARUAH lah… if you want MARUAH KAUM INDIAN, please get out from MIC dog house…

  4. #4 by smeagroo on Tuesday, 27 November 2007 - 9:34 am

    IF you are not happy dont take it to the streets. Do it via the ballot box. We the BN are not afraid. We have the EC on our side.

    Bring it on!

  5. #5 by jigsawpuzzle on Tuesday, 27 November 2007 - 9:40 am

    When I see YB Kit, I do not see him as a Chinese man. I see him as a Malaysian. With that said, thank you Mr. Kit once again for fighting for the rights of indians. Someday, i hope we can all be prosperous and be kind to one another. Off course, this is only possible without BN.

  6. #6 by max2811 on Tuesday, 27 November 2007 - 9:40 am

    All these problems are caused by the previous regime. That’s why he has to control the judiciary so as to protect his butt when he retires. From toll companies to IPPs, bridges, roads, whatever. Money goes to him and his cronies.

    The present PM is so weak, many things done behind his back and in front of him are not noticed. Ministers, SIL and DGs of various ministries can usurp his powers.

    If only we have more intelligent people in Parliament, who are not racist, incorruptible, selfless and nationalist, then Msia can progress. Our RM is around $0.425 Sing dollars. What’s happening? Other countries are growing and getting way ahead. We are still concern with who can get into the IPTAs, who can get which contracts, jobs or positions. If UMNaziO can’t run the country, don’t ruin it.

    How can we face globalisation when we are still bickering, keris-wielding, contract-hijacking, finger-pointing, delineating(again) constituencies, conspiring and counter-conspiring, having a Minister of Information who can’t speak English and tidakapalah attitude?

  7. #7 by boh-liao on Tuesday, 27 November 2007 - 9:55 am

    Please write lines 100X: Khairy Jamaluddin is unique and above the law. Hence, how can he break the law?

    Najib Tun Razak pointed out that if the Government had practised discriminatory policies against the Hindus as claimed by Hindraf, the Indian community in the country would not have supported the Government all this time and Barisan Nasional would not have been able to achieve big victories in elections.

    So, Indian Malaysians, please take note that according to Najib Tun Razak, BN has already done a lot for your community. That’s why your community is eternally grateful to BN and always supports BN.

    On a postive and truly ‘Malaysia Boleh’ news: Heartiest congratulations to our national badminton player Wong Mew Choo for winning the China Open women’s singles title on Sunday, 25 Nov 2007. Fantastic! Hope more Malaysians will emulate her motivation, indomitable spirits, and tenacity.

  8. #8 by mendela on Tuesday, 27 November 2007 - 9:56 am

    Again to remind all of you again, this regime is in panic stage now.

    It is like there were just told by doctor that they were in the last stage of cancer disease.

    The regime is in a hysterical situation since it knows its days are numbered!

  9. #9 by oknyua on Tuesday, 27 November 2007 - 10:11 am

    Let’s forget what MP Devamany said, but instead focus on HINDRAF. According to DPM Najib, (today’s star), Hindraf do not have legitimate reason to complain, meaning to say, what Hindraf called for are all fabricated lies.

    On the other hand, old Sam changed his tune too. Instead of condemning the Hindraf, he showed sadness. He explained more could be achieved by consultation. Maybe that explained MP Devamany’s dissent, if you could call it that. And what about ther members of MIC?

    I salute Hindraf, but now it seems the Indians are closing ranks. The fact DS Anwar and Lim GE openly supported Hindraf prevented MIC openly endorsing the claims of Hindraf.

    YB Lim, that is a lesson for the opposition parties in Malaysia. You have a common flatform now. You also got the strong momentum. If the Indians can close ranks, could the opposition join forces? You and I had witnessed the efficiency of UMNO. No half-hearted challenge can dislodge them from power.

    I think that is the issue you, YB Lim, should focus yourself upon. The rest are peripheral, side-shows.

    Terima kasih.

  10. #10 by pkrisnin on Tuesday, 27 November 2007 - 10:15 am

    Hindraf had a point as too why rich Malays are given special rights too. It doesn’t make sense for them to get contracts or 7% discount buying a house.
    But I wish Hindraf would represent all poor people, there are poor people of other races too. The gov. has used the Malay agenda to hide the fact only certain people in UMNO, MIC and MCA and their cronies are getting the rich.

    Then we we have Jasin with his 40 orang terkaya are not Malay even with all the gov NEP, do they really want to go there. I dare him to let an independent panel from outside Malaysia to investigate all the UMNO leadership assets then we see who’s the richest people in Malaysia. At least these 40 people work for their money and are not afraid to declare their asset.

  11. #11 by Chong Zhemin on Tuesday, 27 November 2007 - 10:40 am

    After all that had happened in our country, I could relate them to the script in the movie V for vandetta…

    The Script after i edited….

    There is something terribly wrong with this country, isn’t there? Cruelty and injustice, intolerance and oppression. And where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who’s to blame? Fear got the best of you, and in your panic you turned to the now Prime Minister, Abdullah Ahmad Badawi. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent. Let me remind you that fairness, justice, and freedom are more than words, they are perspectives. So if you’ve seen nothing, if the crimes of this government remain unknown to you then I would suggest you allow the next General Election to pass unmarked. But if you see what I see, if you feel as I feel, and if you would seek as I seek, then I ask you to stand beside me in the next General Election, through the ballot box, and together we shall give them a General Election that shall never, ever be forgot.

    People should not be afraid of their governments. Governments should be afraid of their people.

  12. #12 by sotong on Tuesday, 27 November 2007 - 11:07 am

    This is the result of decades of bad leadership and role models.

    Most politicians are either liar or hypocrite, the worse are both…..the sad thing is people looked up to them when they have not contributed anything significant to the country.

    Good role models should be those who achieve greatness in sport, business – to create real and rewarding jobs, community service and charity to assist the poor and etc..with their own effort, time and money.

  13. #13 by sani on Tuesday, 27 November 2007 - 11:09 am


    Again many thanks for defending the Hindraf movement, as it is a movement to “liberate” the gagged Malaysian public.

    It was a well thought out strategy of civil disobedient, within the confines of our stone age political spectrum. We must realize that, Hindraf not only fought for Hindus but Malaysian at large.

    As for BN Cameron Highland,some fresh mountain air must had done him some good. I thought coming out to break ranks was must better than any appologies. Yes he might just use this to gain political mileage, but it might also cause an avalanche?

    Whatever BN Jasin said, doesn’t really matters, because how can anyone take him seriously, when God gave him a pair of eyes but he elect to use only one?

    PAS, publicly came out to state that the PIG industry is acceptable in a PAS dominated goverment. We as social democrats must be brave enough to face social realities + democratic enough to accept others’ priorities, within a fair + just society.

    As a live long supporter of DAP, i look for your leadership, to work with the best organized political machinery outside of the BN.

  14. #14 by budak on Tuesday, 27 November 2007 - 11:15 am

    Chong Zhemin:
    “People should not be afraid of their governments. Governments should be afraid of their people.”

    I can bring you up, I can brought you down too..!

    “Then we we have Jasin with his 40 orang terkaya are not Malay even with all the gov NEP, do they really want to go there.

    At least these 40 people work for their money and are not afraid to declare their asset.”

    That’s true, that’s why 80% of taxpayer aren’t Malay…
    Ask Happy-D*ck how much taxes he had paid…

  15. #15 by mendela on Tuesday, 27 November 2007 - 11:27 am

    Yes, DAP and PAS must close ranks to fight and win this war for a better Malaysia!

    Enemies’s enemies are our best allies.

  16. #16 by sotong on Tuesday, 27 November 2007 - 11:37 am

    PAS is only concerned about religion….race is not an issue in Islam.

    UMNO is both race and religion – the mix of both in politics is more divisive and damaging to the country than PAS.

  17. #17 by Joetan on Tuesday, 27 November 2007 - 11:47 am

    Khairy is above the law bcos he has connection in the ruling party. He can used racial tone in most of his utterance without being afraid of Sedition Act. The racial tone is his weapon to gain support from his UMNOputra supporters to secure power and position in UMNO. This oxford graduate believe that the racial tone is the best weapons to helps him climb the ladder in UMNO and to helps him gain wealth as well. Whenever he is caught in a tight situation like the ECM libra issue he used the non-malays as a punching bag in order to get out from the public attention. This oxford graduate is fully aware that his father in law AAB will not let the police charge him on Sedition Act or throw him in jail as AAB loves his daughter too much. The Sedition Act is meant for ppl like the Hindraf leaders and not for UMNOputras like Khairy.

  18. #18 by Jimm on Tuesday, 27 November 2007 - 1:02 pm

    Until today, we still talk with colors in our mind …
    There have never been Malaysia Malaysian …
    Don’t expect changes to come this soon as all these basic understanding are still far from reaching.
    BN are going through ‘fist of fury’ to keep their grounds on power.
    Their own people in the pack are actually ‘chewing up’ their defence walls and spitting out the worms.
    We all need KJ to mastermind the massive destruction of BN walls.
    Keep this guy going all the way up and out with his dreams.
    Once a guy like these ‘material’ , always the guy that ended up the same.

  19. #19 by Jeffrey on Tuesday, 27 November 2007 - 1:06 pm

    One either plays by the rules (the law) and play outside them. If by the rules, we have the Police Act. It is a draconian Act. It requires a permit to be applied from the police for a gathering that is more than three people. The decision of the police is final and cannot be challenged in court. If the assembly has not obtained the permit then it is illegal, and the police could apply what reasonable force it deems fit to disperse it. Using tear gas or water cannons is considered “reasonable force” by the authorities.

    When one challenges the Police Act one would cite article 10 of the Constitution and argue that Freedom of Assembly is constitutionally protected, and to the extent that the Police Act conflicts with the Constitution the Police Act should be struck down as illegal because it conflicts and contradicts the most basic law, the Federal Constitution.

    However the real question is does it conflict? It will not however conflict if the Constitution (amended by 2/3 majority of BN parliamentarians) itself says that the authorities have sole prerogative to qualify this fundamental right by withholding the permit based on the overarching concerns for security and public order.

    The position is clear that, by the very Constitution that is cited by all as sacrosanct, the right of citizens to “assemble peaceably without arms” guaranteed by Article 10(1)(b) is qualified under Article 10(2) by such laws like the Police Act (the others would be the Sedition Act and Printing Publication and Press Act) that Parliament enacted restricting it in the interest of security and public order.

    This means discretion is conferred by Parliament to the IGP who makes the decision on whether public order and security will be jeopardised by the assembly. He says it does and withhold the permit making the assembly illegal, then what can you say?

    The more precise question is whether the IGP’s exercise of discretion is justiciable ie. can be reviewed by court as to whether it is correct or not correct, tenable or not tenable.

    Here the provisions of the Police Act would say the decision of the police is final and cannot be challenged in court. It seems to be a dead end here but for the saving grace that in any democratic country in which there is a brave and independent judiciary, nothing is really not justiciable when one plays with interpretation.

    Parliament (with aid of AG’s draftsmen) may craft the right language to say that the Minister or IGP has all the rights to decide without the intervention courts but who is the referee who reads the rules and says that is or is not so?

    It is still the courts and an independent and brave court will always circumvent the rules and using the flexibility that words and language allow, will rule that the courts are not excluded from reviewing in this or that event and in the particular instance (for example) the Minister or IGP has decided wrongly to withhold the police permit for Hindraf or Bersih when no action was taken against Khairy who had a rally against Condoleezza Rice, and therefore the assemblies were legal, and all those participants arrested would walk free.

    So ultimately if one plays by the rules it is of paramount importance to look to the independence of judiciary – this is the ultimate safeguard – a judiciary that is not beholden to executive interference and will be ready juxtaposition itself as bulwark between a powerful Executive and the rights of the citizenry when push comes to shove!

    For an independent judiciary to evolve, the citizenry must be vigilant and not indolent of their rights, which again depends again on tradition and culture whether the peoples or at least the majority of them are desensitized to authoritarian directives as in feudal practices or fiercely jealous of their freedoms.

    The problem in this country is that there are substantial segment still acquiescing wit the BN’s authoritarian rule, never mind the reasons whether they are beneficiaries of the existing order whether in terms of business, NEP etc or just distrustful of the Opposition. The BN won over 90% of the seats by garnering slightly over 60% of the votes. One can say that it got 90% because of taking advantage of gerrymandering or postal or phantom votes money politics and so on but one cannot ignore discounting all that it is still getting at least over 50% of the popular vote to support its claim that bit represents the majority!

    Unless one can persuade this majority to change track, it is an uphill battle for the minority vigilant of their democratic rights to make the ruling coalition to change and cleanse the judiciary or Article 10(2) of the Constitution or the electoral system – in other words change the rules of the game stacked against the minority and their agenda for reform for the betterment of the nation based on justice and equality.

    The minority will always find that based on the rules, the law, and with it the courts and the whole power of the state are arrayed against them.

    Which is why many of late (undoubtedly inspired by DSAI) are testing grounds, going around the rules, the law, the Police Act via street demonstrations ie peoples power. They are saying if the rules are stacked how to play lawfully by them? They are also testing the Premier’s will, whether he will order crackdown. That is not a remote possibility.

    I would think it is likelihood – another Operation Lallang II – this is the cost of this experiment at Peoples Power – it is not a question of if but when – they feel sufficiently pressed against the wall.

    You see, our ruling elite will never willingly give up power due to such pressure because (1) too much and too many vested interests, contracts fears of being held accountable after losing power are at stake (2) they have the police and armed forces solidly behind them not to mention the rules and laws that they have fine tuned to justify their actions under the cover of a democratic practice based on elections and (3) they are absolutely counting on the majority 50 to 60% backing them to defeat the challenge of peoples power….

    So you decide – whether want to play by the rules and slowly try to win concessions to change them or forget entirely about them and the ballot box and take to the streets.

    If you play by the rules, the immediate priority is to lobby for independent judiciary and at the same time do whatever necessary to try change the mindset of the majority especially in rural heartlands whose support for the BN is by and large quite prevalent.

  20. #20 by Jeffrey on Tuesday, 27 November 2007 - 1:07 pm

    Sorry typo error rectified in bold – One either plays by the rules (the law) OR play outside them.

  21. #21 by AntiRacialDiscrimination on Tuesday, 27 November 2007 - 1:28 pm

    If Malays stubbornly resisting change and clinging to the so-called “special rights”, they will degenerate into parasitic species, unable to survive without robbing something from the non-Malays.

    The Malays should wake up to the seriousness of the situation.

    Any Form 3 student can tell you that when a parasitic host is dying, the parasites inside it will die as well. Malaysia is so weaken by NEP, when it collapses, every one including the Malays will perish.

  22. #22 by burn on Tuesday, 27 November 2007 - 2:42 pm

    things have change tremendously when compare to 20-30yrs ago. it seem, priority is given more to ketuanan rather than to all malaysian. moreover, gomen PMs have been very selfish to other malaysians when declaring malaysia as islamic state. im OK if there are 80% of them, but 60/40???
    thought that all components parties work together, instead it’s the other way around. you follow what i say, period!
    ianya berlaku kerna malaysia tidak mempunyai leader yang berfikiran mendalam dan adil bagi memikir untuk semua rakyat yang berbilang kaum. fikirannya hanya satu, aku ada hak sebagai ketuanan. sedangkan bumi ni direka untuk semua makhluk hidup, bukan untuk hanya sejenis ketuanan homo sipien!
    what we have is a short sighted, uneducated leaders all this while, minus TAR, bapa kemerdekaan!

  23. #23 by cheng on soo on Tuesday, 27 November 2007 - 3:16 pm

    If polis really so strict on gathering permit, I think polis need a big team to handle permits, every week / month, so many mosques, churches, temples gatherings, marriage, birthday parties, funeral processions, celebration processions, festival gatherings, new year countdown etc. How many of these gatherings / assemblies are legal?
    Some BN leader said there never been peaceful gathering, sure? then do v had violent on all those occasions stated above? What stupid permit / Act is this?

  24. #24 by taikohtai on Tuesday, 27 November 2007 - 3:21 pm

    BN and EC always claim that the Malaysian elections are fair and square. However, this is not the opinion of most local and foreign observers. Will the Malaysian gomen invite UN to bring independent observers once and for all to clear this problem up?
    Answer: Besok Lusa………:(

  25. #25 by raven77 on Tuesday, 27 November 2007 - 7:57 pm

    Hindraf has exhibited incredible guts……they should organise another rally….and this time all like thinking Malaysians must be there at the rally

  26. #26 by pkrisnin on Tuesday, 27 November 2007 - 9:44 pm

    yeah it was funny when they threw the tear gas back at the cops and the FRU were running away

  27. #27 by lakshy on Tuesday, 27 November 2007 - 10:30 pm

    This is an SMS I just received:

    Note to All Malaysian Indians: Pls call our elected Representative in Parliament and ask whatever help U people needs. These so called Indian and Hindu leaders will fulfill your needs: Dato S. Samy Vellu:019-2165555, Dato’ G Palanivel: 012-2051557, Dato’ S. Veerasingam:012-5068888, S. Sothinathan:019-3176541, K. Komala:019-2631909, S.A.Vigneswaran:019-3832281, S. Subramaniam:012-6013370. Pls pass this msg to all Msian Indians out there.

    Oh, by the way, I did ask for Devamany’s contact number but was told that even MIC members have deleted his number already!

  28. #28 by DarkHorse on Tuesday, 27 November 2007 - 10:51 pm


    Please take note of Jeffrey’s comments here which are diametrically opposed to yours on this particular issue:

    “…right of citizens to “assemble peaceably without arms” guaranteed by Article 10(1)(b) is qualified under Article 10(2) by such laws like the Police Act (the others would be the Sedition Act and Printing Publication and Press Act)..”

    Jeffrey is right. You’re wrong. You’re wrong when you say that Article 27 of the Police Act is “null and void” because it “conflicts” with the supreme law of the land. It does not conflict. Please read the Federal Constitution of 1957.

  29. #29 by lakshy on Tuesday, 27 November 2007 - 10:58 pm

    How do you interpret this statement then?

    Article number: 4

    (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

  30. #30 by lakshy on Tuesday, 27 November 2007 - 11:03 pm


    (1) Subject to Clauses (2), (3) and (4) –

    (a) every citizen has the right to freedom of speech and expression;

    (b) all citizens have the right to assemble peaceably and without arms;

    (c) all citizens have the right to form associations.

    (2) Parliament may by law impose –

    (b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;

  31. #31 by raven77 on Tuesday, 27 November 2007 - 11:56 pm

    lakshy Says:

    PLease dont publish the contact numbers of gangsters…it is not very ethical….

  32. #32 by Jeffrey on Wednesday, 28 November 2007 - 12:21 am

    All our fundamental liberties are qualified (from day one) when the Constitution was promulgated in 1957.

    The words “Parliament MAY BY LAW impose on them such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order means just that – the Parliament could make laws to restrict these freedoms which it has done via the Official Secrets Act, the Sedition Act, The Public Order (Preservation) Ordinance 1958, the Internal Security Act and the Printing Presses and Publications Act 1984.

    This is settled law.

    Originally the wordings of draft constitution incorporated these words that the restrictions on freedoms imposed by federal law must be “reasonable”. Had this qualification “reasonable” been retained, legislations like the above mentioned may be challenged by courts on grounds of their reasonableness. Justice Abdul Hamid of Pakistan, a member of the Reid Commission argued aginst its retention because it would give rise to conflict between the views of the legislature and the views of the court on the reasonableness of the restrictions. He said, “To avoid this situation it is better to make the legislature be the judge of the reasonableness of the restrictions… There will always be a fear that the court may hold the restrictions imposed by it to be unreasonable. The laws would be lacking in certainty”.

    The fate of our fundamental liberties was sealed when the Reid Commission and the Federal Legislative Council endorsed this view.
    No less a personage than Lord William Reid, who chaired the Reid Commission said that “the greater part of the changes (to final constitutional draft) have been in the direction of giving more freedom to the Executive and Parliament of Malaya and correspondingly less extensive guarantees of individual rights that we had recommended. I cannot speak for my colleagues but speaking for myself I am not dismayed at the changes which have been made” – for reference see page 77, Yatim, Rais (1995). Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy.

    Lawyer Bhag Singh writing in a column of The Star cited Raja Azlan Shah J (as he then was) on this point : Mr Singh wrote, “Therefore, it is relevant to remember the often restated reminder by the Courts that the light of freedom of speech recedes where the darkness of sedition begins. The line is drawn as was said by Raja Azlan Shah J (as he then was) in the following words: “The right to free speech ceases at the point where it comes within the mischief of the Sedition Act”. Even Justice Raja Azlan Shah said, “the right to free speech ceases at the point where it comes within the mischief of the Sedition Act” see link in RPK’s Malaysia Today link –

    Our position is different from the US Constitution where the First Amendment is a part of the United States Bill of Rights.

    It prohibits the federal legislature from making laws “respecting an establishment of religion” (the “Establishment Clause”) or that prohibit free exercise of religion (the “Free Exercise Clause”), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances. (Reference source is Wikipedia).

  33. #33 by DarkHorse on Wednesday, 28 November 2007 - 7:47 am

    Hello, EARNEST!

    Please read this post. In your old age you may want to remind yourself from time to time that freedom of assembly is not unqualified in Malaysia.

  34. #34 by shaolin on Wednesday, 28 November 2007 - 11:45 pm

    Since WHEN The Malay Bumiputras have become
    PARASITES…?? Since the implementation of NEP…!!

    The Blood sucking Parasites WILL Perish too when All
    the Minority Groups die finally…becoz of their sucking!!

    Weak race, refuse to strive hard to achieve goals in life
    like what other races do, WILL PERISH in no time…!!

    It Will not go far from here…!!

  35. #35 by shaolin on Thursday, 29 November 2007 - 12:12 am

    Weak Race wILL in no time become ‘The Sickly People
    of South East Asia, later be ‘The Sickman of Asia’ and
    eventually be ‘The Most Sickly Men of the Universe’…!!!

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