Will public support Court action to uphold “caretaker government” concept once Parliament dissolved?


Media Conference Statement(2) by Parliamentary Opposition Leader and DAP MP for Ipoh Timur at the start of a two-day whistle-stop campaign in Perak to launch the second DAP general election theme on “Say no to corruption and rising prices” at the Pokok Assam market, Taiping on Saturday, 2nd February 2008 at 9 am:

Mulling legal suit for court declaration on caretaker government once Parliament is dissolved to prevent abuses of power by Prime Minister and Cabinet Ministers in misuse of government resources and funds for BN electioneering

The Cabinet on Wednesday spent three hours discussing the next general election – a gross abuse of government resources as well as another shocking example of the failure and increasing inability of government leaders to respect the important distinctions among the government, party and personal which is the root cause of rampant corruption in Malaysia.

I want to ask the Prime Minister, Datuk Seri Abdullah Ahmad Badawi whether in the three-hour Cabinet meeting on the next general election, he had issued a clear directive to all the Ministers that they should set an example of ethics and integrity once Parliament is dissolved, and should not abuse their “caretaker” responsibilities to abuse government positions, resources, manpower and funds for Barisan Nasional electioneering purposes.

Three weeks ago, I had sought an appointment with the Prime Minister to discuss among other things the importance of a premiership which had launched the National Integrity Plan to honour the concept of a caretaker government between the dissolution of Parliament and the election of a new legislature and formation of new government.

Under this concept, which has become commonplace in first-world developed nations, there is only a caretaker government when Parliament stands dissolved for a general election to be held.

In a caretaker government, Cabinet Ministers should not abuse government positions, machinery, resources and funds for any electioneering purpose for a political party or candidate.

A candidate who benefits unfairly from any “unhealthy” and dishonest practices, as campaigning assistance by the Prime Minister, Deputy Prime Minister or Cabinet Minister through the abuse of their government positions or misuse of public funds and resources, should be subject to disqualification. Cabinet Ministers who abused their “caretaker” roles should also be penalized.

There has been no response from the Prime Minister’s Office to my request for an appointment with the Prime Minister but I have received a sort of reply from his statement two days ago that he would meet with NGOs but not with Opposition parties in the run-up to the next general election.

As Abdullah has made it clear that he would not want to meet with Opposition leaders in the run-up to the next general election, even if it is in the national interest to ensure that Malaysia conducts a free, fair and clean general election and not to allow our international reputation to be further marred by having the “dirtiest general election in the nation’s history” – something which former Prime Minister Tun Dr. Mahathir Mohamad has just warned as likely to happen – I am seriously mulling court action for a declaration on the applicability of the concept of caretaker government once Parliament is dissolved to prevent abuses of power by Prime Minister and Cabinet Ministers.

This is clearly in the public interest. However, one consideration is holding me back – the question of cost. It could be very prohibitive to defend and uphold the public interest in court.

Although DAP National Chairman Karpal Singh is prepared to take up the case pro bono publico, there is the question of costs that might be awarded by the court if the case is dismissed. I understand the costs could be as high as RM50,000.

It is sad that costs should be such a deterrent factor in public-interest litigation suits.

The question is whether the Malaysian public are prepared to come forward to give financial support to adopt such a public interest litigation to get the court to spell out that the concept of “caretaker government” is relevant in Malaysian parliamentary democracy and should be honoured and observed by the Prime Minister and all Cabinet Ministers once Parliament is dissolved.

  1. #1 by hiro on Saturday, 2 February 2008 - 7:55 pm

    Uncle Lim, count me in, and I urge the rest of opposition supporters to do the same.

    All it takes is 50,000 voters to pay RM1 each, 5,000 voters to pay RM10 each. What’s RM10 compared with another 5 years of deterioration of cost of living?

    Even if the case gets thrown out, it will be another legitimate highlight of what’s wrong with our democracy, and cannot but be published in the media.

  2. #2 by ALtPJK on Saturday, 2 February 2008 - 8:01 pm

    If members of the public make donations and hopefully accumulate to an amount sufficient to cover the cost, will this present any legal or other breach of any election rules? If not, let me start by pledging to make a donation. In some earlier thread a poster indicated the name of a place to make such a donation. Can this be confirmed?

  3. #3 by HB Lim on Saturday, 2 February 2008 - 8:21 pm

    Elsewhere in this blog I have written that financial capability is one of if not the most important ingredients for a strong opposition. How do I send you the donation?

  4. #4 by Saint on Saturday, 2 February 2008 - 8:34 pm

    Yes I support the move.
    How to donate also.

  5. #5 by Jeffrey on Saturday, 2 February 2008 - 8:47 pm

    Costs of RM50,000 (less than RM120,000 fine on Dr. Basmullah) are smallest of issues and not deterrent factor : it could easily be raised from DAP’s supporters and Malaysians who care for better governance.

    The issue is whether such legal suit for court’s declaration is worth it in terms of probability of achieving its objective(s) weighed against the distraction and diversion of your energies from the imminent general election presenting the historic opportunity to present the BN a formidable challenge on its 2/3-majority predominance.

    I don’t have the benefit of mulling over the issue in depth but the first reaction is : don’t waste your time.

    We have never had in this country a convention of caretaker government in the period of “electoral interregnum”, which has become commonplace in first-world developed nations. We’re not a first-world developed nation and certainly the incumbent ruling coalition is not going to start trying to make us one now when it is facing, as it has never faced before, a serious challenge in the wake of many publicized scandals, rakyat disaffection due to rising prices and public disquiet as evinced by street protests of the past few months. The Election Commission, in its infinite wisdom, does not even recognize the existence of such a convention here.

    It will be a great achievement if the politicians in ruling coalition could be persuaded not to dip their fingers in the public till; not to incarcerate dissidents fighting for democracy and rights of their community; not to support “bochor” remarks in Parliament, not to allow body snatching – you know all these simple crass things that they shouldn’t do. Before they could even be educated on the dos and don’ts on these, you expect them to appreciate and uphold high principles of constitutionalism on care taker govt? It is like trying to teach primary 3 pupils on the intricacies of constitutional practice. I thought they should be taught how to walk before you expect them to run.

    There is no indication at all that if our courts were asked for a declaration, they would be predisposed to declare in favour of such a concept of care taker government. As we all know the courts system itself is presently on trial in public eyes in the Royal Commission’s investigations into the Lingam Video Clip, and the RC itself and the way it conducts these proceedings is also on trial : everything is on trial.

    But that aside the congested court calendar is such that it is common knowledge that cases are disposed off in 5 to 10 years or beyond. So it is not inconceivable that by the time your declaration is heard by the court, the imminent general election and the one next following would have taken place….So what is the purpose of such a Declaration? Yes Karpal may apply for a certificate of urgency for the Declaration to be immediately heard but does he have faith that an early date will be granted?

    One also doesn’t need a pending suit filed on the need for caretaker government to disseminate this concept to the electorate and how the ruling coalition is short on this whilst on the campaign trial; one can do all these dissemination without such a suit.
    The other question is why YB should want to allocate energies in such a legal venture when the energies should be concentrated on where it counts most – bettering the performance of the DAP in cooperation with (as you said) other opposition parties NGOs etc for the election that is at the doorstep, within existing constraints.

    For 11 general elections, the Opposition had fought its battles not on a level playing ground. It had to fight with one hand and one leg in cast, voice muffled with a cloth in the mouth and so on and I am sure by now you would have sufficient experience to learn how to deliver a blow to the other side with one arm or a kick with one leg and so on.

    Why not devote full energies on preparations and getting ready for the general election? I am sure there’s still a lot of preparatory work in terms of identifying and fielding right candidates for safe as well as reasonably winnable seats, working out details with other opposition parties how to avoid 3 cornered fights, identifying issues to be leveraged upon and so on.

    So considering everything I am still wondering what is the practical advantage of such a suit. But, then again, as I said many of us don’t have the advantage of “mulling” over the issue in depth. Perhaps Kit could enlighten us more for benefit of discussion and deliberation.

  6. #6 by assamlaksa on Saturday, 2 February 2008 - 8:51 pm

    I suppose YB can open a special account with a bank such as PBB for the purpose and let all of us have the account number.

  7. #7 by Thegame on Saturday, 2 February 2008 - 8:52 pm

    I would love to contribute.I prefer to make the contribution in cash just to avoid late night call from SB.if lks can make it on a monthly basis and use the money to help needy ppl would be much appreciated.again count me in to….good luck lks

  8. #8 by Jeffrey on Saturday, 2 February 2008 - 9:19 pm

    If it is just an issue of financial contribution for Opposition’s Cause, its no problem – I’m sure you’d have avalanche of money pouring in – to level the playing field against money pollitics of the other side. What we’re not sure is whether this contravene our elections laws. (Can someone who knows enlighten on this point?) If the legal suit contribution is a mere conduit and cover to skirt around prohibition of financial contributions by public to Oposition’s Cause in an election – then of couse different considerations apply, and I am for it.

  9. #9 by DarkHorse on Saturday, 2 February 2008 - 9:28 pm

    “I understand the costs could be as high as RM50,000.”

    limkamput says he has started the ball rolling with his RM200.00. So the figure is now reduced to RM$49,800.00 plus the fact that he is ready and willing to carry Karpal’s bag into court – pro bono, of course.

  10. #10 by Thegame on Saturday, 2 February 2008 - 9:34 pm

    Beside Politic lks should engage in social services like helping the hard core poors.I am more then happy to make cash contributions on a monthly basis.We must do somethings for these poor ppl only then can we call ourselves true malaysians..can lks work a way out.If lks undertake it ppl will contribute generously.We have full faith inyou sir.That much i can say.

  11. #11 by HB Lim on Saturday, 2 February 2008 - 9:36 pm

    Going to court to sort out the concept, powers and disabilities of a caretaker government and its relevance or applicability to us may have its shortcomings but I think it is one of the more effective ways to spur and spearhead a public discussion of them and in that way a public education and discussion process will be set in motion. It is a good strategy, I think.

    Jeffrey has made good points but I tend to think that in this restrictive political environment, we have to resort to all lawful strategies. This is one of the ways a gagged people with one arm and leg cast can fight this great fight to right what is wrong in Malaysia. We may have a less than desired judiciary but this is all that we have.

    When the ruling government realises that people understands that concept and against that standard they are watching how public funds and facilities are used, it will somehow be dampened in its arrogance and excesses.

    Even if the court were to deliberately slow down the judicial process or give a judgment adverse to good sense and justice, that is also an educational process for the people on the quality and integrity of the judicial institution.

    It will also provide an excellent opportunity to publicly re-ventilate the Constitution – its underlying legal thoughts and philosophy, its factual antecedents, its spirit, its constitutionalism, etc.

    Specifically, we need a local judicial ruling as to where the ruling government stands between the period of dissolution of Parliament and the swearing in of a new one. If it is in accord with what we think a care-taker government should be, then that would be our new weapon to engage the government and a new gauge to judge their actions. If it does not live up to our expectation, that is also an issue for further discussion on the state of the judiciary and its quality of judgment and its negative contribution to the growth of constitutionalism and hence democracy in Malaysia.

    If the judiciary delays in its deliberation and judgment, the same advantages can be used in future elections. Let us make the best of what we have. A complete overhaul of our political system is of course what we hope for but more realistic are incremental changes step-by-step.

  12. #12 by DarkHorse on Saturday, 2 February 2008 - 9:48 pm

    There is little chance of another party running the next government. There is public consensus on this issue. Therefore spending such huge sum of money on a lost cause i.e. to ensure adherence to a caretaker role for the government after dissolution of Parliament, seems a waste.

    What we are going to see is government resources used by BN and their politicians to campaign on issues. We are going to see Ministers cutting ribbons, donating money etc. The BN Administration will make revisions in their long terms goals and polices and announce these through radio, TV and the Internet. They will make major policy decisions, enter into major contracts etc which do not matter much since they are not committing the future but different administration to these. But campaigning for these issues using government resources will place the Opposition at a disadvantage.

    There is not a thing the Opposition can do!

  13. #13 by HB Lim on Saturday, 2 February 2008 - 9:49 pm

    I do not think there is any prohibition against donating to the costs of a public-interest litigation unlike private litigation where there is a rule against an outsider financing it. I cannot remeber the name of the rule. It sounds like “champagne” or something like that.

    As for the prohibition against financing opposition campaign, I think there is no such prohibition, is there? There is only that financial ceiling for election campaigning – RM30000 for State seats and RM50000 for Federal seats if my memory does not fail me.

    Is there a prohibition against a political party from asking for donations? I do not think so but I stand to be corrected.

  14. #14 by DarkHorse on Saturday, 2 February 2008 - 10:02 pm

    “Amendments were also made to the Election Offences Act 1954 to: (a) raise the ceiling of electoral spending by candidates (from RM30,000 to RM100,000 for a State seat and from RM50,000 to RM200,000 for a Parliamentary seat”

    http://www.aliran.com/oldsite/monthly/2003/6j.html

  15. #15 by toyolbuster on Saturday, 2 February 2008 - 10:09 pm

    Kit,
    Go for it, I will pledge RM200. So now the shortfall is RM49,600 (after limkamput’s RM200) plus I will volunteer to push Karpal’s wheelchair, pro bono of course.

  16. #16 by DarkHorse on Saturday, 2 February 2008 - 10:15 pm

    Besides the limits to spending as revised, there is the new offense
    of promoting “feelings of ill-will, discontent or hostility” which a catch-all phrase, almost impossible not to commit while campaigning.

    The electoral system is skewed to benefit the incumbents. It is a done deal, chaps. Better to use the opportunity, take a break on some island in the Pacific – maybe with Jong not too far away.

  17. #17 by HB Lim on Saturday, 2 February 2008 - 10:16 pm

    Tahnk you, DarkHorse for updating me on the amendments to the financial ceiling for electoral spending. I think the prohibition against private litigation financing by unconnected third parties is called the rule against champerty.

  18. #18 by smeagroo on Saturday, 2 February 2008 - 11:01 pm

    How in the world are you going to tell the great sleeper that YB Lim? He was never around during cabinet meetings for the 4th floor boys always keep him busy with many stupid functions. No wonder he still thinks highly of himself and wears TENC everywhere he goes. When he is abroad he still think the leaders think highly of hiim as the pious and clean one.

    I suggest that YOU rebuke him if that one chance is presented to you YB. Tell him how many of us will puke at the sight of his face and vomit at the mention of his name.

    And I cant believe myself when I told my newspapers vendor 4 years back when this sleepy head took office that “he will be the one to reshape the nation and wipe out corruption”. I guess I just hv to open my mouth and stuff a shoe inside it!

  19. #19 by Rocky on Saturday, 2 February 2008 - 11:39 pm

    YB Lim,

    I’ve another issue to raise. DPM said BN candidates will need to go thru ACA check.

    why should ACA a govt body verify and approve candidates of BN. This is not part of their job scope to verify candidates for political parties. DPM should know the difference between govt issues and private issues like BN candidates. If they BN do this it is abuse of power and someone should sue them. I’ll cough up RM200 for this case plus another RM200 for case you planning to take on.

    BTW ACA work is suspect and they can’t possible check hundreds of candidates in such a short time frame. They do half ass job as in the case VK Lingam. and then these BN guys wear this badge..”Cleared by ACA” proudly like Datuk Z…. sigh!!!

  20. #20 by Jeffrey on Sunday, 3 February 2008 - 12:01 am

    Tun Dr Mahathir made the criticism – “ I’m trying to promote a cleansing of the (coalition) by the people because it seems that it is not possible (for BN to cleanse itself)…Should people name some deadwood or some corrupt person as a candidate, BN supporters should not support them. That is the way we can clean the…BN and Umno”. Present Premier then responded and said he was prepared to ensure this. So DPM as part of the PR campaign that BN is committed to cleansing of the (coalition) and not interested in fielding corrupt or “tainted” candidates come out with proposal that ACA prior vet proposed BN candidates before fielding them. The premise is that ACA will have records of complaints, investigations of corrupt politicians etc quite apart from the issue whether there was sufficient or insufficient evidence or whether there was prosecutorial will or decision to prosecute or not. [According to existing practice, even candidates proposed for say honorific titles like Datukship and senior positions in helm of financial institutions are required to clear background check on them by Special Branch/Police etc].

    It is hard to challenge what DPM says when he turns around and say if rakyat complaints about BN’s corruption, surely to tackle this problem, the first thing is to attack it at source – at the time of selecting candidates for election, to try to minimize people tainted with complaints or allegations from getting in, so what better source is there to check but the ACA? It is all part of the “incremental changes step-by-step” mentioned by HB Lim in the other thread to slowly bring back governance and tackle the rot.

  21. #21 by KS R on Sunday, 3 February 2008 - 12:10 am

    Hi uncle L

    I agreed PM definitely will refuse to see opposition and only sees other members because they only know how to shake their head. This election must have maximum opposition party and Penang, Kelantan, Trengganu , Perak must capture by opposition and other state must have few opposition.

  22. #22 by Colonel on Sunday, 3 February 2008 - 12:14 am

    “ I’m trying to promote a cleansing of the (coalition) by the people because it seems that it is not possible (for BN to cleanse itself).” Mahathir

    He is a pragmatist. He knows that his call to voters to vote along the line of personalities rather than political parties would prevent ‘incumbents’ with dubious track records from being nominated. That itself is a victory.

  23. #23 by Count Dracula on Sunday, 3 February 2008 - 12:45 am

    I thought Ghandian philosophy requires that we boycott the elections?

  24. #24 by pwcheng on Sunday, 3 February 2008 - 1:25 am

    But there is so much fixing these days that th outcome can be more or less known even before going to court and that explains why they are not prepared to appoint an independent RCI. Though we know that we are all riding against the tide, but we must do it for survival and I will be more than eager to contribute.

  25. #25 by kaybeegee on Sunday, 3 February 2008 - 2:06 am

    All Judges, Chief Judges and Chief Justices, when the are appointed to their posts, they immediately thank the Prime Minister for having faith in them and putting them where there are today.
    Zaki should be ex UMNO man and he sits at the FEDERAL COURT where constitutional matters are heard.
    Malaysian Judges are also human. When they retire at 65 what have they got to look forward too? A pension? Barakhbar became Governor. Don’t tell me ex LPs or CJs have not harboured the thought of being Governor of a State? Or Chairman of a Bank?And it is the PM who will put them there, that is if he wants to.

    Musa is IGP. Ghani is AG. They have in the past done good deeds for the PM.
    So fat chance your court declaration will succeed.
    What happened to Wee Choo Keong? What happened to Merdeka University? But we have International Islamic University.
    Good idea to get your declaration but save your money.

  26. #26 by limkamput on Sunday, 3 February 2008 - 2:36 am

    I don’t have the benefit of mulling over the issue in depth but the first reaction is: don’t waste your time. Jeffrey

    How do I send you the donation? HB LIM

    Who does not know it is a waste of time as far as getting a favorable result is concerned. But it is about creating attention and awareness. Sdr Kit, just do it.

    I think no need to talk long story. We have enough talking and for once just do one thing tangible. I have earlier said how to donate by visiting the DAP home page and then click contribution. I am sure it is a simple stuff to do. But never mind, let me tell you how to do it here:
    Go to any Public Bank Berhad and bank the money into 306 382 8309, got it? You can also write a cheque to DAP MALAYSIA and send it to:
    DAP MALAYSIA
    No. 24 Jalan 20/9, 46300
    Petaling Jaya, Selangor

  27. #27 by justice6 on Sunday, 3 February 2008 - 3:25 am

    can we trust the court? I don’t mind donating but I think boycotting the GE by all opposition parties is the best move.. make it an international issue.. we asked for greater transparency but our pm gave us a transparent ballot box… they admended the law to extend that rashit guy,…come on..you think they do it for fun? they do it cos he know the dirty tricks to cheat the election… by the way, if our Agong is concern about his citizens..why keeping quite on this issue.. can’t he just ensure that the election is fair ?

  28. #28 by LittleBird on Sunday, 3 February 2008 - 11:24 am

    Wouldn’t we have a better chance in court if we engage Lingam to help Karpal?

  29. #29 by iyamwhoiyam on Sunday, 3 February 2008 - 11:32 am

    count me in……=)…..some anonymous small amounts will be in off and on….

    Again people….do not forget, a journey of a thousand miles, MUST begin with that single step…..

    This is step 2 =)…..

    -iyamwhoiyam- peace =)

    50k we can do it………….

  30. #30 by Tickler on Sunday, 3 February 2008 - 12:04 pm

    Perhaps it would be better if the plaintiffs are all the opposition parties.
    And of course the rakyat should be allowed to contribute towards the suit. After all the Emperor does like suits.
    And maybe the Election Commissioner can also be introduced as party to the suit. His statement still rankles:

    Only one ‘regime’ is capable of running the country
    http://www.skthew.com/2007/12/28/fair-election/

  31. #31 by limkamput on Sunday, 3 February 2008 - 12:19 pm

    How do I send you the donation? darkhorse

    Tell this to Sdr Lim. Tell this to all men and women in the oppositions and Hindraf. Tell this to yourself, why are you here? To talk cock and to insult others only is it?

  32. #32 by madmix on Sunday, 3 February 2008 - 12:21 pm

    Do not waste time on recourses on what is basically a futile exercise.There are more important things than doing what anounts to a political stunt.

  33. #33 by limkamput on Sunday, 3 February 2008 - 12:21 pm

    There is not a thing the Opposition can do! darkhorse

    Tell this to Sdr Lim. Tell this to all men and women in the oppositions and Hindraf. Tell this to yourself, why are you here? To talk cock and to insult others only is it?

  34. #34 by limkamput on Sunday, 3 February 2008 - 12:24 pm

    What do you mean by political stunt, madmix? If creating awareness and attention, especially of the international community of the hopeless electrol processes in Malaysia is a stunt, then you should also say HINDRAF is a stunt.

  35. #35 by sungaisiput on Sunday, 3 February 2008 - 12:38 pm

    Hi LittleBird…you cant be serious.i rather engage the indian gangsters.They are more effective and very cheap to hire.

  36. #36 by cemerlang on Sunday, 3 February 2008 - 12:48 pm

    “Under this concept, which has become commonplace in first-world developed nations, there is only a caretaker government when Parliament stands dissolved for a general election to be held.”

    I support this statement. Let all Malaysians not forget. Tun Doctor Mahathir Mohammad’s vision for Malaysia is that by the year 2020, Malaysia will be a developed nation.

  37. #37 by Tickler on Sunday, 3 February 2008 - 12:48 pm

    Maybe Bodowi confused Abdul Rashid with King Bhumibol… you know what, this is so absolutely hilarious and ridiculous that I don’t have to poke fun at it. Hahaha.

    May BERSIH should try voodoo next time… put his face on some dolls and stick needles in, burn the dolls, drown them, stomp on them and then poke pencils in the dolls’ ass.

    http://joshbeh.blogspot.com/2008/02/bodowi-merajuk.html

  38. #38 by ktteokt on Sunday, 3 February 2008 - 1:12 pm

    I think if RM50,000 is able to give us justice and equality, it is a very economical price to pay. It will mean ending all corruption, injustice and nonsense of the BN administration. Don’t tell me the opposition does not have 50,000 supporters? If each pays RM1, the cost is met, so what is the hesitation to move ahead and let these group of GFN’s know Malaysian have awakened!!!!

  39. #40 by Libra2 on Sunday, 3 February 2008 - 2:23 pm

    It’s worth the try despite the many drawbacks. For one, the court might sit on the last day of the campaign period. By then BN would have pored out millions of our money.
    Even if the DAP wins the court case on the second day of the nomination, what is there to stop BN from disregarding the court ruling?
    Even if the DAP loses, it’s still worth the try as the world will get a glance of our courts and the abuse of the election process.
    If DAP wins the case, the decision can be used in almost all election petitions after the GE.
    My only worry is which clown/clowns will sit on the bench.
    But RM 50,000 is worth it. I am a poor man but will bank in a reasonable sum into the account when the case is filed.

  40. #41 by alaneth on Sunday, 3 February 2008 - 2:39 pm

    A True Story I found in my email abt discrimination….

    A scene also took place on a BA (British Airways) flight between Johannesburg and London . A white woman, about 50 years old, was seated next to a black man. Obviously disturbed by this, she called the air Hostess. “Madam, what is the matter?” the hostess asked. “You obviously do not see it then?” She responded. “You placed me next to a black man. I do not agree to sit next to someone from such a repugnant group. Give me an alternative seat.” “Be calm please,” the hostess replied. “Almost all the places on this flight are taken. I will go to see if another place is available.” The hostess went away and then came back a few minutes later. “Madam, just as I thought, there are no other available seats in the economy class. I spoke to the captain and he informed me that there is one seat in the business class. All the same, we also have one seat in the first class. “Before the woman could say anything, the hostess continued: “It is unusual for our company to permit someone from the economy class to sit in the first class. However, given the circumstances, the captain feels that it would be scandalous to make someone sit next to someone so disgusting.” She then turned to the black guy, and said, “Therefore, sir, if you would like to, please collect your hand luggage, a seat awaits you in first class.” At the moment, the other passengers who were shocked by what they had just witnessed stood up and applauded.

    Moral of the story = The Pilot is the Rakyat & will protect the minority.

  41. #42 by year of snake on Sunday, 3 February 2008 - 3:24 pm

    I think you should concentrate on the coming election instead of wasting time and money on a lost cause. I don’t mind donating for the election but not on this matter as it will be like throwing money in the drain.

  42. #43 by limkamput on Sunday, 3 February 2008 - 4:00 pm

    alaneth, it is a good story, but not a true story. You may want to ask BA for authenticity. Besides, it is also wrong to move the black man to the first class seat. The black man’s seat is next to the white woman and should remain so. To move him, even to first class seat, showed the airline condone racism. By the way, the black in South Africa is not minority. It took years and after much international support and outcry before the apartheid regime was finally over.

  43. #44 by shortie kiasu on Sunday, 3 February 2008 - 4:08 pm

    ‘…caretaker government once Parliament is dissolved to prevent abuses of power by Prime Minister and Cabinet Ministers in misuse of government resources and funds for BN electioneering.’

    You can fight a vain battle but you can’t win against the incumbent in this country.

    When you talk of misuse of government resources and funds by the BN, it is happening every day of the year, every day of their term todate and not just when they act as ‘caretaker government’.

    So it is a lost cause, a vain effort. Focus on you coming election and see how far you can achieve.

  44. #45 by cemerlang on Sunday, 3 February 2008 - 4:29 pm

    After reading the story about the black man and the white woman, this thought suddenly came into my mind. Doesn’t this remind you that is what the Malaysian Chinese Association aka MCA is doing to their fellow Malaysian Chineses ? The 6 Chinese schools, for one ? The big scandal in KKM, for two ? As one of the MCA supporters put it, Malaysians are getting more and more informed as each day passes. So which means all the old and tried tactics might not be relevant. If I am the black man, I would feel insulted instead of feeling great for getting a first class seat. The thought that just because I am black makes a non black despise me.

  45. #46 by oknyua on Sunday, 3 February 2008 - 4:38 pm

    “A candidate who benefits unfairly from any “unhealthy” and dishonest practices, as campaigning assistance by the Prime Minister, Deputy Prime Minister or Cabinet Minister through the abuse of their government positions or misuse of public funds and resources, should be subject to disqualification. Cabinet Ministers who abused their “caretaker” roles should also be penalized.” YB Lim KS

    This is something that has on since many elections back – the continual use of government facilities by the incumbents. The limit of RM30K (now increased to RM100K) is what you report to the returning officer, but in reality I do not remember a single instance where accountability was ever reported on the use of gov’t helicopters, gov’t vehicles and rest-houses. Even the ceiling of RM100K is barely enough to cover for the cost of posters.

    The cost of any election in Malaysia is now almost at par with what the Americans used. If AAB and Najib do not use above RM1.0m, they are not telling the truth. If they do not use gov’t facilities, it is also not true. On the other hand, how do we monitor and define what is permissible? As you mentioned earlier, the concept of “caretaker gov’t” has not been adopted.

    I remember a few elections back in Sabah and Sarawak where incumbents covered their campaign trails within days, whereas we had to row our boats from village to village. They had the use of the gov’t helicopters; we looked with envy upwards each time the chopper sound was heard. What I am saying, YB Lim, this might not be the time to look at his issue, because I can say with certainty the incumbents would continue the abuses and misuse of public funds and resources.

    (Note: There is nothing against anyone donating money to DAP or any political party, but please give only to DAP).

  46. #47 by limkamput on Sunday, 3 February 2008 - 4:40 pm

    true, true, cemerlang. The B.A story is an old story. May be it is part of BA’s marketing story.

  47. #48 by oknyua on Sunday, 3 February 2008 - 4:40 pm

    shortie kiasu

    I am posting on the same thing – almost the same words! But it’s awaiting moderation.

  48. #49 by dawsheng on Sunday, 3 February 2008 - 5:31 pm

    “It is sad that costs should be such a deterrent factor in public-interest litigation suits.”

    I don’t know what to say. Somehow I cannot bring myself to believe that DAP didn’t have RM50,000 to defend public interest.

  49. #50 by dawsheng on Sunday, 3 February 2008 - 5:35 pm

    Will the general election be postpone pending the result of the court case, say after 15 April? If so ask Anwar to foot the bill.

  50. #51 by Tickler on Sunday, 3 February 2008 - 5:45 pm

    I don’t know what to say. Somehow I cannot bring myself to believe that DAP didn’t have RM50,000 to defend public interest.- posted above

    Perhaps at this point with the GE so near, the said amount has already been earmarked for posters etc. At other times it would not have been a problem. To use it up, would mean inability to pay the printers etc.

  51. #52 by kanthanboy on Sunday, 3 February 2008 - 5:53 pm

    Assuming that against all odds the court rules in favor of the concept of caretaker government; I don’t think BN will pay any respect at all to the court’s ruling and stop all their corrupt practices. Instead, the immediate response of the government will be a total ban on all media from reporting the court’s declaration. Besides, none of those enforcement agencies such as the Election Commission, the ACA, the AG or the Police will do anything to enforce the court’s ruling.

    I believe it will be more beneficial for DAP to devote its full energies and financial resource for the general election. I will do my part by donating to the DAP election fund.

  52. #53 by Jeffrey on Sunday, 3 February 2008 - 6:30 pm

    Unless of course by filing a suit for a Court Declaration for “Care Taker Government”, it implies that until the Court has heard the arguments and made the Declaration, the PM cannot dissolve Parliament and call for elections if the Government is not prepared to act as “care taker” government during the interim period ie the period of so-called “electoral interregnum”.

    But here the questions are (1) whether it is true or not true, in law or reality, that once the suit is filed, the election has to be postponed (unless caretaker govt is conceded); and (2) what is the strategy behind forcing a delay in election – does it favour of the Opposition; does it imply that Opposition is not ready or what?

  53. #54 by aiD_kamikuP on Sunday, 3 February 2008 - 8:40 pm

    DarkHorse Says:

    January 29th, 2008 (5 days ago) at 01: 26.54
    I’m sorry to report the passing of Count Dracula. He got a stake driven through his heart and now rests in pieces.

    Oh..welcome back Count. So the world is fair after all…even Count Dracula is afforded resurrection. But don’t know why it took 5 days and not 3. Anyway, Count, enjoy your re-incarnation, resurrecton or whatever!.

    Now, did I say the world is fair? Hmmmm..may be not, otherwise that ec chairman would have taken measures to uphold ‘caretaker government’ concept or replied to YB Lim’s letter explaining the reasons for not doing so rather than asking his secretary to bulls**t his way around.

  54. #55 by Count Dracula on Sunday, 3 February 2008 - 8:56 pm

    Dracula never dies. You can count on him.

  55. #56 by limkamput on Sunday, 3 February 2008 - 10:32 pm

    limkamput says he has started the ball rolling with his RM200.00. So the figure is now reduced to RM$49,800.00 plus the fact that he is ready and willing to carry Karpal’s bag into court – pro bono, of course. darkhorse

    What about you darkhorse? Are you unemployed or unemployable?

  56. #57 by gofortruth on Sunday, 3 February 2008 - 11:38 pm

    Please count me in. I’m outside the country but do let me have your maybank account number I can do online transfer.
    Thank you for allowing us to be a part, thank you sir!

  57. #58 by gofortruth on Sunday, 3 February 2008 - 11:50 pm

    I have e mailed all my friends & relatives in M’sia to take full opportunity of this CNY when they return to their respective Chinese villages to talk & explain to all their friends & relatives to vote opposition in the coming GE and inturn to remind all their friends & relatives to do the same down the line.

    “We must stop the BULLDOZER BN before we all get bulldozed away!”

  58. #59 by ktteokt on Wednesday, 6 February 2008 - 9:58 pm

    Does the caretaker government take care of the interests of the people or do they just take care of their own pockets?

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