Archive for November 5th, 2016

Demonstrations and counter-demonstrations ― Where lies the government’s duty?

Posted by Kit in Bersih, Human Rights, Police on Saturday, 5 November 2016

― Lim Wei Jiet
Malay Mail Online
November 5, 2016

NOVEMBER 5 ― Of late, there have been statements by ministers and authorities which seem to have blamed Bersih for the threatening menace of the Red Shirts come November 19.

Khairy Jamaluddin, in his infinite wisdom, said: “…if Bersih does not do anything, the reds would certainly not do anything, so the burden lies on Bersih. The best way is to not allow the Bersih 5 rally to happen”. The Home Minister, Datuk Seri Ahmad Zahid Hamidi similarly opined: “You see, if there is no yellow, there will be no red. If there is no Maria Chin, there will surely be no Jamal Yunos”.

With respect, such line of thinking is simply erroneous. Imagine this scenario ― a group of students are enjoying a game of football during P.E. lesson. The school bully appears from nowhere, pushes several students to the ground and snatches the ball away like the jerk he is. A brouhaha ensues. The teacher comes along and not only does omit to discipline the bully, but proceeds to scold the students for causing him problems and orders the students back to class.

How’s that for logic?

One can’t put it more simply than O’Brien J in R v. Londonderry Justices (1891) 28 LR Fr. 440: “If danger arises from the exercise of lawful rights resulting in a breach of the peace, the remedy is the presence of sufficient force to prevent the result, not the legal condemnation of those who exercise those rights”

In other words, stop the bully, not reprimand the peaceful demonstrators! Read the rest of this entry »

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Sanusi confirms he will attend with Tun Mahathir the meeting in Parliament on Tuesday of MPs (including former MPs and Ministers) to discuss how to defend Parliament and MPs’ parliamentary privileges and immunities against insidious police encroachments

Posted by Kit in Constitution, Parliament, Police on Saturday, 5 November 2016

Former Cabinet Minister Tan Sri Sanusi Junid has confirmed that he will attend with former Prime Minister Tun Mahathir Mohamad the meeting in Parliament on Tuesday of Members of Parliament (including former MPs and Ministers) to discuss the country’s latest constitutional crisis on the doctrine of separation of powers and how to defend Parliament and MPs’ parliamentary privileges and immunities against insidious police encroachments.

Inspector-General of Police Tan Sri Khalid Abu Bakar said yesterday that “3 ex-ministers under probe over 1MDB statements” (New Straits Times 5/11/06 headline p. 10) and this is most shocking for two reasons:

Firstly, when did the police have free roving liberty to investigate speeches by MPs (whether former Minister or not) made in Parliament, as if MPs’s traditional and constitutionally-entrenched parliamentary privileges spelt out in Article 63 (2) of the Malaysian Constitution and the Houses of Parliament (Privileges and Powers) Act 1952 do not exist in the eyes of the IGP.

Should MPs submit their speeches to the police for approval before they are delivered in Parliament. Is this what Malaysia has become, in the eighth year of premiership of Datuk Seri Najib Tun Razak?

Secondly, is the IGP through his arbitrary and unconstitutional action sending out a message that 1MDB issue is a “banned” subject in Parliament, as MPs who raised the issue of 1MDB in Parliament could be next in line of police’s interrogation when the three ex-Cabinet Ministers could be targeted by the police for speaking in Parliament on 1MDB?

Khalid’s statement yesterday has laid bare the frightening and even Kafkaesque nature of the constitutional crisis on the doctrine of separation of powers among the Executive, Legislature and Judiciary which has been suddenly sprung on the nation when he said that the police had enough reasons to investigate former Deputy Prime Minister, Tan Sri Muhyiddin Yassin, former Rural and Regional Development Minister, Datuk Seri Mohd Shafie Apdal and former Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah as there was no immunity from seditious statements in Parliament. Read the rest of this entry »

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