Archive for category Law & Order
Najib should set a two-week deadline to resolve the “Allah” controversy to salvage his 1Malaysia slogan and to defuse the latest factor driving away Malaysian talents and FDIs
Posted by Kit in Economics, Law & Order, Najib Razak, nation building, Religion on Monday, 25 January 2010
The Prime Minister Datuk Seri Najib Razak should set a two-week deadline to resolve the “Allah” controversy to salvage his 1Malaysia slogan and to defuse the latest factor driving away Malaysian talents and FDIs.
The Police are to be commended for their quick arrests in connection with four arson attacks on churches and suraus and Malaysians hope that the police can expeditiously resolve all the 15 cases of arson and vandalism against places of worship in the first three weeks of the year since the Kuala Lumpur High Court judgment on the “Allah” controversy on Dec. 31 last year.
Right from the beginning, this controversy had been mishandled by the authorities, in particular the political leadership, who have failed to fully realize the negative impact and far-reaching consequences of the issue to the country.
The Home Minister, Datuk Seri Hishammuddin Hussein, for instance, should stop play politics on the issue and not allow his political role as Umno leader to wrongly influence his professional judgment and other aspects of his duties as Home Minister.
For instance, Hishammuddin said in Kuala Terengganu on Friday that the arson attacks on churches and suraus in the country could be attempts to undermine the 1Malaysia vision.
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Hishammuddin is too truculent and controversial an Umno leader to be a good and professional Home Minister to inspire confidence of all Malaysians that he will not use his ministerial powers for party political ends
Posted by Kit in Law & Order, UMNO on Wednesday, 13 January 2010
“KDN akan ambil tindakan ke atas Anwar – Jika sengaja guna isu agama perkauman berhubung insiden serangan gereja” is the Utusan Malaysia headline today, whose real casualty is public confidence in Datuk Seri Hishammuddin Hussein as a good and effective Home Minister who could resolve the crisis caused by attacks on places of worship and church arson tarnishing Malaysia’s international reputation as an international example of inter-religious harmony, peace and goodwill.
Hishammuddin is too truculent and controversial an Umno leader to be a good and professional Home Minister to inspire confidence of all Malaysians that he will not use his ministerial powers for party political ends.
Why is Hishammuddin talking about action against Anwar when he has not been able to take any action in the past five days against anyone for the spate of attacks on places of worship, whether church, surau or Sikh temple which have placed at risk billions of ringgit which might otherwise benefit Malaysia in the form of foreign investment, tourism and educational opportunities?
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Have no fear, Christians will not retaliate
Posted by Kit in Law & Order, Religion on Saturday, 9 January 2010
COMMENT
By Thomas Lee
Following the cowardly, contemptuous and condemnable attacks on several churches in the Klang Valley by some obviously fanatically and foolhardy persons, Police Tan Sri Musa Hasan has ordered all state police chiefs to organise patrols to monitor mosques and churches as “we do not want any untoward incidents happening at the mosques or churches.”
It is certainly commendable of the IGP to order the beefing-up of security around the places of worship in view of the perceived and real threats of such detestable and destablising by persons of deranged and destructive character and conduct.
However, I can say behalf of my fellow Christian believers that none of us will take any violent revenge or retaliatory action on people who abuse or prosecute us unreasonably without any just and fair causes.
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In just 9 months, Najib’s 1Malaysia slogan facing most critical test – all top political party leaders must condemn the spate of church attacks in the wake of the “Allah controversy” and ensure no further escalation
Posted by Kit in Law & Order, Najib Razak, Religion on Friday, 8 January 2010
What many Malaysians had feared would happen and which the Prime Minister and Home Minister had discounted with their far-from-responsible stances – the exploitation of the “Allah” controversy by irresponsible and extremist elements – have unfortunately come to pass.
All top political party leaders should take a common stand to condemn in the strongest possible terms the spate of church attacks in the wake of the “Allah” controversy and ensure that there is no further escalation.
As Prime Minister, Datuk Seri Najib Razak should immediately impress on the Home Minister Datuk Seri Hishammuddin Hussein to take all urgent and necessary measures to protect the good name of the country or be held responsible for any undesirable consequences.
In just nine months, Najib’s 1Malaysia slogan is facing its most critical test as its very credibility is at stake.
Malaysia also cannot afford further adverse international publicity over the “Allah” controversy, which would only aggravate Malaysia’s declining international competitiveness if there is escalation of deplorable incidents by irresponsible and extremist elements like the spate of church attacks.
Why Hishammuddin continue to condone Utusan Malaysia’s utter contempt of the truth, rules and ethics of journalism, and the law in purveying unadulterated venom, poison and sedition in falsely alleging that DAP wants to create a Malaysian republic?
Posted by Kit in Law & Order, Media on Tuesday, 15 December 2009
The homily by the Home Minister, Datuk Seri Hishammuddin Hussein on what constitutes good journalism and what differentiates local journalists and “some bloggers” is mind-boggling to say the least.
Hishammudin said some bloggers, unlike local journalists, do not adhere to the rules and ethics of journalism in their bid to garner popularity.
“The local journalists adhered to ethics but these bloggers did not, and this was what differentiated the journalists from these bloggers.”
Speaking at the presentation of the 2009 ExxonMobil Journalism Awards in Kuala Terengganu last night, Hishammuddin said journalists in the country would have nothing to fear so long as their reports adhered to the ethics of journalism, adding that they would be accepted by the people.
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Najib will have to explain in Parliament next month why Hishammuddin is not prosecuted for sedition if Malaysiakini is charged for cowhead protest video clips
Posted by Kit in Law & Order, Najib Razak on Saturday, 12 September 2009
I am giving notice that the Prime Minister, Datuk Seri Najib Razak will have to explain in Parliament next month why the Home Minister, Datuk Seri Hishammuddin Hussein is not charged for incitement and sedition in initially defending and justifying the cow-head protest in Shah Alam section 23 three days before National Day, committing the crime of ultimate religious insensitivity and sacrilege, if Malaysiakini is charged for showing the cowhead protest video clips.
The Malaysiakini video clips of the cowhead protests is highly offensive, not because of the news portal but because of the action of the irresponsible people who showed utter contempt for the sensitivities and sensibilities in a plural society as well as a top Cabinet Minister who could be guilty of such offensive conduct as to defend and justify such protest.
The cowhead protestors should be prosecuted. Even the Home Minister should be prosecuted. But it would not enter into any sensible, rational and reasonable person’s mind that Malaysiakini should be prosecuted – except those who have an axe to grind in wanting to penalize the news portal for the audacity of reporting the truth!
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Cow-head protest sacrilege – Hishammuddin just does not get it
Posted by Kit in Law & Order, Police, Religion on Monday, 7 September 2009
Home Minister Datuk Seri Hishammuddin Hussein protests too much. He said he has evidence that the cow-head protesters involved both members of the Barisan Nasional (BN) and the Pakatan Rakyat (PR) parties of PKR and PAS.
Hishammuddin just does not get it – that he is accused of double police standards illustrated by the instant police arrest of 16 persons for peaceful candlelight protest at Dataran Merdeka in Kuala Lumpur on Saturday night while cow-head protestors are still scot-free 10 days after the Shah Alam sacrilege.
Hishammuddin’s latest claim that the cow-head protestors come from both Barisan Nasional and Pakatan Rakyat parties, which is not proven, does not answer the charge that the Home Minister and the Police had failed their most elementary duty of being independent, impartial and professional in discharge policing duties which is not influenced by any personal, party or political bias.
Why is the Police still tip-toeing over the cow-head protest in Shah Alam on August 28, which not only put Malaysia in the dock of world opinion with adverse international media reports scaring off intending investors with the spectre that Malaysia is on the verge of greater racial and religious polarisation and intolerance, but spoilt the national mood for the 52nd National Day celebrations three days later.
Is this because of Hishammuddin’s earlier defence and justification for the cow-head protestors?
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Hishammuddin’s defence and justification of cowhead demonstration equivalent to his insensitivity in wielding the keris at Umno Youth General Assembly
Posted by Kit in Law & Order, UMNO on Thursday, 3 September 2009
Utterly incredible!
Datuk Seri Hishamuddin Hussein as Home Minister has done the equivalent of wielding the keris at the Umno Youth General Assembly for three consecutive years as Umno Youth leader which had been accepted by Barisan Nasional leaders as a major factor in the political tsunami of the March 8 general election last year!
It would appear that Hishammuddin is determined to make another unforgettable contribution which would ensure that the uncompleted political changes in the political tsunami of the March 8 general last year could be fully accomplished in the next general elections.
Yesterday, Hishammuddin usurped the roles of the Attorney-General and the police to defend and justify last Friday’s cow-head demonstration in Shah Alam, totally insensitive to the insult and profanity of such an act of sacrilege to Hindus in the country.
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The Court of Appeal’s “outline of reasons” in Anwar Ibrahim v P P – a critique
Posted by Kit in Anwar Ibrahim, Court, Judiciary, Law & Order, NH Chan on Tuesday, 21 July 2009
By NH Chan
I must apologize for the delay in giving this critique. The Court of Appeal gave its decision on July 1. I received the “outline of reasons” from Ngan Siong Hing only last Friday, 17 July 2009. Without him supplying me with a copy of the judgment of the Court of Appeal I would not be able to write this critique. Also as I do not have access to a law library I depend a lot on his generosity to get the legal material that I need to write my essays for ordinary people to understand what the judges are talking about. This is to enable the common people of this country to judge the judges for themselves.
The whole case can be understood just by readings 418A(l) and (2) and s376(l) and (2) of the Criminal Procedure Code.
Power corrupts
David Pannick in his book Judges, OUP, 1987, wrote, p 76:
In all societies throughout history, judges have occasionally been adversely affected by their power. An early example occurs in the biblical story of Daniel and Susanna. Two elders of the community were appointed to serve as judges. They saw Susanna walking in her husband’s garden ‘and they were obsessed with lust for her’. When she resisted their advances they falsely accused her of infidelity to her husband. ‘As they were elders of the people and judges, the assembly believed them and condemned her to death.’ A young man named Daniel protested that an enquiry should be made into the judges’ allegations. He accused them of giving ‘unjust decisions, condemning the innocent and acquitting the guilty’. Under his careful cross-examination, the judges were proved to be liars: Daniel and Susanna in The Apocrypha.
The English Bench has had its fair share of bad judges. . . .In the seventeenth century, the Bench ‘was cursed by a succession of ruffians in ermine [most notably Jeffreys and Scroggs (Sir William)], who, for the sake of court [royal] favour, violated the principles of law, the precepts of religion, and the dictates of humanity’: John Lord Campbell, Lives of the Lord Chancellors (5th edn, 1868), vol 4, p 416.
The misuse of power from whatever quarter it may come
In The Family Story, Butterworths, 1981, Lord Denning said, p 179:
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Did Kit Siang and Karpal commit sedition?
Posted by Kit in DAP, Judiciary, Law & Order, NH Chan on Wednesday, 10 June 2009
By NHChan
Prelude – please read it before reading the article
I write this article so as to apprise the people who, in the mind of the general public, have taken the law into their own hands through the harassment of law abiding citizens of this country with the threat of using the Sedition Act 1948 on them. They should not have done it without first taking expert legal advice on the technical and difficult law of sedition under the Act.
After you have read this article, I am sure you will agree with me that the law of sedition is not easy for a layman to understand. Even lawyers and judges have found great difficulty in understanding it – let alone an uninitiated policeman. If the police are not careful, one of these days they will find themselves at the receiving end of a suit for malicious prosecution, false arrest or whatever the victims of their harassment would throw at them.
I hope you will bear with me if this time I am not able to explain difficult law in simple language as much as I would like to. It is at a time like this that I really appreciate the great ability of the late Lord Denning who was so adept at explaining difficult law to us ordinary folk. Read the rest of this entry »
Has Malaysia lost the battle to become a developed nation and entered the cycle to become a failed state?
Posted by Kit in Good Governance, Law & Order, Najib Razak on Wednesday, 3 June 2009
The collapse of the roof of the RM300 million 50,000-capacity Sultan Mizan Zainal Abidin Stadium in Gong Badak within a year of completion provoked disbelief, shock and outrage with a whole spectrum of unflattering comments and reactions.
One reaction is that the shocking collapse of the RM300 million stadium within a year of completion is a disaster waiting to happen. An engineer, A. Mohamed who often jogged in the area, has told the media that he had noticed that the space frame which held the roof was getting bent out of shape but his efforts to warn government agencies and the media of the stadium defects were ignored.
Another is that the collapse is the inevitable consequence of a system which gives premium to “know who” than “know how”, the curse of Umno cronyism hiding under the guise of New Economic Policy. Will the Umno cronies responsible for the infamous collapse of the RM300 million stadium roof within a year of completion be exposed and fully penalized?
I was told this morning that the collapse of the Gong Badak Stadium symbolizes the collapse of the “1Malaysia” slogan of Datuk Seri Najib Razak marking his second month as the sixth Prime Minister of Malaysia.
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Najib’s 1 Malaysia has morphed to 1 Police State
Posted by Kit in Dr. Chen Man Hin, Human Rights, Law & Order, Najib Razak, Police on Monday, 25 May 2009
By Dr. Chen Man Hin
The sudden police raid of party headquarters without a search warrant means that the police does not care about ‘rule of law’ in a civilised society.
Barging into the party premises and snatching a ‘server’, brazenly ignoring the objections of party personnel is tantamount to the behaviour of police in communist and totalitarian states like Nazi Germany and Communist Russia.
The police in Malaysia has changed its character.from a guardian of the people, to become a secret police.
Malaysia’s own secret police behaviour is no different from the behaviour of the Gestapo, the Kempetai of Japan. We are living in a police state.
DEFINITION OF A POLICE STATE.
The term police state describes a state in which the government exercises rigid and repressive control over the social, economic and political life of the population. A police state typically exhibits elements of totalitarianism and social control and there is usually little or no distinction between the law and the exercise of political power by the executive.
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Abdullah/Najib – why their thundering silence on the Selangor Umno Youth mob in Parliament menacing Karpal and other PR MPs?
Posted by Kit in Abdullah Ahmad Badawi, Law & Order, Najib Razak, Parliament on Saturday, 28 February 2009
The outgoing UMNO Youth leader and contender for one of the Umno Vice President slots next month, Datuk Seri Hishammuddin Hussein has proved it once again – that he has no qualms in subordinating parliamentary and national interests to personal and political interests in the upcoming Umno party elections.
In declaring his public support for the Selangor Umno Youth mob on Thursday which obstructed and menaced wheelchair-confined DAP National Chairman and MP for Bukit Gelugor Karpal Singh in the discharge of his parliamentary duties in the very precincts and sanctity of Parliament and manhandled Pakatan Rakyat MPs Lim Lip Eng (DAP – Segambut), Fong Kui Lun (DAP – Bukit Bintang), Chong Chieng Jen (Bandar Kuching) and N. Gobalakrishnan (PKR – Padang Serai), Hishammuddin has shown that he is incapable of differentiating between right and wrong – in great contrast to the forthright denunciation of the Dewan Negara President Tan Sri Dr. Abdul Hamid Pawanteh of the incident as a national embarrassment caused by “hooligans” obstructing parliamentarians from doing their duty.
But Hishammuddin, Education Minister and aspirant to even higher office, has become a protector and defender of “hooligans” who subverted the parliamentary process by violating the sanctity of Parliament to obstruct and menace parliamentarians from discharging their duty.
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Rulers can be sued – are judges, lawyers, law professors/lecturers to be charged for treason?
Posted by Kit in DAP, Judiciary, Law & Order on Thursday, 12 February 2009
The police questioned DAP National Chairman Karpal Singh for two hours yesterday in connection with 89 reports which had been lodged against him nationwide for being disrespectful to the Sultan of Perak over the most simple proposition – that rulers in Malaysia’s system of constitutional monarchy can be taken to court in their official capacities.
This is the height of nonsense in the police and the Home Ministry!
Are all the law professors and lecturers in the Malaysian universities and colleges going to be questioned by the police for the crime of treason for teaching their students that rulers can be sued in court for their official capacities?
Are all the judges and the lawyers in the country going to be charged for treason for holding that rulers can be sued in their official capacities?
The Home Minister, Datuk Seri Syed Hamid Albar and the Inspector-General of Police, Tan Sri Musa Hassan should be fully aware of this simple legal proposition or they are simply not fit to continue for a single second in their high positions and in Hamid’s case, everyone must wonder how he got his law qualifications in the first place! Read the rest of this entry »
Challenge to Hamid Albar to a live telecast public debate on crime situation in Malaysia
Posted by Kit in Crime, Human Rights, Law & Order, Police on Wednesday, 19 November 2008
I regret that instead of responding positively and responsibly to my criticisms about the worsening crime situation in the country, the Home Minister Datuk Seri Syed Hamid Albar has launched a campaign to demonise me as an enemy of the police as illustrated by the following newspaper headlines today:
“‘Usah gemar perlekah pasukan keselamatan’ – Syed Hamid bidas sikap pemimpin parti pembangkang” – Berita Harian
“Syed Hamid bidas Kit Siang perlekeh polis” – Sinar Harian
“Jangan perlekeh credibility pasukan keselamatan” – Utusan Malaysia
In my 42 years in politics as a MP and DAP leader, I have never treated or regarded the police as an enemy as the police officers and personnel perform an unenviable but important and critical function to keep the country safe and secure for socio-economic and political progress and to be able to attract tourists and investors to maintain Malaysia’s competitiveness.
While I had never shirked from my responsibility to criticize faults or failures of the Police (and this applies to the Cabinet and the entire public service), I have never begrudged in giving full support to ensuring that the police force get proper and adequate recognition in terms of pay increases, equitable remuneration and improvements in their working conditions.
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Hamid – when are you going to assume personal responsibility for rampant crime?
Posted by Kit in Crime, Law & Order, Police on Friday, 14 November 2008
The Selangor Chief Police Officer, Deputy Comm Datuk Khalid Abu Bakar should apologise to Ronnie Liu for the unprecedentedly ill-mannered, rough and high-handed police arrest of the Selangor state exco at the Selangor state secretariat on Wednesday, just in time to prevent him from attending the weekly state exco meeting as if he posed instant and major threat to national security and public law and order.
The Police has to date failed to give any credible reason why the arrest should be effected in so rude and crude a manner, when the police should know that Ronnie was not about to be a fugitive from justice and from his past record, would have fully co-operated with the police in his own arrest.
I am not here disputing Ronnie’s arrest – putting aside for the moment the merits and demerits of the charge pending against him – but the manner of the arrest of a State Exco, raising the question asked by Malaysians not only in Selangor but throughout the country that if the police could be so highhanded and ill-mannered when dealing with a Selangor State Exco, how could the ordinary man and woman in the street expect good manners and courtesy from the Police in their everyday interactions?
Ronnie is to be charged on Monday under Section 186 of the Penal Code for the offence of obstructing a public servant in the discharge of his functions, which is punishable on conviction to a two-year jail sentence, RM10,000 fine or both. Read the rest of this entry »
Anwar’s Sodomy II – Is Malaysia banking on support of Myanmar/Zimbabwe/Sudan in UN?
Posted by Kit in Anwar Ibrahim, Judiciary, Law & Order on Sunday, 10 August 2008
The Foreign Minister, Datuk Seri Dr. Rais Yatim is taking his idea of internationalizing the Anwar Ibrahim’s Sodomy II charge by organizing a series of information sessions by the Foreign Ministry overseas “to give a true picture so there will be no misconceptions that can hurt Malaysia’s image” one step further.
Yesterday, he announced raising the issue to the United Nations level through a letter to the UN secretary-general Ban Ki-moon to explain Malaysia’s view on what it sees as American interference in the Anwar Sodomy II charge.
Is Rais banking on the support of rogue states like Myanmar, Zimbabwe and Sudan by taking the Anwar Sodomy II issue to the United Nations?
Instead of accusing the United States of violating international law and “meddling in Malaysia’s international affairs”, Rais should lead the charge in the Cabinet on Wednesday to demand the dropping of the Sodomy II charge against Anwar especially as a recent opinion survey has shown that only 11% of the respondents believe in the Sodomy II allegation made against Anwar. Read the rest of this entry »
Rais should lead the charge in Cabinet to demand dropping of Anwar’s Sodomy II charge
Posted by Kit in Abdullah Ahmad Badawi, Anwar Ibrahim, Judiciary, Law & Order on Friday, 8 August 2008
The 2008 Olympics opens in Beijing today but for Malaysia, we are obsessed with scaling a new Olympian height of national trauma and international infamy – the strangulation of what is left of the rule of law in Malaysia after two decades of judicial darkness in the continued political persecution of Anwar Ibrahim in the Sodomy II prosecution.
Thanks to this special Malaysian official obsession with sodomy, Malaysia was big news in seven continents when Anwar Ibrahim was charged under Section 377B of the Penal Code for sodomising his 23-year-old male aide, Mohd Saiful Bukhari Azlan.
Furthermore, Anwar’s Sodomy II trial and tribulation will be kept alive in the international stage because of the disgraceful, dishonourable and ignoble circumstances and motivation of the prosecution to the extent that the Foreign Minister, Datuk Seri Dr. Rais Yatim has made a most unusual and extraordinary decision to organize a series of information sessions by the Foreign Ministry overseas on Anwar’s Sodomy II “to give a true picture so there will be no misconceptions that can hurt Malaysia’s image”.
What is this “true picture” that Rais is going to tell the world in a series of information sessions overseas? Read the rest of this entry »
Anwar’s Sodomy II – let professionals in AG’s chambers rethink and drop the medieval prosecution
Posted by Kit in Abdullah Ahmad Badawi, Anwar Ibrahim, Law & Order on Thursday, 7 August 2008
There was not only relief but a sense of vindication all round that Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim was released on RM20,000 personal bond without surety after he pleaded not guilty in the Kuala Lumpur Sessions Court this morning to the Sodomy II charge under Section 377 B of the Penal Code.
The decision of the Sessions Court judge, S.M. Komathy and the stand of the Solicitor General Datuk Idrus Harun in not opposing bail gives hope that the system of justice is not totally condemned and irredeemable if the professionals in the legal and judicial services are fully freed of political pressures and interferences to discharge their duties to uphold the rule of law and dispense justice.
The person who had come out worst from this morning’s proceedings was not in court at all – the Prime Minister, Datuk Seri Abdullah Ahmad Badawi.
Only yesterday, Abdullah was again justifying the Sodomy II prosecution of Anwar on the ground of according “justice” to the accuser, Mohd Saiful Bukhari Azlan, making many Malaysians ask why the Prime Minister has suddenly become the leading spokesman for Anwar’s Sodomy II charge when under the Constitution, the sole prosecution discretionary power is vested in the Attorney-General and not with the Prime Minister or in the Cabinet! Read the rest of this entry »
Anwar seeks sanctuary in Turkish Embassy
Posted by Kit in Anwar Ibrahim, Law & Order on Sunday, 29 June 2008
Anwar Ibrahim is at the Turkish Embassy in Malaysia for his personal safety. He told me over the phone from the embassy that he had been advised by his friends to seek a safe haven in the country from those who want to do him physical harm.
Whether Anwar’s seeking sanctuary at the Turkish embassy in Kuala Lumpur will lead to a diplomatic row between Malaysia and Turkey is secondary to the primary question as to how to assure and ensure the former Deputy Prime Minister’s personal safety and security in Malaysia.
This is a responsibility the Prime Minister and the Home Minister cannot shirk.
Over to Abdullah Ahmad Badawi and Syed Hamid Albar.
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