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Dr. Basmullah’s jailing – is Ka Ting the worst Acting Health Minister in nation’s history?

I am here with Norliza binti Hassan, 44, wife of Dr. Basmullah Yusoff – the first doctor be to criminalized and jailed under the Private Healthcare Facilities and Services Act (PHFSA) – her counsel Karpal Singh (DAP National Chairman) and Dr. Lo’Lo Mohd Gazali, Dr. Basmullah’s medical colleague (PAS Wanita leader) for an application to the High Court to get Dr. Basmullah out of Kajang Prison.

Two days ago, New Sunday Times quoted former Health Minister, Datuk Seri Dr. Chua Soi Lek as asking the medical fraternity not to blame him for the jailing of Dr. Basmullah who failed to register his clinic under the PHFSA 1998.

Chua said the PHFSA was never intended to criminalize doctors. He said PHFSA, which came into force on May 1, 2006 when he was Health Minister, was intended to weed out bogus doctors who posed a threat to public health and safety.

Now that a qualified doctor, who has an annual practicing certificate issued by the Malaysian Medical Council has been criminalized and sentenced to three months jail for his inability to pay RM120,000 fine, why has Chua failed to speak up firstly, to admit that the enforcement of the PHFSA should be suspended until there is iron-clad guarantee that there would not be another case of criminalizing of a doctor like that of Dr. Basmullah; and secondly, that it is grossly unjust for Dr. Basmullah to spend another day in jail.

Dr. Basmullah has been jailed for 18 days which is equivalent to paying a fine of over RM24,000 – which is already too hefty a fine for a technical offence committed by Dr. Basmullah.

Is Chua prepared to publicly state that as Dr. Basmullah has paid an equivalent of over RM24,000 fine in serving 18 day’s jail sentence, justice demand that he be released immediately without any extra day in Kajang Prison?

I am very disappointed that for more than two weeks, there has been deafening silence from the Acting Health Minister, Datuk Seri Ong Ka Ting on the Dr. Basmullah case – whether he is utterly indifferent about the sufferings imposed on the father of eight or whether he is totally lost as to how to rectify the injustice suffered by Dr. Basmullah.

Is Ka Ting prepared to carry out his duties as Acting Health Minister diligently, conscientiously and responsibly by asking the Attorney-General Tan Sri Gani Patail to invoke his revisionary powers by applying to the court to vary the sentence imposed on Dr. Basmullah to RM24,000 fine, which would mean that Dr. Basmullah would be able to walk out as a free man from Kajang Prison immediately.

If the Acting Health Minister and the Attorney-General are prepared to take the initiative to ensure that Dr. Basmullah can walk out of Kajang Prison immediately, there would be no need for any action by Norliza and Karpal.

Is Ka Ting in support of the call that Dr. Basmullah should not stay an extra day in Kajang Prison? An additional day in jail for Dr. Basmullah is an additional day of dereliction of duty by Ka Ting as Acting Health Minister!

If Ka Ting cannot carry out his duties as Acting Health Minister diligently, conscientiously and responsibly, he should ask the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to relieve him of this acting portfolio and appoint another Minister who is not afraid to come forward to back the call for Dr. Basmullah’s immediate release from jail!

Otherwise, Ka Ting will become the worst Acting Health Minister in the nation’s history – a notoriety which the MCA President must give full accounting in the 12th general election!

(Media Statement at the Jalan Duta Courts, Kuala Lumpur on the filing of an application to release from Kajang Prison Dr. Basmullah Yusoff, the first doctor to be jailed for a technical offence on Tuesday, 5th Feb. 2008 at 9.30 am)

47 Replies to “Dr. Basmullah’s jailing – is Ka Ting the worst Acting Health Minister in nation’s history?”

  1. “If the Acting Health Minister and the Attorney-General are prepared to take the initiative to ensure that Dr. Basmullah can walk out of Kajang Prison immediately, there would be no need for any action by Norliza and Karpal.”

    It is obvious that they would not do that now because the DAP would then claim victory for championing the rights of the downtrodden. They know that.

  6. “…Chua said the PHFSA was never intended to criminalize doctors. He said PHFSA, which came into force on May 1, 2006 when he was Health Minister, was intended to weed out bogus doctors who posed a threat to public health and safety…”

    Why is the DAP championing a doctor who is not able to comply to a simple rule. Get register and problem solved. After reading all postings … this issue is not about Dr Basmullah at all …. but about BOGUS DOCTORS. DAP could have a donation drive to pay the fine…if LKS truly wants to help and NOT politised this non-issue. The issue of Dr Basmullah not having any political patron to protect him is naughty and an insult to the rules of law of our country.

  7. The NST has misreported and has misled the public into thinking that Dr. Basmullah was running an illegal clinic for ten years. To quote them, “The father of eight, who was found guilty of operating Al-Hilal Medical Centre Sdn Bhd in Desa Pandan for 10 years without registering it” (NST 3 Feb )
    In an editorial, the NST (4 Feb 2008) has called the Blog Campaign “shrill, provocative posturing “.
    Sorry to say this NST, but better than telling half truths and incomplete reporting, we should bring out the whole picture and publicise Dr. Basmullah’s plight.
    http://medicine.com.my/wp/?p=3037
    http://medicine.com.my/wp/?p=3067

  8. Good, at least some one is compassionate enough to take up this legally. Sometime I need to salute you for “finding time” to act on all these things.

    One more reason why DAP needs to get our votes.

  10. zack Says:

    Today at 12: 54.12 (39 minutes ago)
    “…Chua said the PHFSA was never intended to criminalize doctors. He said PHFSA, which came into force on May 1, 2006 when he was Health Minister, was intended to weed out bogus doctors who posed a threat to public health and safety…”

    Why is the DAP championing a doctor who is not able to comply to a simple rule. Get register and problem solved. After reading all postings … this issue is not about Dr Basmullah at all …. but about BOGUS DOCTORS. DAP could have a donation drive to pay the fine…if LKS truly wants to help and NOT politised this non-issue.
    —————————————————————

    Zack, the whole point pointed out by YB LKS is that in the first place, WHY A HEFTY FINE for a minor technical glitch.

    The whole idea of PHFSA as quoted and requoted by our “Taiwanese porn actor wannabe health minister” was to weed out bogus doctors hence the question arises on why a LEGALLY and PROFESIONALLY QUALIFIED Doctor has to pay such a hefty fine.

    Imagine, the impact on the medical society, how about doctors who are qualified and are on a mission to provide medical care on a mobile basis to remote areas, which maybe over time may not be able to register themselves due to communication breakdowns, remoteness of areas served??….does this minor technical glitch mean that more dedicated doctors who are willing to serve the community minus one or two glitches end up doing time rather than making use of their time to go save and heal and nurse as many people as possible??

    As it is we are severely short of doctors…some have left the country, creating a vacum and a brain drain ( a fact even our AAB admits many months ago in a public statement), and now we are going around jailing them??….which part of Dr. BAsmullah says he is a bogus??

    AND………..WHY does LKS and DAP have to PAY THE FINE WHEN WE ARE CHAMPIONING THE ISSUE ON WHY WE SHOULD NOT PAY THE FINE…..

    I may not be an expert on legal matters, but i do know that many a time, the rule of “substance over form” is being used in blurred aspects such as this when it comes to a judicial level.

    SUBSTANCE = Dr. Basmullah saved people
    FORM = He just did not register with the PHFSA

    u do the math

    To ask us to pay the fine….is like admitting to something which we are not guilty of….

    and as pointed out, any law cannot be enforced until there is an iron clad guarantee that it will not criminalize those who are innocent, short in saying, no loopholes wherever possible.

    Any disambiguity in the definition of an act/law can also render the applicability of it null and void.

    There you have it ZAck

    Besides, if we continue to pay fines all the time, we will all go bankrupt……we need to champion what is right and what is wrong.

    -iyamwhoiyam-

  11. Ka Ting is good at slow talk and lick the UMNOPutera, and is happy with the Crumbs he gets ! Whatelse can he do ? Even The CM in Penang will tell you he will lick and get some crumbs for U !

    Vote them out !

  12. zach

    whats the intent of the legislation? is the sentence in proportion to the breach of law? thats the issues. no one is debating that there is a breach!.
    look, what rule of law are you talking about. its damn bloody rule by law. and there are different sets of laws;favourbale ones for the cronies and connected ones;and another set for the others. for whatever reasons, you may want to remain oblivious to the rapid degeneration of the rule of law. good luck to you.

  18. OKT? Right now I doubt Dr Basmullah is even on his radar screen. He is busy politicising all the Chinese schools in the country – doing precisely what his good older brother Ka Chuan is trying to blame the Opposition for doing.

    Being Local Govt. Minister and also Minister for Buddhist Affairs AND MCA President, I cannot really see him wanting to take on the Health Minister portfolio. By taking it on it helps the MCA and the BN Govt. to project a responsible image by not wanting to appoint anyone permanent pending the GE. But in reality it is to keep the position open until after the GE for someone. No first prize for guessing right who the portfolio is held open for.

    “…Chua said the PHFSA was never intended to criminalize doctors…..” So what’s new? It is standard Malaysia Boleh practice to twist Acts or policies beyond their original objectives? The biggest example we have is the NEP. Then we have the Shariah laws. Another example is the ISA. The noble original objectives of these policies and Acts are now being systematically twisted and abused to suit the dark objectives of the UMNOputras

  22. While a handful of Malaysians of Indian ethnicty -as HINDRAF leaders- raised the demand for citizens equal rights, reinstitution of a secular state, racial equality with dignity and equity, the bulk of the Chinese, sadly, have remained alloof on a wait and see game. It has been the ingrained into the Chinese culture not to rock the boat, as long as bits of their economic benefits are thrown their way. Even snatching of the body form the midst of the awake does not raise the political revolt to level one would expect.

    It is time the the opposition parties, particularly PKR and and social pressure group demanded to know where the Chinese, as a racial group, stood in the struggle for equality as Malaysian citizens, or do they prefer to conserve their 60% economic benefit and remain as second class citizens.

  24. Hi anak sungeisiput ….you have raised the question and answered it as well.thats my child….The chinese is a surviving race everything else comes second.Rare exception are ppl like lks who will fight tooth and nail to the end.There are not many though and thats a pity.

  25. Hi Short-sleeve No, you are wrong. Whether Ong Ka Ting is chinese, indian, malay or even african, it does not matter. What is wrong is wrong,….We are actually community based not moral,ethic or commonsense based.First we must take care of our kind and be strong.Then we can prosper.

  28. Actually, when a sentence has been passed by a court and there is no appeal, what can a minister do? can he interfere with a judicial decision? Perhaps lawyers out there can answer this.
    The doctor had pleaded guilty, which he should not have in the first place. He did not appeal the sentence passed. So what can be done legally?

  30. Is there a summon or jail for Bogus Min. of Health?
    I deemed it more dangerous and a threat to public healthcare when we have a inept person sitting on a critical position such as Ong Nothing. He should be the one put in Kj Prison!

  31. Poor OKT…now he has to clean up the shit left by porn star Chua Soi Lek….but that he can do by sacking the moronic Ismail Merican and his nincompoops……OKT is clearly trying to lie low and hope the whole thing will pass…but the opposition and all doctors and perhaps some of their patients are not going to forget this in the election……..if OKT is not going to throw out the moron who drafted this law…..then both OKT and brother must be thrown out….every doctor in this country must endeavour to ascertain that these sought of politicians are wiped off the face of Malaysia…..

  32. “Hi Short-sleeve No, you are wrong. Whether Ong Ka Ting is chinese, indian, malay or even african, it does not matter. What is wrong is wrong,….We are actually community based not moral,ethic or commonsense based.First we must take care of our kind and be strong.Then we can prosper.” – sungaisiput

    “Then we can prosper” … as in our own people??? 50 years of Merdeka and we still have our people and their people type of mentality. Sad actually, very sad indeed.

    But I am sorry, you can take your ‘our people and their people’ mentality elsewhere. I am voting for change.

    Time for us to be Malaysian first.

  34. It is all about poor exercise of sentencing powers, and inconsistent sentencing – unless of course it is mandatory to fine the fine imposed. But then wasn’t the Dr. offered easier terms to avoid spending jail time? I know this is hardly an easier way out but at least that would avoid having to spend three months in jail. It was not a fine and three months’ jail.

    Having said that certainly RM120k is way out of proportion to the seriousness of the offense.

  35. But like another poster said earlier, he should not have been allowed to proceed to trial without counsel. Why was legal aid not made available to him? Was it because he’s a doctor and not some poor defendant eking a living and could not afford a lawyer?

    There are gaps in the information.

  36. As I understand from my doc friends, PHFSA requires clinics to have certain minimum equipment. This means the doc has to buy them whether he needs or not in his setting. Cos of higher costs, this may pass down to his patients which are unnecessary.

  40. “This issue is not about Dr Basmullah at all …. but about BOGUS DOCTORS. DAP could have a donation drive to pay the fine…if LKS truly wants to help and NOT politised this non-issue.” zack

    What are you saying here? Are you saying that the doctor was a bogus doctor and not having a license to operate the clinic makes him into one? if that is the case then you’re giving a new meaning to the word “bogus”. Other than that I don’t know what you mean.

    Then the second issue you raised is that if LKS is genuinely interested in the welfare of this man and his family, DAP should raise the money to pay or help to pay for the fine – even though you’re aware that the fine is a hefty $120k?

    Politicizing the issue? You may have a point.

  41. “As I understand from my doc friends, PHFSA requires clinics to have certain minimum equipment. This means the doc has to buy them whether he needs or not in his setting. Cos of higher costs, this may pass down to his patients which are unnecessary”

    Could it be the case where PHFSA is created to benefit some BN cronies by forcing clinics to buy certain equipments?

  42. raven77 Says:

    Yesterday at 22: 56.18

    What a scene………a wheelchair bound lawyer goes to court to help release a doctor who was jailed because he had no money……..this is the Malaysia we live in today….

    Very well put….c’mon people…let’s champion on this matter….

  44. We have multi-purpose ministers and ministers with a thousand hands (like Guan Yin) in Malaysia. One minute, he can be Minister of Trade and Industry, the next minute, he may be the Minister of Health. And imagine one person shouldering three or four ministerial posts, Malaysian ministers are SUPERMEN!!!!

  45. Pingback: Lim Kit Siang » Blog Archive » The Malaysia we live in today (case of Dr. Basmullah)

  46. Politicizing the issue? You may have a point. Darkhorse

    What nonsense is this? To you every damn thing is politicizing? Hello, DAP is a political party. We are not here to talk weather or to exchange pleasantries. I must tell you to stop belittling DAP for nothing. Please stop showing your false sense of righteousness all the time. It is nauseating already. If DAP does not take up this case, in all likelihood you will also say DAP is not interested in helping a non Chinese.

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