By Shannon Teoh | July 06, 2011
The Malaysian Insider
PUTRAJAYA, July 6 — Datuk Seri Hishammuddin Hussein insisted today that Bersih is still outlawed, saying that neither an audience with the King nor relocating the July 9 rally to a stadium could turn the electoral reforms movement legal.
However, the home minister said that Bersih could still apply for a permit for the July 9 gathering using “other methods.”
“No, they are still banned, still illegal. Nobody can be above the law. Just because Tuanku met them, doesn’t mean they are no longer illegal,” he said, referring to the audience granted by the Yang di-Pertuan Agong to Bersih yesterday, after which it accepted the stadium offer.
“They don’t have to apply on the platform of Bersih itself,” he said of the coalition of 62 NGOs which has accepted Prime Minister Datuk Seri Najib Razak’s offer to hold the rally in a stadium.
He explained that the organisation was still deemed illegal by the Registrar of Societies (RoS) under advice from the Attorney-General and would remain so unless the Registrar said otherwise. The Registrar had said last week that Hishammuddin ordered Bersih to be outlawed.
Hishammuddin (picture) added that this meant that Bersih t-shirts were still unlawful and the law would still apply to over a hundred already arrested in relation to the planned march on Saturday.
However, he said that should Bersih be successful in its application to meet in a stadium on Saturday, the government would facilitate the gathering.
“Of course, we will allow. The whole point is to allow them to air their grievance. This should be looked at as a positive way forward,” he said.
Hishammuddin added that this meant that yellow Bersih t-shirts were still unlawful and the law would still apply to over a hundred already arrested in relation to the planned march on Saturday.
“This is still related to an illegal activity. We are consistent with applying the law,” he said.
The police have continued making arrests in connection with the rally, most of them for wearing yellow T-shirts with the word Bersih emblazoned on them in a clampdown that has also seen Bersih being declared illegal.
But Tuanku Mizan Zainal Abidin stepped in on Sunday to defuse tension by advising the Najib administration and Bersih 2.0 to hold consultations over the issue of free and fair elections.
Disobeying the agung kerismuddin? That is a crime punishable by death.
I demand the immediate resignation of kerismuddin bin lembuddin! If he does not then I demand his removal forthwith from all positions in the government.
Shocking to see people with a pea-size brain!
Hishamuddin you are not fit to be our Home Minister and you have commited treason by defying and not respecting our Ruler.WHAT MAKES YOU THINK THAT YELLOW T-SHIRTS ARE ILLEGAL.YOU THINK YOU CAN IMPOSE YOUR OWN LAW AND YOUR STATUS IS HIGHER THAN CJ.YOU ARE MUDHEAD AND A MISFIT.I DARE THE PDRM TO ARREST ROYALTY WEARING YELLOW OUTFITS.SHAME ON YOU.
Ayooh,
How did this guy pass his law exams. He do not even have common sense.
What the king has sanctioned, how can the Minister question? The PM is also meeting with Bersih 2.0.
How can a minister question?
Sad to say, he is a minister of Malaysia. Shame on us.
Ayooh, PM tell him to shut up. Don’t make a fool of himself, of the government of Malaysia, and the people of Malaysia.
We must change the tenant at Putrajaya. Let us stop this humiliation, having a minister like this one.
Recall…..Mahathir insulted his Agong and control all Rulers.
Najib’s is doing the same thing to present Agong…saying he is the Agong’s Adviser .short of saying…his decisions are final….not that of Agong’s..exactly like Mahathir.
Now all young Malaysians can SEE who are disrespecting the Rulers.
Hishammuddin, I would be kind to you just this once: what kind of a nincompoop are you?
You have just got yourself into an impossible corner. Now the people are angry with you and the King is angry with you.
Now just go quietly to some corner and wipe that stupid look from your face.
OIC. Let’s juz watch on and let him starring for moment now!
He has committed a very serious offence as Home Minister making a very bad image for our King to bear a very disrespectful name by his words.
Challenge him to take a pledge, any outspoken in judiciary or may be ou honorary Karpal Singh should.
///“No, they are still banned, still illegal. Nobody can be above the law. Just because Tuanku met them, doesn’t mean they are no longer illegal,” he said, referring to the audience granted by the Yang di-Pertuan Agong to Bersih yesterday, after which it accepted the stadium offer.///–Hishamuddin Hussein
Muhyiddin said that Agong’s wishes are his command, and now Hishamuddin declares that Agong is not above the law and Najib too is not above the law, and only he, Hishamuddin, is above the law when he alone can declare what is Malaysians’ right to assemble as illegal. The way Hishamuddin puts it, he implies that the King has no role in the impasse between Bersih and the government, since the advice by the King cannot change the opinion of the Home Minister who is clearly wrong in law. It shows that Hishamuddin has no respect for the King.
First Najib said..he will respect Agong’s decisions.
After consulting Rosmah…he talk like Mahathir.
Najib’s flip flopping is world famous.
Never encounter such a stupid, ignorant and full of sheet minister in my life. what happen to his fart brain? It is the most expensive brain in the world bcos used very rarely.
Bersih has been short changed. Whilst it abides with King’s wishes for Dialogue and Musyawarah between contending parties, it looks like govt. side does not need to. It was Home Minister that first declared Bersih illegal so it should be same office to revoke that ban in line with the spirit of what the King said. If Bersih were still illegal how could any stadium be availed for its purpose when necessarily that purpose will be unlawful making whoever the owner of the stadium that allows its premises to be used for an unlawful purpose also guilty of abetment? No wonder Stadium Merdeka officails gave Bersih the snub under pretext of renovations depsite being booked for a rock concert earlier!
If Bersih were still illegal, why not now arrest all the organisers including Ambiga? If Bersih were still illegal then all supporters gathering in stadium or any other place on the 9th can be arrested. Likewise the wearing of Bersih’s trademark yellow teeshirt emblem badge insignia and other paraphernalia – that’s also an offence.The implication of “just because Tuanku met them, doesn’t mean they are no longer illegal,” is that the King had granted audience to criminals.
Minsiter said “They don’t have to apply on the platform of Bersih itself”. This means that there is no more Bersih – it is to terminated once and for all, branding and everything.
“He explained that the organisation was still deemed illegal by the Registrar of Societies (RoS) under advice from the Attorney-General and would remain so unless the Registrar said otherwise”. This is a strange perspective. The Registrar (RoS) is a mere functionary mouth piece under the Ministry of Home Affairs and RoS merely declares a society unlawful because the respensible Minister had so declared it so (with or without advice of the AG). The Minister can just revoke that declaration as easily as when he first made it!
It may be naïve for Ambiga to say “Because we acted in good faith, we expect good faith” – whats the basis to so expect? I said before Neither Bersih nor Opposition should not underestimate the opposite side which more often is thinking ten steps ahead in how to neutralise any challenge to its power. When Bersih started something like that without even applying for police permits it means a possible face off on streets was on the table) and now by a series of moves making Bersih stand down, the other side is stepping up the ante to break this organisation once and for all so as to preempt its future challenges, otherwise more difficult to fend off if its popularity rises.
typo – “respensible” – should be responsible”
Which I why I have always wondered how it can be deemed Bersih emerged a winner in light of recent events. The PM is.
By constitution of Malaysia the “elected” govt (never mind how elected by hook or crook) under parliamentary constitutional monarchy is supreme for 2 reasons: (1) all bills proposed by govt that rulers refuse or delay or object in giving royal assent, automatically pass as laws after prescribed time (Constitutional amendment during TDM’s time) (2) in most matters of any importance on governance the Constitutional Monarch acts on “advice” of the PM/cabinet. “Advice” is a euphemism for having to follow (except perhaps for appointment of PM based on Ruler’s judgment of who controls majority of parliament). Is that derhaka on part of govt? Obviously no. But same standards to those opposing it. Its derhaka for others. Who interprets the law or enforce it on what or who is derhaka? No prize for right guess – the govt.
Would it be possible for someone to provide the actual provisions regarding assemblies in Malaysia? Hishammuddin’s comments has piqued my curiousity as to whether the provision only covers assemblies held in a public place. If so, the next question would be the ascertain the definition of “public place” to check if it includes a stadium.
It seems very common place for our ministers to make statements of the law without citing the relevant provisions nor provide at least an appearance of having consulted a legal adviser. It is even more startling that the police do the same.
Of course it is more likely than not that a stadium in this case will be defined as a public place but the point is I think it will actually be very useful to educate the public on the boundaries of the law – we need to start learning about our rights (whatever little we have!). Is it illegal for people to protest or only if they assemble? Am I allowed, alone, to stand in protest? What constitutes assembly? I would be very interested to stand on the street alone protesting. In fact, if possible, we can all stand 10-30 m apart and still get quite a bit of attention inspite of Umno.
Anyone knows?
UMNO is also illegal in every aspects as hundreds of thousands PTI had become members of UMNO under project IC or project M.
If ROS or the Home Minister are not prepared to do that then DYMM SPD YDP Agong has to make that pronouncement now.
#16 & 17- Police Act itself does not define “public place”. If assembly (ie 3 or more of persons for procession) were allowed to be in a stadium per condition of police permit then its allowed whether or not stadium is public or private place. Even if private place, the Police can stop the activity even in a private place (assuming stadium is “private”) if:-
(a) the activity is directed to, or is intended to be witnessed or heard or participated in by, persons outside the private place; or
(b) the activity attracts the presence of twenty persons or more outside the private place; or
(c) the activity is likely to be prejudicial to the interest of the security of Malaysia or any part thereof or to excite a disturbance of the peace (according to subjective opinion of police).
Let’s get one thing straight, very straight.
The law in this country is the Federal Government.
And the Federal Government is the law in this
country.
Don’t forget that they have five over decades to ensure that
this is so!
Thanks Jeffrey. That is a very wide provision indeed!