Dato’ Mohd.Ariff Sabri bin Hj. Abdul Aziz
DAP MP for Raub
Friday, 7 February 2014
Is this country descending into a state of lawlessness? The chief executive is acting irresponsibly by allowing mobs to place posters making offers to people at large to collect reward money if they can assault Teresa Kok, a member of parliament. What if there were posters offering reward money to people if they can spit upon Najib or Rosmah? I am sure the police will come down swooping to arrest and jail whomsoever is responsible.
The police must act responsibly by going after the authors of the various reward posters offering money to assault Tersesa Kok. Surely these are invitations to the public at large to commit physical harm on someone else.
Causing physical harm or the threat of making one isn’t the same as making a parody of the country’s leadership and its management of the country. What if RM1200 is not enough and posters are put up to invite people to do more than slap?
The people of Kajang should take note of this. The unrestrained behaviour of the mobs acting under the cloak of Muslim NGO should be condemned vehemently. They should take this as indicator of the moral health of the BN government led by an incapacitate leader. Mob action and lawlessness appear to be popular medium of expression for UMNO supporters. This can only be taken as indicative of UMNO’s depraved religious, nationalist and racial sentiments.
If some people feel the reputation of Najib and Rosmah is worth dying for, why not take it a step further- self-immolation?
Why are we so upset over the humorous depiction of what is actually going on in this country? Cost of living going up, educational standards are declining, the wealth of this country being frittered away by free spending executive and his band of merry men.
I notice the people slaughtering chickens over posters of non-Malay elected MPs are Malays. So too are the members of the Muslim NGO who put up the reward posters on Teresa Kok. It’s as though our country is descending into a cowboy state in an early stage of America where members of white supremacist groups go after non whites.
Why don’t they stop to ponder- we have been shouting ketuanan Melayu for so long- but the tuans stay in hovels and squatter houses. The non-tuans who are still condemned as immigrants even though they have been here for 5-6 generations live in million Ringgit houses and posh condominiums. We shout ketuanan Melayu, but the tuans find difficulty in getting a piece of land to seek sustenance and make a living. We shout ketuanan Melayu, but the tuans remain the poorer section of the community. The tuans earn an average monthly income of RM1200; the non tuans earn RM 12,000.
Who do we blame for this state of affairs? If we cannot blame the government in power for allowing these things to happen, who else can we attach responsibility? Do we condemn the poor because they are poor? Why don’t we condemn our mothers for giving birth to us?
YEAH lor, NO shame, lawLESs, MOB mentality
Kangkung punya umno.
On the other hand, the mobsters and their kind think they are the defenders of the faith, race, religion, rulers and whatever else and are therefore heroes and patridiots. They got their publicity and cheap thrills. No one dare touch them, no, not even the ‘Chief Executive’. He hasn’t got the guts or clue to do anything. He’s in hiding.
Its a lot more that state of lawlessness. Its a state of HALLUCINATION – induced by the political drug called Mahathirism – they are fantasizing they are doing their job. Not only the laws different for the same facts, the same fact is different for different people.- Drinking the Mahathir’s Kool-aid..
Lawlessness? How would a would-be Lawyer Burokker analyse the situation?
At the outset we must determine whether there is there a firm offer with definite terms capable of being accepted by anyone and thereby forming a contract? Or was the ‘offer’ merely a ‘puff’ or an ‘invitation to trick and/or treat’? Can an ‘offer’ made to the whole world at large capable of being accepted by anyone who proceeds in god’s faith to fulfill the terms of the contract and claim the money ?
Following the principles of Cowlil v Carbonic Chicken Soup Bols Company (1892), yes, an offer made to the whole world at large is capable of acceptance by anyone proceeding in god’s faith especially when the offerer clearly took definite steps to show his intention to be bound. In the current case, the ‘Islamic Ngo Hiang’ collected RM 1,200 and said it will give it to anyone who gives Teresa Kok a smooch and has a photograph or two to prove it. (Photo-shopped photos not allowed). Teresa Kok must personally acknowledge the incident via a police report. So any member of the public can commence to fulfill the offeror’s conditions and the latter will be legally bound to pay the RM 1,200 to the smacker or smoocher. This is certainly no ‘trick and / or treat’ matter but clearly an intention to
create legal relations.
We must then consider whether the Islamic Ngo Hiang has the capacity to enter into a binding contract. He / it can claim they were under 16 years and therefore not capable of entering into a contract or give consent to any sex, marriage or smacking. The judge will then have to determine this fact by looking at their IC and check with the Registration Department that the holder is a genuine holder and not a beneficiary of Projek IC, and also with the Immigration Department that he is not an illegal from Bangladesh or Myanmar. If he / they are indeed of age, they can claim insanity as they belonged to some deviant religious group banned by the government, or they were led astray or confused by energetic missionaries using banned words.
Further the ‘offeror’ can claim he is bound by Syariah Court rules and that his case be heard there so Common Law is illegal for him / them. And yes, he would also need 4 reliable male witnesses. His lawyer might also wish to check the Selangor State Enactments to see if it comes under the Enactments if the transaction was smacked there. Then any fatwas have to be considered as well to either confirm or deny the validity of the ‘contract’.
Will this be a criminal case attracting all sorts of charges and offences? Well it depends on Teresa Kok really. If she does not mind being smacked or smooched, and does not complain, then what is there? However, if she does complain, then the IGP will have to consider throwing the book at the Islamic Ngo Hiang and its office bearers, or to merely slap their hands and wrists. The AG might not want to proceed as well as it is kind of complicated and sensitive and they do not want another black mark on their track records.
So, in the final analysis, its all TouchnGo.
Say, have you all viewed Teresa Kok’s CNY satire video? See it here:
http://www.youtube.com/watch?v=JtsRcId70bk
Gong Xi Fa Cai.
Hello, even playing football in Malaysia is dangerous: you could get killed, or at least kicked in your gonads. Halcyon Malaysia is only in the memory of old folks.