The revocation of the passport of the Hindraf Chairman P. Waytha Moorthy by the Malaysian government is most undemocratic and deplorable.
The Home Minister, Datuk Seri Syed Hamid Albar should make a ministerial statement for the government’s high-handed action when Parliament reconvenes next Tuesday.
The following is Waytha Moorth’s statement on the revocation of his passport:
I was travelling back to London from Geneva after the HINDRAF briefing with the United Nations High Commissioner’s office on Human Rights on April 21, 2008 and was totally shocked to be informed by the UK immigration officer at Gatwick Airport that the Malaysian government had revoked my passport thus making me de facto stateless.
I see only one purpose. The Malaysian Government had intended that I be deported back to Malaysia by the British authorities so that I too could be arrested under the draconian Internal Security Act and be detained for unspecified period of time without trial and be subject to torture and inhumane treatment for my political beliefs. I have not committed any offence or crime other than to champion the cause of the systematically marginalized, discriminated and alienated ethnic Indian community in Malaysia who remained a permanently colonized community despite achieving independence 51 years ago.
It is most distressing to learn that, the land that my forefathers toiled as indentured labourers and one that I had been made citizen by the will of the unavoidable circumstances has decided to banish and exile me for speaking and advocating the truth that was never spoken off before.
The government has once again acted according to its whims and fancy without a second thought of the public or for the good of the public.
The Malaysian government repetitively had oppressed , suppressed and persecuted all causes of HINDRAF by their act of totalitarianism from the very beginning but nevertheless the will and spirit of the HINDRAF supporters have been the beacon of hope for the new strength founded upon our new found MAKKAL SAKTHI (people power).
The callous and cowardly acts of the government against me not only undermine their credibility domestically but also internationally. The government needs to realize that the Malaysian public can no longer be cowed as the public are no longer the sheeps that begets the government wolves.
The government may use its best weapon in attempting to stall and break me but they fail to realize that I derive my strength from my MAKKAL SAKTHI and that is all that I need to carry on the torch and fight for the unjust cause of the ethnic Indians in Malaysia even if it means championing my cause from exile.
As much as I have been coerced, castigated by the Malaysian government, so have the HINDRAF supporters. HINDRAF supporters have shown unprecedented courage and character for the truth. It only motivates me further to pursue our goals.
The revocation of my passport is probably the last ditch desperate effort by the Malaysian government in crippling my international lobby for the cause of the Malaysian Indians. This unwarranted act has given me a greater “inner” strength to continue to fight for the struggle of the Malaysian Indians and for the unconditional release of my fellow brothers held unjustly in Kamunting. The government can unleash all the man made mechanism to stifle and silence me, but I have the backing of MAKKAL SAKTHI and that alone is sufficient for me to continue my fight for the people.
In MAKKAL SAKTHI, I have found the truthness of my cause for the people. In today’s world, utterance of truth is seen as a revolutionary action, and my quest for the truthness has resulted as a hindrance for the government. My judge is the people not the government.
I will continue this struggle until my last breath. They may break me but they will never be able to break my will and spirit that is derived from the people for the truthness is in it.
I shall continue the struggle for the “freedom” of the ethnic Malaysian Indians from London and urge all HINDRAF supporters to remain calm as they have always been. I shall forever remain a loyal Malaysian and will return to Malaysia soon to continue and accomplish what I had started.
P.Waytha Moorthy
Chairman
HINDRAF
If P. Waytha seek asylum (temprorary or permanent) & get it from any other countries, this act will reflect very badly on Msia !
Seek refugee status in UK or France. Even Ayatollah Khomeny thrived in Paris.
There’s this other thing that I would like you to talk about. Our national service and the whole sex education thing. I offered some thoughts on my blog but I would like to know what you think about it.
http://myoe.wordpress.com/2008/05/15/national-sex-talk/
As there are many issues in hand, it is important for PR to stay focus…Is this passport thing more important that the Royal Commission recommendations??
Malaysian government is out of control now, what Chinese said is the beginning of the fall of nation. I hope PR can take over the administration of our country in future as I feel so sad to heard the news.
Germany will welcome you with open arms!
The government is really scraping the bottom of the barrel – they can find not other way to shut Waytha Moorthy up, they now have to resort to revoke his passport. Please raise hell for them in the parliament.
Yeah, let’s send him to India to see for himself how free the Indians in India are thriving and living freely.
`HINDRAF’ Is it a real threat to BN Gomen ??
Its getting to be a free for all….Malaysia is facing an impendig collapse…….and people have to take note…..
Killer:
Stop your racist nonsense. If we have to tell everyone to go back to their roots, then Syed Hamid should go back to Yemen, Shahrizat should go back to Pakistan, and Ong Ka Ting should go back to China.
People like you give UMNO a bad name. Or maybe your attitude is typical of that of an UMNOputra who still cannot come to terms with March 8.
Just ignore that Killer aka RealWorld. His comments contribute nothing here and he cant even help his own Umnoputras to overcome their own internal bickerings. A total failure. (btw, where is your 92%?)
As for P. Waytha Moorthy, it is better for him to seek political asylum either in US or Britain. Those racist Umnoputras had already put a bounty on his head once he touches down on Bolehland. The way the Umnoputras revoked his passport indicated that they are going to put the Hindraf leader into ISA.
When Pakatan takes control of the Federal Govt, they should be deporting people like Killer to India, so that he can see for himself, as he says, “how free the Indians in India are thriving and living freely”, and to reflect on how he and his fellow Umnoputras have been oppressing the Malaysian people.
It is my understanding as a non lawyer, and I stand to be corrected of my understanding, the ISA does not expunge natural justice or procedural fairness in its applications. The Prime Minister has made a statutory decision under the statute of ISA, and in the making of the statutory decision the Prime Minister has not made a substantial case, i.e. facts and circumstances, upon which he has arrived at his decisions to order their detention. Natural justice, demands that the primary responsibility of a statutory decision maker is to reach firm conclusions about those found facts which are relevant to his decision to detain the H5. The Prime Minister, as the decision maker, is now called upon by the Rakyat to state his findings, and he should do so in clear and unambiguous terms the ground of his decision; he should not be reticent in expressing findings adverse to the H5, if in fact they were the actual findings reached at the time of his decision. The Prime Minister has failed to do so in the case of the H5, contrary to the many lies and innuendoes put out by his spin doctors.
A statutory decision, that ought to be in compliance to the principle of natural justice and procedural fairness, can only be made based on found facts and nothing more, and any inference can only be drawn from such found facts and circumstances. The Prime Minister has not advanced such demonstrable facts or circumstances that supports their detention, and to detain the H5 is grossly flawed with the violation in the exercise of Ministerial powers.
The public is still left wondering on what grounds are they detained under ISA. There are no found facts or circumstances that has been advanced to convince the Rakyat that the H5 have any links to terrorists, that they are a threat to national security in any way. They did not question the Malay privileges or any other seditious matter. They merely asked for the equitable rights of the marginalised Indians. The government and every political party acknowledged and echoed the very message carried by HINDRAF. It was a legitimate political claim by one segment of the Malaysian society. It was not a threat by the HINDRAF. The Prime Minister should not have been rattled by political processes, even if his experiences in handling such natural processes is limited in his cocooned position.
Their detention is unlawful, an error of law, a decision that is flawed and one that carries inherent racial bias against the Indians. If Badawi does not relent, the next station is the world opinion that will stand to condemn the UMNO dominated Malaysian government
Malaysia under BN is a shame.
Is this what BN called Malaysia Boleh?
1. You revoke the passport a loyal Malaysian who voice out for his people.
2. You issue hundreds of thousands of Mykad to illegal immigrants just to give you an advantage during elections.
The famous 6 in Lingam Tape did more harm to Malaysia, why not revoke their citizenship? May be, you don’t even dare to revoke their titles.
Moorthy should not expect anything less. Having a passport is not a right but a privilege and he knows that. In fact what surprises me is that the Malaysian government took this long to revoke his passport.
He would have to file for political asylum in the U.K. which will take two years to make its way through the court system there. Meanwhile his travels outside the U.K. would have to be with the prior permission of the U.K. government – or he would lose his status as refugee. That would interfere with his plans of course. When he gets his British citizenship several years later, his continued struggle to bring justice to the Malaysian Indian community would be seen as interference by a British national in the affairs of another country.
Only a Pakatan government could save him!
This is a bully tactic of the arrogant UMNOputras! The ‘beggar’ component parties in the BN must speak out now to justify their existence. Yes, the answer is a new PR government!
“Their detention is unlawful….” anak sungeisiput
If their detention is unlawful under the Act, an application for habeas corpus should have done the trick and freed them – but it did not!
“Give and Get”
UMNO = Already got for what given (March 08)
HINDRAF = Get more support from Malaysians for what you’d given!
BN= Get LOST!!
haha…
-malaysian!
Uncle kit,
What are the 82 mps been doing since 2 months?One of the issues spoken during the election campaign was to fight and release the ISA detainees.Now i dont see any PR MPS debating the issue in parliment.IF the speaker is rejecting the motion in parliment than all the 82 mps and those from BN supporting the repel of ISA must stage a walk out from the parliment.WE WANT THE H5 AND THE 75 DETAINEES TO BE RELEASED NOW!!!!!
“It is my understanding as a non lawyer, and I stand to be corrected of my understanding, the ISA does not expunge natural justice or procedural fairness in its applications.” anak sungeisiput
The ISA depends for its effectiveness on the suspension of our constitutional right to due process.
The detainee is not informed of the allegation or allegations against him, nor have evidence the government claims to have revealed to him, nor charged and given access to legal counsel. He is presumed guilty until proven innocent. How does anyone even begin to defend himself or herself for an alleged crime about which he or she does not have a clue??
guess what guys……….. they thought Waytha wld have to return to this dump and get arrested. But when they heard he may get a UN passport instead now they pissed in their pants.
Hamid Albar says now, The passport wasnt revoked afterall………… Ketuanan Melayu at its heights…..
Godfather Says:
Today at 18: 49.19 (2 hours ago)
Killer:
Stop your racist nonsense. If we have to tell everyone to go back to their roots, then Syed Hamid should go back to Yemen, Shahrizat should go back to Pakistan, and Ong Ka Ting should go back to China.
People like you give UMNO a bad name. Or maybe your attitude is typical of that of an UMNOputra who still cannot come to terms with March 8.
=================================================
Dear Godfather…this is funny….for the last time I checked UMNO still doesn’t allow Hindu Indians as their members.
Unlike these HINDRAF’s agitators I had actually been contributing to the Indian community by engaging in various social and educational programs through NGOs for more than 2 decades (from my schooling days even). So I know who are fighting for the community and who are just using the Indians for their personal gains and political agenda.
I know exactly what these HINDRAF leaders had been doing all these years and I can tell you that their positive contribution to the betterment of the Indians had been ZERO.
The damage that these fake heroes had done the Malaysian Indians are incalculable. It will take the community years to recover from this setback.
T Kumar of Amnesty International (based in US) said before Waytha Moorthy’s passport was revoked, he had planned to visit US to meet the MPs there and to see leaders of Amnesty International and other Human Rights Groups. Following revocation of his passport, he had to cancel his trip (Malaysiakini news, Chinese Edition, 2008-05-16, 11:52AM).
Benny, we can’t expect just the 82 MP’s to do everything.
Right now, BN is working to try and get back the states of Perak and Selangor. And i don’t mean get it back in the next elections.
And look at the just unveiled KL Plan:
http://thestar.com.my/metro/story.asp?file=/2008/5/16/central/21265368&sec=central
Plus the problems with the BMC. There are many things that the PR MP’s need to do
What PR needs to do is to work together and tackle each problem in a constructive manner that will get solid results fast instead of just protesting and making lots of noise.
Killer Says:
The damage that these fake heroes had done the Malaysian Indians are incalculable. It will take the community years to recover from this setback.
Funny. I know many Indians who do not feel that they have been ‘setback’ after Mar 8. Pray, tell us in what way has the Indian community been ‘setback’ after Mar 8?
Oh yeah, Killer, i had to make another comment: why only Hindu Indians deserve to be sent back to India? Why not Malays? Why not Chinese?
Malaysian Indians are born in Malaysia. So are Malays and Chinese. So if it is allright to send a Malaysian Indian back to India, then it is perfectly ok to do the same to a Malay and a Chinese right? After all are we not all equal in Malaysia?
Why don’t we ask all those UMNOputras to go live in India and see how THEY like it before they start asking to send Malaysian citizens there.
And btw, you should also mention to send the Chinese back to China and see how they like it. Then I’ll have a good laugh. Many Chinese will today answer ‘Gladly!’. Today, cities like Shanghai is far more modern and developed than KL.
Dear YB,
I think you shoud also read KJ Website and look at what he had to say… I found it at http://www.rembau.net. Just take a look, what he had tu say.
Dear friends in this honorable blog & YB Kit,
I see only ONE thing in this episode of OPPRESSION & FARCE:
1 MORE POINT FOR PAKATAN RAKYAT!
Also I wish to highlight what katdog has mentioned above, that the BN “people” are trying to get Selangor & Perak back, NOT IN THE NEXT ELECTIONS! I’ll have to agree!
They are playing the same game all over again as if no other “strategies” are available to them, they will create chaos, tell the media what to write, and heap the blame on the opposition & the next thing we know, FEAR struck the Rakyat and we are back to square one!
One by one, little by little they are showing their “belang yang terang benderang”:
1. “IGP” involved in ACA formation & could be under PM’s purview
2. the insistence to crush Rakyat’s voice against releasing H5 while reluctant to charge them in open court
3. “refuse” medication help to the diabetic P Uthaya
4. The RCI has clearly stated that Lingam report SHOULD be made public without PL’s approval
5. after stating in parliament that NS will stay, what are follow up measures taken OR offered by the minister – did we hear any?
6. revocation of Waytha’s passport – they want to block the Shining Flame
7. Arrest of RPK – the FREEDOM VOICE
8. As heard in parliament by YB Amirsham & “kepala botak”, NS is for NATIONAL INTEGRATION – then why still I have to fill out form stating Non-Bumi or Bumi?! Ms Kamine who score 10A1s fail to get PSD?! Integration?!
9. PM’s statement in national newspaper – “MELAYU MARAH” – this is incitement!!! “Seditious”, fishy, smell of rats!
10. 2 pages of answer to a supplementary question? – Kerbauford’s masterpiece!
Isn’t this all an act of arrogance & high drama??! This are all “orchestrated in broad daylight!”
DSAI & YB Kit, act fast!
Allan818,
I went to his blog, can’t find anything “interesting”…can point to me which article?
With all prove given to ACA by the ex coach… Yet ACA has said not enough prove to charge anyone for any wrong doing.ACA has given hope to all the corrupted officers out there to go on taking and taking without fear.
A well co-ordinated plan by the govt.of malaysia to bring back Waythamoorthy to malaysia so he can be detained under the infamous ISA.What a deplorable and shameful act.Looks like this govt.led by those umnoputra leeches simply not able to decipher the message by the ‘makkal sakthi’ or people’s power phenomena.This is an act of desperation by a weak and disgraced govt.By doing so the govt. is further tarnishing its image if anything left further in the eyes of the world.Another feather in the cap for Hindraf.As much as i spoke proudly and lovingly about my beloved country Malaysia to my friends during my college days abroad , i shall now say speak the truth as to the rots taking place in malaysia now to my colleagues in Australia.This is how patriotism works under the racist UMNO led BN govt.May god save Malaysia.
I fail to understand why BN is so keen on dealing with those who fht the poor indians.
BN has completely distorted the truth. What will our pupils, students and undergraduate think? Arrest those who fight for the poor!
I failed to comprehend too why the charges against the late Zakaria were dropped.
BN leaders have two faces, two kinds of moral standards and two kinds of political views. What a stupid world to oppress those who champion the causes of the poor!
“The damage that these fake heroes had done the Malaysian Indians are incalculable. It will take the community years to recover from this setback.” Killer
All great things have already been said but it is necessary to repeat them because not everyone is listening. But telling a lie is not one of it.
Why are you surprised……………..this is typical behaviour of MORONS in power with a load gun
Debating on the issue as to whether the revocation of Waytha Moothy’s passport is justified or not, or demanding that the-shooting-from-the-hip Hamid to disclose his rationale for doing so would be a complete waste of time. When did UMNO/BN ever justified anything that they choose to do even though those actions are deterimental to the Rakyat at large?
To coorect all the “injustices” and “wrongs” in our country, PR MUST take over the Federal Govt even if it takes to persuade or entice sufficient BN MPs to crossover to PR.
National interests (taking care of the Rakyat, good governance,a more democratic and civil society, correcting social ills like corruption, moral character building etc) and the UMNO/BN Govt are mutually exclusive and anathema to each other.
The solution is already on hand and within the reach of PR, if only the Rakyat is determined to do so and if only 35 MPs from BN could locate their conscience and do the right thing as their last act of redemption before they face their Maker.
The PR Govt could then abolish ISA, release all ISA detainees, restore W Moothy’s passport, etc. The new Govt could also consider a “Treason Act” to deal with the UMNO/BN leaders who had inflicted great financial damage to our country by way of their corrupt activities, and those who had wilfully “twisted” the law through their administrative powers to protect powerful politicians who are corrupt or have committed criminal acts.
Punishment for “Treason”, if I may suggest, should be a combination of Hudud Law and Justice Bao’s Law, i.e. by decapitation. This may seem barbaric, but in a situation wherein those who hold the reins of political power are acting with impunity without much regard for the law or the interests of the Rakyat, this could be the right anti-dote to bring about a moral and God fearing society.
////The revocation of my passport is probably the last ditch desperate effort by the Malaysian government in crippling my international lobby for the cause of the Malaysian Indians/// – P. Waytha Moorthy.
That is, however, not how the Malaysian government sees it: more likely the last ditched effort of crippling his international lobby for the cause against the Malaysian government’s detention of his comrades in Kamunting, and to get him to return to share their cells in Kamunting.
Although much more needs to be done, HINDRAF, no matter that there is disagreement of their methods, has been effective to spotlight both national and international attention to the predicament of Malaysian Indians, the undermining of MIC and the denial of BN’s 2/3 majority in political tsunami of 8th March, the latter of which the PM had admitted “point taken”!
However if the point were taken then there should be national reconciliation – and healing – by release of HINDRAF’s leaders detained. There is no need to keep detaining them under the draconian ISA just to appease certain extremist factions baying for their blood. The ISA is intended to incarcerate preventively anti national subversives (which is why majority of detainees are militants committed to ideology of violence). HINDRAF’s leaders are political dissidents. It is fatuous to attribute violence to them just because of some silly reference to Liberation Tigers of Tamil Eelam (LTTE)! If they had advocated violence instead of ballot box, why is it that one of them Manoharan stood for election and was elected to the Selangor state legislature from Kota Alam Shah???
The crux of the problem lies in the misuse of the ISA. Detainees under ISA are not normal felons. There is no trial; no right to be heard, no conviction by normal due process; it is just a preventive measure, and even then because it concerns the deprivation of a subject of his liberty, there must be certainty that ministerial decision is fair but here the laws are written such that ministerial decision is not justiciable – ie reviewable by courts to se if it has basis or based on bad faith!
There is no issue then if passport were revoked for a normal felon whether terrorist or pedophile. Even governments of developed countries do this. HINDRAF’s leaders are not common felons. They are political dissidents and under normal democratic culture their detention is viewed as political persecution.
So as long as other Hindraf’s leaders are continued detained, Waytha Moorthy would keep up the international lobby against the Malaysian government ostensibly under the banner of the Malaysian Indians’ Cause.
And the gridlock is that as long as he keeps up the international lobby against the Malaysian government, the government will see every reason to use every power within its capacity to end this lobby, one of the most effective ways of which is to revoke his passport so that he comes back and face the music like the rest of his comrades.
Although the availing of a passport is an incidence of citizenship, the revocation of the passport is however not synonymous with revocation or termination of citizenship. He is expected to return to face the country’s laws (ISA) and if those laws are bad and misapplied, then to fight against the law and it’s misapplication rather than enjoying privilege of Malaysian passport to stay abroad to take potshots at the government at will and free from the latter’s retaliation.
Although technically he could seek asylum in Britain on grounds of political persecution, his case is not straightforward (as far as Britain goes) as he belongs to an organization that (technically) brought a frivolous suit against the British Crown seeking damages for her colonial policies of bringing indentured labour to Malaya.
This ridiculous , just like some people who were not allowed to return to their motherland.
Today if you wake up on the right side of the floor bed, your left brain decides, if the other then your wrong side decide.
For all i know that man grandfathers were even longer domicile than his.
Arrogance, small ears, and sheer stupidity , no leadership values, deserve to jump into the sea himself,
How can one just decides like that, his mental stability is not stable, have denial syndrome, self esteem problem, gets intimidated easily, not rational in thought, i wonder where did he get the motivation to do that… just for the sheer being legalistic won’t solve one’s inadequacies.
Just wait for Pakatan Rakyat to form new government one day,
and MANY problems will be solved!
Now there is a denial. So who is lying?
“Although technically he could seek asylum in Britain on grounds of political persecution, his case is not straightforward (as far as Britain goes) as he belongs to an organization that (technically) brought a frivolous suit against the British Crown seeking damages for her colonial policies of bringing indentured labour to Malaya.” Jeffrey QC
The only issue before the court if he were to apply for asylum in the U.K. is whether he has a well-founded fear of persecution based on the five statutory grounds:
1. Race
2. Religion
3. Nationality
4. Membership of a particular social group
5. Political opinion
Exceptions to eligibility:
a. If he has participated in the persecution of others on grounds of race, religion etc.
b. If he is a member of a terrorist organization;
c. If he has committed serious crimes; and
d. If he is a threat to the security of the United Kingdom.
Although he was not a refugee when he left Malaysia he meets the definition of ‘refugee sur place’ and is still eligible for asylum.
However, whether he gets asylum would depend on how the immigration judge exercises his discretion.
Jeffrey QC:
Do you think he comes under any one of the above exceptions? He may have a problem with his connections to the LTTE ((LTTE is deemed a terrorist organization).
“The revocation of the passport of the Hindraf Chairman P. Waytha Moorthy by the Malaysian government is most undemocratic and deplorable.” KIT
The issuance of a passport is not a matter of right but a privilege. The document is at all times the property of the government which issues it (and could not be confiscated, detained by other governments), and could be withdrawn at any time at its convenience without having to provide a reason for it.
If its revocation cannot be challenged in court, I fail to see how you could legitimately raise the issue of its unlawful revocation.
Commonwealth members shares a common system of lawlessness,
Trying to interpret these laws is living behind set rules created and adapted over times. People make laws and people means collectively every individual to have a say, those guys who had a say and set the precedentals are long gone, 6 feet under….contact them if you wish no permanent address spiritually.
None of them had return to enlighten us, but something is for sure different those days the quorum is limited to the small elite and influential.
Nowadays my friends , with increased populations, better connectively, better dissemination of knowledge and information, more properly educated people we can see things being done or acted upon or used by some people against people who by natural right have a say into its applications,
So who the hell decides in reality on those whims and fancy actions and decisions.
Is there a capacity to the empowerment, and whether there is action of the “ultra vires” kind.
Who is the person behind Abad Naluri? The goatherd of Kepala Batas?
http://anilnetto.com/2008/05/17/how-did-abad-naluri-get-over-1000-acres-of-batu-kawan-land/
“///….The only issue before the court if he were to apply for asylum in the U.K. is whether he has a well-founded fear of persecution based on the five statutory grounds…///” – Undergrad2
However, he is not, at least in first instance, applying to a court but to the UK Home Office for an administrative/ministerial decision to be granted asylum.
I don’t know much about the so-called statutory grounds for asylum leave but it seems to me that if you are part of a leadership group that brings a vexatious and frivolous mega suit against British Crown, (implicating 3rd party (British tax payers monies if suit were for any reason successful) – albeit that suit might be just a devious ruse to draw international attention to Malaysian Indians’ conditions in Malaysia – it is a factor that cannot be ignored by the UK Home Office bearing on the question of “credibility” that in turn may or may not relate to whether “he is a threat to the security of the United Kingdom”.
The other part of the comment whether he comes under one of the exceptions to asylum eligibility – that “he may have a problem with his connections to the LTTE” – no, I assume he has no connections to the LTTE because otherwise, not only he is not qualified for asylum, he would also be totally qualified to be arrested by British authorities and sent back to Malaysian authorities for immediate incarceration under ISA!
Want to check out some cases relating to refugees?
Goto http://www.ipsofactoj.com and search for “refugees persecution social group political opinion”.
The search words are actually a part of the wordings in Art.1A(2) of the Convention Relating to the Status of Refugees 1951.
The Art says that a refugee is any person who “owing to well-founded fear of being persecuted for reasons of [… not relevant …], membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country …”
Is Mr Jeffrey QC correct to doubt Waytha Moorthy’s entitlement to a protection visa for having brought a “frivolous suit against the British Crown seeking damages for her colonial policies …”?
Would this be a relevant consideration?
My advise to Waytha Moorthy is to come back home.
It will give you the status of A HERO and this may be useful in term of furthering your cause.
Although I do not support Hindraf’s cause, I am symphatatic towards to plights of the Indian community in malaysia and see the need by the government of the day to address their situation.
I read that there is already separation of opinions to the revocation, in simple terms, it appears bolihaland has abandoned a child of malaysia.
What nationalisma?
Listen to the people , i read somewhere after the GE.
but that guy was zzzzzz i think or the guy above is zzzzz or both were zzzzzz together.
like the so many words only go back go back go back for 50 years this was said, for 50 years still saying comoon lah , you fellas more intelligent , is that the biggest tag line.
This is intimidating people to segreagte , further widening of a divide made to last 50 years ago.
Whilst my comment in response to Undergrad2’s is under moderation, the other thing I wish to say is this:
(1) the issue (root of present problem) is ISA and detention of leaders. HINDRAF has already made its point. Govt’s attention on the need to look into Malaysian Indians’ plight is already achieved not only by HINDRAF’s street demonstrations but provided the impetus in part by HINDRAF, the demonstration of Malaysian electoral will on 8th March! Of course drawing one’s attention is one thing, doing something about it is another, and the second part needs a longer time to assess govt’s commitment. For now there is no reason for HINDRAF to carry on its street protests (except for obtaining reprieve for its leaders detained under ISA and resisting the arrest that will be effected when Waytha Moorthy steps on Malysiuan soil).
So the issue is more on the ISA and its use by powers that be to extract their pound of flesh from HINDRAF’s promoters who have contributed to their electoral set back in March.
This means if one can forget about ‘revenge’ and focus on ‘win-win’, the ‘deal’ can be simple : the govt should release HINDRAF’s leaders under ISA and give undertaking to Waytha Moorthy not to arrest him for his role on the counter-undertaking of Waytha Moorthy’s and rest of HINDRAF’s leaders to desist from further campaign internationally to besmear the Malaysian government and not to take to the street demonstrations further since the whole point of these demonstrations have been noted by the government and backlash felt. Forge and take it – such a deal I mean. It is good for national healing, unity and reconcilation. Now everybody (both Hindraf & Govt of Malaysia) will emerge looking and smelling good on such a deal!
(2) The revocation of Waytha Moorthy’s passport and continued detention of the rest under ISA shows one aspect of the govt – its unwillingness to reform; on the other hand, the proposals for Judicial Reform by Govt (setting up of Judicial Appointment commission) + the govt’s willingness to publicly disclose Lingam Tape Royal Commission’s report implicating and recommending investigations of former premier TDM, Ahmad Fairuz Sheikh Abdul Halim and Eusoff Chin, senior lawyer VK Lingam, former minister Tengku Adnan Tengku Mansor and business tycoon Vincent Tan shows the contrary aspect of willing to reform. The picture appearing is that the ruling party is truly conflicted in its soul after 8th March, like story of Dr. Jekyll and Mr. Hyde, one part of personality wanting to re-invent image and change for the better to survive, whilst the other loves its old bad self, hence the conflicting signals to rakyat…..
My two responses to comments arising have been sent into the mysterious corners Cyberspace untraced…
That shows how tight a line our comments have to follow these days! Never used to be like this before. Or is it …???
An Indian, a Chinese, 3 Malays and a Mamak—- when will their passports be revoked? Or sent to Kamunting for subversion?
http://farm3.static.flickr.com/2152/2497059793_b5d9cb9b69_o.gif
Off topic but please allow me to present this heart rending story before its currency expires:-
The following is a letter written to the SUN on Fri 16th May 2008:-
High achiever losing faith
I AM an SPM 2007 school leaver and it grieves me that having achieved 10A1s has got me nowhere in my homeland.
I was rejected by the Public Services Department (PSD), Public Institutes of Higher Learning (IPTA) and matriculation programmes, while Petronas, Bank Negara and the Telekom Malaysia Foundation did not even call me for an interview – all of which has started me wondering if we can really make a difference through education.
To put myself in the best position, I went all out in taking part in co-curricular activities. I represented my school in the national level Robotic Carnival 2007 and won the third prize in the national level Mathematics Carnival in 2006. I was a prefect in school, sub-editor on the school editorial board, homeroom president and Mandarin Club treasurer. In terms of community involvement, I was a student reporter at the Sin Chew Daily.
My parents are government servants nearing retirement age. My father, tormented by renal failure, continues to work for a meagre income, for this income sustains his medical bills, for this income keeps my siblings in school. It wrenches my heart to learn that I am anything but an extra burden. It saddens me deeply, for the price my father pays – his deteriorating health – is too dear for us to bear.
Two years ago, I took up the challenge of studying at Maktab Rendah Sains Mara (MRSM). The stay instilled in me tolerance, people skills and the importance of cherishing differences. After the pain of living far away from home and rising every time I fell, I arrived at my latest achievement – the Best Student award.
I saw hope on my reflection in the shimmering trophy, and now, it grieves me to find that I have nowhere to go. Besides, another non-bumiputra friend – the Best Student from another MRSM, having achieved a CGPA of 4.0 in three semesters out of four – and who is outspoken and active in co-curricular activities, was also denied by the PSD, IPTA, Petronas etc.
It kills me when my friends came to seek my opinion on whether to go for IPTA, matriculation or Mara (they have multiple choices). Being non-bumiputras, we are not entitled to any Mara-related scholarship. Yet, the PSD still has a quota (only 20%) for non-bumiputras, which is not commensurate with the ratio of the Malaysian population.
Out of 2000 PSD scholarships, only roughly 400 is for non-bumiputras. Please bear in mind that Mara offers various other scholarships, with many benefiting through the SPC (skim pelajar cemerlang) programme that uses trial exam results – which only bumiputras are entitled to – and others through SPM result. All Malaysians are the backbone of this land, so why distinguish bumiputras from non-bumiputras?
My faith diminishes with time.
I don’t understand why after the years at MRSM, and being financially needy, active in co-curricular activities and excelling academically, I still need to seek clarification on why I am still lacking. I have seen people with combined household incomes of RM15,000 getting scholarships. This only makes the rich richer, while the poor stumble at the financial barrier.
MRSM makes no difference for the non-bumiputra. Will I ever see a colour-blind society in my lifetime? Please don’t punish me because of my skin colour, this is where I live and this is where my loyalties lie.
Tan Jun Yen
Ampang
……………………
And the following are comments taken from this blog:
http://malaysianpolitics.com/
It was heartbroken to hear and see so many talented Malaysians left the country for their future: singers, scholars, entrepreneurs and many more.
Every year, a lot of brilliant students are deprived a chance to obtain a scholarship to study overseas. Again, a lot of students could not pursue the course that they like in universities. Students who eagerly want to study are not given a chance; students who merely scraped through the exams are offered scholarships, competitive courses in universities, etc. Has our beloved Malaysia gone haywire?
Once, my friend sighed to me, a country that he has sang “tanah tumpahnya darahku…” for so many years did not offer him the course which he liked. On the other hand, a country which has no kinship with him offered him a course that he chose, together with a full scholarship and yearly allowance. So, tell me, what is happening?
Instead of always looking for external faults, why not change the perspective? Look internally instead. What has gone wrong with all the policies? Find out the fundamentals, find out the roots of each problem. Do not just mending issues at the surface or sweep under the mat. Be brave to face it, admit it and appreciate, recognise the talents that are around who are willingly committing for the better future of Malaysia.
– This only shows how ‘low’ the BN government has stooped! *tsk tsk*
True enough, Article 153 of the 1957 Federal Constitution does provide for the special position of Malays, natives of Sabah and Sarawak, and other marginalised groups.
However, what this special position means is open for debate.
Some believe it merely meant socio-economic position, one that changes dynamically and hence can be renegotiated.
Further, pre-independence documents – the Cobbold Commission Report, Federation of Malaya Constitutional Proposals and the Reid Commission Report – reveal that this position was meant to be temporary.
The “special right” of Malays was therefore understood not as a God-given mark, but recognition of socioeconomic status until such a time this could be elevated.
Whether Waytha Moorthy could successfully obtain asylum or deported is a complex question decided at first instance not by any court but by Secretary of State of UK Home Office. The ISA though draconian in sense that it overrides due process of trial is however not dissimilar to other draconian preventive laws enforced in these western countries post 9-11 : so the nice question is whether Malaysian government’s invocation of ISA per se automatically raises presumption that the person politically persecuted (in sense of being subject to discriminatory police & judicial measure) is in real risk of serious harm making him eligible for refugee status under UN Convention or humanitarian protection. That has to be balanced against the disqualifying factors, that is: (1) the applicant for asylum has not committed or participated in a group a serious crime; (2) whether there is a serious reason to consider that the applicant constitutes a danger to the community or security of UK.
The Malaysian government’s case against Waytha Moorthy & rest of HINDRAF’s leaders is that they misrepresented and lied – about genocide in Malaysia and have committed the offence of sedition. Would UK Home Office give Waytha Moorthy benefit of doubt and dismiss Malaysian government’s allegations? The fact that he is party to a group that was responsible to bring a RM trillion frivolous legal suit against British Crown, knowing that it has no legal basis but just to draw international attention to the Malaysian situation, does not exactly help his cause on the issue of credibility. These are some of the vexed problems on this issue of whether he is entitled to political asylum.
“However, he is not, at least in first instance, applying to a court but to the UK Home Office for an administrative/ministerial decision to be granted asylum.” Jeffery QC
You are partly right.
First, if you are applying for asylum make sure the country you are applying is a signatory to the 1951 U.N. Convention and the 1967 U.N. Protocol Relating to the Status of Refugees – Malaysia is not among them which explains the ill-treatment meted by the government of Malaysia to refugees ( a subject for another day).
If Moorthy found out about the revocation of his passport whilst in the U.K. then obviously he has no travel document he could use to travel out of U.K. – unless he also holds an Indian passport (The Malaysian government does not allow its citizens to hold another passport from any other country. Some countries do. Indian nationals are allowed to hold U.K. passports). The natural thing for anyone in his predicament would do at that point is to apply for asylum to the Asylum Office (presumably part of the Home Office). We call this part of the process affirmative application for asylum. If his application is refused or if there are issues which have to be adjudicated it enters into the next stage. The case then goes before an immigration judge – part of the removal proceedings.
During the interview with the asylum officer, he needs to demonstrate that he has a convincing case. Some form filling and some newspaper cuttings from papers in Malaysia would do the job including correspondences if any from Malaysia’s Ministry of Home Affairs including threats to his life if these could be documented. If the asylum officer grants him political asylum, he will be issued with papers authorizing him to stay indefinitely and to work and within a year he should get his permanent resident status and later U.K. citizenship.
The issue you raise i.e. the fact that he is on record recently for having commenced public interest litigation against the U.K. government, is relevant. The other issue is the issue of his reported connection to the LTTE (deemed a terrorist organization by the U.S.). The asylum officer is not a lawyer, legally trained to adjudicate on the issues. He would be too happy to pass it on to the immigration judge to adjudicate on the issues.
When his case goes before the immigration judge as part of the removal proceedings, his case starts all over again. He has to demonstrate to the judge just like he did to the asylum officer, that he is a refugee who has a well-founded fear of persecution if he were to return to Malaysia based on one or more of the five statutory grounds i.e. race, religion, nationality, membership in a particular social group, political opinion. He can take the case pro se or have a lawyer represent him but the burden of proof is on the applicant, and the standard of proof is higher than the civil standard – close to the criminal standard but not quite there.
Then don’t forget he could also rely on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He could try and make a case that the Malaysian government would use the ISA and have him thrown into jail if forced to return to Malaysia where he will be subject to mental torture and other degrading treatment for an indefinite number of years.
In my opinion, he has a good case for both. But he must remember it is discretionary and involves the balancing of equities by the immigration judge. The immigration judge’s decision is subject to appeal.
So there you go, Moorthy! Let me know where I can send you my bill!
Quote undergrad: “If their detention is unlawful under the Act, an application for habeas corpus should have done the trick and freed them – but it did not!”
The court proceedings were on legality of procedural issues, and not the gorunds of their detention. In fact the amendments to the ISA gives the Minister absolute power in that his decision is one that cannot be questioned, in violation of natural justice.
“The court proceedings were on legality of procedural issues, and not the gorunds of their detention.”
The ground for the detention under ISA is for being a “threat to national security” – which could mean almost anything! And they don’t have to reveal the evidence they have if any. These detainees are not even charged! They don’t know what crimes they have been alleged to have committed.
No right to judicial review of the Minister’s decision. Yes.
In violation of the law of natural justice? Sure.
All these are remedies available at common law. But they negotiate around that so to speak by making it statutory when P’ment passed the Act we now know as the Internal Security Act or ISA.
Where is the evidence to claim or charge the Hindraf detainees as terrorist?
Syed Hamid, like all UMNO politicians, are dishonest and are very good in telling lies to the rakyat with a straight face. Your days are numbered!
Hamid never did have a straight face to begin with!
Mr. Waytha Morrthy has clearly refuted the the worm of lies of Hamid. See Malayskini report of 18/5. It is amazing the a senioor cabinet Minsiter can descend to such a disgraceful dishonesty of balatant lies. It now beg the question can the public have any confidence in the veracity of any Ministerial media statements. Lies and more lies. Hamid has no alternative but to resign from his Minsiterial position or be saked by the Abdullah Badawi, failing which the HINDRAF now has well documented proof to discredit the UMNO Minister internationally.
These pack of lies strteches to the very core of the unlawful detention of the H5 on trumped grounds of detention under ISA.
The future of Malaysia managed by liers is doomed to that of Mynmar and Zimbabwe where their currency now worthless.