Posted on by Kit

Abdullah’s threat to use ISA – nadir in 4 years of broken pledges on democracy, human rights, accountability, integrity

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi returned from the Kampala Commonwealth Heads of Government Meeting (CHOGM) and threatened to use the nefarious law, the Internal Security Act (ISA), against peaceful demonstrators — marking a new nadir of the four-year broken pledges by the Abdullah premiership on democracy, human rights, accountability, incorruptibility and preparedness to hear the truth from the people.

Yesterday, Aljazeera reported the controversy in Japan over the Education Ministry’s latest effort to revise school history textbooks on one of the most notorious wartime incidents in Japan, where the Japanese military ordered and sometimes forced the islanders to commit suicide during the US invasion of Okinawa in the closing days of the second world war. There was a peaceful demonstration of more than 100,000 people in Okinawa to protest against the Japanese Education Ministry’s instruction to textbook publishers to edit out all references to the military’s role in the mass suicides.

Abdullah wants Malaysians to have “First-World Infrastructure, First-World Mentality” and not “First-World Infrastructure, Third-World Mentality” and it is time for the government to set the example of such “First-World Mentality” and mindset by accepting the important role of peaceful demonstrations in a first-world developed nation like Japan, United Kingdom, Australia and United States for their citizenry to exercise their democratic rights on freedom of expression and assembly.

What chance and hope of Malaysia becoming a nation with “First-World Mentality” when the government is the worst culprit of having “Third-World” and even “Fourth-World” mindsets, as in threatening to invoke the notorious Internal Security Act?

Many have asked whether mass ISA arrests like the infamous Operation Lalang in 1987, which led to major assaults on the independence and integrity of the judiciary, the emasculation of press freedom and the suppression of a vibrant civil society, is possible under Abdullah’s premiership.

With Abdullah’s threat to use the ISA yesterday, such a scenario now appears more and more likely – and I call on Abdullah to make clear his real stand on democracy, human rights, accountability, incorruptibility and preparedness to hear the truth from the people.

DAP Deputy Secretary-General and MP for Bukit Mertajam, Chong Eng and I were at the Selayang magistrate’s court this morning where some 50 people who had been detained at the Batu Caves Temple on Sunday’s Hindraf demonstration and had been released on bail were waiting to be charged for an illegal assembly.

I met many of them and found that they are mostly respectable and law-abiding Malaysian citizens, business people, technicians, contractors, clerks and even executive and management officers, a group of people who cannot be further from the term “penyangak” used by the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz yesterday.

Referring to the Hindraf demonstration, Nazri said:

“Some 20,000 penyangak (crooks) who participated in the rally would not jeopardise our viewpoint of the entire community.”

I am shocked and saddened by Nazri’s language, condemning the 30,000 decent and respectable people who came from all over the country to peacefully and collectively express their cry of desperation for justice at the long-standing neglect and discrimination of their rights as Malaysian citizens.

Who is a penyangak? Kamus Dewan defines “penyangak” as “pencuri, penjahat”.

Does the MIC President, Datuk Seri Samy Vellu and all MIC members of the administration, whether Deputy Minister, Parliamentary Secretary, MP or Senator, agree with Nazri that the 30,000 people who turned up for the Hindraf demonstration on Sunday are crooks and rogues, and that the Hindraf rally was a “gathering of crooks”?

Nazri should apologise unconditionally for this insult, not only to the 30,000 people at the Hindraf demonstration but also to the entire Indian community and Malaysian nation. Samy Vellu and the entire MIC team in the administration should insist that Nazri withdraw the term and apologise for it without any qualification whatsoever.

80 Replies to “Abdullah’s threat to use ISA – nadir in 4 years of broken pledges on democracy, human rights, accountability, integrity”

  3. YB Lim, I didn’t read the word “penyagak,” as a practise, I don’t read anything Nazri. But I saw AAB’s threat and I thought that was the most stupid thing a PM could say. He flew here and there with his jet telling the whole world what a wonderful country Malaysia is, yet at home, his thinking is not better than a Myanmar Junta Head.

    Is it not better to understand what Hindraf’s complaints are? To my rationale thinking, that should be the first thing. Sometimes I read about people condemnation of AAB and I want to reserve further judgments. But when I read about his threat, all reservations are but gone. He is really what people say he is.

  4. Our government aspires to be a first world entity and is therefore looking into ISA to provide first class accommodation and treatment to lalang in Malaysia. A well tried-out operation in the entire existence of Malaysia/Malaya.

  5. I can bet that he is damned scared of the General Election!!

    It is not going to happen this year or next year.

    We should continue the pressure on him. More walks, rallies and demonstrations.

    The entire BN should be relegated to the position of opposition and it is about time we have a NEW government.

    We should emulate the Aussies. It is time we change the government for good. No more BN.

    Let us give it a try my friend. No More BN.

  6. It is true that some bloggers have called Abdullah sleeping! Mind you, he is still sleeping – not aware of what his threats could possibly snowball into. The rakyat today is unlike the rakyat before – we are better educated, we know our rights and we know how a government should treat the people who feeds them and put them where they are today. If he holds true his threat to bring in the ISA, he is only asking for trouble and the condemnation of the international community. Hasn’t he seen what the powers-that-be in the international arena can do with Myanmar? Myanmar may not have totally backed down but they still feel the pressure. Malaysia is a member of ASEAN and if he were to carry out anything that is close to forceful restriction of natural human rights, I am sure that that our brethren the world over will not sit quiet.

    Like how Nazri (the “brainless” minister) had told the MIC MP to resign for asking valid questions on the pitiful plight of the Indians, we should ask Abdullah Badawi to step down as PM. He is totally incompetent, stubborn as a mule and blind as a bat. GET OUT, ABDULLAH BADAWI, YOU HAVE CHEATED THE RAKYAT INTO GIVING YOU A LANDSLIDE VICTORY THE LAST TIME WITH YOUR LIES!! Not again, for I am sure to be one of those who will strive to vote you out in the next election and I will make sure that my family members shall do the same.

  7. Congratulation to our oozzzzzz pm who has finally wake up. I would advise that the oozzz pm do not threaten the use of the ISA but it should be used immeadiately for the next peaceful rally for the benefits of the people.

    Dear fellow Malaysians,

    Our oozzzz pm has comes to his senses and offer to provide free accomodations complete with free foods and free medications.

    Since our economy is so bad that many are finding it hard to make ends meet, why not take up the offer by our oozzz pm.

    We must all join in the next peaceful rally in order to be elligible. Tell your poor friends, kampong folks, the sick, the handicapped to come out in force to receive this offer.

    Wave a white flag or white piece of cloth and walk into the arms of the fru and police force whereby they will escort you to the five star ISA Hotel where you will be staying for free, free food will be provided and if you are sick they will treat you medically.

    While staying there please pray that they do not discharge you too soon, at least until the country economy is back on track.

    So my call to all fellow Malaysians to come out in full force for the next peaceful rally and let yourself be invited for this once in a lifetime offer. Do not run away, as the fru and police will try their best to disperse you with chemical lace water and teargas to stop you from getting these free accomodation, free foods and free medications.

    50 years is ENOUGH
    Vote For A Change
    Vote For Any Opposition
    Give Them A Chance To Change For A Better Malaysia
    Remember bn Is A Useless Grouping Of Self Serving, Corrupt, Dictator, Power Crazy, Racist, Kris waving, etc, etc type of parties.

  9. As every one knows that he is a no-brainer no leadership material, and we know he is just being led by others; what he had said on ISA in the press after the HINDRAF cae further reinforced the perception of his hopelessness as a leader. It is really a sad day for Malaysians.

  10. ISA ? that’s desperate! This Prime Minister has lost focus and is totally out of control of things around him.

    If he is a gentleman and a Prime Minister for all Malaysians as he claim he is then he should not practise favouritism. The first person to be charged under ISA should be his son-in-law Khairy Jamaluddin for his demonstration without police permit held during the official visit of US Sec of State Condoleeza Rice. Why was KJ and his umnoputras not slapped with any charges? Why the double standard? Malaysians will respect him for being fair he took action on KJ, but he did not.

    Comeon Mr Prime Minister, show some concern for the country’s well-being, have some integrity and self worth. Don’t be an idiot. Don’t just open your mouth because someone nearby whispered and fed you with dungs. Use your brains if you have any and take a good hard look at the rot that’s plaguing this country. You are so out of control and your bunch of monkeys are up to mischief.

    How could you have unnecessarily chose to stay away for weeks visiting countries when things got rough back home? This nation was rocked by mass protest and street rallies because the citizens are not happy with so many things yet you were enjoying life elsewhere?

    Now that you are back home, you start yelling for ISA?!!!!!!!!!!!!!!

  11. Is our current government gone mad? Pack and send to TR!
    People voice is democracy.
    If, Voicing Out = ISA, then BN = Dictatorship.
    They do not know for what they become leader.
    They do not know what was actual agrreement of power sharing in Tanah Melayu 50 years ago.
    They do not know how rapidly neighbouring countries grabbing every oppotunities from this competitive world for their own country’s sake and not for their own race’s sake.
    They do not know how to bring up every weak and poor Malaysians regardless of race and religion to create a better nation.
    They do not know world is laughing loudly on the cheap and cheat kind of goverment statistics.
    They do not know how many good brains leaving countries to serve other countries due to one sided/racist policy.
    They do not know they’re bringing this Swarnabhumi (prosperous earth-given by Indian traders 1000 year ago) to a ‘desert’ land (useless land).
    They do not know they diminishing systematically the unity among good Malasyian for tjheir power greediness sake.
    And now they do not know for what and which circumtance the ISA suppose to use.
    Only mad people do not know ‘anything’.
    They’ve gone really MAD!
    Malaysian please save Malaysia.

  12. The only thing this group of goons know is to issue threats for they are bankrupt of ideas as to how to deal with people who want to voice their frustration in being marginalised over long period and they want to do it peacefully as stated by the organisers of this march to the British High Commission.
    The same thing happened to Bersih’s march.It’s just threats, threats and more threats for a peaceful march to the palace to present a petition to the Agong.
    NOW the SLEEPY HEAD is back from KAMPALA and he is talking about slapping the ISA.It’s unbelievable that such threats should be issued because in both the cases the protesters have been peaceful, the aggression comes mainly from the POLICE as is recorded by Al Jazeera and shown throughout the world.Such blatant abuse of power comes from 50 years of unbroken rule.
    This is what I’ll like to remind Sleepy Head:
    It was Thomas Jefferson, I think, who said “The price of freedom is vigilance.”.These words are as valid today as when they were first uttered over 200 years ago, as the natural inclination of government is to extend its own power and control at the expense of freedom and liberty of citizens.Malaysia is a classic example of a government that has accumulated power to such an extent that she can unabashedly flaunt and abuse its powers without any qualms.
    The ‘freedom of expression’ in particular is fundamental to the proper function of democracy.But it is also constantly under threat
    since it gives citizens the right to lawfully speak out and express discontent about the government and its institution.But in the case of Malaysia you are not even given a chance to voice out
    discontent because the freedom of assembly and also the freedom of association are curtailed to such an extent that both these 2 freedoms are denied.It is fast approaching a Gestapo regime where all dissents will be snuffed out.

  14. What do you expect from Bodohwi who always good at making empty promises and Nazri [deleted] who likes to act like he’s above the law? This is what third worlds are made of what, leaders with third world mentality lor. As long the leaders heads are not of first world but of cheaplak microprocessors, Malaysia would definitely stays as a [deleted] country and goes to the dogs (thanks to the running dogs, MCA and MIC)

  17. First Nazri calls citizens including lawyers gathering at Putrajaya to deliver a petition to the PM, “crazy” people.

    Then he calls citizens gathering to deliver a petition to the King calling for clean elections “people with wires loose” in their heads.

    Now he calls marginalised citizens gathering to deliver a petition to the British High Commissioner “penyangak” (crooks or bad people).

    This Minister in Charge of Laws (charge d’affairs only, a junior functionary, has a label for every group peaceful gatherers, especially those that touch the raw nerves of the government. What other labels has he got for future gatherings?

    I wonder what label he will have should UMNO were to hold a similar gathering? Perwira? Nasionalis? Jihadist?

  18. AhPek, are you sure he was in Kampala? That is Uganda, the same place where Idi Amin came from. And Idi Amin, I’ve forgotten what he was famous for. Killing people, right?

    I thought AAB was in Zimbawe, where Robert Mugabe is. Remember what Robert did to all of Joshua Ngkumo’s followers? Joshua was his partner fighting Ian Smith in Rhodesia. When they won, Robert purged all of Joshua followers.

    What I mean, AhPek, whether it was Zimbawe or Ugada, I think the lesson AAB learnt was just beautiful. No opposition.

    (My apology for younger readers who are not familiar with Idi Amin or Ian Smith)

  19. YB

    When one goes into public life, like it or not, your private life will come into scrutiny. Normally in most countries, your private life will determine. how far one can go, in public life…….except in BN’s Malaysia.

    Look at all those loudspeakers on the BN bench. How many of them are clean, yet they yell out about morality + so on.

    For a guy,his age, whom is a PM + suppose to be an exporter of his kind of Islam. For a husband whom publicly confess his undying love for his late wife, Endon. Then turn around, before her body is cold, married his brother in law’s ex wife !!!

    Can anyone, really believe any of his promises?

    After all, ISA + Racial hatred had always been BN’s favourite tools. He must continue the culture lah.

    Why Saudara Lim?…… Been missing your old Hand Out…. in Kamunting…..lately?

  20. Why sani, you envy him eh? – he’s the Prime Minister, the most eligible bachelor in town then.

    Well he still has three more compartments available in his heart, the founder of Islam Hardhari claimed God created it this way.

  23. In fact, oknyua, to further add to what you say about Rhodesia which is Zimbabwe today and for the benefit of younger readers, the country under Ian Smith have beautiful and fertile farmlands which is so well managed by the white owner-farmers that Rhodesia is known as the ‘bread basket’ of Africa.When Robert Mugabe took over he began to have ideas to expropriate the white farmland for his party goons (sound familiar isn’t it) on the pretext that when Zimbabwe was under Britain the whites got the farmland thro unfair means because they were the preferred group. Mugabe even used force to take away the white farmland and there were deaths resulting from the expropriation.Today the blacks with no agricultural science knowledge and modern farm management have turned those farmland into wasteland resulting in turning the once ‘bread basket’ of Africa to being the ‘beggar’ of Africa today.

  26. to add to ahpek, all zimbabwe are millionaires today, salary workers earn at least Z$6 million / month, some Z$24 million / month !Everybody carry big bundles of banknotes, Good life, eh…. Chase away all the white !
    But now Z$ 1 million will NOT even buy you 0.3 gallon of car petrol, 80% unemployment, inflation 9000 %, short of food, water, electricity, fuel, walk 4 km or more to work or to school, queue for hours to buy bread, to withdraw money from bank, rubbish collected once in 2 weeks. Anyone enjoying counting his / her millions dollars in such a country

  28. Look at Mohd Nazri on tv tonight, see the arrogance in him? He’s giving the impression to the rakyat on air that the Prime Minister will do as he says! The more media statement that scumbag makes, more problems will be created and there’ll be no end to it.

    The Prime Minister must find his spinal cord and do something positive to solve the serious problems before more damage is done by his bunch of monkeys.

  29. In addition to what I’ve said about Robert Mugabe, he is a very good friend of our mamak and our mamak when he was PM has invited him to Malaysia at least 3 times everything paid for by Malaysian taxpayers and he even built a big palace for Mugabe in HARERE in Zimbabwe as his official residence on Malaysian taxpayers’ account!!! Can you beat that, we built a palace for MUgabe!

  30. Actually i hav been waiting for BDW’s ISA. Finally its out. No surprise. He is cornered including his zoo where he kept all his monkeys. That Nazi, oopps i mean nazri. He is really showing his monkey brain. They are all desperate now. Salute to you all who march out in full force. And those stupid police, why are there so many of them? But why we hardly see them around to prevent crime? Makan tidur or what? Maybe this spraying water canon and shooting tear gas is easier.

  33. Mahatir used ISA in 1987 when he was the weakest. So don’t expect any different from a less intelligent PM, Pak Lah.

    Nazri is a fool, better to ignore him. KJ spoke so much better than Nazri on AJ. and Nazri is the lawyer…what a waste of education…too arrogant like that la and too much of oneself.

  37. Abdullah’s threat to use ISA will not frighten anybody. To even think about resorting to the ISA is extreme retrogression to Fourth World attitude. In other words, it is out of this world.

    Instead he should take the initiative to effect immediate decriminalization of peaceful demonstrations without Police Permit for the good of the country. Restore the people’s constitutional right to peaceful assembly without arms. Change Police Permit to Police Protection Permit for the purpose of protecting demonstrators against anti-demonstrators to maintain the peace.

    You see, if it is illegal to hold demonstrations without police permit, you need to follow up with setting up roadblocks, fire tear gas canisters at and spray peace-loving people with chemically laced water, arrest them, charge them in court, thereby causing massive traffic jams and draining the resources of law enforcement and the judiciary, with ugly scenes of police brutality flashing across the world to boot. All the above immense efforts are to no avail.

    If it is legal to hold demonstrations without police permit, there is no need to carry out any of the above tasks, except to maintain the peace in protecting and leading the demonstrators to their destinations. Let them just exercise their birthright — not to mention constitutional right — to air their grievances, and everything will be over in perhaps within one to three hours. Nice and clean. Images of a civilized nation.

    I maintain the view that it should NOT be considered illegal to hold demonstrations without police permit basing on my inalienable constitutional rights, Section 27 of the Police Act notwithstanding. I stand my ground and have already stated so in another thread.

    You know what. I have just googled the internet a while ago and discovered to my surprise that I am not alone in my stated view. Please see pertinent excerpts reproduce below:

    START:
    [1] … SUHAKAM…was also of the view that the requirement for a license by Section 27 of the Police Act 1967… effectively negates the right to the freedom of assembly enshrined in the Article 10 of the Constitution.

    SUHAKAM would like to stress that in order to prevent untoward incidents from occurring, several previous recommendations made by SUHAKAM should be implemented;
    1. Decriminalizing peaceful assembly without a license under section 27 of the Police Act 1967 and as such peaceful assemblies should be allowed to proceed without a license.
    2. The repeal of subsections (2), (2A) TO (2D), (4), (4A), (5), (5A) to (5C), (7) and (8) of section 27A of the Police Act 1967, thereby removing the need to apply for a license to hold a peaceful assembly.
    3. Persons intending to organize a peaceful assembly or a peaceful procession shall notify in writing to the OCPD of the proposed assembly or procession. The police and civil society should co-operate to work out details with regard to suitable time frame for the notification and the contents of the notice. Meetings between the organizers of the proposed assembly and relevant police officers so as to confirm the practical arrangements for the assembly or procession.
    4. Any person whose rights may be affected by the assembly or any arrangement relating to the assembly should be allowed to make an urgent application to the High Court for intervention.

    ————————————————————

    [2] Press Statement: Suhakam’s concern over the police summoning Bar Council officials. Thursday, 11 October 2007, 07:02pm

    3. SUHAKAM further states that section 27(2) Police Act 1967 which gives the OCPD discretion to approve the application for a licence to convene an assembly is unjustified and against human rights principles. The Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police in its report has also expressed its concern with regard to section 27 of the Police Act 1967 and has stated that section might be challenged as unconstitutional.

    ————————————————————–

    [3] 26/11: Respect and implement the Royal Commissions recommendations on policing immediately
    AMNESTY INTERNATIONAL MALAYSIA PRESS STATEMENT

    The right to assembly is a fundamental inherent right of all persons as provided in the Universal Declaration of Human Rights and the Federal Constitution. In 2005, the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in recognition of this right proposed an amendment to section 27 of the Police Act 1967 that impose the requirement of permit and the absolute discretion on the police to grant approval to public assemblies. This important recommendation was also echoed by the Report of SUHAKAM Public Inquiry into the Incident at KLCC on 28 May 2006. We regret that this recommendation is yet to be implemented by the government and public assemblies continued to be clamped down with excessive force as witnessed on November the 10th and 25th.

    ————————————————————–

    [4] MALAYSIA: Implement the Royal Police Commission’s recomendations
    Thursday, 31 May 2007
    Human Rights & Policing Action: Human Rights & Policing Action: Implement the Recommendations of the Royal Police Commission
    Among the key recommendations were:
    …
    …
    • Amend section 27 of the Police Act 1967 which emphasis the need to have a police permit to organise gatherings.

    ————————————————————–

    [5] Suara Rakyat Malaysia 28.11.2007

    Siva said Suhakam would also be raising its long held position that Section 27 of the Police Act 1997 be amended to allow peaceful assemblies to be held without permits or licences, during the meeting with Musa.
    END:

    If Abdullah and the ruling party pay no heed to implement the above recommendations or continue to drag their feet, and wantonly impose the ISA, they may wake up one day to realize that they have already lost the golden opportunity to do so because somebody else or the opposition may already have replaced them.

    Hello, Colonel, I am not stupid or moronic after all. If you maintain your stand, you would offend lots of other people who share my views as above. I may perhaps be ahead of my time.

  40. and EARNEST, the Colonel is right.

    We can appreciate where you are going but the fact is until Article 10 regarding the freedom of assembly which is heavily qualified, is amended, Sec. 27 and other relevant sections of the Police Act including other repressive legislation like the ISA etc will remain law. We will have to comply. We do not have to of course in which case what you do will then be illegal and unlawful – meaning you can be arrested.

    HINDRAF demonstrators and their organizers ignored the law and they can be prosecuted.

  41. Yes, the protesters can be prosecuted, but will they ? The very act of civil disobedience is that we must be prepared to go to jail for our beliefs. With our incompetent prosecution, I am sure they will botch up their case anyway – lack of evidence, inability to translate, mistaken identities, you name it, they will have it.

    With appeals, how many years will it take for the cases to be closed ? We start with 200 Indians, and at the next rally, there will be thousands of multi-racial protestors to be charged. Nah, they know that they don’t have the resources or the competence to charge en masse, so should continue to protest en masse.

  42. ….//….SUHAKAM…was also of the view that the requirement for a license by Section 27 of the Police Act 1967… effectively negates the right to the freedom of assembly enshrined in the Article 10 of the Constitution..//….

    The expression “negate” means to neutralize, neutralise & nullify.

    There is no dispute here that Section 27 of the Police Act 1967 negates the right to the freedom of assembly enshrined in the Article 10 of the Constitution.

    The question is not whether it negates Article 10.

    The question is whether assuming that Section 27 of the Police Act 1967 negates Article 10, whether the Constitution permits such negation.

    Article 10(2) of the Constitution specifically allows such negation when it says “Parliament MAY BY LAW impose [on the right of assembly] such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order. The Police Act 1967 is such a law.

    The Constitution will be conflicted only if the Police Act was enacted without Article 10(2) in place. Only in such a situation can it be said that the Police Act conflicts with the Constitution and since the latter is supreme law, the Police Act enacted will be struck down as invalid.

    The truth of the above is obvious when Suhakam recommended to the government to amend with effect “decriminalizing peaceful assembly without a license under section 27 of the Police Act 1967”.

    It must invariably be asked – why recommend decriminalizing section 27 of the Police Act 1967 when the whole Police Act could be struck out as invalid for contravening the Constitution if indeed the earlier first assertion was true that it conflicted with the Constitution in manner not otherwise permitted by the Constitution?

    It is true that the “ Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police in its report has also expressed its concern with regard to section 27 of the Police Act 1967 and has stated that section might be challenged as unconstitutional”.

    Anything or any law might be challenged especially by those who know not sufficient or have a misplaced notion of it – it does not mean that the challenge will be successful.

    If the law is on the side of demonstrators, the Police Act would have been challenged successfully long before Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police made its report. This is because there are many cases of unlawful assembly way before that Report.

    On Amnesty International Malaysia Press Statement that the right to assembly is a fundamental inherent right of all persons as provided in the Universal Declaration of Human Rights, Malaysia has not, in spite of repeated calls by human rights activists ratified Universal Declaration of Human Rights especially the parts on he International Covenant on Civil and Political Rights, (ICCPR) The International Covenant on Economic, Social, and Cultural Rights (ICESCR) and The Convention Against Torture.

    If Malaysia did ratify how could the NEP and ISA stand?

    On the last part “if you maintain your stand, you would offend lots of other people who share my views as above. I may perhaps be ahead of my time…” it is good for anyone to be ahead of time but no one who maintains his stand should be afraid he would offend lots of other people who share different views when these people obviously do not respect others having a different view for which they get offended. This is also violation of human right (small scale) to bring pressure of offence to bear on those who stand their ground based not just on belief but the logic of what is the case.

  43. What can we do now for those caught and soon to be charged in court? WIth the legal system under the PM’s pocket, I dont see how they can run away from this sentence as they needed this as a lesson for those who are thinking of future demos / rallies.

    Pity those guys.

  44. Unlawful assembly is a bailable offence, so we can always post bail while appealing to a higher court. Note that bail amounts are generally low for such cases. Tie up the courts with thousands of such cases.

  45. “Unlawful assembly is a bailable offence, so we can always post bail while appealing to a higher court. ” Godfather

    They will have to be tried first before they can appeal. If found they can be fined or jailed or both. What does our Penal Code say? Jeffrey QC can answer that for us!

  46. Most of the Indian youths who took part in the Hindraf Rally are from the poor minority group that are being discriminated against in terms of education, job and biz opportunities and for decades, the BN/MIC government has failed to look into their interest.

    Is Prime Minister challenging the rakyat once more? I don’t think they are fearful of his threat and are all prepared to go to jail; at least they are guaranteed 3 solid meals to heal hunger pangs! Are plans in place to build and house several more thousands of Malaysians of all races, in the next few weeks?

    Samy Velu, are you there?

  47. “With our incompetent prosecution, I am sure they will botch up their case anyway – lack of evidence, inability to translate, mistaken identities, you name it, they will have it.” Godfather

    Don’t forget there were police photographers on the scene!

  48. Absolutely. Plead not guilty, go for trial. Watch the prosecution present their case. We’d have a good laugh. Maybe the prosecution can outdo themselves as compared to what is happening at the Altantuya trial.

  54. We can all scream and shout and pull our hair out (for those who still have them) and stomp until the cows come home but it’s not gonna work unless Article 10 of the Federal Constitution is amended. The cows are never gonna come home! — undegrad2

    Correction:
    There is nothing wrong with Article 10 of the Federal Constitution. There is something wrong with Section 27 of the Police Act.

  55. EARNEST,

    If you were a student of constitutional law, like Jeffrey is, you’d know that many of the Articles especially those pertaining to our ‘fundamental liberties’ are heavily qualified. Article 10 is just one of many. You gotta read the entire Article 10 – and not just sub-clause 1 of the Article. I don’t have a copy of the Constitution with me right now.

  56. Undegrad2,

    You need to have greater courage and a stronger sense of conviction in effecting changes for the better. You must be prepared to suffer to a certain extent. You may need to be prepared to die for your cause. Try to emulate Godfather and historical revolutionaries.

  57. It has nothing to do with courage.

    I’m just giving my opinion on the law and your comment that Sec 27 of the Police is null and void because it contravenes the supreme law of our land which is the Federal Constitution of 1957.

    I agree with you that in the event of a conflict between subsidiary legislation and the Federal Constitution of 1957 which is the supreme law of the land, then the latter prevails – and the former to the extent that it is in conflict, would not only be voidable but void.

  59. “You may need to be prepared to die for your cause. Try to emulate Godfather and historical revolutionaries.” EARNEST

    What good is a dead terrorist?

    Godfather is buy terrorizing posters with his preoccupation with playing ball and refusing to go to sleep.

  61. Just google…

    Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to …..freedom of assembly… Unlike comparable provisions in constitutional law such as the First Amendment to the United States Constitution, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.

    • (b) all citizens have the right to assemble peaceably and
    without arms;

    [ • Parliament may by law impose —
    • (b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order; ] This part may be deleted soon. Read above.

    That is all to it, regarding qualifications.

  63. Compare Articles in our Federal Constitution relating to ‘fundamental liberties” to the ambit of the First Amendment of the U.S> Constitution which reads

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

  64. Look no further than Wikipedia on the subject

    “Article 10 is a key provision of Part II of the Constitution, and has been regarded as “of paramount importance” by the judicial community in Malaysia. However, it has been argued that the rights of Part II, in particular Article 10, “have been so heavily qualified by other parts of the Constitution, for example, Part XI in relation to special and emergency powers, and the permanent state of emergency that has existed since 1969, that much of [the Constitution’s] high principles are lost.”[5]”

  65. Legislation like the Sedition Act, Printing Presses Act, Police Act, Internal Security Act etc are good law. They are not null and void for having contravened provisions within our Federal Constitution of 1957.

    If the Sedition Act , for example, is null and void ultra vires the Constitution YB Kit’s counsel would have filed for the writ of habeas corpus in the mid 80s – since his detention under a law which contravenes the Constitution is null and void.

    Hope that clarifies.

  70. Undergrad2,
    regarding your post of November 29th, 2007 at 03: 06.00 above –

    “Do you think the Constitution is supreme or Parliament?”

    At this point in time, the fact that the Constitution had been amended at least 600 times over the last 50 years is testament to the validity of your question. It is well known that constitutional scholars had said “there is no doubt the spirit of the original document has been diluted and… the current Constitution bears only a superficial resemblance to its original model”.

    Are there any other Commonwealth countries, deriving their Constitutions from the wisdom of constitutional experts of the entire British Commonwealth, that have faced a similar necessity to make such numerous amendments? I wonder!

    Possibly as a result of Article 159 and various other ‘open’ Articles , numerous draconian Acts have come to existence thanks to the long line of BN administrations who, having enjoyed successive 2/3 majority, were either opportunistic or sufficiently brazen to ram the amendments through Parliament.

    Are there still anymore ‘check and balance’ mechanisms in the Constitution left ‘untweaked’?

    If there aren’t anymore and at the rate events are unfolding, with AAB now in between a rock and a hard place and threatening to use what many bloggers have described as ‘unthinkable’, we may well witness the last vestiges of whatever liberties initially guaranteed in the 1957 Constitution coming to its undeserved and premature best before date. In which case then, we the wary (and I mean only the wary) rakyat will be in between a rock and a hard place (seems to be a popular catch-phrase now, yeah?). Sadly then, your question may no longer be a question….

  71. It seems, UMNO (U Must Not Object) government are getting more and more arrogant. Even Samy also scared of them. Ka Ting? Where is Ka Ting? Ha? Ha? Now AAB want to use ISA to silence those who Object! See? U Must Not Object!

    Ministers are telling news overseas like BBC, CNN and Al Jazzera that malaysia is a democratic country! That government allow people to voice out their views… AAB, ZAM, Syed Hamid all said that when interviewed. I just wonder if they have brain? Logically, they have. But never did they use it!

    Like Digi’s motto : :Time To Change. Opposition=Always the smarter choice.

  72. “It is well known that constitutional scholars had said “there is no doubt the spirit of the original document has been diluted and… the current Constitution bears only a superficial resemblance to its original model”. ALtPJK

    The current Federal Constitution 1957 is a ghost of its former self. Even the spirit has left it.

  73. Undergrad2,

    It is my conviction that among other reasons a law exists because it helps society to function more smoothly. Laws are made for people and not the other way round.

    Section 27 of the Police Act requiring police permit in order for a rally to be considered legal originated from the May13 incident, which according to declassified information from London was a coup against Tunku’s aristocracy by Malay capitalists. It was a a “short term expediency” which contributed to our “long term misery” — borrowed from limkamput. Now, 38 years later, we keenly feel that it has not helped society to function more smoothly. Therefore it is my conviction that there is no reason for its existence, even if my argument that since it contravenes the constitution, it is null and void may appear unsound to some of you.

    By the way, my argument is strictly confined to the purpose of the police permit under section 27 — and should not be extrapolated to include the whole police Act, Sedition Act, Printing Presses Act, Internal Security Act — as to why I am not worried about whether a rally is legal or otherwise if police permit is not granted arbitrarily. Police arrests and court sentences do not change my conviction. We must dare to defend our constitutional rights.

  74. hahahaha…look whos calling who a crook…damn…nazri ur just a big fart in UMNO…and probably one of the biggest and dumbest crook among others.i wonder whn this idiot will ever say the right things.just the kind of dumbass minister we need in this government.

  75. p/s: our dear mr PM…if ur talking abt 1st world mentality to us malaysians…we suggest u take a good look at ur son in law 1st b4 u talk abt “mentality” just to save ur “muka” or maybe u dun knw wats the difference whn one acts worse than a monkey.

  76. EARNEST can help with the dictionary definition and should sit on the panel. — Undergrad2

    If I were to sit on the RCI panel, I would engage the services of some of you, including Cambridge brat, Jeffrey, limkamput, undergrad2, DarkHorse, Godfather, etc., etc.

    Besides helping with dictionary definition, we will include entrenching our rights to a fair trial as the most important term of reference.

    Contrary to what you think, there are such things as biased judges, compromised judges and corrupted judges. Judges are not above criticisms, as postulated by Lord Rusell as follows:

    – the judgment of Lord Russell of Killowen, CJ in the Queen v. Gray [1900] 2 QB 36, 40 as follows:
    “Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act as contrary to law or the public good, no Court could or would treat that as contempt of Court.”

    As proof, read below a stinging remark by a Federal Court Judge against a biased High Court Judge who did not bother to base his judgment on evidence:

    START:

    John Lee vs Henry Wong [1980] Part 3 Case 11 [FCM], p. 119, MT Chang FJ held:

    26. The learned trial judge on the evidence before him came to the conclusion that John Lee “recklessly (and) without an honest belief in the truth, with the intention of insulting the Plaintiff and in publishing those Words, was actuated by malice.” With respect, the learned trial judge had not referred to the evidence. Otherwise, he could have only come to an opposite finding that not only had John Lee an honest belief in the truth of what he said, he also had the evidence before him for it. And he had also used words that in the context could only be regarded as more temperate than the action of the respondent deserved.

    END:

    If the RCI include “Entrenching our rights to a fair trial” in the light of the above possibility as a term of reference, hopefully recommendations could be made to prevent the above history from repeating itself, otherwise the above scenario will go on, and on. You, your relatives or your friends may be the next victims.

    Your written submissions do not include any documentary evidence included in your affidavits filed in court. If a biased judge does not bother to look at your evidence and merely bases his/her judgment on your oral and written submissions, the above scenario may happen.

    Do not assume that there is no rot in the judiciary, and take for granted that you will be given a fair trial, at the session court or high court level. Usually, the Appeal courts and Federal Courts are fairer for obvious reasons. But, do not be too optimistic about the final outcome. If the lower court judges refuse to give you their written grounds for judgment, you could be waiting until you die for the appeal process. Your documents filed in court can go missing and can be tampered by unknown persons paid by your opponents. This had been highlighted in the NST on 27.3.2007. This may happen to you if your opponents in court have connections and/or are rich and powerful.

    Some judges do not give a damn to Article 7 and 10 of the Universal Declaration of Human Rights 1948, as follows:

    Article 7 of the Universal Declaration of Human Rights 1948 provides:
    “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”
    Article 10 of the Universal Declaration of Human Rights 1948 provides:
    “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him.”

  78. Earnest!

    You don’t know what you’re talking about – maybe age is finally catching up! Are you surfing the net from an old folks home?? They really ought to consider putting some controls like blocking access to the old and mentally disabled.

  80. Godamn Singh,

    Be serious. The integrity of the judiciary is a very important and urgent matter.

    Please grow up quickly, and help us restore the integrity of our judiciary. Stop the rot in the judiciary, if not for yourself, at least for our children’s sake.

    Do not oppose for the sake of opposing me. Okay, I withdraw what I said earlier that you could be a 10 year old kid. I am sorry if I have offended you.

    BTW, how old are you? I am curious because sometimes you appeared to be 10 years-old, sometimes 50 years-old, basing on what you wrote.

Leave a Reply