All Older Malaysians are much to be accountable of what Malaysia is in today... Tolerances had been abused, and patience had been taken for granted... We are now what we had been-----By doing nothing Right then, that is how we had ended up to what is Today!!
If we choose to remain as what we had done, then we will expect nothing more than what we already had today!!
Malay, Chinese and Indian are all Malaysian brothers and sisters. But BN has screwed Malaysians and Malaysia up.
Malay 1st…. Malaysian 2nd
When a Malay, Chinese and Indian, all Malaysians, apply for:-
1) Scholarships, Malays will get it first irrespective of bright Malaysians
2) Entry to the local universities and best courses such medicine, dentistry, law, Malays will get it first irrespective of quality. Residential hostels, Matriculation courses, MARA Uni , Malays will get 90% to 100%. (By the way, matriculation exams are internally set by own lecturers - about thousands of straight A’s students in Matriculation compared to the straight A’s STPM which are few. This is “Malay meritocracy vs Malaysian meritocracy”!
3) Social Welfare, Malays will get it first irrespective of how poor the Malaysian rakyat is
4) Business Contracts, Malays will get it first irrespective of who can offer the best value, quality and unblemished track record. Even when blacklisted, Malay associations have the right to complain because the rakyat owes them a living.
5) Sharing of wealth and equity, IPOs, ASB, Malays will get it first. Even with ASB for Malays give higher returns and principal guaranteed capped at RM200K instead of other bonds for Malaysians with lower yield capped at RM50K. This will be ongoing. WhyMalays cannot reach 30% equities? Statistics are manipulated so that valuation of shares are based on par value (Imagine valuing CIMB, Maybank, Sime darby etc at par value of RM1.00 instead of market value of RM12 etc. Malaysians must accept these assumptions or make sure this is hidden or else priviledges are gone..!! )
6) Low cost houses, lands, houses even bungalows , Malays will get it first because they are the supreme race and the rest of Malaysians are immigrants. Quotas for Malays are 30% to 50% with steep discounts to be subsidized by the rest of the Malaysians.
7) Important Senior management jobs, CEO positions in government linked companies, Malays will get it first irrespective of the best qualified and most capable Malaysian candidates.
8) Government linked positions, civil positions , nurses and teachers training, Malay will get first irrespective whether they are qualified
9 ) Religious land for worship or terms of God , Malays own it and the rest must obey.
10) Demonstrations, freedom of expressions, racial blurs, Malays can have their say, others under ISA …
Now you know why it is Malay 1st, Malaysian 2nd Education, welfare, economic, business policies are to benefit Malay first then Malaysian 2nd. The rest of the rakyat, who works hard, contribute to nation building will continue to be Malaysians 2nd.. '
So it is not so difficult to understand if a Malay Indonesian Badminton player is paying against a Chinese or Indian Malaysian, those who subscribe Malay 1st, Malaysians 2nd will cheer for the Malay badminton player.
When there is a citizenship application of a Malay Indonesian and a qualified non Malay, the Malay Indonesian will get it irrespective of merits.
That is why we have Malay is 1st class other Malaysians 2nd class.This is the only country that has racism and special rights enshrined in the constitutions because Malay is supreme.
So if you have the opportunity to migrate to be treated fairly and justly,why stay? Malaysians 2nd means you will always be an immigrant. Why become an immigrant with 2nd class rights when other countries are willing to give you the same rights.
1Malaysia to appease Malaysians 2nd class hope until the elections…
Wise UP Malaysians! Vote wisely.
KHOO KAY PENG IS RIGHT. HOW CAN NAJIB WALK HIS TALK??? TIME IS ALSO RUNNING OUT!
1 . NAJIB CANNOT EVEN DIFFERENTIATE BETWEEN THE 1MALAYSIA CONCEPT & THE RACIAL POLITICS CURRENTLY PRACTISED BY THE MANY MALAY POLITICIAN IN UNMO.
2 . IN THIS CASE WHERE IS THE FUTURE OF 1MALAYSIA??? IN OTHER WORD, IT IS ONLY NAJIB'S SLOGAN & WE CANNOT SEE HOW IT WILL WORK FOR ALL MALAYSIAN IRRESPECTIVE OF RACE!!
3. 1MALAYSIA CONCEPT WILL NEVER WORK IF HE CANNOT STOP THESE MALAY POLITICIANS FROM TRYING TO CHAMPION MALAY SUPREMACY OVER OTHER RACES IN THE COUNTRY!
PLEASE THIS MESSAGE TO AS MANY MALAYSIAN AS POSSIBLE SO AS TO ENABLE THEM TO ASSESS THE 1MALAYSIA SLOGAN ADVOCATED BY NAJIB....... ..... .... ......... .......
Khoo Kay Peng speaks out.. Can Najib Walk his Talk?
So far, the judgment is NO. Again the saying pertaining to this, Your actions is so loud (not walking your talk) that I cannot hear what you are saying (all your speeches are for nothing) NEM, NEP, Perkasa & Malay First, Malaysian Second: Time is Running Out for PM Najib
PM Najib is forced to go back to the Barisan old script when he was asked to react on his deputy's statement that he was "Malay 1st, Malaysian 2nd". Najib defended his deputy, "Being a Malay doesn't mean that you are against 1Malaysia or you don't think like a Malaysian." "Similarly, if you are a Malaysian Chinese, it doesn't mean that you don't think like a Malaysian or subscribe to the concept of 1Malaysia," he said.
Najib's knee-jerk reaction on Muhyiddin's statement unmasks his own understanding about nation building and the 1Malaysia concept.
The lack of national affinity and shared destiny is the main obstacle for 1Malaysia. It is sad to note that the 1Malaysia founder himself does not share the vision of nationhood and citizenship. If Najib does not trust his own nation building agenda, he should not have misused the name, Malaysia .
1Malaysia is not consistent with Ethnicity 1st, Nationality 2nd.
We cannot blame Muhyiddin for his lack of national identity because nation building was not featured in the Barisan rule over the last 5 decades. Barisan is an antithesis to 1Malaysia and nation building. The most important element in a nation building project is to outlaw racial discrimination. Barisan is the epitome of racism and racially based politics.
Najib cannot remain coy and silent on the demands, attacks and allegations made against the Chinese community, in particularly, by Perkasa.
Interestingly, a politician such as Ibrahim Ali needed racism to resurrect his career. Of course he is enjoying the media limelight at the moment. At the Aljazeera interview, he lambasted "If these people say that they are second-class citizens, don't talk s**t! Don't talk s**t! I repeat three times, don't talk s**t!"
"We, the Malays have forgiven them a lot, we have sacrificed a lot of our interests," he added.
I would like Ibrahim to clarify what interests? It appears that Muhyiddin is now clamouring to ride on Perkasa's wave by declaring that he is "Malay 1st" and "Malaysian 2nd".
Regardless of the publicity stunt and damage control, Najib knows that his defence of Muhyiddin and his statement is going to tear his concept to pieces. His administration is dragging its feet on the NEM details and mechanism. It makes us wonder if there is any meat at all in NEM.
Time is running out for him. Another talk but no walk is going to put him on the same pedestal as Abdullah Badawi.
Najib should state his stand on Perkasa and Ibrahim Ali's disrespect for non-Malay citizens. They (Najib, Muhyiddin and Ibrahim) should remember that their salaries and perks are paid by Malaysians of all races. Not by the Malays only.
SAY NO TO RACISM!
Posted by Khoo Kay Peng .
If you had never voted... for once in your life... VOTE in the 13th GE. This is your last chance to make a change for the sake of your next generation- Now or Never
MCA president Datuk Seri Dr Chua Soi Lek says Malaysians need a New Deal that is fair, democratic, transparent and inclusive to address today’s concerns and it should epitomise the core expectations of the people.
DATUK Seri Dr Chua Soi Lek has outlined a wide-ranging “New Deal” for Malaysians that include abolishing obsolete laws, relaxing the hold on the media, democratising the economy and liberalising the education system.
The MCA president urged Prime Minister Datuk Seri Najib Tun Razak, who was at the 58th MCA general assembly over the weekend when Dr Chua called for the reforms, to “take a giant leap forward” and offer the deal to all Malaysians.
“It should not allow the baggage of the past to be a millstone around the necks of our children and grandchildren,” he said to the applause of the delegates.
“Malaysians need a New Deal that is fair, democratic, transparent and inclusive of all Malaysians to address today’s concerns.
“It should epitomise the very core expectations of the people,” he added.
While proposing that outdated and irrelevant laws be repealed, he also proposed permission for public protests at designated places with a transparent police permit application system.
On the all-important economic front, he said cronyism and nepotism when awarding projects should be abolished and affirmative action based on needs and merits be extended to any group that is poor.
On education, the New Deal hopes that mother tongue languages would eventually be made compulsory in all national schools.
On calls for English to be made compulsory, Dr Chua said it is time the Government set a time frame to achieve this.
He also proposed a one-off cash payment to poor Malaysian households to help them tide over the rising cost of living and a monthly allowance for the affected households – a move that many Malays and Indian households would also welcome.
His New Deal is within grasp and achievable for the younger generation who wants to see the country reform.
Dr Chua is banking on these reforms, in part already promised by Najib, to carry the MCA into the next general election and win the support of Chinese voters, who make up the majority in 46 parliamentary constituencies.
He is, in fact, eyeing the young voters.
The MCA performed dismally in 2008, winning only 15 parliamentary seats.
The DAP has since emerged as the champion of the Chinese community, a position once held by the MCA.
The reforms can help the MCA stand its ground against the DAP’s accusations that it did not fight for the Chinese community and had only kowtow to Umno all these years.
This is not true as cooperation with Umno and the Government had allowed the MCA to achieve a lot for the people over the years.
One example is the fact that 20,000 youngsters graduate annually from UTAR, a college conceived and built by the MCA.
While the Chinese are either sitting on the fence or supporting the DAP, Dr Chua warned that the country would see, not a two-party system, but a two-race system.
He said if the Chinese voters were blind to the realities of politics in the country, they would sit in the Opposition while the Malays form the Government.
Dr Chua said they were off on a tangent, on their own, nursing anger against the Government.
But, he said, the Government has become inclusive and has started political, social and economic reforms that were gradually transforming the country.
His overall message to the assembly delegates is – if they (the Chinese) refuse to see the reform direction the country is taking they would end up the losers.
Dr Chua has promised that if the Chinese voters, for some reasons, don’t give their support to the MCA and if its performance is worse than in 2008, the party will stay out of the Government altogether.
MCA proposes New Deal for Malaysians
Last updated on 3 October 2011 - 08:08am
Pauline Wong newsdesk@thesundaily.com
Prime Minister Datuk Seri Najib Abdul Razak (right) greets MCA President Datuk Seri Dr Chua Soi Lek (3rd, left) after giving his speech at the party's 58th AGM today. At left is MCA deputy president Datuk Seri Liow Tiong Lai. BERNAMA
KUALA LUMPUR (Oct 2, 2011): MCA has proposed a New Deal to snag voters and regain full support for the party, as well as for the Barisan Nasional (BN).
Party president Datuk Seri Chua Soi Lek urged Prime Minister Datuk Seri Najib Razak, who officiated the party's annual general meeting (AGM) today, to embrace this new deal, which will "give every Malaysian, their children, and grandchildren confidence and hope that their future is in Malaysia."
"The world has changed, and Malaysia cannot sit still when the world moves ahead with more progressive policies that do away with ideological dogmatism," said Chua, lauding Najib's push for legislative reform and the repeal of the Internal Security Act, among others.
"Laws, policies, ideologies and beliefs that have outlived their relevance must be changed. If we do not do away with them or adapt to the times, they will act as stumbling blocks that impeded the progress of the country and its people.
In a wide-ranging speech, Chua in his opening address during the party's 58th AGM held at the MCA headquarters here, also reiterated the party's vow that it will not accept any government posts if it does not gain the support of the Chinese community.
"Delegates will pass a resolution that the party will not take up any government posts if the MCA does not fare better than in the 2008 general elections.
"Such a move is to respect the wishes of the voters, and should be construed as such and not as a threat to the voters," Chua said.
Chua had mooted the decision in April, when he announced that the party will refuse to take Cabinet posts if it does not turn the tide of support from the 2008 elections.
"Hopefully this decision will create greater awareness of the need for unity among MCA members, and that the survival and destiny of the party is in their hands," said Chua.
Elaborating on the new deal, the MCA president said it is for a fair, democratic, transparent and inclusive government.
"The government should listen more to concerned Malaysians who are now more vocal and politically conscious than before," said Chua, adding that there should be more channels for peaceful dissent, and that routes and places be designated for protests.
"However, organisers of demonstrations must ensure that it is peaceful with no threat towards human life or property," he said.
Chua also proposed that the government should work towards abolishing the Printing Presses and Publications Act.
"The MCA feels the press should have the liberty to exercise self-control, as there are already other laws such as the Sedition Act and the Official Secrets Act to check on any wrongdoing," he said.
Chua also called for the University and University College Act (UUCA) to be reviewed.
"MCA believes that the UUCA should be amended to allow students to be engaged in political activity to respect their rights as voters," he said.
Chua also touched on the economy, saying it must be made free from the encumbrances of cronyism and nepotism, corruption and unfair business practices.
"The rakyat wants a just society and a fairer business environment that emphasises on meritocracy, inclusiveness and transparency," he said, adding that "doing business should be simpler, minus all the red tape."
However, the new deal should not be seen as an attempt to rewrite the so-called Merdeka contract.
"I know there will be groups who will attack me for even suggesting it. But let us be bold and brave enough to rework it to make it more suitable for the times and to meet the aspirations of all Malaysians," he charged, adding that the government and the party should rise above narrow self-interests.
MCA seeks New Deal
Reports by FOONG PEK YEE, NG SI HOOI, EDMUND NGO, ELWEEN LOKE, FLORENCE A. SAMY, MAZWIN NIK ANIS, RUBEN SARIO, SIRA HABIBU, RAHIMY RAHIM, REGINA LEE and PRIYA KULASAGARAN > Photos by DARRAN TAN, AZHAR MAHFOF, SAM THAM, LOW LAY PHON and CHAN TAK KONG
KUALA LUMPUR: A “New Deal” based on fairness and bravery is needed to give the people confidence and hope that their future is in Malaysia, said Datuk Seri Dr Chua Soi Lek.
The MCA president said the New Deal must embrace everyone as well as erase policies and laws which are unjustified and considered stumbling blocks.
“The time to act is now. The New Deal should give every Malaysian, their children and grandchildren confidence and hope that their future is in Malaysia,” Dr Chua said at the opening of the MCA's 58th annual general assembly at Wisma MCA here yesterday.
Urging Prime Minister Datuk Seri Najib Tun Razak to take the giant leap forward and offer all Malaysians a new deal for the future, Dr Chua said Barisan Nasional should not allow “the baggage of the past to be a millstone around the necks of our children and grandchildren”.
Presidential address: Dr Chua delivering his keynote address at the MCA’s 58th annual general assembly at the party headquarters in Kuala Lumpur yesterday. — CHAN TAK KONG / The Star
“Malaysians need a New Deal that is fair, democratic, transparent and inclusive of all Malaysians to address today's concerns of the young and future generation. It should encompass political, social, economic and educational issues and epitomise the very core expectations and aspirations of the people at large.”
He noted that the aspirations of the younger generation might not be the same as that of the older generation.
He added that the Government and leaders must tailor their policies and programmes to the young.
“They must have faith that their aspirations can be met, and that we (Barisan) will facilitate those aspirations and not be a hindrance to them,” Dr Chua said.
The MCA president said there was a need for Barisan to sit down and work out the New Deal, stressing that such efforts must not be seen as an attempt to completely rewrite the so-called Merdeka social contract.
“I know there will be groups who will attack me for even suggesting it.
“But let us be bold and brave enough to rework it to make it more suitable for the times and meet the aspirations of all Malaysians.”
Dr Chua said the policies formulated immediately after 1969 must change with the times, pointing out that the world had changed.
“The new leadership of the MCA wants the New Deal to also embrace a government that is constructive and which can unite all races.
“We must always pursue the middle path, reaching out to a younger generation who may feel alienated. “We want a nation that is fair, democratic, transparent and inclusive of all Malaysians.”
Dr Chua said the Government should listen more to concerned Malaysians who were now more vocal, active and politically-conscious than before.
“As leaders, we must always be ready to listen. Politicians should never pretend to know everything,” he stressed.
He said a caring government would take care of everyone's needs and expectations, from education and employment to security and law and order, as well as the impact of inflation.
“The Government's duty is to reassure all Malaysians that they have a rightful place in the country. All Malaysians will benefit as the country develops to become a high-income nation by the year 2020. The expanding economic cake should be shared fairly and equitably by all Malaysians.
“Bumiputras should not be jealous of the success of non-bumis, and non-bumis should also not be jealous of the progress of bumiputras. We are 1Malaysia.”
MCA calls for a new deal based on fairness (Update)
By FOONG PEK YEE
KUALA LUMPUR: A new deal based on fairness and bravery needs to be drawn up to give the people confidence and hope that their future is in Malaysia, said MCA president Datuk Seri Dr Chua Soi Lek. "The new deal must embrace everyone and erase policies and laws which are unjustified and considered stumbling blocks," he said.
Prime Minister Datuk Seri Najib Tun Razak acknowledges the standing ovation from delegates at the MCA's 58th annual general meeting.
“The time to act is now. The new deal should give every Malaysian, their children and grandchildren confidence and hope that their future is in Malaysia,” he said at the opening of the MCA's 58th annual general assembly (AGM) at Wisma MCA here .
Urging Prime Minister Datuk Seri Najib Tun Razak to take the giant leap forward and offer all Malaysians a new deal for the future, Dr Chua said Barisan Nasional should not allow “the baggage of the past to be a millstone around the necks of our children and grandchildren”.
“Malaysians need a new deal that is fair, democratic, transparent and inclusive of all Malaysians to address today's concerns of the young and the future generation.
"It should encompass political, social, economic and educational issues and epitomize the very core expectations and aspirations of the people at large.”
In a highly-charged speech Dr Chua said the coalition must rise to the occasion, rise above narrow self-interest and do away with “ideological dogmatism and laws, policies, ideologies and beliefs that have outlived its relevance in today's political landscape.”
Dr Chua and his deputy Datuk Seri Liow Tiong Lai welcome Najib on his arrival for the 58th MCA annual general meeting at Wisma MCA on Sunday
He noted that the aspirations of the younger generation might not be the same like that of the older generation, and that the government and leaders must tailor their policies and programmes to the young.
“They must have faith that their aspirations can be met, and that we (Barisan) will facilitate those aspirations and not be a hindrance to them,” Dr Chua said.
The MCA president said there was a need for Barisan to sit down and work out the New Deal, stressing that such efforts must not be seen as an attempt to completely rewrite the so-called Merdeka social contract.
“I know there will be groups who will attack me for even suggesting it. But let us be bold and brave enough to rework it to make it more suitable for the times and to meet the aspirations of all Malaysians.
“Let us rise above narrow self-interests. The time to act is now.”
Dr Chua said policies formulated immediately after 1969 must change with the times, pointing out that the world had changed.
Dr Chua and his deputy Datuk Seri Liow Tiong Lai welcome Najib on his arrival for the 58th MCA annual general meeting at Wisma MCA on Sunday
“The new leadership of the MCA wants the New Deal to also embrace a government that is constructive and which can unite all races. We must always pursue the middle path, reaching out to a younger generation who may feel alienated.
“We want a nation that is fair, democratic, transparent and inclusive of all Malaysians.”
Dr Chua said the government should listen more to concerned Malaysians who are now more vocal, active and politically conscious than before.
“As leaders, we must always be ready to listen. Politicians should never pretend to know everything,” he stressed.
He said a caring government would take care of everyone's needs and expectations, from education and employment to security and law and order, as well as the impact of inflation.
Dr Chua, who called for more channels for peaceful dissent, also proposed that designated places and designated routes be allowed for protest and that the applications for police permits must be transparent.
On political transformation, Dr Chua said politicians should go beyond the politics of cohesion, threat, race and religion.
He regretted that there were one or two Barisan leaders who were seen as aloof, arrogant and abusive, and their attitude had not gone down well with the rakyat.
Dr Chua, who likened their behaviour to that of “big brothers” or bullies, said their behaviour would only heighten the people's anger and negative perceptions of the Barisan and the government.
The MCA chief also called on Najib to ensure that all frontline civil servants to emulate the police by learning at least two additional languages besides Bahasa Malaysia.
On education, Dr Chua called for a timetable should also be set for the authorities to make English a compulsory pass subject in the SPM examination.
He also called for mother tongue languages to be encouraged at all national schools and should eventually be made compulsory.
“If such initiatives are planned properly with a staggered timeline, they are achievable.”
Touching on the economy, Dr Chua said the award of projects should not be based on a “know-who” basis, and the expanding economic cake should be shared fairly by all Malaysians under the 1Malaysia concept.
He also urged Malaysians not to see each other as competitors but instead team up to compete with the world outside.
On the rising cost of living and many people not being able to make ends meet, Dr Chua proposed the government help them via special one-off monetary relief like cash handouts to the poor, senior citizens, pensioners, and assistance like school books, uniforms and transportation for school-going children.
The government, he added, should also consider some form of monthly allowance for the poor.
Dr Chua also cautioned the people of the Pakatan's practice - talk but don't walk the talk apart from being “consistently inconsistent”.
He reminded the people that the opposition's populist policies might generate the “feel good” factor; but they would neither address their needs nor generate high income or better living standards.
Whether by revocation by the King or annulment by Parliament, all emergency legislations will cease to exist six months after the end of an emergency proclamation.
THE Prime Minister’s surprise announcement that the Emergency will be lifted, that the Internal Security Act will be repealed, and that laws like the Printing Presses and Publications Act will be amended to constitutionalise and humanise them has fired everybody’s imagination, and at the same time raised apprehension among the defenders of the status quo.
One reader asked whether the Prime Minister consulted with, and obtained, the consent of the Cabinet before making these bold pronouncements.
No outsider can answer this accurately, but what can be pointed out is that in parliamentary democracies, prime ministers are known to launch bold initiatives on their own and to present their Cabinets and their countries with a fait accompli.
Clear examples are decisions on premature dissolution of Parliament and budget and foreign policy initiatives.
In 1956, Anthony Eden of Britain got his country embroiled in the disastrous Suez invasion, and informed his Cabinet only after British paratroopers had landed on Egyptian soil.
In a strictly legal way, the prime minister is not bound by the Cabinet; instead the Cabinet is bound by the direction he supplies.
Politics may, of course, encourage a consultative approach but all students of parliamentary government know that the prime minister is the sun around which the Cabinet revolves.
Individual ministers are bound under the doctrine of collective ministerial responsibility to support their prime minister or step down from office.
Another reader asked whether the Prime Minister’s announcement means that the Emergency is already lifted? The answer is in the negative.
The Emergency is proclaimed by the King and either he must revoke his proclamation(s) or the two Houses must by resolution annul the proclamation(s).
If the King (acting on advice) revokes a proclamation, the revocation comes into effect immediately.
However, if the two Houses are to debate and vote on a resolution to annul, that process can be expected to take some weeks or months because the Dewan Negara will probably convene only after the Dewan Rakyat’s lengthy budget session beginning in October.
However, if immediate parliamentary action to annul the 1966, 1969 and 1977 proclamations is thought desirable, the two Houses can meet concurrently to draw to a close the 47-year saga of the existing post-independence Emergency.
Once a proclamation expires, whether by revocation by the King or annulment by Parliament through an Emergency Act of Parliament or a piece of subsidiary legislation under an emergency law, all emergency legislations will cease to exist six months after the proclamation.
If the Emergency ends, does the Internal Security Act (ISA) also cease to exist? The answer is in the negative. The ISA is a law against subversion under Article 149.
It is independent of Article 150 and has a life of its own, no matter what happens to the Emergency.
If the ISA is repealed, will those detained under the ISA have to be released? Undoubtedly, yes.
If the basis of their detention is extinguished, the detention, too, ceases to be valid.
Even if there is a new law under Article 149 to deal with security or terrorism cases, that law cannot be backdated due to the prohibition of Article 7(1).
Of course, the detainees may face new prosecutions under the Penal Code or the new laws. The rule of double jeopardy will not apply.
Will the Government have to pay compensation to all people detained under the ISA, including in previous years?
The answer is “no” because the legality of an act must be judged by the law at the time of the commission of the act and not by what happens afterwards.
How can the ISA be repealed? Does its repeal require the consent of the Conference of Rulers?
Under Article 149, any law against subversion may be passed or repealed by Parliament. A simple majority vote is sufficient. The consent of the Conference of Rulers is not needed.
From what we have heard, the ISA will be replaced by two laws on terrorism and national security. Some cynics are saying that the move is therefore purely cosmetic and political.
The ISA may end but preventive detention may remain. I think we should hold our judgment on this issue till we see the substantive content of the proposed new laws.
I would give anxious consideration to the following issues:
> The concepts of terrorism and national security must be precisely and objectively defined and must not have any catch-all tendencies.
> There should be no exclusion of judicial review so that any abuse or misuse of power can be tested in the courts.
It is acceptable that on matters of security, the political executive must have a strong say without excluding the power of the courts to determine independently whether security was indeed involved or not.
> There must be some safeguards against political detentions.
> The power of the police to detain for purposes of investigation must be drastically reduced from the present 60 days to no more than three weeks.
> The Minister’s power, as at present, to order detention for two years and for such further periods as he deems necessary must be abolished.
Detentions on the orders of the Minister raise the unconscionable issue of accuser, adjudicator and executioner being combined. Some separation of powers and some check and balance is desirable.
Justice must not only be done but must be seen to be done.
> The power to try, to convict and to detain must be committed to a Special Security Court or Anti-Terrorism Court (or by whatever name called).
> Anxious consideration must be given to the composition of this Special Court which must arouse public confidence.
> The executive must accuse, the court must decide.
> Special procedural rules for security trials exist in many countries and must be examined.
Perhaps trials should be held in camera (without the public present).
Whatever the case, there must be fair due process. The accused must know the charge.
No incriminating evidence must be withheld from him and from the judge, as is possible at present.
The accused must be allowed to defend himself fully and fairly.
> The penalties and the maximum period of detention must be prescribed.
> Whether there should be no appeal in “security” and “terrorist” trials is a matter for further consideration.
We have many model legislations from many countries that we can emulate.
Whatever we follow must show fidelity to our own Constitution and to the primary instruments of international law.
> Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.
Keep the momentum up!
Question Time By P. Gunasegaram
The momentous changes proposed by the Prime Minister need to be pushed through with the utmost urgency for greater effect.
THE overwhelming support and acclaim from Malaysians over the proposals by the Prime Minister to repeal the Internal Security Act or ISA and lift all proclamations of emergency show just how unpopular these measures are among Malaysians.
Datuk Seri Najib Tun Razak has read the signals right. But as important as these and other proposals are, the larger agenda is even more significant – to review and if necessary repeal and replace all laws which stand in the way of demo-cracy, legitimate free expression, and human and individual rights.
Two paragraphs from Najib’s speech last Thursday are worth re-quoting: “It is absolutely clear that the steps I just announced are none other than early initiatives of an organised and graceful political transformation. It stands as a crucial and much needed complement to the initiatives of economic transformation and public presentation which the government has outlined and implemented for over two years in the effort to pioneer a modern and progressive nation.
“…the Malaysia that we all dream of and are in the process of creating is a Malaysia that practises a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights.”
Two things are necessary to carry these reforms to its natural conclusion. The first is to keep the momentum generated up and without any delay implement what has been promised. Any delay and back-pedalling to cater to the interests of some sections of the community will have the effect of raising cynicism yet again.
The second is to look into all the other laws which need to be changed to allow Malaysians to exercise all their full rights as enshrined in the Federal Constitution without hindrance.
That means that all those laws that are in direct contradiction to the letter and spirit of the Constitution must go. The sooner they go, the better. There has to be demonstrable urgency over this matter.
Already there are some politicians who are saying that the amendments to make some of the major changes cannot be tabled at the forthcoming Parliament session and will have to be deferred to next year. That will be a wrong start.
The necessary repeals of the relevant legislation can be made and still passed by Parliament this year for implementation next year. By that time, other legislation such as a counter-terrorism Act to still allow detention without trial under special circumstances and under judicial review can be introduced.
That will have the effect of setting a timetable for the implementation of the proposed changes already announced so that no one will doubt that the Government is serious about implementing the promises.
Already, there is talk that some sections within the ruling party and some parts of the police force are opposed to the repeal of the ISA and the Banishment Act. But these people must not be permitted to stop – or even delay – the reform process set into motion by the Prime Minister.
Simultaneous with the rapid implementation of the announced measures is the necessity to do an urgent yet comprehensive review of existing laws to expand the public space and bring forth important issues to be debated maturely and openly – with no threat from any party.
The proposal to remove the yearly licensing requirement for publications including newspapers under the Printing Presses and Publications Act is a relief, but a small one. The Home Ministry still wields disproportionate power and has the right to stop publication at any time without there being any recourse to the courts.
For the full flowering of legitimate expression across the board, it will be necessary to repeal fully this Act. That of course does not mean we are free to publish whatever we want because we will still be subject to provisions of the law for defamation, sedition, secrecy and so on. There is still adequate check and balance.
Another piece of draconian legislation that needs to be reviewed is the Official Secrets Act (OSA). This Act was amended in the eighties to provide for mandatory jail sentence and gave the Government the right to determine what affected national security without review by the courts.
In practical terms, this has prevented many issues of great public interest such as toll agreements to come out into the open. In practical terms, the Government could classify the number of cups of coffee consumed in a departmental canteen as a secret and anyone who reported it could be convicted under the OSA and go to jail for a minimum one year.
New legislation should be worded such that it respects secrecy when it involves issues of national security, not cover up inefficiency, incompetence or breach of trust by the Government. That would help ensure a more accountable government.
One other Act which deserves mention is the University and University Colleges Act that prevents local students from taking part in political activities and being aligned to political parties. This is strange considering that many of our founding fathers were political activists from their student days.
They may be students but they are also adults and as adults should play their full role in society, including taking part in political activities. That is part and parcel of developing their maturity and making them better members of society in future.
There is no doubt many other pieces of legislation need to be reviewed and the task is momentous. However, momentous as it is, the momentum that has been created by the announcement of the proposals must not be lost. We must press on relentlessly.
Momentum is of the utmost importance for change to take place. We need to turn the wheels of transformation faster instead of slowing them down with all manner of unfounded excuses. Malaysia and Malaysians have to move forward and quickly.
> Managing editor P. Gunasegaram believes in the old axiom that change is the only constant.
As a writer, however, I’m most concerned with what will happen to the media. A functioning democracy needs a free and independent press and the PPPA has been a long-term stumbling block to both.
First off, I, along with most Malaysians, want more details. I totally disagree with the need for newspaper licences. The very concept is wrong-headed.
Second, access to and ownership of the media are also critical. We need all sides of the political debate (Barisan and Pakatan) to be given fair and equal coverage.
Malaysians can only make informed decisions about who to vote for if they’re properly informed.
It’s worth bearing in mind that blanket media coverage of BN leaders has been a major turn-off. Whoever thought we needed to watch the PM wishing the country Selamat Hari Raya again and again was wrong. With the media, less is more, especially when you have nothing to say.
The current order also makes BN politicians lazy and high-handed when dealing with journalists and editors. But a freeing up of the media will force BN cadres to change – let’s call it political Darwinism.
The Singapore Government is also experimenting with liberalisation. During its recent general election, Singapore’s ruling PAP allowed its press some latitude in their coverage of the opposition. While the opposition made substantial gains, the ruling party still won because ordinary Singaporeans saw the candidates for what they were and still felt safer with the PAP.
There’s no reason to assume why the same couldn’t happen here, all the more so if the Prime Minister maintains his humility and candour.
At this stage, I must add that I would personally like to see Najib go head-to-head with Datuk Seri Anwar Ibrahim in a live, no holds barred debate during the next polls.
Such a debate would give Malaysians the chance to see who has a better vision for the country. Besides, Umno leaders really need to overcome their pathological fear of Anwar’s supposed superhuman rhetorical skills.
The man is not invincible. Then Information Minister Datuk Seri Ahmad Shabery Cheek faced him back in 2008 and came out of the encounter very creditably.
Umno politicians also have to realise that constant communication and media coverage is the order of the day. Those who are not up to the exposure and pressure should be dropped – Barisan is better off without them. Certainly, if I had my way I’d dump over 80% of the present Cabinet. Most are ill-equipped for present-day challenges.
Also, reporters are stakeholders to be engaged, not hirelings to be ordered about. Treat them with respect and the returns will be considerable. Remember that the media, however tetchy and irritating, is the voice of the people.
At the same time, Malaysia’s mainstream media will now have to up its game. With Najib’s reforms, there’ll no longer be any excuse to not provide the critical news, investigative reporting and analysis that Malaysians crave.
We are tasked to serve the people and not our erstwhile political masters.
Najib has opened the door to a new world. We know most of his Barisan Nasional colleagues are ill-prepared. The tougher question is this: are we – the Malaysian people – ready for what’s to come?
THE relief that greeted the Prime Minister’s announcement that the Internal Security Act (ISA) 1960 and other repressive laws would be abolished was difficult to define for several reasons.
First, nobody expected Datuk Seri Najib Tun Razak to have gone so far in throwing off decades of unjust laws. When it happened, it took time to sink in, after more than a generation of having to endure those laws. Image by KamalSelle via Flickr Second, mention of two new laws to replace the ISA tempered the plaudits from critical observers. Would that mean returning to square one through a bait-and-switch?
Third, those who had banked on the Government retaining the ISA in some revised form were caught unawares. Regardless of their own views of it, they insisted there would be little change, seeking to vindicate themselves and “save face”.
All these have been efforts to adjust to a new national reality post-ISA. A fourth reaction comes from political opportunism: robbed of their thunder, the Opposition tried to diminish the significance of the Government’s move.
To others, however, the state’s abandonment of these repressive laws is both historic and definitive. Of all the Governments that had presided over the ISA through the decades, Prime Minister Najib’s has been the one bold enough to do the decent thing of abolishing it.
It is not because this is possible only now since Malaysia no longer needs the ISA, because the country has not needed it for a long time already. Besides, some close to the seat of power still insist such preventive detention laws are needed.
It is untypical of any government to renounce a sweeping law that gives unparalleled powers to it. Dumping the ISA not only took guts, it showed a rare selflessness that placed actual national interest above perceived (by some) national security interest.
Doubts over the two new laws to replace the ISA may be natural but unwarranted. Both laws would relate to Article 149 of the Federal Constitution, which would shift more responsibility on preventive action from the Cabinet to Parliament, with emphasis on any use of these laws against a “substantial body of persons” rather than isolated individuals.
Malaysian parliamentarians have grown more alienated from the ISA than ever, even before the 2008 general election that made an unprecedented number of Opposition candidates MPs. Also, the aversion to draconian laws among Barisan Nasional MPs is far greater than any pro-ISA sentiment among Pakatan Rakyat MPs.
There is therefore no going back to anything like the ISA now. Any return to the spirit, if not the letter, of the ISA can only backfire badly on the Government and discredit it politically.
Until recently, there was the prospect of merely tweaking the ISA. But it soon dawned that simply twiddling the dials of a bad law would not make it good.
The toughest part of the journey towards abolishing the ISA is over. That was not in Parliament, the Opposition or the public, but in places closer to the Government, including some governmental agencies and NGOs.
Activists tempting ISA arrests may want credit for piling on the pressure until its final annulment. However, the opposite is more likely: raucous activism helped to make the ISA seem useful, even indispensable, while also weakening arguments for its abolition.
The authoritarian mentality sees any threat or challenge to the status quo as grounds for using greater force, not less. And such a mindset has hitherto had its hold on the levers of power such as the ISA.
For now, the case remains to be made as to why the two proposed laws are needed, what they should entail, and how their operation can respect civil liberties. Transparency would help public support for them, or at least mitigate any animosity.
The scheduled abolition of the ISA and other repressive laws has meant raised expectations of a new era of civil liberties. Law enforcement and maintenance of public order would then depend more on informed consent than submission or capitulation.
The implications place the ball in the court of key national institutions: Parliament, the judiciary and the police. They need to respond to signal assent, since they stand to benefit.
Parliament should exercise its lawful prerogatives to the fullest extent the political transformation affords. This begins and ends with every parliamentarian acting in his or her legitimate capacity.
The judiciary should assert its constitutional role by acting vigorously in concert with other major national institutions. It should no longer shy from a judicious activism that serves the national interests.
The police stand to gain the most from this push to enhance investigative norms, focus on criminal intent, seek admissible evidence and develop standard operating procedures instead of relying on non-contestable shortcuts like the ISA. Moving away from easy catch-all measures like ISA arrests and detentions can also improve the work ethic and public image of the force.
This aspect of the political transformation is an assurance that Malaysia’s development is also political and social, not just economic. It enables the country to move ahead of others in the region that may be more developed only economically.
For Malaysia itself, it is a large step towards Vision 2020, most of whose nine development objectives are not economic but political and social. No nation aiming to be fully developed can neglect them.
The small-minded may scoff at the transformation Najib announced on Friday. And only the mean-spirited would refuse to give credit for the new direction.
To say all this is mere election fluff ignores the fact that it is neither fluff nor as shortlived as an election campaign. To insist it is only a political move forgets that dismissing it is just as political.
Besides, if the ISA had been initiated and executed for political reasons, it should not be unnatural for its annulment to be so as well.
Dawn of a new era
ON THE BEAT By WONG CHUN WAI
Najib deserves credit for his move to reform some of the country’s most unpopular laws.
IT was the best gift for Malaysians on a special day. It is also a reminder that the nation has grown up and that we should move forward, leaving our baggage behind.
In a nutshell, the Prime Minister has stepped out of the shadows of his predecessors. It is a major step into the future. Datuk Seri Najib Tun Razak couldn’t have chosen a better day to make the announcement to do away with some of the country’s most unpopular laws.
It surely has not been easy. When bits of news filtered out about his Malaysia Day speech, there were doubts as to how far he would go.
Those who were privy to inner-circle discussions on how the speech would be crafted crossed their fingers and hoped there would be no last minute changes.
After all, as a politician, the Prime Minister has to balance the needs of the conservatives, right wingers and liberals within his party and also the Barisan Nasional coalition.
The PM understands fully how much the world has changed. The global political landscape has been altered drastically and the lessons to learn are that if leaders cannot change, the people will change them. There is plenty to learn from history, some very recent too.
The more conservative in Umno are still grappling with the changes, preferring to hold on to something which they are familiar and comfortable with. They are trying hard to understand where Najib is taking Malaysia to.
The younger ones, while looking apprehensively at the lack of changes in Umno, have tried hard to push, worried that the country’s ruling party could be losing its connection with the Twitter and Facebook generation. It’s not wrong to say that the PM has been watching, listening and feeling it all over the last three years.
On Aug 28, this scribe wrote that Najib’s call for greater democratic space, including doing away with censorship laws and setting up a Parliamentary Select Committee to review electoral laws, was just a prelude to his address on Sept 16.
I wrote that “it is almost certain that he will expand on democratic reforms with an outline of the changes he wants to implement in Malaysia. It won’t be promises but changes that would be set out in black and white.
“The fresh democratic reforms will surprise even his critics, particularly those who are pushing for a greater civil society.
“In short, the new democracy that he wants to see would recognise the calls by Malaysians. It is the Middle Malaysia that he wants to address. He will say that yes, he hears these voices.”
But even this writer was surprised at how far he was prepared to push. I dared not commit myself to put into words that he would repeal the Internal Security Act, but Najib has proven his doubters and critics wrong. He proved that he walked the talk.
As expected, everyone is trying to claim credit for the changes. The Opposition, still reeling from the shock, has said these would not have happened without their pressure and protests.
Then there are the usual cynics.
I think the point is this: It does not matter who is right, but what is right. It does not matter who did it, so long as the right thing gets done. Malaysians cannot be partisan on issues that affect us all.
Najib deserves credit for having the courage to take the bold steps. His New Democracy thrust is certain to continue.
The ISA will be repealed, no one should even doubt it anymore. An Anti-Terrorism Act – specifically for terrorists and not for political opponents, as in Britain and the United States – is likely to take over.
The Police Act would be redefined and possibly the right to assemble, which could be made clearer by designating places, time and how gatherings should be done.
An example to look at is Hong Kong, where night protests are directed to specific roads that would have little impact on businesses. Even then, gatherings are allowed on only one side of the road so that traffic can continue to flow on the other side.
In New York, there is a designated spot not far from the United Nations building for protest gatherings. A spot could be set up not far from the Parliament for similar purposes.
As in football matches in Britain, where police resources are used to safeguard public safety, organisers of protest gatherings in stadiums could be asked to put up deposits for police security and possible damages.
But the Printing Presses and Publications Act is still a thorn on the side for the media. Najib has taken the first step to abolishing this much hated law by allowing a one-off permit without the requirement for annual renewal. The Government must commit itself to a total abolishment, however.
An independent media council to be run by editors will finally be formed after 54 years of independence, and repealing the law would certainly be on the agenda of journalists. After all, no one needs a permit to start a blog or an online news portal, so why impose a permit for print?
The reforms have left a feel-good feeling but the Prime Minister has to follow up with an equally impactful Budget speech. All these reforms are good but they won’t put food on our tables.
Ordinary Malaysians are worried about the rising cost of living and middle income Malaysians are hit the most by monthly tax deductions.
In the rural areas of Sabah and Sarawak, where food and fuel need to be transported into the interior, the costs are even more enormous.
Malaysians want to hear how the Government intends to help them face the economic uncertainties, the spiralling cost of food and how to be confident about the future.
Malaysians are not expecting their Government to adopt a populist approach of promising the sun and the moon, which will bankrupt the nation. But they want the Government to be equally responsible in sharing the burden by cutting out excessive financial waste and leaks.
Najib’s challenge would be to balance the budget in the face of a slowing economy and at the same time appease the people ahead of a general election.
The Budget Speech is on Oct 7. Can Malaysians expect the Big Day to be soon after the PM has announced his economic plans for the country?
Prime Minister Datuk Seri Najib Tun Razak announced on Thursday that several draconian laws including the ISA and the three Emergency proclamations are to be repealed under major civil liberty reforms.
The policy changes are the boldest announced by Najib since he took the helm in April 2009 and are seen as a move to bolster support for his ruling coalition ahead of general elections, which are not due until 2013 but are widely expected next year.
Najib says heading toward a more open democracy is risky but crucial for his government's survival.
Malaysia plans to abolish two unpopular security laws allowing detention without trial and relax other measures curbing the media and the right to free assembly, Prime Minister Najib Razak says.
The policy changes are the boldest announced by Najib since he took the helm in April 2009 and are seen as a move to bolster support for his ruling coalition ahead of general elections, which are not due until 2013 but are widely expected next year.
Najib says heading toward a more open democracy is risky but crucial for his government's survival.
"There may be short-term pain for me politically, but in the long-term the changes I am announcing tonight will ensure a brighter, more prosperous future for all Malaysians," Najib said in a nationally televised speech on Thursday.
Critics who have long accused the government of using the security laws to stifle dissent cautiously welcomed the announcement but said they would have to wait to see what the measures are replaced with before assessing the reforms.
"We see this as a victory of the people in demanding for greater democracy and respect of human rights, but the question is will he walk the talk?" Lim said.
Najib said the colonial-era Internal Security Act and the Emergency Ordinance, which allow indefinite detention without trial, would be abolished and replaced with new anti-terrorism laws that would ensure that fundamental rights of suspects are protected. He pledged that no individuals would be detained for their political ideologies.
Najib said police laws would also be amended to allow freedom of assembly according to international norms.
The government will also do away with the need for annual printing and publishing licenses, giving more freedom to media groups, he said.
"It is time for Malaysians to move forward with new hope," he said. "Let there be no doubt that the Malaysia we are creating is a Malaysia which has a functional and inclusive democracy."
The prime minister's speech was to mark Friday's anniversary of the 1963 union of peninsula Malaysia with Sabah and Sarawak states on Borneo, six years after the country's independence from British rule.
Najib's National Front has been working to regain public support after suffering its worst performance in 2008 polls, when opposition leader Anwar Ibrahim's alliance wrested more than one-third of Parliament's seats amid public allegations of government corruption and racial discrimination.
The National Front's popularity recently took a dip after authorities arrested more than 1600 demonstrators and used tear gas and water cannons against at least 20,000 people who marched for electoral reforms in Kuala Lumpur on July 9.
Syed Ibrahim Syed Noh, who heads the Abolish ISA Movement, asked if the two new laws to be introduced would also provide for detention without trial.
He estimated there are still some 30 people held under the ISA and another 6000 under the Emergency Ordinance, and called for their immediate release.
Najib announces major changes in controversial laws as Malaysia Day gifts
KUALA LUMPUR: Malaysians received a significant Malaysia Day present in the form of greater civil liberties and democratic reforms under sweeping changes announced by Prime Minister Datuk Seri Najib Tun Razak.
Saying that the country is evolving and the people wanted more freedom, Najib outlined the historic announcement in his Malaysia Day eve address that was telecast live on TV.
The changes, he stressed, were to accommodate and realise a mature, modern and functioning democracy; to preserve public order, enhance civil liberty and maintain racial harmony.
All these changes will need to be tabled in Parliament.
Six of the best
>The Internal Security Act (ISA) 1960 will be repealed.
- In its place, two new laws will be enacted to safeguard peace and order the detention period will be reduced and can only be extended by the courts, except in cases involving terrorism.
>Three remaining emergency proclamations to be lifted are: - Emergency 1969, Emergency 1966 (Sarawak) and Emergency 1977 (Kelantan).
>Banishment Act 1959 will also be repealed.
>The annual licence renewal requirement for newspapers and publications will be replaced with a one-off permit by reviewing the Printing Presses and Publications Act 1984.
>Reviewing the Restricted Residence Act 1933.
>Allowing greater freedom to assemble by reviewing Section 27 of the Police Act 1967 by taking into consideration Article 10 of the Federal Constitution which guarantees every citizen with the right to freedom of speech and assembly
A New Dawn beckons
REFLECTING ON THE LAW By Shad Saleem Faruq iwww.thestar.com.my
The Prime Minister’s announcement on a number of changes to the country’s laws, including ending the Emergency, will have massive positive implications.
THE Prime Minister’s speech last night evoked the kind of hope and exhilaration I felt many decades ago on August 28, 1963, when I heard American civil rights leader Martin Luther King, Jr. deliver his “I have a dream” speech at the steps of Lincoln Memorial, Washington DC.
The Prime Minister pointed to a number of changes that he intends to bring to the country. Many of these proposals will have massive positive implications for the country’s legal system, its administration of justice and the sovereignty of law over personal discretion. He promised that:
The emergency proclamations that are in operation will be presented to Parliament for annulment;
The Internal Security Act will be repealed but replaced with two security laws framed under the Constitution’s anti-subversion provision of Article 149;
The Restricted Residence Act and the Banishment Act will be brought to an end; and
The much-criticised Printing Presses and Publications Act will be amended.
It will take some time and considerable research to fathom the full implications of the above pronouncements. Needless to say, the impact on the legal life of the community, the rights of the citizens, the powers of the Home Minister and the Police will be monumental.
The Rule of Law will be strengthened and the days of the omnipotence of the Government will come to an end. Looking at the implications of the lifting of the Emergency, the following salient features of emergency laws must be noted:
Ordinary legal system eclipsed: Under Article 150, once a proclamation of emergency by the Yang di-Pertuan Agong is gazetted, the floodgates are lifted and legislative powers of Parliament are greatly broadened. Parliament can make laws that violate, suspend or bypass any constitutional provision except six items in Article 150(6A).
All fundamental rights except freedom of religion can be violated. The federal-state division of powers can be disturbed and state powers usurped.
Emergency laws do not require a two-thirds majority. Neither do they require the consent of the Conference of Rulers or the Yang di-Pertua Negeri of Sabah and Sarawak.
Judicial review on constitutional grounds is ousted because of Article 150(6).An emergency law has no time limit and can continue as long as the emergency lasts.
Malaysia has been under such a state of emergency continuously since 1964. For all practical purposes, an emergency legal system eclipsed the ordinary legal system for the last 47 years.
The King’s power to make laws: As with the powers of Parliament, the powers of the federal executive are immensely enlarged during an emergency.
The Yang di-Pertuan Agong acquires plenary and parallel ordinance-making powers under Article 150(2B) as long as the two houses of Parliament are not sitting concurrently.
The executive’s power of ordinance-making is as large as Parliament’s power of legislation. The entire Constitution can be suspended except for six topics in Article 150(6A).
Since 1964, the Yang di-Pertuan Agong has promulgated nearly 92 emergency ordinances. Among these is the Emergency, Public Order and Prevention of Crime Ordinance, which is a favourite with the police and which results in more preventive detentions than even the Internal Security Act.
Executive power to give instructions: Under Article 150, the Federal Government acquires powers to give directions to the states in contradiction with the meticulous federal-state division of powers. If the emergency proclamations are repealed, what effect will that have on the legal system?
Restoration of normal laws: If the two proclamations of national emergency in 1964 and 1969 are repealed, the country will return to the normal operation of the constitutional system.
The five or so emergency laws made by Parliament under the authority of these proclamations will cease to operate. Any detention under these laws will have to be terminated.
Emergency ordinances will end: As with the emergency laws enacted by Parliament, the 90 or so emergency ordinances promulgated by the Yang di-Pertuan Agong (and the hundreds of subsidiary laws made thereunder) will also cease operation.
However, the cessation of emergency laws is not immediate. Under Article 150(7), there is a grace period of six months during which the emergency laws may still continue to operate. Once the six months expire, the expiry of the laws is automatic and no individual repeal is necessary. However, no action (e.g. for damages) can be taken for anything validly done under previous laws.
Some may wonder whether the Yang di-Pertuan Agong, in his discretion, may refuse the Prime Minister’s advice to restore the Rule of Law and to lift the proclamations of emergencies?In a long line of other cases, it has been held that emergency rule does not alter the position of the Yang di-Pertuan Agong as a constitutional monarch bound to act on advice.
The case of PP v Mohd Amin Mohd Razali (2000) altered the law slightly: it held that during the dissolution of Parliament, the Yang di-Pertuan Agong is not bound by the caretaker government’s advice on emergency matters.
Amin is, of course, not relevant to the Prime Minister’s speech last night because Parliament is not under dissolution and the Prime Minister’s advice is binding on the King.
Judicial review strengthened: The lifting of the Emergency will remove the eclipse of ordinary laws. The possibility of judicial review of executive and legislative measures will be enhanced. Many human rights will be restored.
The demise of hundreds of emergency laws, some conferring preventive detention powers and others excluding due process, will be a defining moment for Malaysian democracy.
However, the euphoria that is bound to be felt as a result of these wholesome developments must be tempered with caution.
New proclamations: The lifting of the 1964 and 1969 emergencies does not prevent the re-issuing of a new proclamation of emergency and the promulgation of new emergency Acts and ordinances, if circumstances so demand.
Subversion laws stay: Even if the Emergency is lifted, Parliament is still armed with anti-subversion powers under Article 149. New security laws under Article 149 have been suggested by the Prime Minister. Existing laws like the Dangerous Drugs Preventive Measures Act will not be affected by the lifting of the Emergency unless the Government sets about to apply the reformative paint brush to them as well.
Police Act remains: Controversial ordinary laws like the Police Act, the Official Secrets Act and the Universities & University Colleges Act will remain in the statute book though, of course, they will face pressure to accommodate the spirit of the times.
Some may, therefore, regard the lifting of the Emergency as merely a cosmetic measure because Articles 149 and 150 still arm the Government and Parliament with massive power to suspend constitutional guarantees.
Such a perspective is unduly cynical. It amounts to an all-or-nothing attitude. Whatever reforms are adopted and implemented must be welcomed. They may be harbingers of new things to come. They will certainly set a new mood and may be the catalyst and impetus for further improvements to the human rights scene.
A government receptive to the lifting of the Emergency cannot be indifferent to improving the situation of laws under Article 149.
All in all, one must applaud the Prime Minister’s courage, his willingness to listen to the voice of the people, his receptiveness to the felt necessities of the times, and his exhilarating agenda for reform.
The Attorney-General’s office also deserves congratulations for advising the Prime Minister on the incongruence between the rule of law and the state of emergency lasting 47 years.
So, let September 16, 2011 go down in our history as “a joyous daybreak” to end the long night of the Emergency.
Datuk Prof.Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.
Thumbs up for ISA move
PETALING JAYA: The repeal of the Internal Security Act (ISA) is “a breath of fresh air,” said DAP national chairman Karpal Singh.
He also called for the abolishment of the Sedition Act.
“Why is the Sedition Act, enacted by the British in 1948, not one of the laws to be repealed?”
He said this Act was a draconian law which “did not enhance the democratic process”.
“We will study why the Government decided to abolish these Acts and see whether it was made for political reasons or for the good of the citizens and country,” he said in a statement here yesterday.
Penang Chief Minister Lim Guan Eng said he was disappointed that the Printing Presses and Publications Act 1984 would not be abolished.
“The only part amended is the Section on publications that will no longer need to renew their printing licences annually.
“The other one for printing false news has been retained,” said the DAP secretary-general.
