Monday, September 30, 2013

Our small dreams, our great vision - Liew Chin Tong

Our small dreams, our great vision - Liew Chin Tong

September 30, 2013
Malaysian Insider

From March 8, 2008 until May 5, 2013, we were consumed by a single, overarching goal – to win Putrajaya. After the 13th general election (GE13), the political future has been thrown wide open.

We are determined to take the path of reform, no matter how challenging. Our immediate focus is to realise many of our small dreams, as stepping stones towards the fulfilment of our larger aspirations.
Post GE-13, Umno has been putting the wrong foot forward, moving further and further away from moderate, centrist politics.

In the 14 years in between Mahathir’s February 1991 announcement of Vision 2020 until Hishammuddin’s July 2005 keris-waving incident, Umno enjoyed full non-Malay support.

In the eight years following the keris-waving incident, Umno’s increasingly extremist rhetoric has lost it support from Chinese, Indians, non-Muslim East Malaysians and Christians. Worsening corruption and economic policies that favoured cronies has cost Umno urban Malay support.

If Umno continues to pander to extremism and Pakatan Rakyat’s three parties remain on the middle path, the future political landscape will not stray much from that of 2008 and 2013.

Here’s what would hasten Barisan Nasional’s demise – a sliding domestic economy due to international factors and lack of reforms, plummeting commodity prices including palm oil, and worsening corruption.

However, it is not impossible for Umno to do a complete U-turn. Here’s what could possibly change BN’s fortunes: if Umno were to turn itself around to appear moderate like it did in 1991 by unveiling Vision 2020; if Umno makes efforts to clean up corruption and deal seriously with the problem of the poverty gap.

As for the other parties within the BN coalition, they play a peripheral role hardly worth discussing.
On the other hand, the challenge for Pakatan Rakyat (PR) is whether or not it can continue to remain in centrist ground.

The challenge for PKR’s leadership is whether it can bring about transformation from the ex-Umno generation to the reformasi generation, to create a new political model and to win the trust of the people.

The current challenge for PAS resembles DAP’s situation when it left the 2001 Barisan Alternatif pact. At that time, DAP thought that BN/MCA’s successful propaganda against DAP and PAS’ insistence on Islamic state had eroded DAP’s ground.

In a reverse way, some in PAS feel that Umno and Utusan’s tirade against DAP had eroded PAS’ ground now.

Whether or not PAS can remain as a moderate centrist party is crucially tied to the November party elections.

Here are DAP’s two biggest challenges: first, how to overcome the limitations of race-based politics and open a new political discourse which is acceptable to Malays and East Malaysians.

Second, continue to use PR-ruled states and the performance of our reps to convince the people that we are a forward-thinking, aspirational political party, a viable government-in-waiting.

Regardless of the situation, the lesson from the 2013 elections is this: no matter how BN throws money at voters and exerts pressure on them, Malaysia has changed since 2008.

We have now become a 50-50 society. The government and the opposition are now evenly matched and any election will be closely contested.

One seldom mentioned lesson that PR learnt from 2013 is, state-level politics is more important in the equation than we had previously fathomed.

Especially within the context of Malay politics, state-level politics plays the most important role. PR failed miserably in Kedah, but in neighbouring Penang, our Malay votes increased marginally. PAS doubled its seats in the Selangor State Assembly, and improved its performance in Terengganu.

Simply put, this is the scenario that lies before us: our opponent may move to the centre, and PR may fail to guard the middle ground. However, our society has evolved to the point that the government and opposition are close rivals in terms of strength. In addition, the role of state-level politics is of increasing importance.

In the past five years, we stretched ourselves for one single goal – to win Putrajaya. Moving forward, we need to work on many of our small dreams. These small dreams are really pieces of our larger aspirations and vision, particularly the aspect of community-building.

Although winning federal government remains our biggest aim, but we also need to focus on building up local, state-level, and even city-level politics, economics, and communities. More thought and preparation needs to be put into this aspect.

As long we remain on track with our larger direction, fulfilling our small dreams is the best response and preparation we can have to deal with the current maelstrom – perhaps the chaos before the creation of something greater? – September 30, 2013.

* Liew Chin Tong is the DAP Member of Parliament for Kluang, Johor.

Lawyers question criteria for promoting judges

Lawyers question criteria for promoting judges

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
Malaysian Insider
September 30, 2013

Bar Council president Christopher Leong says the Bar's views on the latest promotions were not sought. – The Malaysian Insider pic, September 30, 2013.Bar Council president Christopher Leong says the Bar's views on the latest promotions were not sought. – The Malaysian Insider pic, September 30, 2013.Six top judges are slated to be promoted to the Federal Court and Court of Appeal today against a backdrop of unhappiness in Malaysia's Bar Council for not being consulted on the latest judicial appointments.

The Bar Council is unsure whether these judges are being promoted on merit or seniority. In today's promotion, Court of Appeal judges Datuk Seri Abu Samah Nordin, Datuk Ramly Ali and Datuk Seri Mohamed Apandi Ali will be elevated to the Federal Court.

High Court judges Datuk Seri Zakaria Sam, Abang Iskandar Abang Hashim and Datuk Umi Kalthum Abdul Majid will be promoted to the Court of Appeal.

The council, which covers all lawyers in West Malaysia, also feels it should have been consulted as it is an important stakeholder in the administration of justice in the country.
One view is that it harked back to 1988 when the dismissal of then Lord President Tun Salleh Abas sparked a judicial crisis.

"There was no communication due to bad relationship between the (Bar) council and the judiciary then," past council president Ragunath Kesavan told The Malaysian Insider.
Current council president Christopher Leong when contacted said neither his nor the council's views were sought this time.

"I am only invited to attend the oath taking ceremony for the judges at the Palace of Justice in Putrajaya tomorrow (Monday)," he told The Malaysian Insider yesterday.

In previous years, the chief justice made it a point to consult the council on the appointment of federal and appellate court judges.

Leong's immediate predecessor, Lim Chee Wee, who held the post from 2011 to 2013, said the chief justice had sought the council's feedback when appointments and promotions were made.
Ragunath (left), who was council president between 2009 and 2011, said then chief justice Tun Zaki Azmi consulted him before the Judicial Appointments Commission (JAC) discussed the elevation of judges.
"Whatever reservations some may have about Zaki, he displayed respect for the council and did not ignore us even after the JAC was set up in 2009," he said.
"This time around the legal fraternity is wondering whether judges were promoted based on merit or seniority," he added.

Ragunath also wondered if the failure to obtain the views of the council was a return of the practice soon after the judicial crisis in 1988 following the dismissal of Salleh.

In today's ceremony, the promoted judges will receive their letters of appointment from Yang di Pertuan Agong Sultan Abdul Halim Mu'adzam Shah prior to taking their oath of office before Chief Justice Tun Arifin Zakaria and Court of Appeal president Tan Sri Raus Sharif.

Two senior Court of Appeal judges Datuk Abdul Malik Ishak and Datuk Mohd Hishamuddin Mohd Yunus have been overlooked in the current promotion exercise.

Abang Iskandar and Umi Kalthum have leapfrogged several High Court judges to become Court of Appeal judges.

Abu Samah and Ramly were from the Legal and Judicial Service while Apandi was in private practice from 1982 before he was appointed a judicial commisioner in 2003.

Abu Samah, who has been in the Court of Appeal since 2007, has presided over several cases relating to administrative and constitutional law.

One was that non-Muslim lawyers can practise syariah law in the Federal Territories.

Ramly was a chief registrar of the Federal Court and Registrar of Companies before being appointed judicial commissioner in 2000.
He was made High Court judge in 2002 and elevated to the Court of Appeal in 2009.

Ramly was the presiding judge two weeks ago when a three-man bench ruled that lawyer Tan Sri Muhammad Shafee Abdullah was qualified as deputy public prosecutor to lead the prosecution team appointed to appeal a High Court ruling which acquitted Datuk Seri Anwar Ibrahim of sodomy.

Apandi was on the bench that acquitted two former policemen of murdering Mongolian woman Altantuya Shaariibuu.

He was also in the majority that held that public assemblies require police permits and the Police Act 1967 was a valid law.

Apandi also chaired the bench which heard Putrajaya's appeal to set aside a High Court decision that a Catholic weekly newspaper is allowed to use the word “Allah” in its Bahasa Malaysia section. The court is scheduled to deliver judgment in October.

In the case of Zakaria, he is the most senior of High Court judges, having been elevated in 2004.
Abang was made High Court judge in 2009 and has presided over several high-profile cases including the Malaysiakini appeal for a print licence and the Sime Darby-E&O case. Umi Kalthum was elevated to the bench in 2011.

Former council president Datuk Param Cumarasawamy said a representative of the lawyers must be a member of the JAC to discuss judicial appointments.

"In a number of Commonwealth countries, the Bar Council president is a member of the JAC to give his input," he said.

Param, who is also a former United Nation's Special Rapporteur on the Independence of Judges and Lawyers, said there must be some transparency and accountability in the elevation of judges.

In the past the chief justice recommended names to the Prime Minister who then submitted the list to the king. The Council of Rulers then endorsed the names.

The JAC states that the prime minister must uphold the independence of the judiciary, provide support necessary to enable them to exercise their function, and that public interest must be represented in the administration of justice.

Under the present make-up, the chief justice now becomes JAC chairman. The others in the JAC are the Court of Appeal president, the chief judges of the High Courts of Malaya, and Sabah and Sarawak, and a senior Federal Court judge.

The JAC Act states that four eminent persons are appointed after consulting the Bar Council of Malaysia, Sabah Law Association, The Advocates Association of Sarawak, the Attorney-General's Chambers and other relevant bodies. – September 30, 2013.

Saturday, September 28, 2013

Lim looking at bittersweet Sunday as DAP gears up for new party polls

Lim looking at bittersweet Sunday as DAP gears up for new party polls

BY EILEEN NG
Malaysian Insider
September 28, 2013

DAP’s constitution states that the secretary-general can only hold office for up to three terms, or nine years.

Still, it will be a moment to savour, given what has happened.

Lim and his colleagues had to face one of their most trying challenges in recent times when his 48-year-old party was threatened with deregistration if it refused to hold this fresh election.
This came after complaints from several disgruntled members who claimed that the party polls last December was not properly conducted when it was announced that a tabulation glitch resulted in the wrong candidate being elected to the CEC.

Although the DAP itself reported the glitch and clarified that the correct winner had been identified, the RoS stepped in and directed the secular Chinese-dominated opposition party to hold new CEC elections.

Add that to the uncertainty of an injunction filed by a branch leader to stop the new polls from taking place, and party leaders, including Lim, could certainly be forgiven for having had sleepless nights.
The Kuala Lumpur High Court's decision to throw out the suit yesterday knocked down that particular hurdle.

Now, the fiery Lim is hoping the election will go on without a hitch but the load is still not off his shoulders yet.

He is worried that members will not come out to vote because they think the worst is over.
“Initially, when we were butting heads with the RoS, members were worried. The consequences were too heavy to bear,” he said, referring to the threat of deregistration.

“When we decided to hold the fresh election, they were very happy and that was it. The sense of crisis was not as strong as before. They might think, ok la, safe already, no need to worry,” he told The Malaysian Insider.

Friday, September 27, 2013

Two Malaysian rivals cross paths in New York, but Anwar rules out secret talks

Two Malaysian rivals cross paths in New York, but Anwar rules out secret talks

BY KEAN WONG IN NEW YORK FOR THE MALAYSIAN INSIDER
September 27, 2013

Malaysia’s political impasse needs to be urgently overcome if rising crime, bigotry and the perils of economic decline are to be reversed, warned opposition leader Datuk Seri Anwar Ibrahim in New York this week.

He urged Prime Minister Datuk Seri Najib Razak, who has also recently arrived in New York, to engage in dialogue and reconciliation amid “rancorous” times in Malaysia since the fraught May general election.

On the eve of what New Yorkers now refer to as “hell week”, where a heavy security presence shut down parts of Manhattan as this season’s United Nations General Assembly gets underway, the Malaysian opposition leader cut a becalming swathe through a jammed nearby theatre on a mild midtown evening.

The 200-seat college hall was filled with mostly Malaysians from universities and UN-linked agencies to Wall Street and fine diners, who came for an open forum that aired vexed allegations of fraudulent elections and looming electoral delineation battles, the prospect of an Islamic state, and a Malaysian economy undermined by a ballooning deficit that was accelerating the “brain drain” of skilled Malaysians abroad.

“There is a clear impasse because we have a minority government where the majority of Malaysians are completely marginalised,” averred the weary opposition leader after arriving in New York the day before from Malaysia. “There is this fear in Umno, of not being prepared to engage in a debate or dialogue. Yet we have garnered 52% of the popular vote.

Call on DAP delegates to attend Sunday Congress in full force to vote for a united leadership



Media Statement by M Kula Segaran, DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on 27thSeptember, 2013

Call on DAP delegates to attend Sunday Congress in full force to vote for a united leadership
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Justice has been served after the High Court today allowed the application by party secretary-general Lim Guan Eng to strike out a suit and an injunction by former Ladang Paroi DAP branch vice-chairman A. David Dass, who claimed that members were not given 10 weeks' notice to hold the election.

Many DAP leaders attended the court proceedings.

Article 46 of the First Schedule of the DAP constitution clearly states that Central Executive Committee Election can be conducted through a Special National Congress and no one should doubt that the DAP leadership will want to do anything that is ultra virus the Constitution.

The Registrar of Societies (ROS )Director General Datuk Abdul Rhaman has certainly not understood the DAP constitution when he claimed that CEC election must be done through a normal Party Congress.


There has been a campaign of lies against the party and some DAP leaders by some former DAP members. Their lie campaign has been supported by BN controlled media like Utusan Malaysia.

I therefore call on all Congress delegates to turn up in force at the Special Congress scheduled on coming Sunday and to give their support to the present leadership so as to prove to ROS and BN that DAP will stand united in the face of most unfair, unprofessional decision by ROS to direct a fresh CEC election without giving any reason.

Let’s all prove to those who want to tarnish the DAP image and sabotage the reelection that DAP delegates are matured, disciplined members who will never allow anyone to destroy the party in any way.


Newsreports in Tamil Media

Newsreports in Tamil Media 

[ADMIN] 赞扬槟州以民为本赋在野党拨款权力,苏健祥张志坚吁国阵仿效民联开明政策。 Ahli Parlimen Ipoh Timur & ADUN Bercham menggesa BN supaya mengambil Negeri Pulau Pinang yang Memberi Dana kepada Parti Pembangkang sebagai Satu Teladan

民主行动党怡保东区国会议员苏健祥及巴占区州议员张志坚联合发布文告,对于槟州政府将从2014年起每年拨款给10名巫统在野党州议员各4万令吉作为小型发展计划之用途表示赞扬,并呼吁国阵执政的州政府也仿效有关开明的政策。
他们说,身为执政党应尊重民主以民为本,固定发放拨款给予人民代议士作为地区发展基金,以便能够更完善的履行州议员的职务作出贡献,惠及当地人民。
“人民缴付的税款由政府监管,而掌控政权的政党应不分在朝在野给予拨款的权力,让所有国民都享有发展的权利,并非独自占有使用权力。”
他们指出,过往情况就是,即使在民联候选人胜出的选区内,国阵只拨款给国阵区域主席,或委任协调员并给予拨款的权力,如此做法严重扰乱民主机制发展程序。
他们强调,这些是属于全人民的拨款,并非属于国阵的,名正言顺受人民委托的州议员不应由政党代替!
他们认为,倘若拨款的权力由政党或仅获得少数选民支持的人掌握,不排除将有居心不良者公私不分,使用权力惩罚多数人民。
他们表示,民联执政的州属已经开步走向民主,因此呼吁国阵执政的州政府仿效落实有关政策,还政于民。

Is Najib the self-styled reformer falling to the right?

Is Najib the self-styled reformer falling to the right?

BY EILEEN NG AND ELIZABETH ZACHARIAH
September 27, 2013
Najib: Amendments to PCA appear to be a clear sign that Umno hardliners are winning.Najib: Amendments to PCA appear to be a clear sign that Umno hardliners are winning.
It is election season in Umno and president Datuk Seri Najib Razak, it seems, has to pander to the right-wing elements within his Malay party.

The clearest sign that the hardliners have a firm grip on Najib, who was returned unopposed for a second term last Sunday, was in the contentious amendments to the Prevention of Crime Act (PCA) which, if passed, critics said would make the PCA mirror the draconian Internal Security Act (ISA).

The ISA and a raft of preventive laws were repealed by Putrajaya in the past two years in line with Najib's self-styled image as a moderate and a reformer.

He had said previously that he would not succumb to pressure to reinstate powers to detain individuals without trial.

"We are doing our best to find a good balance to ensure that human rights are not affected but to defend public interests as well. This is what is needed for a more matured society," he was quoted as saying.
Conservative forces within Umno, especially those linked to influential former president Tun Dr Mahathir Mohamad, have resisted change and pushed for a more Malay-centric platform. And on Wednesday, it looked as though Najib had given in to their demands.

"Najib is succumbing to right-wing pressure within his party because it is crucial for him in the coming polls to get his people in and maintain his strength.

"The focus is not on Malaysians, but on the Umno polls," said PKR vice-president N. Surendran, who is a critic of the proposed changes to the PCA.

Describing the amendments as the "biggest democracy drawback" in the last 10 years, DAP strategist Liew Chin Tong said Najib seemed to be running around blindly.

"He has no idea which way to go. I think the police dictated the terms and he is just responding to them and to the right-wing elements within his party. There does not seem to be much thought put into this," said Liew.

However, Universiti Putra Malaysia political analyst Dr Jayum Jawan said there is hope yet for Najib to counter the perception that he is being controlled by the right wing in Umno.

"He must ensure that the new law is not used against his political opponents," said Jayum.
"If he allows that, it will hamper democracy and this will backfire on him."

Although opposition lawmakers and civil society are right to be fearful that the PCA can be used against them, Jayum is confident that the government will be more careful now.

"The era of the ISA is definitely over, where the law was used to detain political opponents."
International Islamic University Malaysia academic Datuk Seri Dr Syed Arabi Idid agreed that it did appear as if Najib had gone back on his word but felt the Prime Minister did it out of concern for public safety.

"I don't think he was pushed by the right wing in his party," Syed Arabi said.

"He did not realise the consequences of abolishing the preventive laws earlier. He is doing this to correct something that was not right, so it should not be seen as breaking a promise.

"The prime minister has to be pragmatic. Between going back on his word and the security concerns of the public, he would of course choose the latter." – September 27, 2013.

Thursday, September 26, 2013

PCA amendments unconstitutional, says Karpal

PCA amendments unconstitutional, says Karpal
 
The tabled amendments to the Prevention of Crime Act (PCA) are unconstitutional, said DAP national chairperson Karpal Singh today.

Speaking to reporters at the Parliament lobby today, Karpal said that even though the amendment stipulates that the three-member Crime Prevention Board would be answerable to the Parliament, the provisions can still be considered unconstitutional.

"Being answerable to Parliament is one thing, but we are doing something unconstitutional. It is unconstitutional," he said.

Karpal said that having a three-member board as opposed to a minister calling the shots would make little difference, and that the amendments would still make the law similar to the now abolished Internal Security Act (ISA).

"In principle it is still the same thing. This can only be justified during wartime. If you have the evidence, take them to open court. If he is found guilty, put him in jail.
dap special meeting 110313 lim kit siang 2"How can you entrust (these powers) to the hands of three people? Having no judicial review makes it worse," said Karpal.

Meanwhile, DAP parliamentary leader Lim Kit Siang (right) described the amendment as an "obnoxious piece of legislation".

"This is against the promise of liberalisation," he said.

The government tabled the PCA amendments, which included a provision for detention without trial, in Parliament yesterday along with 10 other laws to be amended concurrently.

The new legislations were immediately met with stinging criticism from both civil society and the Opposition.

The government previously abolished two laws that provided for preventive detention, namely the Emergency Ordinance (EO) and Internal Security Act (ISA).

Utusan apologises to DAP | Free Malaysia Today

Utusan apologises to DAP

Leven Woon | September 26, 2013
Utusan to publish apology for untruth reporting about DAP in relation to Tanda Putera; and DAP accepts but for the last time
KUALA LUMPUR: Umno-owned broadsheet Utusan Malaysia has promised to retract and apologise to DAP over an article that accuses Lim Guan Eng of having a hidden agenda in banning the film Tanda Putera from being screened in Penang.

The DAP chairman Karpal Singh said Utusan has promised to publish an apology in the same size and prominence as the report, published on Sept 7.

He stressed that this would be the last time DAP accepts an apology from the daily.

“Next time if they do it again, we would not be that compassionate,” he told a media conference at the Parliament’s lobby today.

“Utusan should be a shame of itself. We hope it will turn better and report the truth,” he added.
In the article, Utusan quoted Umno supreme council member Puad Zarkashi of saying that Lim, the Penang chief minister, has banned the film in the state because he wanted to conceal the uncivilized act of his father Kit Siang as portrayed in the film.
Kit Siang, the DAP parliamentary leader, was portrayed urinating in a scene in front of the Selangor menteri besar’s residence during the bloody May 13 race riots in 1969.

Kit Siang has repeated many times that he was in Sabah when the riots broke up in Kuala Lumpur.
Meanwhile, Kit Siang who was also present at the conference said he did not expect the Umno-owned daily to be in favour of Pakatan, “but they have to be honest and truthful and stop publishing lies”.

Wednesday, September 25, 2013

Call for a bipartisan parliamentary committee to conduct fresh probe into the SK Seri Pristana “meals in changing room” incident



Media Statement by M Kula Segaran, DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on September 25, 2013

Call for a bipartisan parliamentary committee to conduct fresh probe into the SK Seri Pristana “meals in changing room” incident

Yesterday, I received written parliamentary replies to my questions related to the meals in changing room incident at SK Seri Pristana. 

I have submitted the questions for oral replies but unfortunately the questions were slotted as numbers 44 and 54, thus they had no chance of being replied as oral questions and I missed the chance to ask further questions. 

My first question was to ask the Education Minister why he had kept silent or failed to take any action against the headmaster and teachers who had bullied and ostracised whistle blower Guneswari’s daughter. 

The reply stated that there was no proof to show that either the school administration or the teachers were engaged in any act that would cause disharmony among the multi racial students. It also said that the allegation that Gunewswari’s daughter was ostracised is not true.

I find it hard to believe that the allegations which were widely reported in the media were all found baseless. 

Is the Education Ministry prepared to reveal all the details of the probe like who were interviewed and what were said by each interviewee?  

My second question was to ask the Education Minister if any probe was carried out into the meals in changing room incident, who headed the probe and what were the probe results. 

The second reply stated, among other issues that Selangor Education Director headed the probe and that the changing room was used by Malay, Chinese and Indian students as well as teachers since March 2013 as the canteen was not able to accommodate all the students during recess time.

What surprised me first is that the answer says that even the teachers had been eating in the changing room since March this year! 

So was it right for such a practice in the first place? If the Ministry thinks it is okay, then why should Deputy Education Minister P Kalamanathan offer his apology when he visited the school?  

If the Ministry thinks otherwise, then why no action was taken against the headmaster for making such an unacceptable decision.

Nevertheless, there was also allegation that the canteen could have been opened for students’ use during the Puasa month and that the school administration’s explanation about the canteen being under renovation then was not true.  

I therefore urge the Education Minister to allow a bipartisan parliamentary Committee to conduct a fresh probe into the entire “meals in changing room” incident.

Bar Council 'not consulted' on changes to Crime Act

Bar Council 'not consulted' on changes to Crime Act
 
Amendments to the Prevention of Crime Act (PCA) are expected to be placed before Parliament today for the first reading, but without consultation with the legal fraternity.
In drafting amendments to any law, feedback from stakeholders - such as the Bar Council and the police - is often sought by the Attorney-General's Chambers (AGC).

NONEBut Bar Council president Christopher Leong (left) said the body has not been given a copy of draft Bill and, therefore, has not discussed its provisions with the AGC.

Crime committee member Baljit Singh Sidhu said: "Normally a copy would be given to us for scrutiny before it is tabled. However, we have yet to see it."
It is understood the amendments to the PCA will be tabled with amendments to Penal Code and Criminal Procedure Code.

The PCA allows for detention of an individual for up to 72 days with a court order, unlike the repealed Internal Security Act (ISA) which provided for indefinite detention without trial.
However, the PCA is now seen as not providing sufficient powers to the police in dealing with organised crime in particular, hence the move to make changes.
Sabah Law not consulted either
The PCA currently does not cover Sabah and Sarawak as it was passed in 1959, well before the two states joined the Federation of Malaysia.
If the states are to be covered by the Act, then amendments would be required.
Sabah Law Association president GBB Nandy @ Gaanesh confirmed that the body has not been consulted over proposed expansion of the Act to Sabah.
Malaysiakini is awaiting a response from the Advocates Association of Sarawak.

NONEEarlier this month, Ahmad Zahid (left) said the 72-day detention period allowed under the Act would not be lengthened.
He said other amendments would give more power to the police to fight crime.

He has previously insisted on the need for preventive detention laws.
The repeal of the Emergency Ordinance and ISA, he said, has led to the escalating incidence of violent crime.

Under the ongoing 'Ops Cantas', the police are using provisions of the PCA to remand suspects.

Prime Minister Najib Abdul Razak, when opening a law conference last week, said the country is "in the midst of reviewing its prevention of crime laws to give more powers to the police, but at the same time, ensure that the rights of citizens are protected".

He said it is crucial to find the right balance and that the review is necessary because of the upsurge in criminal activity by organised gangs.

However, Pakatan Rakyat is opposed to the PCA being amended to provide the police with more powers of preventive detention.

Tuesday, September 24, 2013

[ PERAK VIEW] 古拉:历史和协议看来 政府应该让陈平骨灰回





Date:23.09.2013(怡保23日讯)

行动党全国副主席兼怡保西区国会议员M古拉 文告 2013年9月23日

行动党全国副主席M古拉表示基于他对过去历史的记载事实,以及与律师伙伴为了处理陈平申请回国拜祭父母的法律案件时与陈平在曼谷的会面了解,从历史角度来看,大马政府应该让陈平的骨灰运回大马国内。

怡保西区国会议古拉发表文告表示:他从小就知道了陈平这个名字,也从何多历史记载的书本和报道中略知一二,直到2009年他与律师伙伴陈国强律师到泰国曼谷会见陈平本人,处理它申请回国拜祭父母的事务,使他更了解陈平吉他进行斗争的史实。

古拉表示本身并不认同共产主义,也不认同在1948-1960年期间造成很多人伤亡的某些事故和事件,但基于陈平过去进行过对抗日功绩,以及其他协助到马来亚获得独立的基础工作和推动,他认为政府是应该批准陈平骨灰回国的。

他也批评政府在这方面也决定法律上不允许陈平的骨灰被运回我国的决定,是违反了当年的和平协议书内容。

古拉表示曾在国会中提出这项课题,并提出根据1989年泰国,马来西亚和马共三方签署的和平协议,而使人感到遗憾的是该项协议并未获得尊从。

古拉强调:即使今天,人们也记得Lumut Kiri这个有历史性价值和意义的港口地点。

这点令人起敬,因为陈平是通过用脚踏车,经过班台,再到红土坎,与英军取得联系,尔后一起对抗日军的侵略战争。

古拉文告表示,陈平的叙述清楚披露是如何在美罗区域以脚踏车进行各地区的工作和与战友的联系。

它说:陈平当时也提及了1943年他如何代表马来亚人民抗日军取得与英军和盟军的联系,他表示当时英军是在红土坎的Lumut Kiri登陆,然后一起部署抗日战争的。

“即使今天,人们也记得Lumut Kiri这个有历史性价值和意义的港口地点。这点令人起敬,因为陈平是通过用脚踏车,经过班台,再到红土坎,与英军取得联系的。”

他说:作为怡保的一名律师,我和伙伴陈国强接受处理陈平向大马政府提出申请,让他能够回来父母坟墓进行拜祭的事务。

我的伙伴在通过了联系,2009年安排了在曼谷的一次与陈平的会面,谈话中这位有很多传说,但和蔼的马共领袖给了我很深刻印象。

文告说:在我很小的时候已经听过了陈平这个名字。而陈平的名字也常与实兆远扯上关系。我本身也是出生在实兆远。

它说:小时候我的家庭也是胶工,常常吸引我想了解多一点有关陈平的事,也曾在各项报道中了解一二。

古拉表示:后来阅读了2003年出版的陈平的传记《我方的故事》 后,我开始进一步了解到历史中关于他斗争的各项问题。

文告披露陈平也谈及他在早期1939年至第二次世界大战时期(1942-1945),是如何躲开英殖民政府军的围剿和逮捕,他当时表示他是以靠近金马伦高原的美罗森山作为基地。

Chin Peng has the last laugh

Chin Peng has the last laugh
 
The Malaysian government intended to deliver a humiliating blow and final insult to Chin Peng, the late former secretary-general of the Communist Party of Malaya (CPM), by denying his dying wish.

Despite the sabre rattling by premier Najib Abdul Razak and extremist groups like Perkasa, it is Chin Peng who has won the psychological battle and more importantly, is having the last laugh from beyond the grave, leaving Najib with egg on his face.

NONE
Najib may wish to diminish Chin Peng’s role in our history, perhaps even airbrush him out of the struggle for Independence, but the irony is that his death on Sept 16, will mean that the Malaysia Day celebrations, will now also commemorate Chin Peng’s memory.

Chin Peng has been praised for being a wily operator and the brains behind the guerrilla warfare of the Emergency (1948-1960).
Even he could not have planned it better. His death on Malaysia Day was the ultimate accolade for a man who was denied his right to return to the country of his birth and denied a fair hearing in the Court of Appeal. What poetic justice!

The Malaysian government reneged on the terms of the three-way Peace Treaty which it signed with Thailand and the CPM leaders, in Hadyai in 1989. The PM at the time was Dr Mahathir Mohamad.

In life, the government rejected Chin Peng’s application to live in Malaysia. In death, they refused to allow his remains be interred in his family burial plot near Lumut. This prolonged revenge-fuelled retribution by Umno Baru will unwittingly give Chin Peng, the oxygen of publicity. If the young and uninformed did not know of Chin Peng, they do now.

najib hari raya open house 080813When Najib ordered that government forces be placed on red alert at border checkpoints, people scoffed at his idea.
If two jet engines can be smuggled out of Malaysia, then it would be child’s play to smuggle an urn into the country. This is a pointless exercise especially as resources and manpower should be deployed to better use, to deter crime.

Fighting and living in the shadows were Chin Peng’s speciality. It would have been easy for him to sneak across the border, assume an alias, and live anywhere in the country, like the former Bosnian Serb leader, Radovan Karad ic' the architect of the Srebrenica massacre who escaped arrest for 12 years, practising as a doctor in Belgrade. Chin Peng may have been the leader of a disbanded guerrilla army, but he was a man of honour.

The unprecedented furore and lack of compassion, to allow an old man his dying wish, is prompted by the upcoming Umno-Baru elections. Najib will milk Chin Peng’s death for political mileage to show his ultra-Malay credentials.

Many people are probably unaware that the struggle for Malaya’s Independence was fought on several fronts.
NONEDuring World War II, Chin Peng and the British army (Force 136) joined forces in 1941, to fight the Japanese invaders. Chin Peng’s outfit was called the Malayan People’s Anti-Japanese Army (MPAJA) and after the war, he was decorated for his heroism with the Order of the British Empire (OBE).

When the Japanese invaded Malaya in 1941, the Malays and Indians were given better treatment than the Chinese. Sino-Japanese relations had deteriorated after the Nanking Massacre (The Rape of Nanking) in 1937.

When the tide turned against the Japanese in 1943, the Japanese started to encourage Malay nationalism by arranging conferences, demonstrations, language courses and education. They even whipped up anti-Chinese sentiment by using paramilitary groups of, mainly, Malay men, to fight Chinese resistance groups.

Without the CPM ...

In the chaos immediately after the war, the MPAJA being the most organised and well-armed group within Malaya was given tacit approval by the British to restore law and order, at least until the British administrators returned in force.

The MPAJA used this opportunity to exact retribution on their old enemies and Japanese collaborators. As the Malays had been given preferential treatment by the Japanese during WWII, the MPAJA punished them severely.
The clashes were interpreted as racial conflict. The Malays retaliated by forming groups to fight what they saw as the “Chinese MPAJA/CPM”.

Internecine clashes between these two groups, continue to this day and to increase the distrust between the Malays and Chinese, Umno Baru will conveniently use the bogey, ”Chinese communists” or “May 13”, whenever it suits them.

NONEAfter WWII, Chin Peng continued his armed struggle for Independence, but this time, he fought against the British because he wanted Malaya to be free from colonial rule. He renamed his outfit, the Malayan Races Liberation Army (MRLA).
His ideology was to have an equal society with the wealth redistributed among the people equally, through the labour movement, under communism.

The civilian side of the MRLA was the Min Yuen (Masses Movement) which provided the guerrillas with food, information, and new recruits. Civilians who did not cooperate were tortured by the MRLA, whilst those caught cooperating, were imprisoned by the British.

The guerrillas would disrupt labour relations on the rubber estates and their sympathisers would demand military protection. The idea was to sabotage the economy but also to keep the British troops out of the jungle. The communists later changed this strategy when civilians began to blame the communists for their hardships.

Najib said that returning Chin Peng’s ashes would upset the Malays because the CPM had committed atrocities against them. Malaya was on a war footing. Atrocities were committed on both sides.
japan occupation of malaysia world war 2 060508The Japanese killed several hundred thousand Malayans during the Japanese Occupation; the Batang Kali massacre was blamed on rogue elements in the British army; and yet, the worse treatment has been reserved for Chin Peng, whose forces were responsible for 10,000 deaths.

No one is condoning Chin Peng’s guerrilla warfare but Malaysians must realise that without the CPM, the Japanese in Malaya would not have been defeated.

Without the Min Yuen, we would not have the current identity card system and Chinese squatters living on the jungle verges would not have been resettled into new villages, much to the irritation of Malay villagers who complained that these settlements had electricity and running water.

Without the CPM, we would not have had the Internal Security Act or a return to the authoritarian regime of Gerald Templer, the high commissioner who introduced local elections and village councils as his objective was the formation of a united Malayan nation. The Chinese were urbanised, by the British, to reduce the influence of the CPM.

tunku abdul rahmanUmno Baru and the Malays are in their exalted position because of Chin Peng. Without the armed conflict of the CPM, the British would not have agreed to give Independence to Malaya, nor the privileges that the Malays now enjoy.

Tunku Abdul Rahman (left) acknowledged that Chin Peng’s challenge to him, at the Baling talks in 1955,  immediately led to Merdeka.

Perhaps, it is fitting that divine intervention has made it possible for Umno Baru to honour Chin Peng, every year, on Sept 16.

The British used the divide-and-rule strategy to conquer the locals, the Japanese in WWII deployed the same tactic. Today, Umno-Baru continues this method of control.

Chin Peng may be gone but his legacy continues. Malaysians are still striving to establish a just and equal society.

MARIAM MOKHTAR is a defender of the truth, the admiral-general of the Green Bean Army and president of the Perak Liberation Organisation (PLO).

Monday, September 23, 2013

[ Admin ] 大马政府应该让陈平的骨灰运回大马国内 Chin Peng deserves his place of rest

行动党全国副主席兼怡保西区国会议员M古拉 文告  2013年9月23日

行动党全国副主席M古拉表示基于他对过去历史的记载事实,以及与律师伙伴为了处理陈平申请回国拜祭父母的法律案件时与陈平在曼谷的会面了解,从历史角度来看,大马政府应该让陈平的骨灰运回大马国内。

怡保西区国会议古拉发表文告表示:他从小就知道了陈平这个名字,也从何多历史记载的书本和报道中略知一二,直到2009年他与律师伙伴陈国强律师到泰国曼谷会见陈平本人,处理它申请回国拜祭父母的事务,使他更了解陈平吉他进行斗争的史实。

古拉表示本身并不认同共产主义,也不认同在1948-1960年期间造成很多人伤亡的某些事故和事件,但基于陈平过去进行过对抗日功绩,以及其他协助到马来亚获得独立的基础工作和推动,他认为政府是应该批准陈平骨灰回国的。

 他也批评政府在这方面也决定法律上不允许陈平的骨灰被运回我国的决定,是违反了当年的和平协议书内容。

古拉表示曾在国会中提出这项课题,并提出根据1989年泰国,马来西亚和马共三方签署的和平协议,而使人感到遗憾的是该项协议并未获得尊从。

 古拉强调:即使今天,人们也记得Lumut Kiri这个有历史性价值和意义的港口地点。

 这点令人起敬,因为陈平是通过用脚踏车,经过班台,再到红土坎,与英军取得联系,尔后一起对抗日军的侵略战争。


古拉文告表示,陈平的叙述清楚披露是如何在美罗区域以脚踏车进行各地区的工作和与战友的联系。

它说:陈平当时也提及了1943年他如何代表马来亚人民抗日军取得与英军和盟军的联系,他表示当时英军是在红土坎的Lumut Kiri登陆,然后一起部署抗日战争的。

“即使今天,人们也记得Lumut Kiri这个有历史性价值和意义的港口地点。这点令人起敬,因为陈平是通过用脚踏车,经过班台,再到红土坎,与英军取得联系的。”

  他说:作为怡保的一名律师,我和伙伴陈国强接受处理陈平向大马政府提出申请,让他能够回来父母坟墓进行拜祭的事务。



我的伙伴在通过了联系,2009年安排了在曼谷的一次与陈平的会面,谈话中这位有很多传说,但和蔼的马共领袖给了我很深刻印象。

文告说:在我很小的时候已经听过了陈平这个名字。而陈平的名字也常与实兆远扯上关系。我本身也是出生在实兆远。

它说:小时候我的家庭也是胶工,常常吸引我想了解多一点有关陈平的事,也曾在各项报道中了解一二.

古拉表示:后来阅读了2003年出版的陈平的传记《我方的故事》 后,我开始进一步了解到历史中关于他斗争的各项问题。

文告披露陈平也谈及他在早期1939年至第二次世界大战时期(1942-1945),是如何躲开英殖民政府军的围剿和逮捕,他当时表示他是以靠近金马伦高原的美罗森山作为基地。