Category Archives: Legal

THE MALAYSIAN CONSTITUTION

​1.  When the MacMichael Treaties (or agreements) were signed, the states of Malaysia became a colony of the British.  The Malayan Union would be ruled entirely by the British.  The Malays could no longer claim ownership of the states.  There no longer was a Tanah Melayu or Malay Land.

2.  As one, the Malays rose in protest.  Such was their unity that the British had to back downand abrogated all the MacMichael Treaties.  The British agreed to replace the Malayan Union with the Federation of Malaya.  Officially the accepted name was the “Persekutuan Tanah Melayu”.  It reverted to being a protectorate by treaty.

3. The Government of the Federation of Malaya was led by the High Commissioner as the Chief Executive, presiding over the Executive Council and the Legislative Council.  All members were nominated by the High Commissioner. 

4.  In 1955 the British decided to hold partial election for 52 of the 98 seats of the Federal Legislative Council.

5. The British believed that no single party could win more than 49 seats to claim a right to form a majority Government.   

6.  But in the event the Alliance of UMNO, MCA and MIC won 51 of the 52 seats and was able to claim the right to form a home-rule Government.

7.  Immediately there was a clamour among the people and the parties in the Government for independence.

8.  Negotiations were held in London and eventually it was agreed that Malaya would become independent in 1957.

9.  In preparation for this, the Reid Commission was tasked with drawing up the independent Federal Constitution.

10. It was agreed that Malaya would be a democracy where the people would choose the Government.  The rulers would be constitutional heads without executive power.  Their position would be guaranteed by the Constitution which would be the supreme law of the country. 

11.  The party winning the election would name the Prime Minister (or the Chief Minister – Menteri Besar) and the constitutional head would endorse.

12.  Should the constitutional monarch refuse to endorse and proposes his own candidate and endorses him, the winning party can reject him in the assembly – ‘dewan’, through a vote of non-confidence.

13.  The constitutions of Johore and Terengganu which were promulgated earlier were nullified by the new constitution which was accepted by all the states of Malaysia.  Accordingly on the 9th of May, 2018, the peoples of Malaysia went to the polls to elect the Governments of (the Federation) Malaysia and the Governments of the states.

14. It is important that everyone concerned respects the constitution and abide by it.  Failure to do so would negate the rule of law. 

Keynote address at Transparency International Anticorruption Summit 2018

Text of PM Keynote address at Transparency International Anticorruption Summit 2018.

Excellencies ladies and gentlemen.

Firstly, I would like to say thank you to Transparency International Malaysia for this invitation to deliver a keynote address at this very important conference. This conference is about corruption.And how to combat corruption.
We in Malaysia have just emerged from a period where corruption was rife. Corruption in fact became a sort of slogan for the government in power. Indeed there were allegations that the Prime Minister himself might be involved in corruption.
Now when in a country the top men is corrupt the rest will follow suit.
Because the top man is responsible for trying to combat corruption but when the top man becomes corrupt there will be no attempt to combat corruption. Indeed the slogan of that time was Cash is King.
Now when you say Cash is King what you mean is that corruption is the way. Corruption will make you the king will give you power that in itself shows the kind of government we had previously.
But the people reacted. The people may be given money bribe etcetera.Although they will receive. They receive the money but they were still much against corruption.
And so when it came to an election the 14th general election in Malaysia the people exerted their people’s power they voted out the corrupt government.

That is just the first phase.

But in order to combat against corruption the new government must have a program
on corruption or anti corruption. This is not easy because not only was money used in order to win popularity but the whole government machinery has become corrupted because they too enjoy corruptions during that period.
And so we have a machinery of government that is defective.Defective machinery of government cannot easily combat corruption.
The machinery itself needs to be cleaned up.
And so the new government which was elected with a good majority in the 14th general election having taken over power in this country had a tough time trying to combat corruption.
To combat corruption you need the current the support of everyone in particular the government machinery. But as I said just now the government machinery has become corrupted and he will not be likely
do things to combat corruption.
The cleaning up involves removal of very senior officers.
But when the senior officers are removed we have need to replace with other officer who may not be so senior who may not be as experienced and so after the cleanup we have another weak machinery of government that has to combat again old practices and the extensive corruption that was happening before.
But the machinery of government has been reorganized in particular that is a good machinery of government that is dedicated to combating corruption.
We have actually 4 different agencies now which look into various indication of corruption in the government.
However, the fact that the new government is dedicated to the removal of corruption means that that machinery of the government itself must be clean from corruption.
We all know that when the top man is corrupt then of course the others will follow suit. So in this government it is important that government personnel elected during the election must avoid corruption. So new rules have been set has been put in place in order to combat corruption among the government leaders.
They now enjoy the same power as the previous government. The previous government abuse that power and as a result of the country became corrupt at all levels.

Now new government having vowed having promised to fight corruption must show from the very beginning that the government itself is free from corruption.
The promises had been made and agencies of government have been setup.
To date we have not heard of any government offices being corrupt at least not openly.
If they hide their activities, we have agencies which will seek them out and then ensure that the corrupt will be punished.
Currently the focus is on the corruption involving the previous government but if there is any evidence at all or corruption in the new government we hope that people will indicate will be good whistleblowers to inform the authorities that there are corrupt personnel in the new government.
So far we have not heard of any report of the new members of the new government being corrupt indeed many things were put in place to prevent corruption from taking place.
Where before appointments to various agencies of government agencies were from the the party forming the government these people do not care about you implementing the work they were tasked with instead they founded the power they wielded what’s good for them to make money for themselves.

But now all those party appointed officers have been removed and new offices who are not involved in politics have been put in place in order to ensure that they will run agencies institution and companies properly.
These are professional people they are not party members and they are tasked with eradicating corruption in their organisation. Apparently this has salutary effect facts on the institutions and we now have such blatant corruption as happened during the previous government but we have to maintain it.
Government on necessity must have power without power government cannot function.
But power can be abused.
There is a saying that power corrupt and absolute power corrupts absolutely so we must have the power but we must avoid corruption. We invite the public the people to report cases of corruption this will not result in action being taken against the whistleblowers this is because this government respect the separation of powers within the Legislative, Executive and Judiciary.

So if any one of these agencies are reported to be corrupted then the other two agencies will function during the corrupt person to Justice. This is the promise of the new government and this so far this has been implemented because today we do not hear as much as we did about leaders of the country being corrupt. We are no longer described as a kleptocracy.
A government of Thieves but today
we are implementing democracy in the best way possible.
We have resort the rule of Law so the Law previews in all cases should be there be any abuse of power by any one of the three agencies of government which exercises power the other two can take action in order to stop the corruption.
Today we are in the process of punishing those who were corrupt before it’s not the case of the government seeking revenge but the Law there is no one who is above the Law in this country if somebody is corrupt somebody abuses power then the Law will be applied and there will be judges who are free from corruption to decide on the guilt or otherwise the people accused of corruption.
We are watching the procedures going on and I’m sure that many of those people who are found guilty will be punished for their greed when they were in power.
The government has tough job because apart from trying to deal with corruption the government also has to rule the country and for that the government needs money.

When’s members of the public decided to help the government with his finances. The government started a fund. This fund is open to everybody to contribute it doesn’t matter how much money is paid. It is speed that count more. However, there has been attempt
to use donation to this fund in order to influence government business. This has been rejected by the government because when huge sums of money are given by way of donation to the fund.
The government has to reject the huge donation because it may become a source of corruption.
There are many things that we have to do but basically we need the support of the people. The people must understand that corruption is not good for them therefore they on their part must play their role in eradicating corruption.
We will have to punish not only the receiver but also the giver.
Unless we do this corruption will be come rife in this country. Up to the moment we have found that corruption or accusation, allegation operation is not as frequent as with the last government. Maybe that is a good sign that we have succeeded in telling the people to avoid corruption but the people themselves must know that corruption is a crime and they must never try to corrupt officials in order to get approvals for whatever it is that they are asking for. This is our hope that the whole country must be dedicated toward fighting against corruption.
Corruption may be stopped by the laws of the country but the better thing is that the people themselves regard corruption as crime and you don’t get involved in corruption. This means that we must have a high standard in our value system we must reject corruption as a crime which benefits no one not even the person who’s trying to get his approval from government agencies. So we hope with that the public showing the interest in eradicating corruption and the government officers
machinery being cleaned off we hope that this will result in reducing corruption if not eliminating it all together.
Public interest is very important because we depend on the public to tell us
instances of corruption which may affect them.
After that of course our agencies, implementors will make sure that the people who are corrupt will
be punished according to the laws of this country.
The rule of law is very important in combating corruption it is only when we abide by the law of the country that corruption be reduced or ended.
I hope in this meetingon good governance and integrity for sustainable business group
would make a members of the business Community aware that although corruption may win them something but in the end they will lose because this country will not grow will not develop, prosper if corruption is rife in this country. So with this hope that I launch this Transparency International Anticorruption Summit 2018.

Thank you.

 

THE LAST DAYS OF PARLIAMENT

1. Malaysians have been expecting Parliament to be dissolved so that election can be held. There were rumours about the dissolution of Parliament since 2015. But each time the Government failed to do so. If the Government was confident it would win, early election would give it a longer life. It must be because it was not fully confident that it kept on postponing the election.

2. The Government of Najib believed that cash is king. With cash i.e. with bribery it could win easily. But very quickly it dawned upon the leaders of the BN that money could not buy everything.

3. That was when Najib resorted to other ways to weaken the opposition. It decided to tamper with the electoral role in the 13th Election. It failed. The opposition garnered more popular votes than the Government.

4. Then it decided to change electoral boundaries so that rural constituencies have a lesser number of votes. The Government party needs only a few votes in the rural areas in order to win.

5. This time, it was convinced that the small rural constituencies populated largely by Malays would, as in the 13th Election, give the BN enough seats to form the Government. Such was its confidence that the rural Malays would always support UMNO that it saw no threat in registering Parti Pribumi Bersatu, set-up by ex-UMNO members. Najib did not think the new indigenous party would be big enough to challenge UMNO. Certainly, it would not be able to work together with the other opposition parties. It was unthinkable for the opposition to accept it as a coalition partner.

6. In this Najib was completely wrong. The new party was not only welcome to join a new opposition coalition but the parties actually accepted the PPBM Chairman as Chairman of the coalition and subsequently as its candidate for Prime Ministership.

7. This turn of events sent tremors to the BN and UMNO leaders. They felt a need to deregister PPBM, even to stop it from contesting in the 14th elections.

8. They saw an opportunity to do this when the new coalition applied for registration and the use of a new common symbol or logo.

9. And so, when the application for registration of the coalition was made to the Registrar of Societies, a new approach was adopted by the Registrar.

10. By simply not acknowledging or replying to the applications, the new coalition was left uncertain as to its fate. It could not conclude that it would not be registered but it could also not assume that it would be registered. Preparation for working together during the election could not be made. Registered, it could use a single symbol, a single flag and a single manifesto. If it is not registered, the four parties would have to retain their four flags and make separate preparations for the elections.

11. All enquiries directed at ROS were not acknowledged and no replies received. The coalition members were left in a limbo, uncertain whether eventually the coalition would be registered or not.

12. Attempts to get a reply failed. No acknowledgement or replies were received.

13. Then there came vague suggestion that registration would not be possible because DAP and PPBM had breached certain rules. But no written explanation was given by ROS as to these breaches. DAP which long ago was told that it had failed to carry out proper elections, resolved this problem by holding a new election. ROS then approved it.

14. But PPBM was not officially informed as to the breaches it had made. It could not be corrected to the satisfaction of ROS.

15. Election was approaching and time for preparing for election was getting shorter. Then, one day before the PM announced that parliament was to be dissolved, PPBM received notice that it had been temporarily dissolved for 30 days as from 5th of April the day the letter was sent by ROS.

16. Clearly there is collusion between ROS and Najib. It could not be coincidental. It must have been planned early as the 30 days PPBM is suspended or “bubar” coincides with the period of election.

17. Not only is PPBM not allowed to contest in the elections but during that period the party cannot display its identity through flags, posters or shirts. It cannot even display my pictures as its chairman. Only the pictures of the contestant can be displayed in each constituency.

18. The withdrawal of the registration of PPBM means no registration of Pakatan Harapan. So Pakatan Harapan, the proposed coalition of four opposition parties, would also be illegal.

19. This means that Najib’s Government is depriving the opposition and majority of the citizens of Malaysia from participating in the 14th General Election. BN will win all seats uncontested. This is a gross abuse of the principles of democracy. Any election in which opposition candidates are not allowed to contest cannot be regarded as valid. The winning party cannot be allowed to set up a Government.

20. The result would be a stalemate.

21. The only solution is to hold a new election immediately in which everyone wishing to contest would be allowed to contest.

ANTI “FAKE NEWS” LAW

1. Hari ini undang-undang untuk mencegah “berita palsu” mula dibahas oleh Parlimen. Dengan majoriti yang ada pada Kerajaan sudah tentu undang-undang ini akan dilulus.

2. Yang menakutkan rakyat dan parti lawan ialah apakah definisi “berita palsu”. Yang dijelaskan dalam undang-undang hanya siapa yang dianggap bersalah. Apakah yang dianggap berita palsu tidak dijelas. Taklimat yang diberi juga tidak menjawab soalan berkenaan kenyataan tertentu samada palsu atau tidak.

3. Mengikut amalan biasa undang-undang perlu jelaskan apa yang dianggap salah. Sepatutnya undang-undang menerangkan secara jelas “berita palsu” yang ditafsir sebagai salah.

4. Tanpa penjelasan ini pegawai Kerajaan (Polis dan Pendakwa Raya) akan mendefinisikan “berita palsu” mengikut pendapat mereka sendiri. Apabila sesuatu didefinisikan oleh pegawai sebagai “berita palsu” penulis atau pensyarah boleh dikenakan tindakan dibawah undang-undang ini.

5. Ada seorang Timbalan Menteri yang menyatakan sesuatu berita yang tidak disahkan oleh Malaysia akan ditafsir sebagai “berita palsu”. Oleh kerana semua berita dari luar negara tidak disahkan oleh Kerajaan Malaysia, maka semua laporan berkenaan 1MDB, RM2.6 billion dalam akaun Najib di Ambank, rampasan harta yang dibeli oleh wang yang dicuri dari 1MDB mengikut Department of Justice (DOJ) Amerika Syarikat dan kapal layar Equanimity yang didakwa dimiliki oleh Jho Low dan dirampas oleh Indonesia dengan FBI (Federal Bureau of Investigation – Biro Penyiasatan Persekutuan Amerika Syarikat) semua ini jika disentuh atau disebut oleh orang Malaysia dalam negeri atau diluar, yang semuanya tidak disah oleh pihak berkuasa Malaysia akan ditafsir sebagai berita palsu. Dan boleh dituduh bawah akta berita palsu. Juga yang akan tentukan samada sesuatu kenyataan itu palsu atau tidak adalah Kerajaan.

6. Untuk elak dari dituduh dibawah akta ini parti lawan dan jurucakap mereka, pensyarah dan penceramah, pemimpin dan kakitangan terpaksa “censor” diri sendiri. Mereka akan jadi seperti ahli UMNO yang tidak dibenar menyentuh kesalahan-kesalahan Najib.

7. Secara langsung semua isu berkenaan dengan salahlaku Najib dan orang-orangnya tidak boleh diperkatakan oleh sesiapa. Dengan ini akta “berita palsu” akan menutup mulut semua pengkritik Kerajaan dalam pilihanraya. Parti lawan akan kehilangan sebab mereka menentang Najib.

8. Selamatlah Najib.

9. Wahai ahli-ahli UMNO.

Relakah kamu menipu? Relakah kamu sokong pemimpin yang dikenali oleh dunia sebagai penipu dan pencuri.

10. Relakah kamu mencari kemenangan secara penipuan. Akta Berita Palsu adalah antara penipuan yang dilakukan oleh Najib untuk mendapat kemenangan.

11. Kemenangan dengan cara penipuan; dengan cara haram adalah haram. Kerajaan yang akan ditubuh oleh Najib jika ia menang ialah Kerajaan haram.

12. Jika ahli UMNO rela diperintah oleh Kerajaan haram, itu adalah pilihan anda.

RULE OF LAW 2

1. The rule of law is an integral part of a democracy. In Malaysia today there is obvious disrespect for this principle. We are seeing many instances where the rule of law is ignored.

2. Normally when a report is made about breaches of the law by anyone, the police or the other enforcement bodies would investigate to find out whether indeed the allegation is right or not.

3. But when a report is lodged with the police on the wrong doing of the Prime Minister, the person reporting was investigated, detained, jailed and charged in court as a terrorist.

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THE RULE OF LAW

1. The rule of law is an integral part of democracy. Malaysia today is no longer a democracy. Therefore we cannot see the rule of law being upheld.

2. Laws are meant to protect the citizens. What we see in Malaysia is laws being abused so that instead of protecting people laws are used to suppress and oppress people.

3. There is a law on official secrets. It is meant to keep secret certain documents regarding policies or decisions which the Government may or may not take at a given time in the future. If leaked, the Government’s freedom to decide would be constrained. It is not meant to hide from the public criminal acts.

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MENZIARAH ANWAR

1. Saya tidak dapat menziarahi Dato’ Sri Anwar di Hospital Cheras. Saya diberitahu Menteri Dalam Negeri telah mengarah pejabat penjara supaya tidak membenar saya ziarah Dato’ Sri Anwar.

2. Saya kecewa dan sedih. Apakah yang sudah jadi pada negara kita ini. Tidak pernah mana-mana Perdana Menteri Malaysia sebelum ini melarang sebarang lawatan untuk berjumpa pesakit atau banduan, samada ia ahli politik atau orang biasa. Saya, semasa menjadi Perdana Menteri, tidak pernah menghalang mana-mana banduan, termasuk Dato’ Sri Anwar, diziarahi oleh sesiapa.

3. Tetapi sekarang sudah ada arahan ini khusus bagi saya.

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SURUHANJAYA DIRAJA

1. Seperti yang dijangka penubuhan RCI bertujuan mencari alasan untuk mengaitkan dan menyalahkan kepimpinan parti lawan dengan dakwaan bahawa pegawai-pegawai Bank Negara menipu jumlah kehilangan duit bank semasa mengurus dagangan mata wang 30 tahun dahulu.

2. Kononnya Perdana Menteri dan Timbalan Perdana Menteri pada masa itu tahu dan sedar berkenaan dengan penipuan ini tetapi mereka tidak mendedahkan perbuatan ini, bermakna mereka bersubahat.

3. Apakah bukti mereka tahu dan bersubahat tidak dijelaskan. Yang tentu tahu dan bersubahat menyembunyi jumlah kehilangan sebenar ialah orang yang, selepas 30 tahun, membuat dakwaan bahawa jumlah kehilangan sebenar bukan 11 billion Ringgit tetapi 30 billion.

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SIASATAN ATAS 1MDB

SEORANG peguam kanan Mahkamah Agung Amerika Syarikat dilapor Utusan Malaysia berkata meskipun Jabatan Keadilan (DoJ) Amerika Syarikat (AS) telah memfailkan pelucut hak sivil ke atas aset yang didakwa mempunyai kaitan dengan 1Malaysia Development Berhad (1MDB), tetapi tidak ada tindakan mahkamah diambil ke atas 1MDB di AS.

Juga dilapor yang terdapat sedikit sahaja aktiviti berkaitan dengan kes itu dan tiada siapa yang dinamakan sebagai sasaran jenayah. 

Laporan penuh boleh dibaca di sini.

Peguam Negara Amerika Syarikat Jefferson Sessions pula dalam ucapannya di Global Forum on Asset Recovery di Washington DC, menyifatkan siasatan ke atas 1MDB segabai siasatan ke atas kes “kleptokrasi paling teruk”.

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TIDAK JAWAB

1. Pakatan Harapan (PH) tahu awal-awal lagi jika permintaan dibuat untuk berjumpa dengan Menteri Dalam Negeri, maka permintaan itu tidak akan dijawab, sama seperti surat dari PH untuk mengetahui apa sudah jadi kepada permohonan kelulusan bagi perlembagaan PH dan logo/simbolnya.

2. Ini adalah strategi Kerajaan Najib apabila berhadapan dengan tuntutan hak parti lawan yang ditakuti olehnya, jangan tolak dan jangan lulus. Diam sahaja.

3. Tidak menjawab boleh ditafsir dengan bermacam tafsiran yang tidak mendedahkan Najib kepada dakwaan menyalahguna kuasa dengan tidak melulus.

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