The actual resolution by PAS is this: Mendesak Majlis Fatwa Kebangsaan membuat penyelidikan ke atas SIS yang membawa aliran Islam Liberal dan seterusnya mengharamkan pertubuhan tersebut sekiranya terbukti bertentangan dengan syariat Islam serta membuat program pemulihan ke atas ahli-ahlinya. The key words are “penyelidikan” and “sekiranya terbukti”. This is clearly a call to investigate and […]
Posted inSelected Judgments
Full FCT Grounds of Judgment by Paul FCJ in Zambry & 6 Ors v Speaker
Selected extracts of the grounds setting aside the suspension of Zambry & 6 others follows. On the objection that proceedings should have been commenced by way of judicial review, the Court held: The rule in O’Reilly v Mackman [1982] 3 All ER 1124 has been adopted by the Court of Appeal in cases such as […]
Posted inPray For Me
PAS, UMNO and SIS
I refer to PAS’ resolution on SIS recently. PAS is entitled to hold such a view. However, I can’t get over the feeling that PAS seems to be picking and choosing without any consistency. The notion of Islamic, and right or wrong seems to be switching around according to the leaders’ whims and fancies. Before […]
Posted inTalking about Lawyers
BC’s ConstiLC to kick-off on 19 June 2009
Dear members of the Bar, pupils-in-chambers, NGOs, academics, civil society activists, law students and friends, Events of the past year have increased the interest of Malaysians in constitutionalism. Following these events, the impact of constitutional law in our society is being felt on an unprecedented scale today. It is therefore an opportune time for civil […]
Posted inWhy You Can, I Cannot?
“Holocaust”
When everyone is focusing on the Perak state crisis and the police’s crackdown on the peaceful candlelight vigils/fasting campaigns, how many have actually paid an iota of attention on Sri Lanka “holocaust”? We have heard the numerous clarion calls for moral support and solidarity for the democracy leader and Nobel Peace Prize laureate Aung San […]
Posted inOAsli & OAsal
Perak Political Plague & the 6th Bushido Code
I joked candidly that M. Kula, the Ipoh Barat Member of Parliament must have been an Orang Asli in his past life because of his concern and support for my work with the indigenous people of this country. He revved his 4WD on a precariously winding road in the secondary forest that was once ravished […]
Posted inBolehland
1Malaysia and 13May
On the night of 13 May 2009, I attended a public forum entitled “From May 13 to 1Malaysia – The Future of Malaysian Nation Building” at the Civic Hall, MBPJ. This was a forum organised by ADUN Lau Weng San in commemoration of the 40th anniversary of the May 13 incident. Speakers of different backgrounds […]
Posted inWhy You Can, I Cannot?
Next for the Tamils?
The historical perspective is here written by A. Kanesalingam. The question as to the use of force in the Tamils’ legitimate fight for their self-determination is again raised. Freedom fighters or “terrorists”? What now for the defeated Tamils in Sri Lanka? Has history been re-written by the might of the gun?
Posted inTry Me-lah
ISA – To Review or Repeal?
In April this year, our new Prime Minister Najib Abdul Razak suggested that the Internal Security Act 1960 (ISA) be subject to review. 13 detainees were released. However, almost at the same time, the ISA was invoked to detain 3 more persons. Little or no publicity was given to such recent detentions. Proposals to review […]
Posted inExpress Yourself
Sedition under the Law of this Country
I write this article so as to apprise the people who, in the mind of the general public, have taken the law into their own hands through the harassment of law abiding citizens of this country with the threat of using the Sedition Act 1948 on them. They should not have done it without first […]
Posted inSelected Exhortations
Democratic Governance.Com: 5 Challenges
Paper presented on 16 May at the Bloggers Universe Malaysia (BUM) 2009 gathering. It has been estimated that by 2010 there will be over five hundred million blogs worldwide. Will that be a boon and benefit to the opening space for democracy? Or will that be baneful? The first flush of enthusiasm now has cautionary […]
Posted inPray For Me
Life and Death 4
Actually a lot of young people in the age range of 24-27 experience “numbness” and “tiredness” with and in life and work. This may probably be due to what they have experienced and are experiencing. Just that they do not talk about it but live out their daily lives as usual. I think even our […]
Posted inTalking about Lawyers
Plaintiff v Claimant
Just the other day, I was wondering why we still use the term “Plaintiff” in Malaysia. I asked a few people but they didn’t know either so I had a quick look on Wikipedia and discovered the following: The word “plaintiff” can be traced to 1278 and stems from the Anglo-French word pleintif meaning “complaining” […]
Posted inStupid Me!
Pointless vernacular schools
Another from the BC HRC egroup discussion. Schools, I will comment on. Firstly, vernacular schools are a pointless idea. I think that the moment this country decided to be a nation, all have decided to absolve themselves from their “national origin”. I personally find it insulting that Malaysians are still referred to by their ethnicity […]
Posted inCase Notes
Crises of Confidence and Perak’s Constitutional Impasse
Professor Dr. Andrew Harding, after the demise of the late Professor RH Hickling CMG QC, would (with Professor Dr. HP Lee) arguably share the honour of being the foremost jurists on the Malaysian Constitution. Among others, he is the author of “Public Duties and Public Law” (OUP, 1989), “Law, Government and the Constitution in Malaysia” […]
Posted inBolehland
Shots in the Dark
Americk Sidhu regales us with his experience in selling his house and draws attention to the similarity in quality and direction of the services provided with that of the local tourism industry in his usual inimitable style. This unfortunately shall be his last piece for us in a while because Americk will be retiring to Australia where he intends to work with the aboriginals and look for further inspiration for his masterful pen.
Posted inJudging the Judges
Perak Constitutional Crisis: Wake Up and Smell the Carcass
Encik Amer Hamzah Arshad ruminates on whether a court can stay a declaratory order and considers Zambry’s nudity.
Posted inWhy You Can, I Cannot?
Malaysia Tanahairku .. Dan Tanahairnya
Originally published at CeritaOrangGilak. Pagi itu, aku bersarapan sambil membaca beberapa suratkhabar tempatan. Isi-isi suratkhabar itu hampir membuatkan isi perutku terkeluar kembali. Bukan pasal Jaya Supermarket. Bukan pasal Penanti. Bukan pasal Hari Tanpa Tembakau Sedunia. Bukan pasal AhLong. Bukan pasal Marsha AF yang seksi. Bukan bukan bukan. Pasal Chin Peng dan komunisme. Nampaknya, ramai orang […]
Posted inTalking about Lawyers
Interview with Roger Chan (HRC) on Human Rights Training
Interview by James Chow of the Epoch Times – May 27, 2009 (Special Edition, June 2009) – which may be found here. The Malaysian Bar Council is now seen by many as one of the most active defenders of Human Rights in the country. Its Human Rights Committee (HRC) through its educational and training programmes […]
Posted inTalking about Lawyers
Badan Peguam dan Isu-Isu Hak Asasi Manusia
Sebagai masyarakat yang bertamadun tinggi, kita seharusnya sedar bahawa kehidupan ini adalah berdasarkan keamanan seperti yang disaran oleh setiap agama di dunia ini dan juga menghormati hak asasi manusia yang sedia ada. Kini, sudah menjadi suatu kebiasaan bagi masyarakat dunia menyuarakan pendapat mereka terhadap isu-isu hak asasi manusia melalui perhimpunan aman dengan tujuan suatu resolusi […]