The imperative march against the Peaceful Assembly Bill

This article was published in Malaysian Insider.


*update: this post was also posted in Lim Kit Siangs blog here.
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Have you ever felt a sense of discomfort sitting on your chair whenever you read the news?

Or sometimes (most of the time for me) a sense of disbelief and appal at how politics has screwed our rights, liberties and monies over and over again?!

Just when we had to digest all the poor spending and misappropriation (for example, the Auditor-General’s Report, the National Feedlot Corporation scandal and Kedai 1 Rakyat Malaysia fiasco), now we are told that a Bill will be passed to restrict our natural right to assemble!

The government tells us that we can assemble, and it says it is “revolutionary”. However, they seek to implement various criteria and obstacles before we “can”, or rather more accurately, be allowed to assemble (one fine example would be the requirement of a 30 days’ notice). This clearly illustrated the government’s pure hypocrisy in singing the tune of “best democracy”, “revolutionary” or even “upholding democratic principles” when it in fact it seeks to restrict the rakyat’s natural right to assemble!

Taking into consideration the beautiful wording of section 2 (a) of the Bill which recognises “... citizens... right to organise assemblies or to participate in assemblies, peaceably and without arms”, one ponders how he/she can exercise that right if he/she has to subject himself/herself to unreasonable conditions first.

In addition, this Bill and its restrictions can only point us to the fact that the government intends to stifle dissent of the people who express themselves through street protests. One would also suspect that such a proposal was drafted in the memory of the previous Bersih 2.0 rally, which was organised to advance the cause of having a free election (much to the embarrassment of our government who had handled the situation poorly).

As the rushed Peaceful Assembly Bill is already at its second reading, a quick and drastic action must be taken. A strong message with the force of changing federal lawmakers’ actions must be sent across collectively. At this rate, any delay or indecisiveness will only permit this Bill to be passed into an Act. As this Bill only requires a simple majority from Parliament, any opposition or proposed amendments in the parliamentary debate by opposition lawmakers will have insufficient effect or inadequate persuasion for this Bill to be thoroughly reviewed. Hence, a mass collective voice is urgently needed. More so from the organisation that eats, sleeps and breathes the law (i.e. the Bar Council).

Legal practitioners are bound by the Legal Profession Act 1976, and one most important provision which defines the very soul of this noble profession lies in section 42 (1)(a) which states that:

“(1) The purpose of the Malaysian Bar shall be —

(a) to uphold the cause of justice without regard to its own interest or that of its members, uninfluenced by fear or favour.”

Therefore, let us, as lawyers (and pupils alike), pursue the cause of justice by protecting the very fundamental human right that is the right to freely assemble! Let us show to the public the true reason why the legal profession is said to be a noble one by upholding and promoting just laws and fundamental legal principles in accordance to our moral and legal obligation! Let us also demonstrate to the lawmakers, without fear or favour, our opposition (as readers of the law) against such a restrictive Bill!

Fellow honourable members of the Bar, regardless of the location you reside or practise in, let us step out of practise momentarily and appear on November 29, 11.30am at the Royal Lake Club in Kuala Lumpur to object against this Bill that threatens the supremacy of the Constitution, rule of law and respect for basic human and individual rights!

* Low Teck Kuan reads The Malaysian Insider.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

This is what you call a "Bankrupt and Desperate" politician

I was catching up with all the news for the past few weeks since the afternoon, and it shocked me when i read this piece of news.

Zaid Ibrahim actually lodged a police report against Karpal Singh. and for what reason? He alleged that Karpal Singh had "threatened" him. That Karpal had made a statement which contains serious threats to his safety.

Malaysian Insider never really wrote what Karpal said previously, so i did some checking in other news portal and found out that Karpal had issued a statement saying this:

“As Anwar's defence counsel, I am warning all quarters, including politicians, not to defy Justice Mohamed Zabidin's (Mohd Diah) reminder that anyone committing an act of contempt in the ongoing trial will face the music. Any act by anyone, however, subtle, to influence the decision of a judge in an ongoing trial amounts to contempt of court."

now, how is this a threat to his personal safety again?

I can perhaps, force myself a little to understand if a laymen who went to the streets protesting against the Court's ruling interprets Karpal's statement as a physical or personal threat. but Zaid Ibrahim? the lawyer who founded one of the largest law firm in Malaysia? you got to be kidding me!

first and foremost, how on Earth did Karpal's statement amounts to a threat to his safety?

was it directed to him? or did Karpal merely issued a general warning to all who tried to pressure Anwar into giving his DNA? even if Karpal was indirectly warning Zaid about it, how did a valid legal threat (if ever Karpal or the Court decide to charge him for contempt of court) to which Zaid will have the opportunity to defend himself, become a threat to his personal safety?

secondly, what offence will the police pursue to investigate Karpal anyway? even if the police were to forcefully open an investigation and charge Karpal in court for the so called "threat to his personal safety" will they be able to establish a prima facie case in the first place?

surely Zaid, as a former practising lawyer himself would consider all this before lodging a police report?

but no, like an illiterate or an uneducated person he went on to stretch his imagination so wide and desperately so as to gain back his political relevance, did the unthinkable by bringing his supporters to the police station and lodged a formal complain against Karpal. i really do not know whether the intention was to get into the headlines, or score against Karpal. but one things for sure. it is certainly foolish to do so. with more statements and illogical actions such as these, I simply think that he is branding himself as an irrelevant politician.

and this is what you call a bankrupt and desperate politician. its petty and sad really, he could have become a real powerhouse in the political arena. he had so much of respect from the people including myself. but by his own actions Zaid has truly threw all those respects that people had about him away

this picture depicts how truly principled, the public perceived Zaid as previously.

i kinda regret purchasing his autobiography a couple of years ago. i really admired him last time. but like many others i'm really really disappointed with him. i feel like i was fooled into believing that he's one of the rare principled politician around here. obviously i was wrong. and proved wrong by none other than Zaid Ibrahim himself.

Proxy Voting? Why not implement automatic voter registration?

Election Commission recently announced that they are considering the implementation of proxy voting here in Malaysia.

Now as much as I've always been skeptical about the EC, this is actually a pretty good idea mooted by them.

What is a proxy vote actually? Proxy voting means that in the event one person cannot cast their ballot on the Election Day, that person may apply to appoint another person to cast his ballot for him.

the benefits? it simply provides alternative to voters to cast their votes. in fact it is pretty noble of the EC to put the interest of the voters first.

however, before we take an extra step to help the current voters to better cast their votes, why not help the non-registered voters first? before we reinforce the current values of having a better voting process, why dont we fight and lobby for the right to be a voter without being registered?

In Switzerland citizens who attained the age of 18, is automatically registered as a voter. This is good, as firstly, it throws away the hassle of getting yourself registered and secondly, it saves administrative costs and time in processing the registration.

Here in Malaysia, it is not easy to register as a voter. To do so you will need to either go to any Suruhanjaya Pilihan Raya (SPR) state offices (only 1 office in every state), or look for a post office, or ultimately look for a Assistant Registrar who is appointed by the SPR (on the recommendations of every political parties and a number of NGOs)

From my experiences, most people will avoid Post offices. Simply because its too time consuming to get a number and wait for your turn to get yourself registered. Half of them wont even consider SPR offices as its simply too inconvenient. and so many are dependable on Assistant Registrars who normally open registration booths in shopping malls, pasar malam or any other crowded public places.

and even if you do get yourself registered, you will need to wait for at least 5-6 months before you're registered into the system. and there are no other ways to check the status of the registration other than waiting impatiently for 6 months. and after 6 months, these voters have to re-register themselves if they cant find their names here.

Hence, the current options provided to voters are simply too insufficient. and implementing automatic voters registration will eradicate these problems. so before the EC suggests any new ideas to expand the current system, i think its better for them to consider improving it first.

xxxxx

on another note, Khairy is a bankrupt politician for trying to steal the limelight when Anwar challenged PM Najib for a debate. Khairy claimed that Anwar is not at Najibs "level", and that it will be good enough for Anwar to debate him instead.





pic taken from MsianInsider


Just to clarify certain things, it is Khairy himself who is not at Anwar's level. By convention, the opposite of the Prime Minister will be the Opposition leader in Parliament. Hence it is justified for Anwar to issue the challenge to Najib, instead of issuing to other people such as the UMNO Youth Chief. and why would Anwar want to debate with an outgoing Member of Parliament anyway?

funniest thing is, after PKR Youth agreed to send Rafizi Ramli to debate with Khairy instead, Khairy kept a complete silence on this issue.

so who's the coward?

Ratings on My Career Achivements

I have a habit of reviewing my performances before the new year. and well again its almost end of the year!

Last year despite the fact that I obtained my Law degree, i only rate my achievement at around 6 out of 10. Education achievement is something that everyone has, so no big deal.

This year? judging by the fact that it took me longer to get my Certificate in Legal Practise, (which i dearly hope that the results will be out next week) i would probably again only give it a 5 out of 10.

 Pic with Tony Pua, an extremely hunble politician. Prefers people to address him by his name rather than "Sir" or "YB"

meet friendly Faisal Mustaffa.

I still have one research work due for Nie Cheing, and another article due for Tony. lets hope i can finish the research before New year so that i can start my 2011 afresh! Will commence my chambering next month at Messrs Shook Lin & Bok so i'm gonna focus all my time into my new career!

here's some entertainment for you ;) an appetite spoiler! watch our "First Lady" 's love song for PM before its taken down!

If Tomorrow Never Comes

In a nutshell...

Funny joke by Art Harun!

A son asks his father, "What can you tell me about politics? I have to learn about it for school tomorrow." The father thought some and said, "OK, son, the best way I can describe politics is to use an analogy. Let's say that I'm a capitalist because I'm the breadwinner.

Your mother will be the government because she controls everything, our maid will be the working class because she works for us, you will be the people because you answer to us, and your baby brother will be the future. Does that help any?" The little boy said, "Well, Dad, I don't know, but I'll think about what you said."

Later that night, after everyone had gone to bed, the little boy was awaken by his baby brother's crying. Upon further investigation, he found a dirty diaper. So, he went down the hall to his parent's bedroom and found his father's side of the bed empty and his mother wouldn't wake up. Then he saw a light on in the guest room down the hall, and when he reached the door, he saw through the crack that his father was in bed with the maid. The son then turned and went back to bed.

The next morning, he said to his father at the breakfast table, "Dad, I think I understand politics much better now." "Excellent, my boy," he answered, "What have you learned?"

The little boy thought for a minute and said, "I learned that capitalism is screwing the working class, government is sound asleep ignoring the people, and the future's full of crap."

Irrelevant news made relevant

Now now i really do not understand the big hu-ha on the recent "astronaut" who got married

instead of highlighting more important matters or concerns such as this, the news of our first astronaut getting married became national headlines!

what is his contribution to our nation anyway? other than becoming the first Malaysian "space tourist" proudly sponsored by the Malaysian Government? in fact, we should not forget that it was an incentive included by the Russian Government back in 2003, in their effort to lobby and persuade us to buy 18 Su-30MKM fighters. (Which we did. For a whopping US$900 million) 

if i remember correctly, this part time model was also sent to space for some research in which he was assigned to do. where is the result anyway? 

i dont doubt his efforts or bravery to go through so much just to get selected as the first Malaysian astronaut, but certainly highlighting his marriage has no contribution or whatsoever to our nation.

if the media are so keen to give him so much coverage, they should also perhaps publicise the recent marriage of YB Er Teck Hwa, who burst into tears thanking his parents during his marriage! i think that this news is equally as good as the space tourist one, and should be highlighted as well. at least it showed that he's a filial politician, which will aid his constituent in evaluating him

By the way, i got curious and did some checks and found out that India and Vietnam purchased the same fighter jets as well. India bought 40 same fighter jets with $1.6 Billion in 2007, while Vietnam purchased four jets with $100 million in 2003.

Now, if we do some simple calculations, dividing the total purchase amount with the total number of jets, India bought one jet for $40 000 000 while Vietnam 25 000 000/jet. However for us, Malaysia we bought one jet for &50 000 000! and thats an additional $ 10 000 000 compared to India!

so really, this is one of the reason why i disregard any news that comes out of this space tourist. Coz sponsoring his trip to space just costs too much of our taxpayers monies!

How to scare away investors – the Perkasa Way

I like this article.

"Finally, it is the height of political stupidity to call for a Chinese Perkasa to meet the irrational and racist challenge of the Malay Perkasa. Whoever made that demand or issued a statement to that effect clearly needs to go back to study Political Ethics 101 which is that you do not fight darkness with equal darkness but with light and reason."