An Open Letter To Malaysian Indians

http://escapefromindia.wordpress.com
December 3, 2007

I stand against any discrimination of any human being in any parts of the world. But when it comes to HINDRAF outrage in Malaysia there are some questions one should ask to Hindu Action Right Force officials. As an Indian, I believe ethnic Indians in Malaysia, still enjoy more rights than Indian citizens who is living in their own country. Since the living standards of Malaysia is far higher than India, I agree that Hindus in Malaysia need a better deal. As a community with migrant history, majority of Malaysian Indians are Hindus while it also include a minuscule Muslim, Christian and Sikh presence. The so called “Indian” heritage in Malaysia cannot be limited with Hindu minority in Malaysia.

Unlike Malaysia, discrimination against Indian citizens in India have a multitude of factors. One is the religion and the other is caste factor. After the British left in August 1947, the higher caste Hindu elite, effectively ruling the nation for the past sixty years. According to the Indian census of 2001, the total population was 1.028 billion. Hindus numbered 827 million or 80.5 %. About 25 per cent, or 24 million, of those Hindus belong to Scheduled Castes and Tribes. About 40 per cent, or 400 million, are “Other Backward Castes”. 15 per cent belonging to the three upper castes. Dominant group of Hindu nationalists come from the three upper castes who constitute about 10 per cent of the total Indian population but controle the civil service and economy. And thus the caste system virtually leaves lower caste Hindus to an oppressed minority.

Considering the media manipulation techniques, time line and nature of the hindu outrage in Malaysia, there are many reasons to believe that HINDRAF and Uthay Kumar is closely associated with RSS, a Hindu Taliban who already spoiled India’s social fabric with fascist propaganda accompanied with communal riots.

RSS is the Hindu-supremacist organization that has fueled a rise in anti-Dalit, anti-Muslim, anti-Christian and anti-Sikh violence. The former ruling party, the BJP is the political arm of the RSS and helped fascism to spread across civil, defence and educational steams of the society. The caste system and the fact that the government machinery is basically controlled by this Hindu-centric group means that violence against victims largely goes unpunished.Let us look at the statistics of Indian Muslims in India it self. Unlike Malaysian Hindus, Indian Muslims have not arrived from outside.

Recently, Justice Rajinder Sachar Committee report admitted that 138 Million Muslims across India are severely under-represented in government employment, including PSUs. Ironically, West Bengal, a communist ruled state reported 0 (zero) percent of Muslims in higher positions in its PSUs. A Muslim child attends school for three years and four months, compared to the national average of four years. Less than two percent of the students at the elite Indian Institutes of Technology comprise of the Muslim community. Malaysian Indians are not the original inhabitants of the country, Indian Muslims are from the same racial and ethnic groups as their compatriots. And still they face discrimination in the world’s largest democracy called India.

Let us not forget that, Malaysia’s ethnic Indians are mostly from the southern Indian state of Tamil Nadu, an impoverished land lagging with illiteracy and feudalism. The poverty in Tamil Nadu which is mostly caused by traditional hindu caste system compelled them to move Sri Lanka, where they are now in war with their own hosts, Sinhalese. Do Tamil community in Malaysia want to do the same rebellion to their own host in Malaysia, the Malays? Indian workers form the third largest foreign work force in Malaysia, with 140,000 of them seeking out a living there. Most of this migrant workers are the relatives of Malaysian Indians who already hold a Malaysian Passport. Why do they bring them to Malaysia? Here are some Indian facts:

India accounts for 40 per cent of the world’s poor and its fiscal deficit is one of the highest in the world. Almost half of Indian women are still illiterate; about 40 million primary school-age children are not in school.

About 20 per cent, or 200 million, are religious minorities. Muslims constitutes 138 million or 13.4 per cent, Christians 24 million or 2.3 per cent, Sikhs 19 million or 2 per cent, Buddhists 8 million or 0.8 per cent and Jains 4 million or 0.4 per cent. “Others” numbered 6.6 million or 0.6 per cent. Christians provided education at all levels to other religious groups without prosyletisation. According to Tahir Mahmoud, an Indian Muslim journalist, “The 2.3 per cent Christians in the Indian population cater to 20 per cent of all primary education in India, 10 per cent of all the literacy and community health care, 25 per cent of all existing care of destitutes and orphans, 30 per cent of all the handicapped, lepers and AIDS patients etc”.

According to the National Human Rights Commission, as on 30th June 2004, there were 3,32,112 prisoners in Indian jails out of which 2,39,146 were under trial prisoners. That’s more than 70 per cent. India’s jails hold a disproportionate number of the country’s minority Muslims, a sign of discrimination and alienation from the Hindu majority.

Hindu upper caste men, who constitute just eight per cent of the total population of India, hold over 70 per cent of the key posts across newsrooms in the country. The so-called twice-born Hindu castes dominate 85 per cent key posts despite constituting just 16 per cent of the total population, while the intermediary castes a represent meagre three per cent.

The Hindu Other Backward Class groups, who are 34 per cent of the total population, have a share of just four per cent in the Indian newsrooms. Muslims, who constitute about 13 per cent of the population, control just 4 per cent top posts while Christians and Sikhs have a slightly better representation. But the worst scenario emerges in the case of Scheduled Castes (SCs) and Scheduled Tribes (STs) : Based on CSDS study, 2006 India’s subordinate courts have a backlog of over 22 million cases while the 21 high courts and the Supreme Court have 3.5 million and 32,000 pending cases (2006) There were 13 judges for every million people. Merely 7.8% Muslim employees working in Judicial sector of 12 high-Muslim population states surveyed by Sachar Panel.

According to the UN High Commissioner for Human Rights, India has the highest number of street children in the world. There are no exact numbers, but conservative estimates suggest that about 18 million children live and labor in the streets of India’s urban centers. Mumbai, Delhi and Calcutta each have an estimated street-children population of over 100,000.

The level of child malnutrition in India is among the highest in the world, higher even than some countries in sub-Saharan Africa, says the report ‘Extent of Chronic Hunger and Malnutrition in India’ by the UN’s special rapporteur on the right to food (2006)

When it comes to Human Rights issues in India, it is not ratified the Convention against Torture, its citizens do not have the opportunity to find recourse in remedies that are available under international law. The victims are trapped with the local Hindu caste system, which in every aspect militates against their rights. Many victims conclude that a justice system accessible to the poor of the land does not exist at all.

Do the ethnic Indians in Malaysia want to come back to India? I bet none of them will come back to this sinking ship called, India. Instead of asking for more rights they should come out of their caste system and narrowness. Let them learn to respect their hosts, the Malaysian people who provided better than their “Shining India”. Only such an attitude will bring them prosperity. Let them not forget the millions of impoverished Indian citizens living in their own country.

Remember that India cannot offer you food or job except some useless political support which merely aired in the media.

http://escapefromindia.wordpress.com
December 3, 2007

Mr Lee Suffers A Case
Of Prolonged Gila Talak

A Kadir Jasin

THIS is addressed to Singaporeans. Malaysians and others are, of course, not prohibited from reading and responding, but the priority is to Singaporeans.

I mean those Singaporeans who are members and supporters of the People’s Action Party. Yes, those of you who gave 66.6 per cent of the votes to the PAP in last year’s general elections. Thank to your votes, the PAP won 45 out of 47 contested seats.

And those of you who are not members and supporters of the PAP. Yes I mean those of you who gave 33.3 per cent of the votes to the Oppositions. Thanks to your votes, the Oppositions won two out of 47 contested seats.

Even those who are neither members nor supporters of the PAP and the Opposition are also invited.

By this I mean the ordinary Singaporeans who loyally serve in the National Service and who believe that Malaysia is the number one threat.

The ordinary Singaporeans who enjoy crossing the congested Causeway to buy cheap petrol in Johor Baru – cheap by way of exchange rates as well as purchasing power parity (PPP).

And I am not discriminating against those fiendish Singapore drivers who charge down the North-South Highway in their super fast Subaru Impreza WRX STI Type C as if traffic rules and regulations don’t apply to them.

To them, I say thank you for visiting Johor Baru, which according their great Minister Mentor Lee Kuan Yew was the “murder capital of the world”.

Thank you for visiting Malacca, Kuala Lumpur, Penang, Langkawi. Temenggor Dam and Kuantan. Thank you for patronising the famous Port Klang "pork bone tea" aka bak kut teh restaurants.

Most of all, I am thanking you for not swallowing hook line and sinker what Mr Lee tells you about big bad Malaysia. Had they listened to him, they would not have come to Malaysia.

Malaysia may not practice the Singapore version of meritocracy. Then again, even in Singapore not everybody enjoys the same degree of equality. Some are more equal than others. But I won’t dwell into that because I know you know your country better.

I know you keep coming to Malaysia because you feel pretty much at home in Malaysia. The bak kut teh sellers are not the “favoured” Bumiputeras. They are the Teochews, Hokkiens and Cantonese. Of course they are Malaysian Teochews, Hokkiens and Cantonese.

Eating and selling pork are haram for the Muslims. So the Bumiputera, the majority of whom are Muslims, are automatically excluded from that business. So is gaming and alcoholic beverages.

Pig rearing, gambling and alcoholic beverages are important business activities in Malaysia. Pig farmers are so powerful that they could force the Malacca state authorities to back down.

Malaysian leaders may, from time to time, proclaim Malaysia to be an Islamic state. But that does not stop the government from issuing lucrative gambling franchises to Malaysian Chinese and Indians.

They are so big and successful that they are now setting up shops in Singapore. Soon you no longer have to travel to Genting to gamble. You can just have to walk across to Sentosa Island.

When you’re tired of racing your Mercedes S Class and BMW 6-Series on our highways and have had enough of the Klang bah kut teh, you know you can check into one of our many world-class hotels, which incidentally are very rarely owned by the “favoured” Bumiputera.

So why am I saying this and why am I being extremely nice to you? Because I want you be totally aware that not everything Mr Lee tells you about Malaysia is true.

Most off all, I want to assure you that whatever we do – good, bad or indifferent – is not intended to coax Mr Lee to rejoin Malaysia.

We have no intention of inviting Singapore back nor are we about to consider remarrying Singapore even if Mr Lee is suffering an extended case of “gila talak” – longing to be reunited with one’s former husband or wife.

After 42 years of divorce, we have grown fond of living without Mr Lee as our strange bedfellow. Two years of living Mr Lee is quite enough.

I am sure very few of you would want Singapore to be part of Malaysia again. Singapore is wealthy. It’s clean and is doing well. Why bother rejoining the poorer Malaysia?

Why should you want to lose the pleasure of going to a foreign country to buy cheap petrol, eat bah kut teh to your hearts’ contend and race your Mitsubishi Evolution X without the fear of losing your driving licences?

Please do me a favour. Please help Mr Lee overcome the “gila talak” syndrome and tell him to stop meddling in Malaysia's domestic affairs.

We don't need him to lecture us and he should accept the fact that he "lost" Malaysia way back in 1965.

http://malaysia-today.net/blog2006/index.php?itemid=9147

Ahemm... (Now) 'I know
what you did last summer'

Jeff Ooi

December is summer for Australia, which lies in the southern hemisphere.

Last December, Johor -- the bastion of Umno -- had the worst floods since 1969, causing at least 17 deaths and damaging multi-million worth of laymen's properties and belongings.

Kota Tinggi, the constituency for Umno and Foreign Minister Syed Hamid Albar, was in deep waters coded Red Alert by the meteorological department.

Then, people were grumbling that our YBs were out of town, and the PM was engaged to open a nasi kandar shop in Perth, which was closed down swiftly months after.

The country was in remote control control mode, and Screenshots had a record of this.

Ten month had passed and only now do we know what our PM did last summer when Johor was in floods.

The testimony came from Datuk Seri Jean Todt, Datuk Michelle Yeoh's fiance, via The Star (Lifestyle, October 8, 2007):

“Sailing is something I need time for. Maybe in the future, I might go sailing in a boat. Last Christmas and during the New Year, I sailed on a boat with the Prime Minister (Datuk Seri Abdullah Ahmad Badawi) in Australia and it was a great experience. I’m not an expert. I do follow the America’s Cup, but for me, racing cars is more exciting.”

From the mouth of Ferrari Boss... SOURCE: The Star (see PDF here)

Christmas 2006 and New Year Day 2007 coincided with the climax days of the Big Floods in Johor.

From money politics to moral politics, pardon the movie, now we know what you did last summer, Mr Prime Minister.

http://malaysia-today.net/blog2006/index.php?itemid=9088

Branded Watch Shop Robber's
Photofit Released To Media

KUALA LUMPUR, Oct 14 (Bernama) -- A photofit of the robber who robbed a watch shop selling branded watches on the first floor of Suria KL shopping complex at Kuala Lumpur City Centre (KLCC) on Friday was released to the media Sunday.

Kuala Lumpur CID chief SAC II Ku Chin Wah said the suspect in his late 30s, between five and six feet tall, thin, fair complexion with wrinkles, was clad in a dark blue shirt and white jeans.

"We release the photofit based on the footage of the closed-circuit television camera installed at KLCC.

"Findings of the suspect's thumbprints being analysed now will be known in a few days," he told reporters at the Dang Wangi district police headquarters.

Ku said the security guard who was shot in the stomach by the armed robber while making his escape after grabbing about 30 expensive watches was in stable condition at Kuala Lumpur Hospital.

He said police were liaising with their Singapore counterpart in investigating the robbery as the robber's Hyundai Sonata getaway car bore a Singapore registration number plate.

Earlier, reporters were shown a CCTV footage of the suspect loitering around the outlet.

The footage showed the robber checking out the outlet's location from the escalator on the first floor before going down to the ground floor.

He then went up to the first floor and barged into the shop. The recording also showed the suspect walking briskly clutching a plastic bag with the loot.

It also showed a salesgirl chasing the robber.

In the 7pm heist, the robber had casually walked into the outlet on the pretext of a customer and told a salesgirl that he wanted to buy a Rolex watch.

He said he wanted to look at several trays of watches on display, each watch worth about RM20,000 to RM30,000.

However, most of the watches were recovered when the robber dropped 21 of them while running to his getaway car with an accomplice at the wheel.

Anyone with information on the robbery can contact the Dang Wangi district police headquarters at 03-20702222 or investigating officer ASP R. Anandan at 03-20766299 or 019-3227766 or SMS Ku at 012-8362224.

-- BERNAMA 14 Oktober 2007-10-15

Comment:

A Singapore Chinese involved in a robbery in Kuala Lumpur? This is interesting. Don’t you think so?

THE CORRIDORS OF POWER

The Yang di-Pertuan Agong of Malaysia

[http://www.malaysianmonarchy.org.my/]

Article 32(1) of the Federal Constitution provides that there shall be a Supreme Head of the Federation to be called the Yang di-Pertuan Agong. His Majesty shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under Part XV (Articles 182 and 183). The Constitution also provides that the Raja Permaisuri Agong shall take precedence next after the Yang di-Pertuan Agong.

Present Agong: His Majesty Seri Paduka Baginda Al-Wathiqu Billah Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah

The Status and Powers of The Yang di-Pertuan Agong

Articles 32(1) and 32(2) of the Federal Constitution state that:

32. Supreme Head of the Federation, and his Consort

(1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under Part XV.

(2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.

Articles 182 and 183 of the Federal Constitution provide that:

182. The Special Court

(1) There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or High Court appointed by the Conference of Rulers.

(2) Any proceedings by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under Clause (1).

(3) The Special Court shall have exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the cause of action arose.

(4) The Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by this Constitution or any federal law and shall have its registry in Kuala Lumpur.

(5) Until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any High Court and the Federal Court shall apply in any proceedings in the Special Court.

(6) The proceedings in the Special Court shall be decided in accordance with the opinion of the majority of the members and its decision shall be final and conclusive and shall not be challenged or called in question in any court on any ground.

(7) The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of any act, under any written law, that may be occasioned by this Article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law.

183. No Action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney-General personally

No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney-General personally.

The Position of The Yang di-Pertuan Agong (and the others in order of priority)

1. Yang di-Pertuan Agong.
2. Raja Permaisuri Agong.
3. Nine (9) Rulers and Acting Rulers.
4. Four (4) Yang Dipertua Negeri.
5. Former Raja Permaisuri Agong receiving Royal pension from the Federal Government.
6. Prime Minister.
7. Deputy Prime Minister.
7A. Courtesy - Heir Apparent (Tengku Mahkota/ Raja Muda).
8. Members of the Darjah Utama Seri Mahkota Negara (D.M.N.).
9. Members of the Seri Maharaja Mangku Negara (S.M.N.).
10. Members of the Seri Setia Mahkota (S.S.M.)
10A. Courtesy - 10A. The Four Dato Undang of Negeri Sembilan and Tengku Besar Tampin, Negeri Sembilan.
11. Chief Justice of the Federal Court.
12. President of the Senate.
13. Speaker of the House of Representatives.
14. Former Prime Ministers.
15. Former Deputy Prime Ministers.
16. Members of the Cabinet.
17. Secretary to the Cabinet Chief Secretary to the Government.
17A. Courtesy - Menteri Besar and Chief Ministers.
18. Attorney-General.
19. Chief of the Armed Forces Staff.
20. Inspector-General of Police.

Executive Functions (Article 39)

Although the Constitution (Article 39) accords the Yang di-Pertuan Agong with executive authority, subject to the provisions of any federal law and of the Second Schedule of the Constitution, Parliament may by law confer executive functions on other persons.

Except as otherwise provided for by the Constitution as regards his position and authority, the Yang di-Pertuan Agong usually acts in accordance with the advice of the Cabinet or more specifically, of the Prime Minister, in the exercise of his functions. However, the Yang di-Pertuan Agong is entitled to and at his request, any information concerning the government of the Federation which is available to the Cabinet.

Although the Yang di-Pertuan Agong is to act on the advice of the Cabinet or of a Minister or after consultation with or on the recommendation of any person or body of persons (other than the Cabinet), His Majesty may act in his discretion in the performance of the three following functions, that is to say:

1. The appointment of a Prime Minister;

2. Consent or the withholding of consent to a request for the dissolution of Parliament;

3. The requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honor and dignity of Their Royal Highnesses, and any actions at such a meeting.

The appointment of a person (a Member of Parliament) as the Prime Minister is based on his ability to command the confidence of the majority of the members of the House of Representatives. The appointment of members of the Cabinet and Deputy Ministers is made on the advice of the Prime Minister.

Articles 39 and 40 of the Federal Constitution state that:

39. Executive Authority of Federation

The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable subject to the provision of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive functions on other persons.

40. Yang di-Pertuan Agong to act on advice

(1) In the exercise of his functions under this Constitution, or under federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government which is available to the Cabinet.

(1A) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with that advice.

(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:

(a) the appointment of a Prime Minister;

(b) the withholding of consent to a request for the dissolution of Parliament;

(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honour and dignity of Their Royal Highnesses, and any action at such a meeting,

and in any other case mentioned in this Constitution.

(3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or a body of persons other then the Cabinet to exercise any of his functions other than:

(a) functions exercisable in his discretion; and

(b) functions with respect to the exercise of which provision is made in any other Article."

Judicial Functions

The Yang di-Pertuan Agong also plays a significant role in the judiciary. It is the responsibility of the Yang di-Pertuan Agong to appoint the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, the judges of the Federal Court, the judges of the Court of Appeal and the judges of the High Courts on the advice of the Prime Minister after consultation with the Conference of Rulers. His Majesty may also appoint any person qualified as a judge of the High Court to be a Judicial Commissioner (who has the powers of a High Court judge) on the advice of the Prime Minister after consultation with the Chief Justice of the Federal Court (a transitional stage before being appointed as a High Court Judge.)

Apart from the abovementioned powers, the Yang di-Pertuan Agong may also extend the tenure of office of a judge who has reached the age of 65 years. However, such extension shall not exceed six months after he has attained the age of 65 years. A judge of the Federal Court may resign his office at any time by writing under his hand addressed to the Yang di-Pertuan Agong.

On the matter of removing a judge from office, the Federal Constitution provides that the Prime Minister or the Chief Justice of the Federal Court after consulting the Prime Minister may make representations to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed from office on the grounds of breach of any provisions of the code of ethics or on the grounds of inability to discharge the functions of his office owing to infirmity of body or mind or any other cause. After receiving such representations the Yang di-Pertuan Agong shall appoint a tribunal and may on the recommendation of the tribunal remove the judge from office.

It should be noted that the Yang di-Pertuan Agong is not vested with the authority to remove a judge from office of his own free will. Only after receiving representations made by the Prime Minister or the Chief Justice of the Federal Court and on the recommendation of the tribunal, may the Yang di-Pertuan Agong remove a judge from office.

However, the Yang di-Pertuan Agong may act in his discretion to either accept or reject the recommendation of the tribunal to remove a judge or to allow the judge to continue in his office.

POWERS TO PROCLAIM EMERGENCY

His Majesty the Yang di-Pertuan Agong having been satisfied, in accordance with Article 150 of the Federal Constitution, that a grave state of emergency exists threatening the security, life, economy or public order in the Federation or in the States, may issue a Proclamation of Emergency.

Article 150 of the Constitution provides that:

150. Proclamation of Emergency

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2a) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2b) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2c) An ordinance promulgated under Clause (2b) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2b) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2b) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2b).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer of authority thereof.

(5) Subject to Clause (6a), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6a) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution:

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2b) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of

(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);

(ii) the continued operation of such Proclamation;

(iii) any ordinance promulgated under Clause (2b); or

(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.

OTHER IMPORTANT DUTIES OF THE YANG DI-PERTUAN AGONG

Supreme Commander of the Armed Forces

His Majesty the Yang di-Pertuan Agong is the Supreme Commander Of the Armed Forces as provided for in Article 41 as follows:

41. Supreme command of the armed forces

The Yang di-Pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.

Power of Pardon

The Yang di-Pertuan Agong is also seen as the fountain of mercy. He is vested with the power to grant pardons and reprieves in respect of offences triable by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan. This is provided for in Article 42 of the Federal Constitution.

The Special Position of the Malays and Natives of Sabah and Sarawak

One of the important duties of the Yang di-Pertuan Agong is to safeguard the special position of the Malays and natives of Sabah and Sarawak. This is clearly stated in Article 153 (1) of the Federal Constitution as follows:

153. Reservation of quotas in respect of services, permits etc., for Malays and natives of any of the States of Sabah and Sarawak

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

http://malaysia-today.net/blog2006/corridors.php?itemid=8423

Petition to The Agong

Malaysia Today is going to send a Peoples’ Petition (Petisyen Rakyat) to His Highness The Yang di-Pertuan Agong. I really do not need to go into the host of reasons for the dire need of this Peoples’ Petition. Amongst some of the issues which are of concern to the Malaysian people are:

1) The recent shooting of two people in Kuala Terengganu.

2) The reported gang clashes in Kuala Lumpur, Penang and Johore over the 50th Merdeka celebration holiday that resulted in a few deaths.

3) The Auditor-General’s report that revealed gross and blatant abuses and transgressions in the management of the peoples’ money involving billions of Ringgit.

4) The state of affairs in the Royal Malaysian Police where even the former IGP Tun Hanif Omar admitted that corruption is a serious problem.

5) The state of affairs in the judiciary where senior judges have been bypassed in many promotion exercises in favour of candidates with blemished records.

6) The breakdown of law and order and allegations by serving police officers, who have signed Statutory Declarations or Affidavits, that the organised crime syndicate is running the police force.

7) The dangerous and alarming racial and religious divide.

8) Abdullah Ahmad Badawi’s implication in the Oil-for Food scandal.
9) The need for electoral reforms as proven by the incidences of gerrymandering and phantom voters in the many general elections before this and which will continue and prevail in the next general election.

Our concern is not confined to just these nine issues above but suffice that these nine demonstrate the urgent need for this petition. The actual text of the petition will be properly worded to meet the protocol requirements of a letter that is addressed to The Agong but the spirit of the petition will encompass the above.

If you support this Peoples’ Petition, please sign it in the blog below. You need not add any comments. In fact, we do not need your comments. Just add your name to it. If you do not support it then no need to do anything.

(Those not registered in Malaysia Today but would like to sign the petition just send me an e-mailed at raja.petra.kamarudin@gmail.com with the message "Signed" and your name.)

Mahathir Cheerful
After Successful
Coronary By-Pass Surgery

KUALA LUMPUR, Sept 6 (Bernama) -- Tun Dr Mahathir Mohamad's condition is improving after successfully undergoing a five-hour coronary by-pass operation at the National Heart Institute (IJN) on Monday.

The 81-year-old former prime minister regained consciousness yesterday but is still in the intensive care unit (ICU) for post-operative observation.

Rural and Regional Development Minister Datuk Abdul Aziz Shamsuddin who visited him this morning said Dr Mahathir's wife, Tun Dr Siti Hasmah Ali, told him that her husband was looking cheerful.

"I only managed to speak to Dr Siti Hasmah outside. Tun (Mahathir) was resting in the ward. She also looked very cheerful and spirited.

"We will continue to pray for Tun's speedy recovery," he said.

It was the second by-pass surgery for Dr Mahathir after the first one on Jan 24 1989.

Meanwhile, an IJN statement here says that Dr Mahathir has made significant progress and has been breathing on his own without respiratory support since 2.10pm yesterday.

"He is fully conscious, alert and able to converse with his family members. He is currently undergoing intensive physiotherapy to optimise his respiratory functions.

"In addition, Dr Mahathir is also doing light exercises of his arms and legs. His vital parameters continue to be stable," it says.

However, he will remain warded at the ICU for continuous observation.

The statement says that Dr Mahathir has been started on a liquid diet since this morning and after 48 hours of close monitoring by doctors and nurses at the ICU, the IJN is satisfied with his progress.

However, visitors are still confined to immediate family members.

-- BERNAMA

ATM Must Update Strategies
To Check Foreign Threats - Agong

KUALA LUMPUR, Sept 6 (Bernama) -- Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin Thursday urged the Malaysian Armed Forces (ATM) to be sensitive to global challenges by updating and realigning its strategies.

He said failure by ATM in planning suitable strategies could expose the nation to threats from foreign elements.

"Threats against the nation do not only come in the form of military invasion but also via communication, social and culture," he said at a royal parade and presentation of appointment letters to 220 cadet officers at Universiti Pertahanan Nasional here today.

The Agong said in planning suitable strategies, the ATM personnel should be equipped not only with military know-how but also all disciplines of knowledge.

He said over-dependent on foreign powers had led to the collapse of several countries adding it should serve as a lesson to Malaysians who should strive to protect the sovereignty.

Also present were Deputy Prime Minister Datuk Seri Najib Tun Razak, ATM Chief, Jen Tan Sri Abdul Aziz Zainal and Chiefs of the Royal Malaysian Army, RMN and RMAF.

-- Bernama

IJN Media Statement:
Mahathir Remains Stable

Institut Jantung Negara, 5 September, 2007: YABhg Tun Dr Mahathir bin Mohamad remains stable following close overnight observation by doctors and nurses at the Intensive Care Unit of Institut Jantung Negara.

Doctors are happy with his rate of progress which is as expected in post-bypass surgery. All his vital parameters, thus far, are also stable as anticipated.

Tun Dr Mahathir is still however, within the crucial intensive observation period and will continue to be warded at the ICU.

IJN will continue to issue updates as and when there is significant change in Tun Dr Mahathir’s condition. Visitations continue to be confined to immediate family members only.

Attention Now On Second Phase
Says Mukhriz

KUALA LUMPUR, Sept 5 (Bernama) -- The attention now was on the second phase (post-surgery) for Tun Dr Mahathir Mohamad's recovery and the family hoped it would go smoothly and safely, said his son Datuk Mukhriz Mahathir.

Mukhriz, the fifth child of former prime minister Tun Dr Mahathir Mohamad, 81, who underwent a successful second coronary bypass surgery at the National Heart Institute here Tuesday, said the doctors gave 48 hours for Dr Mahathir to regain consciousness and get past the critical stage.

"This recovery phase is a "lifeline" for dad, because anything can happen during this time. So we need to pray harder and give special care and attention for him to pass this second test.

"The doctors said my father's situation is stable and that his heartbeat and pulse are normal. Tun (dad) can regain consciousness any time, we will keep the media informed of developments from time to time," he told reporters when met at the hospital's lobby Tuesday night.

Mukhriz, 43, also said that his mother Tun Dr Siti Hasmah Mohamad Ali was very thankful to all Malaysians for their prayers and well wishes that this surgery would go smoothly.

He said Siti Hasmah was deeply touched by the SMS messages and e-mails of support the family received from Malaysians of all walks of life.

"She was so delighted when I showed her the SMSs and e-mails. Our family is very thankful to everyone for their concern," said Mukhriz, who is also an Umno Youth executive council member and chairman of its International Relations and Non-governmental Organisations Bureau.

He added that the doctors would not allow anyone to visit Dr Mahathir during this period as he needed a lot of rest and had to be monitored closely.

Dr Mahathir underwent his first coronary bypass operation on Jan 24, 1989 at the Kuala Lumpur Hospital.

-- BERNAMA

This summary is not available. Please click here to view the post.

A Successful Bypass Surgery:
Tun Mahathir Now In ICU


MEDIA STATEMENT
FOR IMMEDIATE RELEASE

Institut Jantung Negara, 4 September... YABhg Tun Dr Mahathir bin Mohamad has successfully undergone coronary bypass surgery at the Institut Jantung Negara (IJN) today.

Currently Tun Dr Mahathir is warded at the Intensive Care Unit of the IJN where his condition will be observed for the next few days as is routine in post-bypass surgery. The next 48-hours is the crucial period in his post operative care and hence he will be under close observation in Intensive Care Unit by a team of doctors and nurses. Overnight, he will be fully sedated.

Earlier, Tun Dr Mahathir was taken into the Operation Theatre Complex at 8.45am where immediate family members were allowed to see him before he was brought into the Operating Theatre. The operation commenced at 9.40am and was completed at 3.05pm. He was transferred to the Intensive Care Unit at 3.30pm.

Doctors are happy that the procedure progressed as anticipated and his vital parameters thus far are stable.

Tun Dr Mahathir was operated on by a panel of surgeons led by Tan Sri Dr Yahya Awang. The other members of the surgical team are Chief of Cardiothoracic Surgery of the Mayo Clinic, Prof Dr Hartzell Schaff, Dato Dr Rozali Wathooth, Dato Dr Azhari Yakub, Dato Dr Venugopal Balchand and Dr Mohamed Ezani Mohd Taib.

The anaesthetic team led by Dato Dr Mohd Hassan Mohd Ariff included Dr Sharifah Suraya Syed Tahir, Dato Dr Syed Abdul Aziz Syed Zain and Dr Nor Azlina Abdul Jalil.

The panel of doctors is headed by IJN’s Medical Director, YBhg Dato Seri Dr. Robaayah Zambahari and includes consultant nephrologists Dato Dr Zaki Morad Mohd Zaher, Dr Ghazali Ahmad and consultant gastroenterologist, Dr S Ganeshanathan.

Tun Dr Mahathir had been admitted to Institut Jantung Negara on Sunday for the elective coronary bypass surgery.

IJN will continue to issue updates as and when there is significant change in Tun Dr Mahathir’s condition. Doctors have also advised against Tun Dr Mahathir receiving visitors apart from immediate family members.

Dr Mahathir Operated On At 9.30am
Says His Special Officer

KUALA LUMPUR, Sept 4 (Bernama) -- Former prime minister Tun Dr Mahathir Mohamad underwent his second coronary bypass surgery at the National Heart Institute (IJN) here at 9.30am today.

The operation by a team headed by his former cardiac surgeon, Tan Sri Dr Yahya Awang, is expected to take four to six hours, his special officer Sufi Yusoff told Bernama.

He said Dr Mahathir was wheeled into the operating theatre at 9am.Dr Mahathir, 81, underwent a coronary bypass operation at the Kuala Lumpur General Hospital on Jan 24, 1989 following a heart attack.

Meanwhile, his daughter Marina in her blog, "RantingsbyMM", said the operation team would be assisted by Dr Hartzell Schaff, chief cardiac surgeon at the Mayo Clinic in the US."Dr Schaff has operated several times with Tan Sri Yahya at IJN before," said Marina.

She said that in December 2005, Dr Mahathir had a check-up by the IJN team led by its medical director, Datuk Seri Dr Robaayah Zambahari, who is currently heading the panel of doctors attending to Dr Mahathir, and the decision then was that he did not need surgery again."

However, after three episodes in fairly quick succession since, this decision was relooked at. Hence two weeks ago, he went in for some tests and an angiogram to determine the next course of action after which this decision to redo the bypass was made."

At 82 (Dr Mahathir will turn 82 on Dec 20), he is probably the oldest person to have a redo in Malaysia although Dr Schaff has done plenty in the US," she said.

Dr Mahathir, who retired in October 2003 after 22 years in office, was admitted to IJN on Aug 18 for a routine check-up and underwent comprehensive cardiac tests. He was discharged two days later.

On May 14, he was admitted to the Intensive Care Unit of the Langkawi Hospital after complaining of breathing difficulty and was flown to Kuala Lumpur for further treatment at IJN the following day.

Five days later, he was transferred out of IJN's Coronary Care Unit (CCU) to the Bunga Raya ward and discharged on May 24.On Feb 11, Dr Mahathir was admitted to IJN for a day after a bout of flu.

The former prime minister was admitted to the institute for mild myocardial infarction (mild heart attack) on Nov 9 2006 and discharged on Nov 14.In 1999, Dr Mahathir was admitted to IJN to rest and undergo full treatment for a lung infection which he suffered after returning from performing the haj.-- BERNAMA

An Appeal To The Malay Rulers

Ibnu Hakeem

Ke Bawah Duli Duli Yang Maha Mulia Raja Raja Melayu,

All temporal power in the land is derived through the will of the people.

After 50 years of being sidelined, and with the country now being hijacked by the corrupt, the mentally inept, the sleepy, and the cowards, the Malay Rulers are at last being recognised as that other necessary arm of power sharing in our Constitutional Monarchy. We have always called ourselves a Constitutional Monarchy based on the Westminster model of Parliamentary Democracy. Only now are we beginning to appreciate the value of the Malay Rulers.

The power to rule the country is divided between the Executive, the Parliament, the Judiciary and, last but not the least, the Malay Rulers. Due to the skewed nature of our election results (caused by our skewed voting behaviour) the Parliament has become completely subservient to the Executive. These two combined have totally overwhelmed the Judiciary. The end result is that the Executive is supreme.

But all this is possible only and only with the connivance of the population. The population expresses its willingness in this connivance through the ballot box. It is the will of the people that gives the Executive complete rubber stamp authority over Parliament as well as the Judiciary.

Until now, the will of the people ignored the role of the Malay Rulers. Until now, of course. The populace now recognises that it has created a monster and the populace has little chance of getting rid of this monster that it has helped create. Hence the will of the people is changing.

The will of the people is now reverting to the Malay Rulers to save the people from the clutches of the mentally inept, the corrupt, the sleepy, and the cowards. The country is most certainly going down the toilet.

Bus drivers will not be driving buses for the Merdeka weekend and the Hari Raya holidays because too many are on drugs, have serious traffic violations, or even have criminal records. A corrupt system kept them driving buses right off the road. When people start dying in large numbers, the breakdown in the system comes into the open.

The tuition teachers are on strike because a corrupt and inept system which makes a mockery of the schools made it necessary for tuition centres. Now, with the tuition centres being shut down, who is going to teach the children?

The Police are caught between a rock and a hard place. They do not know whether to work for the good of the people or for the crooks and the gangsters.

The Prime Minister has made Australia his second home. He has also gone overseas 83 times (and counting) in just three years in power. The Prime Minister's favorite phrase is 'I dont know'.

The Ministers and the high and mighty are robbing the country blind. The Iskandar Corridor is a fake. The Northern Development Corridor is another fake. The Prime Minister's son, son in law and their cronies are set to make billions from land development in these areas.

Vast amounts of tax payers savings in EPF, SOCSO, Tabung Haji, LTAT and in the GLC's are being used to speculate on the Stock Market which is now crashing. The Prime Minister who is also the Minister of Finance says 'I dont know'.

The Government machinery only works when enough money is used to grease its rusting wheels. Hawker permits, building approvals, college accreditations, drivers licenses, lorry permits can all be had for a price. Pay and you shall get.

Murder cases can be totally and completely mishandled if you can pay enough money. The Judges and the Public Prosecutors can all be bought.

The country is going to the dogs. It is a question of time before there is complete break down of law and order.

The Malay Rulers cannot wait for the situation to worsen further. The Malay Rulers cannot wait for the people to get down on their knees and beg the Malay Rulers to save them.

The Executive has no power. Parliament has no power. The Judiciary has no power. Power resides only with the people. Power resides where the people decide to place it. Right now, the people are turning to the Malay Rulers to intervene to save the country. The people will empower the Malay Rulers. The Malay Rulers cannot ignore the people at this most crucial time.

The Malay Rulers have it in their power to dismiss the Executive. There are sufficient provisions in the Federal Constitution to allow the Malay Rulers to fire the Executive. If the Malay Rulers choose to exercise this authority, the people will support the Malay Rulers.

If the Malay Rulers do not intervene now, the population will suffer. The country will be thrown into chaos. If that happens, history will ultimately question the role of the Malay Rulers.

The Prime Minister is not a leader. He is a monyet. He has to be replaced and all his henchmen thrown out.

To be born into real leadership is not a privilege. It is a commitment, a duty, and an awesome responsibility. That shall be the Daulat. To save the nation is paramount. The Malay Rulers must act decisively now.

Daulat Tuanku.

http://malaysia-today.net/blog2006/letters.php?itemid=7598

US Planning Sale

Of Precision Bombs
To Singapore

WASHINGTON: The US Defence Department said on Friday it was tentatively planning to sell Singapore up to 84 precision-guided bombs for its F-15 fighter fleet as part of a military package deal valued at up to USS200 million (RM700 million).

Singapore has requested up to 28 Guided Bomb Unit-10 and 56 GBU-12 precision-guided munitions along with 126.000 20mm practice round cartridges, crew training in the US and related items, the department told Congress.

"Singapore needs these munitions to support its F-15 aircraft," the Pentagon's Defence Security Co-operation Agency said in a notice required by law for a potential arms sale.

It said the bombs would give Singapore, a staunch supporter of the US military presence in the Asia-Pacific region, "a credible defence capability while avoiding the col-lateral damage associated with conventional gravity munitions".

Singapore would be able to "develop mission-ready and experienced aircrew" for Boeing Co F-15s through the latest phase of longstanding pilot training in the United States, the notice said.

The notice does not mean a deal has been concluded.

Congress retains the power to reject a proposed sale but rarely does so. — Reuters

The New Sunday Times 26 August 2007

Diana WAS Pregnant When She Died

Mark Reynolds in London and Ian Sparks in Paris

An investigative journalist, formerly of the reputable Paris Match magazine, claims to have uncovered the explosive proof from archives at the hospital where the Princess was taken after the crash on the night of August 31 1997.

The document has previously remained hidden for 10 years due to “ethical and privacy” concerns, according to respected investigative reporter Chris Lafaille.

The journalist makes the shocking claims in a new book called Diana, the Inquiry They Never Published to coincide with the tenth anniversary of her death later this month.

He said: “It is a near certainty Diana was nine to 10 weeks pregnant at the time she died, according to papers from the Paris Public Hospitals archives.

“The document dated August 31 1997 was sent to the then minister of the interior Jean-Pierre Chevenement, with copies to health minister Bernard Kouchner, foreign affairs minister Hubert Vedrine and Paris police chief Martine Monteil.”

He added: “It has never been claimed or proved to be a fake.”

The revelation would explain why the Princess was illegally embalmed in the hours after her death. The process, carried out contrary to French law, meant any potential pregnancy test results would have been rendered invalid.

The pregnancy claims address one of the key questions set out by the coroner to be answered at the inquest into Diana’s death, which is due to begin in October. Coroner Lord Justice Scott Baker recently listed 20 key issues he intends to explore during up to six months of hearings.

www.express.co.uk/posts/view/17094/Diana-was-nine-weeks-pregnant-when-she-died

http://www.thetruthseeker.co.uk/article.asp?ID=7054

More Singaporeans Willing
To Let Docs Pull The Plug


SINGAPORE, Aug 25 (Bernama) -- Singaporeans are becoming more receptive to the idea of signing living wills indicating that they do not want their lives artificially prolonged should they become unconscious while terminally ill, local media reported.

In the first half of this year, a total of 1,429 people signed the Advance Medical Directive (AMD) to indicate their wishes should they come to such a stage, reported The Straits Times.

In the past two years, 3,486 signed the AMD, as compared to 2,512, who did so over an eight-year period since 1997.

Most of the people who signed the will to let the doctor pull the plug are in their 40s, 50s and 60s, the report said.

Singapore Health Ministry launched a series of campaign since early this year encouraging Singaporeans to make an AMD.

The report quoted Health Minister Khaw Boon Wan as saying that "because you don't talk about it, by the time patients are dying or not able to express themselves, the burden is left to family members."

As part of the campaign, the ministry distributed booklets in English, Mandarin, Malay and Tamil to all hospitals and clinics to explain about AMD.

Inside the booklet are AMD forms and a prepaid envelope to make it easier for Singaporeans to send the forms to the registrar of AMDs.

According to the Health Ministry, AMD is voluntary and is not euthanasia or "mercy killing", explaining that euthanasia is a deliberate ending of the life of a person suffering from an incurable and painful disease by unnatural means, such as the administration of lethal chemicals.

"An AMD acts as advanced instruction for your doctor not to prolong your life with extraordinary life-sustaining treatment, and to let the dying process take its natural course when you become terminally ill and unconscious," said the ministry in its website.

Singaporeans aged 21 and above can make an AMD by filling up a form, sign it in the presence of two witnesses, one of them a doctor, and send it to the registrar of AMDs.

The AMD form is free but a person may have to pay the doctor whom he or she needs to consult before signing the AMD.

- BERNAMA

Comment:

I wonder if LKY supports this campaign. Singaporeans should find out about it. Or, is it not possible that even the Health Minister himself dare not and has not sign the AMD? In Malaysia, we have a description for such an act – cakap tak serupa bikin!!!

Najib Takes Two-Week Leave

KUALA LUMPUR, Aug 13 (Bernama) -- Deputy Prime Minister Datuk Seri Najib Tun Razak is on a two-week leave from today.

His Press officer Tengku Sarifuddin Tengku Ahmad said, Najib and his wife, Datin Seri Rosmah Mansor, would be overseas.

"Datuk Seri Najib and Datin Seri left KLIA (KL International Airport) at 10am today," he told Bernama here, adding that the date of Najib's arrival home would be announced later.

-- BERNAMA
http://www.bernama.com.

Comment: A few weeks ago Prime Minister, Datuk Seri Abdullah Ahmad Badawi and wife left the country in a “very mysterious manner”. And now, his deputy and wife, also left the country to an undisclosed destination. Even “the date of Najib's arrival home would be announced later.” This is rather strange, isn’t it? – Ruhanie Ahmad

Malaysia Threatens
Detention-Without-Trial
For Bloggers

The Nation

Malaysia has warned web bloggers not to write on "sensitive issues" relating to religion or politics, threatening to arrest wrongdoers using a security law that allows detention without trial, official reports said Wednesday.

Minister in the Prime Minister's department, Mohamed Nazri Abdul Aziz, said the government would not hesitate to use the draconian Internal Security Act, as well as the Sedition Act, against irresponsible bloggers. Both laws allow for indefinite detention.

"I want to issue a warning that the time has come for us to take action against them (bloggers).

"We have the right and we will do it. We have been very patient," Mohamad Nazri was quoted as saying by the official Bernama agency.

Mohamad Nazri's comments, which came in parliament late Tuesday, were in response to several articles on a local blog which the government claims contained disparaging comments against the king as well as Islam, the country's official religion.

http://www.malaysia-today.net/index.shtml

Malaysia Cracks Down
On bloggers, Faces Criticism

IT News, Australia

A press freedom watchdog has criticised Malaysia after police in the mainly Muslim nation grilled an Internet-based writer over postings the ruling party called an insult to Islam and a bid to stir racial tension.

Scathing Internet criticism has embarrassed Prime Minister Abdullah Ahmad Badawi's government several times this year, whether over complaints of corruption among senior officials or scurrilous talk about the private lives of others.

The New York-based Committee to Protect Journalists was concerned over the eight-hour interrogation of the founder of the Web site Malaysia Today over a complaint by the United Malays National Organisation (UMNO) that leads the ruling coalition.

"We call upon the Malaysian authorities to immediately cease harassment of Internet journalist Raja Petra Kamarudin," Joel Simon, executive director of the panel, said in a statement.

"Any new laws tailored to censor the Internet would represent a significant step backward for press freedom in Malaysia."

Raja Petra saw the campaign against bloggers as a bid to keep complaints about corruption out of the public eye at a time of growing expectations that Abdullah's government could hold early general elections, as soon as early 2008.

"Bloggers are begining to get a very wide readership and a lot of the things authorities would like hidden no longer stay hidden, so they find they are losing a lot of credibility."

Raja Petra said he was questioned about reader comments posted on his Web site, rather than his articles on corruption among police and government officials.

"The bottom line is, what you post in the comments section may get me sent to jail under the Sedition Act," he said.

http://www.malaysia-today.net/index.shtml

A Comedy Of Errors

Raja Petra Kamarudin

Yes, guilty as charged. I have stolen this line from Shakespeare. But I can’t help it. What better way to describe the eight hours I spent under interrogation at the Dang Wangi Police Station yesterday other than it was a comedy of errors? By the way, before I go on, I have received more than a thousand phone calls, SMSes and e-mails from well-wishers and supporters. I have not found the time to reply to each and everyone yet so I hope you will forgive me for my rudeness. I am certainly touched by the concern and the messages of support posted in Malaysia Today’s blogs. From the bottom of my heart, and with sincere humility, I thank you all and promise you that the fight for more freedom in Malaysia shall continue come hell or high water.

I received a call from the police at 8.00am yesterday that they want to record my statement on the police report lodged by an ex-Selangor Menteri Besar with two Muhamads in his name. I saw the phone call coming and was not only expecting it but was hoping that they would summon me for interrogation so that I can expose this entire episode for the farce that it really is. In short, I pushed their hand with the ‘See you in hell Muhamad son of Muhamad’ article so that they would be forced to make their move on me.

They wanted me in at 10 but I told them I can only make it at 11. I wanted to update the website first in case my visit to Dang Wangi ends up a two-week stay.

According to the press reports, the police report made against me was with regards to an article I wrote on 11 July 2007 that they regard as insulting the Agong and Islam. By the way, in case you did not know, Malaysia does not have a king so please stop referring to the Agong as King. Agong does not translate to king. Agong means supreme and it merely means he is the Supreme Ruler of the nine rulers, a sort of ‘first amongst equals’ situation.

I brought along two shopping bags of four copies of the Quran in Arabic, English and Bahasa Malaysia, the Salasilah or family tree of the Selangor Sultanate, and an ‘approved’ version of Selangor’s history written by Buyung Adil. I could of course have also included Joginder Singh Jessy’s, DJ Tate’s and Winsted’s versions as well, but I thought the Buyung Adil version, which is in Bahasa Malaysia, would be less strenuous on the more simple-minded.

The police informed me that my interrogation was not about my article of 11 July 2007. In fact, on 11 July 2007, I never wrote any article. I did on 8 July though and again on 13 July, but never on 11 July. According to what the newspapers reported, I was alleged to have insulted the Agong and Islam, so the purpose of the two shopping bags of books was to debate Islam and the Agong with those who were about to interrogate me. But they did not want to talk about any of my articles. They only wanted to talk about some of the comments in the blogs posted by Malaysia Today’s readers.

I told the police I refuse to talk about the comments in the blogs. I did not write these comments so I refuse to talk about what I did not write. I only want to talk about what I wrote and defend myself against charges that I have insulted the Agong and Islam. But no, the police did not want to talk about my articles. They only wanted to talk about the comments in the blogs.

I told the police I still refuse to talk about the comments and if therefore they want to charge me for sedition under the Sedition Act then go ahead. I banged the table with my fist and shouted, “Charge me! Charge me now!” The police said that they do not wish to charge me yet but only to take my statement. I can refuse to reply if I wish or reply that I do not know anything. But they have no choice but to take my statement because a police report had been made against me.

It boggles the mind that they MUST take my statement barely two days after the police report against me was made whereas they do not feel they MUST do anything on the hundreds upon hundreds of other police reports made the last ten years or so since 1998. Take, as one example, the police report made by four Umno delegates to the Kubang Pasu AGM last year alleging that they were each bribed RM200 to not vote for Tun Dr Mahathir Mohamad. Malaysia Today published copies of these police reports. One of the Umno delegates who made the police report was subsequently beaten up in his house in front of his family. He made a second police report on the beating and even fingered those who had beaten him up because he knew them personally. Again, nothing was done. So this MUST take your statement once a police report has been made against you is as truthful as I am still a virgin.

When that ex-Selangor Menteri Besar with two Muhamads in his name went to the Dang Wangi Police Station on Monday to lodge his police report, he did not have any details to support the allegation that Malaysia Today had insulted the Agong and Islam. He was told that the evidence to support this allegation must be attached to the police report. They then tried to get onto the internet to access Malaysia Today so that they could look for the evidence. But they did not know how to and could not find Malaysia Today.

They then enlisted the help of a journalist from one of the Chinese newspapers who was there covering the event. Through the good help of this Chinese reporter, they finally found Malaysia Today and went through the comments in the blogs to find the evidence that they needed to support the police report.

Malaysia Today was launched on 13 August 2004 and since then we have about 20,000 or so items with an estimated five million comments in the blogs. Looking for the evidence would be like looking for a needle in a haystack. We must note that at this point of time they had lodged a police report but lacked the evidence. They were now putting the cart before the horse. They now needed the evidence to support the police report.

They finally found about a dozen or so postings amongst five million that looked strong enough to prove that Malaysia Today has insulted the Agong and Islam. One was my own posting that said if you insult any race or religion then I would have no choice but to delete your posting and ban you from further posting comments in Malaysia Today. Another was by Indianputra who was appealing to Malaysia Today’s readers not to fight and argue as some people might take advantage of the squabbling and exploit it to divide the races. What we want is a peaceful country, argued Indianputra, so if we engage in a civil manner then we will be able to unite all the races. And so on and so forth. Basically, this was the evidence they were working on to prove that Malaysia Today insulted the Agong and Islam.

I asked the police whether these postings are insulting the Agong, insulting Islam, and are trying to divide the races, or whether they are actually the reverse. The face of the ASP interrogating me turned red as he tried to explain that he was just doing his job and that he was ordered to take my statement. I replied that the person who made the police report is a stupid person who can’t speak English. So what do you expect from someone like that? He can’t even understand comments that are appealing for national unity and instead interpret it as calling for racial strife.

“Do you know that that orang bodoh ran away with the Sultan’s daughter and then denied it?” I asked the police. They just smiled. “Well, I am going to reveal this to the world,” I continued. “I am going to publish the letter he wrote to the Sultan where he denied he had married the Sultan’s daughter whereas he had in fact already secretly married her in Thailand. You tengoklah. I akan balun si bodoh tu habis-habis.”

The police appeared amused at what I had to say although their only retort was, “Banyak maklumat kita dapat hari ini.”

They then wanted to know the identity of those who post comments in Malaysia Today’s blogs. I told them I do not know who they are but I do know that amongst them are 25 Umno cyber-troopers headed by Azalina and Norza.

“Azalina?” they asked.

“Yes, Azalina lesbian,” I replied.

“Oh, Azalina Othman.” Apparently they know who I meant by Azalina lesbian.

“I did not say Azalina Othman. I said Azalina lesbian. You are supposed to record everything I say the way I say it. That is what a cautioned statement under Section 112 is all about. Saya kata Azalina lesbian. Bukan Azalina Othman. You record what I say and I will sign the statement.”

The second police officer stopped typing and scratched his head with a sheepish grin on his face. “Okaylah, I don’t want you to get into any trouble. Drop the lesbian and change it to Othman.” The second officer continued typing while chuckling. He was certainly enjoying himself.

I pointed out a few IDs that belonged to the Umno cyber-troopers and the second officer recorded them down. “How do you know they are Umno cyber-troopers?” the first officer asked me.

“Because I have received information from inside Umno,” I replied.

“You have people planted in Umno?”

“Of course I do, and I bribe them to feed me information. I just slam RM1,000 onto the table and ask them to tell me everything and they sing like a canary. It is not that hard to buy information.”

The four police officers in the room smiled and shook their heads in disbelief. “Can we record this in your statement?”

“Of course you can. The reason I am telling you this is so that you can record it in my statement. I want it on record that Umno is attacking Malaysia Today with 25 cyber-troopers and they are the ones who are posting racial statements. Sometimes they even masquerade as Chinese and whack the Malays and Islam. Then other cyber-troopers would respond and whack the Chinese. The Umno cyber-troopers are the ones behind this racial and religious bashing in Malaysia Today. Then they make a police report alleging that Malaysia Today insults Islam and stirs racial sentiments.”

All this exchange was of course recorded as anything you say under Section 112 interrogation is recorded and you are made to sign the statement at the end of the interrogation. And you go to jail if you make a false statement.

At the end of the eight-hour interrogation, I asked them whether we are finished and they said yes. “Okay, now I want to make my additional statement,” I informed the police.

“Of course, we will ask you before we end whether you want to add anything more to your statement. That is the procedure.”

“Okay, now I will make that statement. Malaysia Today’s domain name is registered in the UK,” I told the police. When you click on the domain name malaysia-today.net you are sent to the server of the registered IP address in that domain name. Our server is in Singapore. But what you see is only the front page. Then you choose which item on the front page you want to read and you are sent to the blog. The blog sits in the US. When you post a comment it goes straight to the blog. For all intents and purposes, Malaysia Today is a foreign website and not a Malaysian website. We therefore do not come under Malaysian laws.”

“Let me put it another way,” I told the police. “Sodomy is a crime in Malaysia and you can get sent to jail for nine years for the crime of sodomy even if you are a Deputy Prime Minister. In England, men can marry men and you will even receive a congratulatory message from the British Prime Minister. So, sodomy is not a crime in the UK and you do not go to jail.”

“In short,” I summed up. “Your Sedition Act is valid only in Malaysia and not outside Malaysia. So you cannot impose Malaysia’s Sedition Act on Malaysia Today which resides outside Malaysia. I can actually tell you to go to hell and that I will not waste eight hours answering all your questions. But I do not want you to think I am sombong so I was prepared to spend eight hours with you answering all your questions as I know you have a job to do and it is not your fault.”

I knew this officer was under tremendous pressure because every half an hour he would receive a phone call from his OCPD as well as the IGP asking about the progress of the interrogation. The top bosses were monitoring the whole situation and my interrogation was not a routine one at all. One senior Chinese officer who sat there the entire duration without opening his mouth revealed his true role when the only time he spoke was to utter the statement that I am trying to topple the IGP. That was what the police really wanted. It was payback time for the revelations of the links between the IGP and the Chinese organised crime syndicate.

Umno, however, had other motives. It was not about Malaysia Today insulting the Agong or Islam. They did not even have any evidence of this until that Chinese reporter helped them get onto the internet and access Malaysia Today’s website. What they were perturbed about is my article in my column No Holds Barred on 8 July 2007 about the powers of the Agong.

If you read Article 150 of the Federal Constitution of Malaysia -- which I have reproduced below -- you can see that the Agong has the power to remove the Prime Minister if the Agong perceives the Prime Minister as totally incompetent and a danger to the economic life and well-being of Malaysians. Of course, this has never been done before except in 1969 to address the problem of the May 13 race riots. But this does mean it cannot be done, just that it has never been done or done only once in 1969.

Note the key points in Article 150 such as:

1) If the Yang di-Pertuan Agong is satisfied
2) That a grave emergency exists
3) Whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened
4) He may issue a Proclamation of Emergency making therein a declaration to that effect.
5) A Proclamation of Emergency may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation
6) Except when both Houses of Parliament are sitting concurrently
7) The Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action
8) He may promulgate such ordinances as circumstances appear to him to require.
9) The Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together

Now, Article 150 is very clear in that the Agong can interpret the situation as he sees it and take action that he thinks is befitting the situation. Basically, it is his opinion and only his opinion that rules and he can act based on his opinion.

When this article was first published on 8 July 2007, it sent shockwaves right through the fourth floor and right up to the fifth floor of the Prime Minister’s office in Putrajaya. They suddenly realised that if the Agong perceives the Prime Minister as incompetent and a danger to this country, then the Agong can remove the Prime Minister and appoint anyone he so wishes to replace the Prime Minister. It need not be the Deputy Prime Minister or any of the Umno leaders. In theory, it can even be the Agong’s gardener if the Agong thinks he is better than the Prime Minister and the best man to lead this country.

And that was when Abdullah Ahmad Badawi decided to quietly sneak out of the country with his entire family. They suspected that this article of 8 July 2007 was not a coincidence but was instead a hint that the Agong may act within his powers under the Federal Constitution of Malaysia to sack the Prime Minister and replace him with someone better. The Prime Minister then summoned the IGP and the Director of the Special Branch to Australia to obtain feedback as to whether he is in danger of being ousted.

Earlier, Abdullah had announced the extension of the IGP's tenure on contract basis beyond 13 September 2007 when he is supposed to retire. Abdullah received a major blow yesterday during the Rulers' Conference when the Rulers expressed displeasure at Abdullah's announcement of this extension without first informing them about it. This was the Rulers' very strong message to Abdullah that they are not happy with the way he is running this country.

Abdullah is worried that Malaysia Today might be playing a role of ‘instigating’ the Rulers to sack him. They then sat down and came out with a plan to turn the Rulers against Malaysia Today by accusing Malaysia Today of insulting the Agong and Islam. They hope that by doing this the Rulers would get angry with Malaysia Today and be very grateful to Abdullah for putting Raja Petra in jail and in that same process protect and defend the image and dignity of the Rulers. In short, Abdullah wants the Rulers to think that Malaysia Today is their enemy while the Prime Minister is their friend. So, no need to sack Abdullah. Instead, put Raja Petra in jail. And with that Abdullah and his family can continue to live happily ever after as the First Family of Malaysia.

Abdullah is due back on 27 July 2007. According to his office, he may delay his return until the first week of August. Abdullah was hoping that by the time he returns on 27 July 2007, Raja Petra would be safely tucked away behind the high walls of the Sungai Buloh Prison and he can then request an audience with the Agong to inform the Agong how he defended the image and dignity of the Agong by punishing Raja Petra for the crime of insulting the Agong and Islam.

But they sent a fool to undertake the job of assassinating Raja Petra. This ex-Selangor Menteri Besar with two Muhamads in his name botched the mission. Abdullah now has to rethink his strategy as well as the date of his return home. Would he still be walking in the corridors of power or would he have to stay in Australia and apply for PR status? Yes, we live in interesting times. A certain Datuk from Abdullah’s camp phoned me last night and I told this Datuk to inform his boss that Raja Petra is bent on destroying Abdullah Ahmad Badawi and ensure that all that remains of him is a pile of dust. An Uncle to the Agong phoned me two days ago and said “Bodoh betul Mat Taib!”

Round One: Raja Petra. But will I also win Round Two? I don’t know yet. We will have to wait and see. Time will of course tell. But what I do know, it is a fight to the death and I really do not care whether that will be me.

Article 150 of the Federal Constitution of Malaysia

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2A) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2B) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2C) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2B) may be exercised in relation to any matter with respect to which Parliament has power to make laws regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extent to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, not-withstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or custom in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution:
(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and
(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of-
(i) a Proclamation under Clauses (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);
(ii) the continued operation of such Proclamation;
(iii) any ordinance promulgated under Clause (2B); or
(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.

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