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