Comment
Letter from Pulau Tikus
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Comment
Letter from Pulau Tikus |
Tiger PENANG IS GOING TO have a tiger park. It’s for eco-tourism. So quickly have we forgotten that George Town is a UNESCO World Heritage. So quickly have we forgotten that the priority is to preserve George Town, to prevent its deterioration. As any tourist guide will tell you, it is Penang’s sun and beaches that draws the crowds and recently, and astonishingly, guides found that China tourists simply love hawkers food. Why doesn't the state ask the tourist guides? Sungai Kelian Tanjong Bungah residents want the Sungei Kelian cleaned up. According to the residents association representations were made to the Koh Tsu Khoon’s administration but to no avail. Pakatan and law We must say that we agree with Goh Ban Lee in the Sun who said that it was wrong of Pakatan Rakyat state leaders, especially those who were members of the state executive council, to erect a "Democracy Plaque" in a public area on March 8 without permission from the Ipoh City Council. As lawmakers, they should adhere to the principle of rule of law. The plaque was erected under a raintree where the Pakatan Rakyat state assemblymen held an emergency sitting of the state assembly on March 3 when they were prevented from entering Bangunan Darul Ridzuan. They have also dubbed the tree as the "Democracy Tree". The Ipoh City Council was right to remove the plaque on March 15.... Besides, if the Pakatan Rakyat leaders flout the law, it will be difficult for them to expect others to be good citizens when they take over the state government again. |
| We add tp Goh Ban
Lee's remarks what we wrote previously about the
MB Nizar, that he should have obeyed the Perak Constitution and
resigned. The present signs make us uneasy about the future, the ban on the New Straits Times attending functions in Penang only adds to the gloom. Hunting the homeless Anil Netto has brought to our attention the plight of the homeless. This is an extract from his report: It is totally weird, bewildering and disturbing that certain politicians and members of the press see it as their patriotic duty to chase homeless people on the streets of George Town. Is it any wonder why these street people fear these rough “rescue operations” so much? Do those who are “rounding up” these people know where these street people are being sent to and what conditions are like there? The Social Welfare Department should ask itself why these people are so afraid of being “rescued”. Has anyone stopped and thought about the root causes of such homelessness and what kind of social safety nets we have? The press were there to cover the operations but that did not stop one press member from going on his motorbike in hot pursuit of a homeless person, already being pursued by the political secretary to the CM, no less. Reminds me of journalists “embedded” with US troops in Iraq and how they like to don army flak jackets and pretend they are part of the war too, while reporting from the US military’s perspective. Oh, what gallant “heroes” we have in our midst! Someone should award them medals for bravery, courage and patriotism beyond the call of duty. Perhaps these political and press “heroes” should visit the Lighthouse centre along Penang Road and speak to the volunteers there to find out how to approach street people without violating their dignity as human beings. And then actually talk to the street people. Then our “heroes” might begin to see a different picture and realise that these street people could very well have been their fathers, mothers, sisters or brothers. . (Ed. note: 62 vagrants and beggars were rounded up during a five-hour joint raid involving 89 workers from eight departments.) The Bar and the law We reproduce here Param Cumaraswamy's comments in the SUn on Datuk Mukhriz Mahathir’s question in the Dewan Rakyat on whether the government would amend the Legal Profession Act 1976 (LPA) to limit the jurisdiction of the Malaysian Bar to stop it from interfering in government business. (Datuk Param Cumaraswamy is former UN Special Rapporteur on the Independence of Judges and Lawyers.) |
| His question is
reminiscent of the dark days of the eighties. In
1981 when the Bar protested over the amendments to the Societies Act
including a march to Parliament House the government took the Bar
Council to task. The then home affairs minister was reported to have
said that the legal profession should decide whether it should remain
as law interpreters or lawmakers. One of the purposes of the Malaysian Bar provided in the Legal Profession Act then was: "to advise the Government and the Courts where necessary in matters affecting legislation and the administration and practice of the law in Malaysia." In 1983, in response to the protest of the Bar over the amendment to the Societies Act and other proposed legislation that particular purpose of the Bar was amended which now reads: "Where requested so to do, to express its view on matters affecting legislation and the administration and practice of the law in Malaysia". The thinking of our political masters then was politics and lawmaking were their domain to the exclusion of all others. They justified this on the grounds that they were the elected representatives and therefore they knew what was best for the electorate. The role of the legal profession must necessarily be wider than the traditional role of its members advising clients on legal matters and advocating their causes in the court. It will not only be a betrayal of society but a betrayal of the profession itself if the legal profession adopts a passive traditional role in society. Which other profession or section in the society that has the skill and understanding of the intricacies and niceties of the law and the constitution than the lawyers? In presenting legislation before Parliament politicians, being what they are, very often fail to realise and appreciate the implications and far reaching effects of their proposals. Even if they realise they are more concerned with the political exigencies of the situation. In the course, they are prepared to sacrifice well-settled principles for short-term political gains. Would not the profession fail in its duty to society if it fails to alert the people of the obnoxious features of such legislation? The Malaysian Bar collectively is duty-bound to uphold the cause of justice without regard to its own interest or that of its members, uninfluenced by fear or favour. This is expressly provided for as its first purpose in section 42 of the Act. Cause of justice includes the promotion and protection of human rights and fundamental liberties as provided in the UN Basic Principles on Role of Lawyers and the Vienna Declaration 1993 to which Malaysia too subscribed. These international instruments also provide for the legal profession’s right to take part in public discussions on matters concerning the law, administration of justice and promotion and protection of human rights. Indeed, the profession has a responsibility to educate the public about the principles of the rule of law, their rights and responsibilities in society and the available remedies, importance of the independence of the judiciary and when that independence is threatened to go to its defence. |
| In
this day and time when greater transparency and accountability are
expected from all public institutions, including the legislature and
its members, and with the advent of advanced information technology
Mukhriz would be well advised to come out of the shell of the dark days
of the eighties and be prepared to meet and respond to the enlightened
and discerning rakyat. Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz, too, is reminded that the government he represents is a government of the rakyat, by the rakyat and for the rakyat. The government should, therefore, take the rakyat into its confidence and make public proposed bills before presenting it in the Dewan Rakyat. Let there be a robust public debate on proposed legislation. That is what democracy is all about. (Editor’s Note: It will be recalled that Muhkriz is the UMNO big shot who said that reform of the judiciary was not a priority). Janet Jagan Janet Jagan a former president of Guyana has died. A white American, in 1943 she married an Indian dentist, Cheddi Jagan, from Guyana. Together they founded the Political Affairs Committee, which in 1950 became the People's Progressive Party (PPP). Janet Jagan was general secretary for the next 20 years. With a membership of Indians and blacks it led the demand for independence from Britain.. The PPP won the first elections. But this was at the height of the Cold War, London suspended the constitution in October 1953 and dismissed the government, on the grounds that the country was in danger of falling into Communist hands. Janet Jagan was jailed for six months in 1954, on civil disobedience charges, and was confined to the Georgetown area for two years after her release. In the 1957 elections the PPP was returned. Then one of the PPP’s founders, Forbes Burnham, a London-trained black barrister, led a breakaway to form the People's National Congress (PNC).The PNC, with backing from Britain, took the colony to independence in 1966, and the PPP was firmly excluded from power. The PNC rigged election after election, and turned the country into a virtually one-party "cooperative republic", with Burnham serving as executive President from 1980. But In 1992 Cheddi Jagan became President of Guyana, in the country's first free elections since independence. On the death of her husband in March 1997, Janet Jagan honoured his last wish and took over as Prime Minister and first Vice-President. She then led the PPP-Civic alliance to victory in the general elections of 1997, becoming the first democratically elected female president in South America at the age of 77. In August 1999, after she had suffered a mild heart attack, President Jagan resigned, and was replaced by her former finance minister, Bharrat Jagdeo. Doesn’t this story have a familiar ring? |
| (Our
thanks to Colin Harding from whose obituary in the Independent we
culled the facts) Changing England Jacqui Smith, the British home secretary, wrongly charged her husband’s 10 pound bill for pornographic films to her MP allowance account. She apologised. Husband also apologised. The prime minister did not ask for her resignation - she had apologised and that was enough. But did not satisfy her critics. But Guardian columnist Polly Toynbee thought Smith was the victim of a new wave of puritanism. 10 pounds was hardly a high crime. British politicians were among the cleanest in the world - a ranking of 16th out of a 180 nations according to Transparency International. Yet there was the excruciating public humiliation of the home secretary’s husband for watching a couple of porn movies. Subjudice Inspector-General of Police Musa Hassan has denied that the police had deliberately imposed a specific ban against raising the issue of murdered Mongolian national Altantuya Shaariibuu in the campaigns for the three by-elections. He said the ban covered all on-going court cases in order to avoid any elements of subjudice He added "We are not against any political party. They are free to say anything. But at the same time, they have to abide by the law. Otherwise, there will be chaos," he said. This is yet another instance of a lamentable ignorance of the law among the police today. Subjuduce is all about comments on a case going on in court which is considered an interference with the administration of justice, and it is the courts that consider whether such a contempt of court has happened, not the police. And, for the inspector general’s information it was really to prevent jurors from being swayed by the press. .But judges acting alone are presumed to be immune to public opinion, good or bad. Reporting democracy in the police state Lim Kit Siang MP is suspended from Parliament for saying UMNO is power crazy even as the PM is complaining that UMNO is intoxicated with power An assemblyman is arrested for showing a video on the “democracy tree” in Ipoh. 400 supporters of Hindraf at a police station to lodge a report and are met with chemical sprays. Tear gas is launched against an Anwar ceremah. The Election Commission refuses to register the Parti Socialis symbol for elections because, iy says, it has referred the matter to the Registrar of Societies for “clarification”. |
| With
the Batang Aid elections in the offing, PAS’s Harakah as well as
Keadilan’s paper are suspended for three months by the Abdullah Badawi
administration. . Penang chief minister wants to bar the New Straits Times from functions Malaysiakini is not issued with a pass to the AGM of UMNO Only 73 named UMNO leaders may attend school functions Bungor Penang state plans to plant more trees and the state forest department has drawn up a list. But the Lagerstroemia londonii (bungor), jokingly called Penang's "cherry blossoms" by a former director of the Botanical Gardens, is astonishingly missing from that list.# Go to the top |
| Sea gardens  Developers, emboldened by lack of comment on their claim to 'private' beaches, are now building gardens right out of the sea Haven't they been warned that everything, from the beach stretching out to the sea, belongs to the state? And what if the public picnics in that garden?  The current fashion: no trees at roundabouts Go to the top |
|
LESTARI HERITAGE NETWORK
www.lestariheritage.net for urban conservation |
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CLICK Fajar's sedition Fly Jentayu! Food guide In search of Gold (8) Letter from Pulau Tikus Mud-skippers Visiting Tanjong |
| _____________________ The Penang File Issue 65 |