Concerns
Rubbing Saudi
Shadows in Your Face The shaping of UMNO's Islamic state
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Concerns
Rubbing Saudi
Shadows in Your Face The shaping of UMNO's Islamic state |
| Residents
should keep Ipoh morally clean - Ipoh City Council President Press story 1: College student Lai Kar Leong, 20 , claimed he was talking and holding hands with his girl friend at the Ipoh Padang when' they were booked for "indecent behaviour" and summoned under the Ipoh Municipal Council Bylaws 1985 for Parks. On appeal to the Datuk Bandar the fine was reduced to RM30. Ramesh Chandran, 20, student was summoned for talking to a class mate at the stairway of the Tun Razak Library. The summons was cancelled as it was discovered that the incident did not happen in a park. Press story 2: College student claims he was walking with his girl friend at the Sultan Abdul Aziz Recreational Park when he was summoned for indecent behaviour and fined RM70 Later edict from the President ... Simple hugging or holding hands are not offences under the Ipoh Municipal Council 1985 bylaw on parks but not excessive hugging, groping or kissing We print below come comments which condemn the drft to the Talibanist moral crusade |
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Capital Punishment
is all right if it is not painful by MGG Pillai THE NATIONAL FRONT (BN) GOVERNMENT IS caught yet again in a bind. First, it extended the detention orders of the Reformasi 6, then it released them. It ordered that only one advanced payment system for highway tolls would be allowed from 01 June 2003, then postponed them. The Prime Minister, Dato' Seri Mahathir Mohamed, says, in his usual off-the-cuff manner, that Malaysian exporters should only deal in euros, since "that is 25 per cent stronger than the US dollar". Now, the Home Ministry threatens to raid private homes without a search warrant for pirated and pornographic videos. There is one common thread in all this: No one thought about it, someone suggested it, it would make good newspaper headlines, the minister or deputy minister concerned wanted his name in the media or show who is in charge, and promptly shoots himself in the foot. In the way these matters are handled here, all who have an interest in it rush to share the idiocy and media space. So, the deputy home minister, Dato' Chor Chee Heung, turns constitutional law on its head and orders enforcement officers to raid private homes, without a search warrant, for illegal and pornographic CDs and tapes. The raiding officers only need to show they had sufficient proof of banned items stored there. In the several assaults on the rights of Malaysian citizens, Parliament had decreed that such proof cannot be challenged or indeed revealed in a court of law. So what this means is these officers can barge into your home, when you are at work, and harrass your wife and family at their will, and take away material they have no right to. But who is there to protest? What shocked me is how those who ought to know better reacted to this further arbitrary reduction of citizen's rights and privacy. The Bar Council accepts the government's right to do what it wants but only with a search warrant "to protect individual liberty and privacy". As the Bar Council secretary, Dato' Mohamed Sofian Abdul Razak, explains "if we let them conduct a raid without a search warrant, where do we draw the line? Someone has to decide that a raid is justified based on the information given." In other words, if the government decides to smash the fingers of writers, the Bar Council is only concerned if they are removed under the law, not why, and protest only if a hammer or hack-saw is used, but not under proper medical supervision. In the Bar Council's considered view, this protects the individual's liberty and privacy. In other words, capital punishment is all right if it is not painful. The political parties are no better. The DAP, for instance, is concerned only if this right to barge into your home contradicts the Copyright Act 1987. The president of the Federation of Malaysian Consumer Associations, Prof Dato' Hamdan Adnan, is pleased that houses would not be raided at will, but not what this means to personal liberty and privacy. If he were to comment on what happened to the jailed former deputy prime minister at the time, he would no doubt tell the family that all this rubbish about him being beaten to a pulp is bosh, the Inspector-General of Police does not go about beating people at his whim; that if he did, then there must be a perfectly plausible and rational reason why. And the family had better produce proof before they make wild accusations like this. |
This kind of nonsense passes for public debate in this blessed country of ours. No one challenges the premise, usually faulty, but is, more often than not, on a hunch, in fright, to punish or other primordial emotions. The government allows public debate only if that debate is to praise it. Any public discussion of national or international issues is rarely allowed, and often harassed with violence and arrests if not. It is all right for UMNO to organise a march to the United States Embassy to protest the war in Iraq, but not for PAS and the other opposition parties. UMNO can hire the Bukit Jalil stadium for its rallies, and self-important individuals for their children's wedding parties, but when the Opposition wants to, much needed repairs had to be made. I have in recent years seen only one principled opposition to the government's plans: and that happened when Dato' Seri Anwar Ibrahim was sacked in 1998. That outflow of public emotion underlined a well-thought-out intellectual framework so well done that it caught the government flat-footed. The brilliance of that response was how it turned a seething political confrontation into a clash of personalities, one is jailed and the other doddering. But that did not last. The Anwar phenomena remains, but his heirs and lieutenants who manage it have lost their fire and even focus, and it needed his physical presence, as at his daughter's wedding last month, to rally the troops to keep the flame alive. The government gets away with it because it judged correctly the Opposition can, and would, do nothing, and is easily deflected. It is this inaction that turned Parliament into the impotent body it is: it is a truism that a rubber stamp make a better parliament in Malaysia but not parliament a better rubber stamp. The government had dictated the limits of what the Opposition can do. That succeeded so well that all that the opposition leaders are capable of today is to react. There are some honourable exceptions: the Parti Rakyat Malaysia and the unregistered Parti Socialis Malaysia. All others are guilty of neglect in one form or another. This is the bane of Malaysian political parties: no long term view forcefully articulated, event-based, and for short-term advantages. Which Malaysian political party has, for instance, a plan of what Malaysia can be in 50 years? In this climate, personal liberties and privacy of the individual can be shortened and destroyed at will. Laws and rules are enacted without proper debate or concern, omnibus clauses are inserted into constitutional amendments so that an unprincipled decision is taken by political parties that since what it wants in the omnibus bill is there, get that through and they shall deal with the obnoxious ones later. It is too late. So one is not surprised that no one cares for the deliberate and physical assault on our rights and citizenship. Once it was to punish rapists with death sentences and castration. That was the flavour of that month. The authorities rushed in and sent a few to life and worse. Every one, especially the women's organisations, clapped and cheered. All who opposed it, as one NGO activist told me, support or are rapists. And she was not facetious. The rapist has no rights, he deserves it, his defence should be dismissed or not take account of. He deserves to die, so why is he only sentenced to ten year's jail and caned only six times when the law allows for 24 strokes. When hysteria reigns, as in rapes and now pornographic and pirated CDs, it is yet another sign of individual liberties and privacy slowly and surely garrotted. |
| Aliran's concern ALIRAN views with deep concern the recent declared intention of Deputy Home Minister Chor Chee Heung to allow its enforcement officers to conduct raids into homes without warrants in their continuing nationwide campaign against smut and pirated VCDs. We are told that this would take place if they had reliable information that the number of such VCDs in any particular private home warranted such action. While the production and peddling of pornographic VCDs in Malaysian society deserves to be condemned, the proposed raiding of homes by the police without search warrants is totally unacceptable in a civil society. This proposal should rightly alarm all Malaysian citizens as it constitutes a flagrant invasion of our privacy. Any violation of this privacy cannot be tolerated and must be rejected outright We are not a police state and we must not behave as one. Equally serious is the fact that this newfound moral crusade could lead to serious abuse of power by the authorities concerned. Who among common citizens would really dare question the police as to the veracity of their so-called "reliable information" to warrant such invasion of our privacy? How do we determine the authenticity of these personnel? There have been numerous cases of imposters who passed off as police officers in full uniform and commited serious crimes in the past. There have been claims of false evidence having been planted in such raids to implicate innocent people who are not easily intimidated by the police or to fix someone because of some police grudge. It is also possible for someone with a motive to seek revenge by giving false information to get even. Can houses be raided when there is no one present? Even if someone was present, there would be no assurance that personal belongings would be safe. Usually the raiding party comprises a number of personnel who roam the premises at will and it would be well neigh impossible for this one person to accompany all of them at the same time. What happens if valuable items are stolen? Besides, giving the police such a free hand could lead to all sorts of unnecessary problems. Serious questions are being asked as to whether this is an attempt by the government under some false guise to conduct surveillance of sorts on sections of the general public. Such attempts could be aimed at the Opposition and those who are considered by the powers-that-be as critics and dissidents who could pose a serious threat to the Barisan Nasional. The current moral panic that is being magnified by the mainstream media appears aimed at justifying this invasion of privacy. It would also appear that it is meant to convince the public that the government is the guardian of good morals in our society. In short, the public may be hoodwinked into accepting - wittingly or otherwise - the government's green light for the police to raid homes. One wonders whether this campaign against pornographic and pirated VCDs - along with other moralistic measures taken in places such as Ipoh and Johor Baru - is a feeble attempt by the government to reclaim the moral high ground that was lost in the wake of the reformasi upheaval. If we can launch a campaign such as this with so much zeal and vigour so successfully, how is it that we are not able to mount a similar campaign with as much enthusiasm against corruption and abuse of power by the police? Executive Committee |
| MAYOR WITH MIXED MOTIVES? by Martin Jalleh DATUK SIRAJUDDIN SALLEH was handed the role of the Mayor of Ipoh by the powers-that-be in December last year. In other words, he was not selected nor voted in by the citizenry. There was much at hand to be seen to -- the collection of garbage, attending to lethal potholes, clearing clogged drains, maintaining public places of recreation, checking on the lazy and corrupt in the Ipoh Municipal Council. But Sirajuddin Salleh believed that he had been handpicked for a much larger role. He was going to be the hand of God -- the great enforcer of public morality Things have been getting out of hand in the parks in Ipoh. There have been too many incidents of hand-holding or handy-panky by courting couples. He even found a by-law which could be applied to all offenders (whatever their religion). To give his men some hands-on training, he sent them out hand-in-hand for their new mission...to the parks, padang...and perpustakaan! Surely, this new code of morality -- hands-free courting -- would give BN an upper hand over PAS. He would be handing Ipoh on a platter to the ruling coalition this coming elections. Further, it would no doubt earn him a handsome recognition from his superiors. It would come in handy for some future non-elected political appointment when his terms ends. But there was an uproar in Ipoh. Many of her citizens told Sirajuddin Salleh to keep his hired hands to himself and to put his hands where they should be. The mayor very quickly washed his hands and changed his tune when he received a clear "hands-off" message . He declared that simple hugging or holding hands are not offences under the Ipoh Municipal Council Bylaw 1985 on parks. He added the bylaw only applied to couples who engaged in indecent behaviour in parks such as excessive hugging, groping or kissing. Common sense says that it is not wrong to hold hands,ö he told reporters. "Common sense" was very uncommon amongst his officers who began issuing many a summons over the past months. (More than 30 summonses) "My enforcement officers are professionals and they know their work", he insisted. If his officers are so professional why would Perak Mentri Besar Datuk Seri Mohd Tajol issue a directive that the council cease taking action against courting couples. Sirajuddin also said, in general, most people would not admit they did anything wrong just as thieves would not own up. He urged those couples who repeatedly denied they had engaged in improper behaviour after being issued summonses to "tell the truth". Perhaps it is Sirajuddin who should be telling the truth behind his high-handedness. His handiwork has been carried worldwide by the British Broadcasting Corporation (BBC) Deputy Prime Minister Datuk Seri Abdullah Ahmad Badawi had recently declared that Malaysians who have a hand with foreigners in discrediting the country are a disgraceful lot . Should credit be given to those who discredit the country alone? |
| Living in fear IN A RECENT article carried in The Star newspaper, the Inspector General of Police Norian Mai was quoted as saying: "We can raid any premises, including houses, if they are used to store illegal items." The implication of the statement has made me wonder if we are heading towards a police state. Though the recent crackdown on VCD piracy and pornography is to be commended, I am sure many fair-minded citizens are against the police entering private homes without first getting a court order. With reliable information, surely the police can seal off the house while getting the warrant. The public's confidence in the integrity of the police is now at an all-time low and any extra powers for the purpose of checking criminal activities that are not life-threatening should be discouraged. Many people are wondering why the sudden efficiency in this fight against illegal VCD producers and traders. Is it more because of pornography or is it to prove to the world that we are serious in safeguarding intellectual property? If we are worried about the falling foreign direct investments, then the anti-West rhetoric of our leader is just as responsible, if not more. Having read the horror stories of those unfortunate people under detention, can we trust the police with absolute powers? Who is to check if they plant incriminating evidence to justify their raid? To prevent some black sheep policemen causing unnecessary hardship to innocent people, I would rather the police use more reasonable measures. In spite of the acknowledgement that the police do not have enough manpower, the use of their thinly spread facilities to carry out such raids as opposed to the patrolling of streets to prevent snatch thieves and burglaries, seems unjustifiable and inexcusable. (letter to Malaysiakini) |
| Shock From Mark Khoo, Ex-MCA member, Ipoh IT IS ANOTHER SHOCK to read the announcement by Deputy Home Minister Chor Chee Heung (of the MCA) that he has instructed the police to raid private homes to seize VCDs. First, it was the Ipoh Datuk Bander trying to play God by monitoring people's behaviour through his ‘moral cleansing' programme. Now, we have the MCA's Chor trying to turn Malaysia into a police state with his proposal to raid private homes (without a warrant) to seize VCDs. What's next? Hence, we voters must go all out to preserve whatever is left of our little human and moral rights in the next general election. As I said in my previous letter, at least PAS is honest and transparent with its intention to implement Islamic rules and practices. It seems that some MCA leaders are only interested in preserving their own ministerial positions, not the people's rights and interests. Just look at the whole Team A and Team B fiasco - it was all about a ministerial position for (now deputy president) Chan Kong Choy! The whole stupid fight was over a ministerial post! So, voters, we must know what to do at the next general election. Throw out the likes of Chor Chee Heung and all the other hypocritical moral guidance. It's time we send our message across to the arrogant Barisan Nasional, especially the MCA, that we will not tolerate such nonsense and that we want freedom to run our private lives. Even if we have to vote PAS, let it be as we know its people are sincere, honest and not corrupt. With the MCA, we have scandals after scandals. Its rotten fish head has been cut but the fresh fish is no better, being salted with the allegation of secret society connections. Voters should consider the following issues at the next general election: 1. The impotence of the MCA, which even requires Umno to decide on its party leadership. What a shame! 2. The increasingly frightening "moral cleansing" environment created by intolerant religious fanatics, and here, I would like to say that PAS is not fanatical but very honest and transparent. It is the various Umno mentri besars and their appointed datuk bandar who are making life very unpleasant for the people, especially in Ipoh, Shah Alam, Kajang, Petaling Jaya and Subang. 3. The increasing intolerence of religious fanatics in making life difficult for non-Muslims, such as the ban on the Iban bible and Christian books in Bahasa Malaysia. Till today, the Bahasa Malaysia bible is not allowed to be sold publicly even in Christian book shops. And the MCA's Chor Chee Heung, being a deputy home minister, is unable to do anything! He enjoys the privileges and prestige of the post but does only what he's told. 4. The rampant corruption in the unelected local councils, such as the Ampang and Kajang councils, who are led by cronies of the mentri besar. Life for the hawkers, squatters and other low-income groups, etc, are hard and bitter because of the constant unjustifiable enforcement actions of these councils who are only interested in protecting the rich and powerful businessmen. 5. The frightening implementation of a sort of police state proposed by MCA's Chor, where we are not safe from police harassment even within the privacy of our own homes. The many news reports of police brutality and abuse are also frightening. Good citizens are not assured of police protection and we can simply be pulled into a police lock-up without any just cause and be beaten up, abused or even killed as some news reports tell us. This is frightening. Finally, I do hope that Keadilan, DAP and PAS will work out a proper election campaign based on these issues to help stop or at least curb the further development of such frightening policies. Let us use our votes to make a change for the better! |
| Trust the magistrate DAP STATEMENT DAP CHAIRPERSON Lim Kit Siang today called on the government to issue a clear policy directive to stop any house-to-house search of pirated or pornographic VCDs without search warrant issued by a magistrate. This is to respect the higher interests of the right to privacy of citizens pending amendments to the Film Censorship Act to incorporate such safeguards, he said in a statement. Lim said he was surprised that the advice of Deputy Prime Minister and Home Minister Abdullah Ahmad Badawi last Tuesday that efforts to combat pornographic VCDs should focus on the manufacturers, distributors and dealers and not residential premises has been countered or ignored with statements by both the Deputy Home Minister Chor Chee Heung and the Inspector-General of Police Norian Mai who insisted that the police have the legal powers to enter private homes to raid for pornographic and pirated VCDs. Atrocious legislation "Legalistically, Chor and Norian are right as under Section 33 of the Film Censorship Act 2002, powers are granted for such raids on residential premises for pornographic or illegal VCDs if the police has "reasonable grounds to believe" that any VCD involving an offence under the Act is to be found in the premises. "This is, however, an atrocious piece of parliamentary legislation, as it gives dangerously excessive powers to the police to raid private homes if the police has "reasonable grounds to believe" that there is at least one pornorgraphic or illegal VCD, and makes nonsense of Section 32 on "Search and seizure with warrant", which spelt out the safeguards to protect civil rights before any such police raid or search is conducted. The DAP leader said that Parliament should not have enacted Section 33 of the Copyright Act which is now interpreted by Chor and Norian to justify house-to-house raids for pornographic and pirated VCDs which totally nullified the purpose of Section 32 to provide safeguards for citizenship and privacy rights from abuses of police powers. Parliament at its meeting starting next Monday should provide instant remedy for such a bad law, he urged. Frequent abuse of power Lim said the claim by Chor and Norian that the police have powers to raid residential homes for pirated VCDs cannot stand legal scrutiny, as pirated VCDs do not come under the Film Censorship Act 2002 but under the Copyright Act 1987, which provides under Section 41(1)(d) that no offence of copyright is committed for possessing a pirated VCD which is for "private and domestic use". "The most immediate issue at present is not the arguments about the legal powers of the police to conduct house-to-house raids for pornographic and pirated VCDs, but the citizenship and privacy rights of Malaysians from police intrusion and abuses of powers," he pointed out. "In recent times, police abuses of power at the expense of the citizenship rights of ordinary Malaysians have become so frequent and prevalent, with no satisfactory mechanism to remedy or to check them, that the civil society must speak up loud and clear to oppose any further extension of such dangerous police powers to conduct house-to-house search without magistrate warrant purportedly for pornographic and pirated VCDs," the DAP chief added. # |
Persatuan Peranakan Cina
Melaka
Founded 1900
The Association maintains a Clubhouse
and Baba Museum
Website: www.peranakanmelaka.com
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