The Malaysian Concord (Part 3) – The Malay and Bumiputera Special Rights

Recent protest against ICERD – Bernama

One of the functions and roles of the Malay Rulers is to safeguard the interests of the Malay and Bumiputera communities enshrined in the Federal Constitution.  That is what HRH The Sultan of Selangor did when he voiced out against ICERD and liberalism.

In the previous posts (The Malaysian Concord (Part 1) – The Sanctity of Islam and The Malaysian Concord (Part 2) – The National Language) I have shown you why Islam was made the religion of the Federation, and why the Malay language was made into the National Language.  I also explained why the Reid Commission was just a commission and not a party to the discussions and negotiations to the independence of Malaya and whatever put forth by the commission were recommendations for the Constitution, not the hard-and-fast rule.

The Malay precedence had always been the mantle of the British Residents.  Frank Athelstane Swettenham, the first Resident-General of the Federated Malay States, saw himself as the patron to an heir (the Malays) who was in danger of losing his inheritance to the immigrant Chinese and Tamils.  He wrote:

“The position he occupies in the body politic is that of the heir to the inheritance. The land is Malaya and he is the Malay. Let the infidel Chinese and evil-smelling Hindu from southern India toil, but of their work let some profit come to him.” (Sir Frank Swettenham, The Real Malay (London, 1899): pp. 37-40)

The economic situation of the Malays, pushed to the hinterland by the immigrants, became dire that they had to take loans from the chettiars putting their land as collateral.  When even the interest could not be serviced, these lands were taken into possession by the moneylenders.

The Federated Malay States government intervened and introduced a series of legislations to curb the Chettiars’ operations, one of which was the Malay Reservations Enactment, 1913, which objective was “to provide means for preventing the passing of Malay landholdings into the possession of foreigners”(Frederick Belfield, Legal Adviser, FMS, Report for the Secretary of State on the FMS Enactment 15 of 1913).

In 1910, E.W Birch, the 8thResident of Perak, noted the need for such Enactment:

“It will mean that we shall free our peasantry from the clutches of those people who now remit to India the large sums of which they now bleed the people.”(Hastings Rhodes, Objects and Reasons, Malay Reservations Enactment of 1913, quoting a Minute by E.W Birch dated 7 September 1910; in Selangor Secretariat, File 3013/1912, Conf. File 10/1912).

Two constitutional changes were introduced in 1909, the establishment of a Federal Council, and the enactment to change the title Resident-Generalin the FMS to that of Chief Secretary.

The Governor responsible for these introductions, Sir John Anderson, said that the intention of these changes, in his words, was for“the full safeguarding of Malay interests.” (Proceedings of the Federal Council, FMS, 11 December 1909).

Sir Laurence Guillemard, High Commissioner for the Federated Malay States wrote:

“The moral is clear that real danger lies ahead if the Malays do not get their share of the benefit of the development of their own country.”(C.O 273, Vol 539, Laurence Guillemard to Secretary of State, 3 May 1927).

To put things in perspective, not only were the Malays left out economically, they were also already minorities in the Federated Malay States.  According to the census of 1931, the population of the FMS comprised of a Chinese majority (41.5 percent), followed by Malays (34.7 percent), Indians (22.2 percent) while various other ethnic groups made up the remaining 1.6 percent (Loh Fook Seng, Malay Precendence and the Federal Formula in the Federated Malay States, 1909 to 1939, JMBRAS, Vol 45, 1972: p.48).

When the discussions for the independence of Malaya took place, the MCA which represented the interests of the Chinese community in Malaya, agreed for the continuation of Malay special privileges that was already being enjoyed by the Malays under the Federation of Malaya Agreement of 1948 (Straits Times, 28 August 1956).

Even on the issue of making Mandarin a national language at par with Bahasa Melayu, the MCA Central Committee which debated the Alliance memorandum to the Reid Commission put the issue to a vote: 15 votes were against the recommendation that Mandarin be recognised as an official language, 14 voted for, 31 abstained (Straits Times, 28 August 1956).

Reid Commission was required by its terms of reference to “safeguard the special position of the Malays and the legitimate interests of the other communities” (CO 889/6, C.C. 2000/15, Summary record of Commission’s meeting, 27 August 1956).

The Constitutional Bill was then debated in the England’s House of Commons.  Three amendments to the Bill was sought.  The third proposed amendment pushed by Conservative MP Joan Vickers (Devonport) noted that the 15-year limit for Malay special rights recommended in the Reid Report was omitted from the Bill.

However, the majority felt that any eleventh-hour amendment could upset the political compromises embodied in the Constitution (Commons Debates, 19 July 1957, pp. 1590-1591).  The Secretary of State concluded that any accepting of proposed amendments would result in the reopening of all issues on which agreement had already been reached (Ibid., pp. 1592-1594).  Therefore, all the proposed amendments were rejected and the Federal Constitution of Malaya, as part of the Malayan Independence Bill, was adopted unchanged.

These special rights were then extended to the Bumiputeras of Sabah and Sarawak through Paragraph 62 of the Malaysia Agreement, 9 July 1963, pages 43 and 44. But this did not come easy.  Many non-Bumiputera groups were opposed to the idea of according the natives of Sarawak with special rights.

A group from the Sarawak United People’s Party led by Ong Kee Hui had a contempt for the backwardness of the natives and had regarded their leaders as men of no consequences.  This prompted the SUPP’s leader in Sibu Jonathan Bangau, an Iban, to resign.

The Ibans, however, told the Cobbold Commission that they were all for Malaysia and some even emphasised on the need for a speedy arrival of better education and development for the Iban community.  In North Borneo, the only negative views were given by the British officials and expatriates as well as the rich (non-Bumiputera) local businessmen.

Both Donald Stephens (Chairman of the Committee of the North Borneo Alliance) and Stephen Kalong Ningkan (Secretary-General of the Sarawak Alliance) both accepted the Inter-Governmental Committee report.  Sarawak Council Negri voted unanimously to adopt the report on 8 March 1963, while the North Borneo Legislative Council unanimously adopted the report on 13 March 1963.

The special rights of the Malays and the Bumiputeras are there to protect their interests so that they do not get swallowed whole in their own land.  The Fijians learnt this the hard way when the Indo-Fijian (Indian descent) minority which numbered less than 40 percent of the population, dominated everything from government to economy, leaving the ethnic Fijians on the sideline.

If the rights of the Malays and the Bumiputeras that was agreed upon by our forefathers are now being questioned, should they now not ask for a better position for themselves? Perhaps a 70-percent equity and quota in everything from now on, or something even better?

(This article was first published on The Mole)

The Malaysian Concord (Part 1) – The Sanctity of Islam

Islam is the religion of the Federation of Malaysia as enshrined in its Constitution after being agreed upon by all those party to her establishment (Photo credit: Azirull Amin Aripin/Getty Images)

HRH Sultan Sharafuddin Idris Shah is known to be a private person and rarely voices out.  The only times that he would voice out is when matters pertaining to the Constitution is touched upon, and yesterday was one of those times.

He said that the act of a certain group questioning the sanctity of Islam, the special rights of the Bumiputeras, the national language, and the function and position of the Malay Rulers enshrined in the Federal Constitution need to be immediately addressed and curbed.

I have come across such people, and unfortunately, many are young Malays.  They do not seem to understand that the social contract made between the various races of Malaya prior to 31stAugust, 1957 and Malaysia prior to 9thJuly 1963 are now part of the Federal Constitution.

Nor do they know the parties who signed both agreements for the independence of Malaya, and the formation of Malaysia, and understand why those agreements were made.  I put a partial blame on the education system where we were taught that we were all colonised by Britain when that is not true, except during the Malayan Union period.

Although Islam had been preached in the Malay Archipelago, Indo-China and China as early as the seventh century, it is largely held that Islam arrived in the Malay peninsula in the 12thcentury.  Syariah laws such as the Batu Bersurat of Terengganu, Hukum Kanun Melaka, Undang-Undang 99 Perak became the laws of the land.

In 1908, Richard James Wilkinson, a British colonial administrator who, with the backing of Sultan Idris I, was responsible for the establishment of the Malay College in Kuala Kangsar, and who was also a scholar of Malay and history, wrote on the status of Islamic law in the Malay states:

There can no doubt that Moslem law would have ended up becoming the law of Malaya had not British law stepped in to check it.” (William R. Roff, Patterns of Islamization in Malaysia, 1890s-1990s: Exemplars, Institutions and Vectors, Journal of Islamic Studies Vol. 9, Is. 2 (1998), 210-228, at 211).

This was reinforced by two British judges in the landmark case of Ramah binti Ta’at v Laton binti Malim Sutan 6 FMSLR (1927).

It is due to these facts that the sanctity of Islam was retained in the Federation of Malaya Agreement of 1948, and was introduced into the Federation of Malaya Constitution of 1957.

The English law was only introduced to Pulau Pinang as it was the original British colony.  It was on 25thMarch, 1807 that a Charter of Justice was granted by the Crown establishing a Court of Judicature in Pulau Pinang, with jurisdiction and powers of the Superior Courts in England. This was then introduced to Melaka and Singapore when they became part of the Straits Settlements under British rule.

Only with the arrival of the British residents in the Malay states in the last quarter of the 19thcentury was the English law introduced there in the form of Orders, Regulations and Ordnances, save for the laws and regulations affecting the Malay customs and the administration of Islam.  These laws provided for the administration of justice, the law of contract, sale of goods, bills of exchange, company law, criminal law and procedure, the law of evidence, land law, labour law, and the regulation of many matters of public interest.

The Civil Law Enactment, 1937 (No.3 of 1937, FMS) introduced the whole body of the common law of England and of equity of minor modifications.  It provided always that the common law and rules of equity are “subject to such qualifications as local circumstances render necessary”.  Local laws and custom were made applicable.

Islam was made the religion of the Federation of Malaya.  Although Lord Reid felt it was unnecessary to have such a provision as the Sultans would be the Head of Islam in their states, it was added to the draft of the Federal Constitution at the suggestion of Justice Hakim Halim bin Abdul Hamid of Pakistan, who was a member of the Reid Commission, because he said the suggestion by the Alliance party that represented the people of Malaya to have that proviso added was inoccuous.

Sir Donald Charles MacGillivray personally felt that such a provision would be advantageous because the Yang DiPertuan Agong could at the same time become the head of the faith in the Settlements of Penang and Malacca (CO 1030/524 (10), MacGillivray to Secretary of State, 25 February 1957; See also CO 1030/524 (18), MacGillivray to Secretary of State, 21 March 1957).

This accord was reached between those who were party to the discussion – the Malay Rulers, the British who administered the Rulers’ sovereign states on their behalf, and the multiracial government chosen by the people in 1955 to represent them.

There is even a separation of jurisdiction when it comes to the position of Islam in the Federal Constitution.

The Syariah Law comes under the purview of the respective Rulers, and the Attorney-General of Malaysia, under Article 145(3) does not have the jurisdiction over proceedings before a Syariah court, a native court of a court-martial.

This separation of jurisdiction is also present as provided by Article 121(1A) where both the High Court of Malaya and High Court of Sabah and Sarawak do not have any jurisdiction over Syariah matters.  Therefore, any claim that the Syariah law infringes on the rights of the non-Muslims is fallacious.

The Malaysia Solidarity Consultative Committee chaired by North Borneo’s (later Sabah) Donald Stephens (later Tun Fuad Stephens) stated in its memorandum dated 3rdSeptember 1962 that the acceptance of Islam as the religion of the to-be-formed Federation of Malaysia would not endanger religious freedom within Malaysia nor will it make the country less secular (Malaysia Solidarity Consultative Committee Memorandum on Malaysia, 3 Sep 1962, p.p 120).

And that is how Islam became the religion of Malaysia.

(This article was first published by The Mole)

Angkatan Tentera Malaysia Dan Perlembagaan

17-Kehebatan-Pasukan-Tentera-Malaysia-Yang-Mungkin-Belum-Pernah-Anda-Dengar-758x505

Sekali lagi saya tertarik dengan satu mesej dalam WhatsApp oleh seorang bekas pegawai tentera yang sering menghentam pihak kerajaan.  Mari kita lihat apa yang ditulis oleh beliau kali ini:

Saya Mej xxxxxxx Bersara ingin memperingatkan semua anggota Tentera Dan Veteran ATM supaya menolak Barisan Nasional dan mengundi Pakatan Harapan (mengunakan logo PKR) Di PRU 14 ini kerana selama 60 tahun kerajaan BN gagal mertabatkan ATM Dan Veteran.

SIRI PENERANGAN KEDUA

SEJAK MERDEKA, KERAJAAN BARISAN NASIONAL MENGHALANG YANG DI PERTUAN AGONG, SEBAGAI PANGLIMA TERTINGGI ANGKATAN TENTERA UNTUK MEMBERI KUASA MUTLAK KEPADA MAJLIS ANGKATAN TENTERA BAGI MENTADBIR DAN MEMBUAT PERATURAN TERUTAMA TENTANG SYARAT SYARAT PERKHIDMATAN, GAJI DAN PENCEN ATM.

Saudara2 Dan Saudari2 sekalian.

Saya ingin memberi tahu bahawa kepincangan mengenai syarat2 perkhidmatan anggota dan masaalah hak hak Veteran kebanyakkannya berpunca daripada keengganan kerajaan Barisan Nasional mematuhi undang2 dan peraturan2 yang sedia ada dan menafikan badan yang ditugaskan oleh undang2 untuk membuat perancangan atau dasar ATM.

Undang2 adalah peraturan hidup. Negara Yang ditadbir tidak mengikut lunas undang2 adalah negara yang tidak tergolong kepada negara rule of law atau negara Yang tidak tertakluk kepada kedaulatan undang2.

Saudara2 Suaudari2 sekali,

Jika undang2 kerap dicabul, undang2 tidak bermakna lagi. Kita sebagai rakyat Yang cinta pada negara hendaklah berani mempersoalkan jika kerajaan membelakangkan undang2 negara dan penguatkuasaanya untuk kebaikan rakyat. Kerap kali kerajaan Barisan Nasional mengunakan undang2 hanya untuk menekan rakyat dan bukan untuk membantu rakyat.

Rakyat mesti faham bahawa Perlembagaan Persekutuan adalah undang2 yang tertinggi Di Malaysia. Ini dia akui sendir oleh Perkara 4(1) perlembagaan persekutuan: “Perlembagaan ini adalah undang2 utama persekutuan dan apa2 undang2 yang diluluskan selepas Hari merdeka yang tidak selaras dengan perlembagaan ini adalah tidak sah setakat ketidakadilan itu.”

Semua anggota ATM, Veteran dan rakyat jelata hendaklah faham bahawa Perlembagaan Persekutuan adalah merupakan Satu kontrak sosial rakyat yang tidak boleh di persoalkan Dan diganggu gugat oleh mana2 mana2 individu atau mana2 pihak terutama oleh parti politik yang memerintah.

Yang paling penting didalam perlembagaan persekutuan bagi ATM adalah tiga Perkara seperti berikut:

PERTAMA

  1. Perkara 41 perlembagaan persekutuan yang menyatakan bahawa Yang Di Pertuan Agong hendaklah menjadi Pemerintah Tertinggi Angkatan Tentera Persekutuan.

Perkataan hendaklah tersebut bagi saya bermaksud SPB YDP Agong mempunyai kuasa mutlak untuk memerintah Dan mentadbir ATM.

Jika ada sesiapa hendak mempertikaikan kuasa SPB YDPA ini, saya cabar mereka membaca kuasa budicara Baginda dalam Perkara 40(2) dan 40(3) perlembagaan persekutuan.

Kuasa YDPA sebagai Panglima tertinggi Angkatan Tentera ada hubung kaitnya dengan wasiat nombor 3, wasiat Raja2 Melayu yang di buat pada 5 Ogos 1957 Yang berbunyi:

“Bagi menjaga kamu Dan bagi Melindungi anak cucu kamu Serra hak milik kamu, Kami tubuhkan Rejimen Askar Melayu selain untuk membanteras kekacauan Dalam negara Dan ancaman dari luar negara”

ATM diketuai oleh Panglima Angkatan Tentera (PAT) Yang berpangkat Jeneral, Laksamana atau Jeneral TUDM. Beliau adalah ketua professional ATM Yang dilantin oleh SPB YDPA. PAT memerintah dan mentadbir ATM melalui Jawatankuasa Panglima2 (JPP) dan juga yang paling penting keputusan mengenai pemerintahan, pentadbiran dan Disiplin Di bantu Majlis Angkatan Tentera (MAT) dimana kuasa MAT datang terus dari YDPA.

Yang membuat Kita sedih sekarang kita lihat ATM di tadbir secara terus oleh Menteri Pertahanan, orang politik Dan KSU Yang tidak ujud kuasa mereka dalam undang2 untuk memerintah ATM secara langsung.

KEDUA

  1. Perkara 137(1) perlembagaan persekutuan, menyatakan MAT hendaklah bertanggonjawab dibawah kuasa am YDPA bagi:

– pemerintahan

– tatatertib Dan

– Pentadbiran Angkatan Tentera,

– Dan segala perkara lain yang berhubungan dengannya.

Ahli2 MAT Di sebut dengan jelas dalam Perkara 137 (3) perlembagaan persekutuan:

 

  1. Menteri Pertahanan sebagai pengerusi ( *tidak ada kuasa veto, lihat perkara 137(4)(d), Tanpa menhan, ahli2 boleh lantik ahli lain sebagai pengerusi.);

 

  1. Wakil Duli2 Yang Maha Mulia Rajà2 Melayu, Di lantik oleh Majlis Raja2 Melayu;

 

iii. PAT dilantik oleh YDPA;

 

  1. KSU Kementah bertindak sebagai Setiausaha (*tidak ada kuasa veto tapi hanya menyimpan rekod Dan minit, lihat perkara 137(4)(a) perlembagaan persekutuan);

 

  1. 2 orang pegawai turus kanan AT dilantik oleh YDPA;

 

  1. Seorang pegawai kanan Tentera Laut dilantik oleh YDPA;

 

vii. Seorang pegawai kanan Tentera Udara dilantik oleh YDPA;

 

viii. Dua orang anggota tambahan, jika ada, Sama ada anggota Tentera atau premenopausal, dilantik oleh YDPA.

Sejak pemerintahan Barisan Nasional, perkara ini dicabuli, hak hak Yang Di Pertuan Agong Dan hak MAT Di nafikan secara tak langsong.

Saudara2 Saudari2 sekalian,

Kuasa yang di beri oleh Perlembagaan Persekutuan kepada MAT sangat Luas tetapi sedih nya kuasa ini di cabuli dan di rompak oleh pemimpin Barisan Nasional dan KSU Kementah, yang pada dasar nya tidak faham jiwa tentera tetapi mengawal ATM semata2 nya untuk kepentingan politik Peribadi Dan bagi KSU/KSN pula cuba menjadi badan Yang paling berkuasa Di dalam perkhidmatan awam kerajaan malaysia. saya Akan buktikan Dalam siri penerangan saya ini.

Baerbagai2 kuasa MAT yang di beri oleh YDPA Dan semua nya tersurat Di dalam Akta Angkatan Tentera 1972. Berikut adalah beberapa contoh dimana MAT hendaklah bertanggonjawab Di bawah kuasa am YDPA:

 

  1. Sek 15 AAT72: kuasa membuat peraturan2 berkenaan petauliahan Dan perlantikan pegawai, terms perkhidmatan mereka DLL. HAL ini Di perincikan lagi Dalam Peraturan2 AT (Terma2 perkhidmatan bagi Angkatan Tetap 2013)

 

  1. Sek 36 AAT72: membuat peraturan2 berkenaan dengan pengambilan masuk orang dalam Angkatan Tetap, syarat perkhidmatan mereka dll.HAL ini juga di perincikan lagi Dalam Peraturan2 AT (Terma2 perkhidmatan bagi Angkatan Tetap 2013)

 

iii. Membuat peraturan2 gaji Dan elaun Dan emoluments lain bagi pegawai Dan askar-lasykar ang tetap DLL. HAL ini Di perincikan Dalam Federal Army (Pay and allowances) Regulations 1961. Seksyen ini MAT boleh diberikan kuat kuasa kebelakangan kepada apa2 tarikh, Sama ada sebelum atau selepas permulaan berkuat kuasa Akta AT72.

 

  1. Sek. 187(1) membuat peraturan2 berkenaan dengan gaji bersara, pencen, ganjaran dan pemberian lain; Dan peraturan2 ITU boleh menyatakan syarat yang meliputi pemberian Dan kadar gaji bersara, pencen, ganjaran Dan pemberian lain itu, dan boleh mengadungi apa2 peruntukkan lain Yang mungkin perlu dan boleh diberikan kuat kuasa kebelakangan kepada apa2 tarikh, Sama ada sebelum atau selepas permulaan berkuat kuasa Akta AT72.

 

Apa Yang saya nyatakan di atas ada lah sebahagian kecil kuasa MAT yang sangat luas, tetapi kuasa ini tidak di Ikuti secara undang2 kerana orang politik terutama Menteri Pertahanan dan KSU mengambil alih membuat peranan ini. Akhirnya ATM di perlemahkan mengikut cita Rasa mereka.

Saudara2 Saudari2 sekalian,

Ingin saya beritahu bahawa Kementah Dan ATM adalah dua identiti Yang berbeza.

Kementerian Pertahanan Di terajui oleh Menteri Pertahanan dan Di Bantu oleh seorang Timbalan Menteri. Organisasi Kementah mengadungi anggota perkhidmatan awam Yang diketuai oleh Ketua Setiausaha (KSU).

ATM Di ketuai oleh PAT. Beliau adalah ketua professional ATM Yang dilantin oleh SPB YDPA. PAT memerintah dan mentadbir ATM melalui Jawatankuasa Panglima2 (JPP). Hal2 pemerintah, Tata tertinggi Dan pentadbiran ATM Dan segala perkara Yang berhubung dengannya diuruskan oleh MAT.

APA yang belaku sebenarnya dari hal pentadbiran ATM?

Pada tahun 1981, Satu badan Yang mengabungkan perintah tertinggi ATM (MAT) dan Awam Kementah Yang di namakan Lembaga Menteri telah di ujudkan. Lembaga ini dengan secara tidak langsung hilangkan kuasa MAT. Lembaga menteri telah menjadi satu badan Yang meyelesaikan Dan menghuraikan masaalah Kementah keseluruhan nya kecuali berkaitan operasi.

Jika Kita buka sesawang Kementah Di http://www.mod.gov.my/ms/mengenai-kami/carta-organisasi.html Kita Akan dapati PAT Di letak di bawah KSU Kementah.

Keadaan sekarang menjadi lebih malang kepada ATM/MAT di mana Lembaga Menteri Yang saya katakan tadi telah di tukar Nama sebagai KUMPULAN PENGURUSAN ANGKATAN TENTERA. Ahli MAT Yang Di tetapkan oleh Perlembagaan Persekutuan telah di tambah menjadi 17 dengan bertambah nya 7 orang awam Dan Salah seorang ahli dalam MAT adalah Timbalan Ketua Pengarah perkhidmatan Awam (Pembangunan) dari JPA.

Kesan Dari ini, Kita dapati banyak hal hal ATM terutama syarat2 perkhidmatan dan hal gaji telah di harmonikan dengan sistem perkhidmatan awam.

KETIGA

  1. Menurut Perkara 132(1) perlembagaan persekutuan, susunan kekanan senarai perkhidmatan awam adalah seperti berikut:

 

  1. Angkatan Tentera.
  2. Perkhidmatan Kehakiman Dan perundangan.

iii. Perkhidmatan Awam am persekutuan.

  1. Pasukan Polis.
  2. ( KTM – Dimansuhkan).
  3. Perkhidmatan awam bersama Yang disebut Dalam perkara 133.

vii. Perkhidmatan awam setiap Negeri.

viii. Perkhidmatan pendidikan.

Angkatan Tentera Malaysia adalah Yang terkanan sekali dalam senarai protokol perlembagaan persekutuan. Tetapi oleh kerana pencabulan Yang telah di buat oleh orang politik Barisan Nasional Dan Perkhidmatan awam, dan tidak ada seorang pun panglima2 ATM Yan bangun bersuara Dan menentang pencabulan undang2 di dalam perlembagaan persekutuan, Kita boleh lihat bertapa lemah nya ATM untuk membetulkan keadaan ATM Dan Veteran.

APA Yang belaku Angkatan Tentera sekarang telah jatuh dari tangga teratas menjadi sama dengan Polis Yang duduk Di tangga keempat Dan pangkat Dan gred Mereka telah Di harmonikan dengan perkhidmatan awam.

Semua anggota ATM Dan Veteran tahu syarat2 perkhidmatan Dan Gaya hidup ATM tidak sama dengan Awam Dan Polis. Tetapi kenapa ATM harus ikut gaji Dan syarat2 perkhidmatan tertentu awam? Di mana Keadilan Yang Di beri kepada ATM?

Perubahan2 syarat2 ini Akan secara langsung tempias kepada kedudukannya Veteran ATM. Pesara terpaksa ikut sistem Pesara Awam Yan rata2 mereka semua berumur 60 tahun keatas. Dan telah berkhidmat lebih dari 35 tahun. Pehinaan terhadap ATM sudah bermula 45 tahun lalu (lihat penerangan Siri Satu saya).

Saudara2 Saudari2 sekalian,

Saya Akan ulas lebih banyak isu2 pencabulan undang2 Yang Di lakukan pada ATM Dalam Siri2 penerangan saya Yang berikut nya.

Untuk mengubah nasib kita, Kita Mesti tolak BN Dan gantikan dengan kerajaan Yang Di pimpin oleh Parti politik baru.

Marilah Kita bersama2 mengundi Pakatan Harapan yang mengunakan logo PKR pada PRU14 ini. InsyaAllah

Sekian wassalam.

Mej xxxxxxxx Bersara

Begitu panjang dan lebar tetapi agak dangkal dan terlalu beremosi dalam penyampaian.

Penulis di atas mungkin kurang mahir dalam penterjemahan Perlembagaan Persekutuan, dan lebih gemar memilih peruntukan-peruntukan dalam Perlembagaan yang memihak kepada apa mesej yang hendak disampaikan, dan tidak memberi gambaran yang penuh.

ISU PERLEMBAGAAN MERUPAKAN UNDANG-UNDANG TERUNGGUL

Pada permulaannya penulis telah memberi gambaran bahawa apa jua undang-undang yang tidak selaras dengan Perlembagaan adalah tidak sah setakat ketidak adilan itu.

Semasa isu kalimah Allah menjadi besar akibat pengharaman penggunaannya di dalam Kitab Injil Bahasa Melayu mengikut Enakmen Jenayah Syariah Negeri Selangor, ramai yang menyatakan bahawa Enakmen tersebut adalah bertentangan dengan Artikel 3(1) dan 11(1) Perlembagaan Persekutuan.

Namun, Enakmen tersebut adalah merupakan suatu Enakmen yang telah diluluskan oleh Dewan Undangan Negeri Selangor yang ahli-ahlinya juga termasuk mereka yang bukan beragama Islam.  Ianya adalah Enakmen yang digunapakai bukan sahaja ke atas mereka yang beragama Islam tetapi juga, di mana sesuai, digunakan ke atas mereka yang tidak beragama Islam.

Sehingga ada suatu Mahkamah Perlembagaan yang memutuskan Enakmen tersebut tidak sah dari segi Perlembagaan, maka ianya tetap sah dan diterima pakai oleh semua.  Begitulah juga kaedahnya dengan undang-undang lain yang dianggap mencabuli hak asasi rakyat Malaysia menurut Perlembagaan Persekutuan.

YANG DIPERTUAN AGONG SEBAGAI PEMERINTAH ANGKATAN TENTERA MALAYSIA

Melalui Artikel 41 Perlembagaan Persekutuan, Yang DiPertuan Agong adalah pemerintah tertinggi Angkatan Tentera Malaysia.  Namun, apa jua tindakan yang diambil oleh YDP Agong adalah di atas nasihat yang diberikan oleh Perdana Menteri dan jemaah Menteri (Kabinet).

Artikel 40(2) yang disebut-sebut hanyalah berkenaan perlantikan Perdana Menteri, menangguhkan pembubaran Parlimen (Dewan Rakyat), meminta untuk Majlis Raja-Raja bersidang.

Artikel 40(3) pula menyebut Undang-Undang Persekutuan boleh membuat undang-undang di mana Yang DiPertuan Agong boleh bertindak selepas dinasihati oleh orang-orang yang selain dari Jemaah Menteri selain fungsi yang boleh diambil tindakan mengikut budibicaranya.

Ini bermakna, YDP Agong boleh juga membuat tindakan lain selepas mendengar nasihat lain-lain orang selain Jemaah Menteri. Sebagai contoh: mengambil nasihat daripada Badan Kehakiman, Kepolisian dalam hal-hal berkenaan Perlembagaan, Perundangan dan Keselamatan.

Hakikatnya, kuasa yang ada pada YDP Agong hampir kesemuanya dijalankan oleh Perdana Menteri mengikut Artikel 39 di mana kuasa YDP Agong diperturunkan kepada Perdana Menteri dan Jemaah Kabinet, dan YDP Agong bertindak di atas nasihat.  Bertindak mengikut budibicara di sini bermaksud mengambil sesuatu keputusan untuk bertindak setelah menerima nasihat.

Ini bermakna, YDP Agong adalah “de jure head of the state” (Ketua Negara yang sah) manakala Perdana Menteri adalah “de facto head of government” (Ketua Hakiki Kerajaan ).

Maka, kuasa yang diperturunkan oleh YDP Agong untuk mewakilinya di dalam urusan pentadbiran dan lain-lain urusan berkenaan Angkatan Tentera Malaysia diberikan kepada seorang Menteri Kabinet yang dipertanggungjawabkan sebagai Menteri Pertahanan.  Menteri Pertahanan menjalankan kewajipan mewakili YDP Agong, dan bertanggung jawab terhadap Perdana Menteri Malaysia.

Ini bermakna, kesetiaan Angkatan Tentera Malaysia kepada Raja dan Negara bermakna kesetiaan juga kepada Kerajaan YDP Agong yang telah dipilih oleh rakyat dan dibentuk dengan titah YDP Agong.

MAJLIS ANGKATAN TENTERA

Berkenaan Artikel 137 berhubung MAT yang dibangkitkan oleh penulis, tiada sebarang pencabulan berlaku di situ kerana sepertimana yang telah diterangkan di atas, Menteri diperuntukkan kuasa oleh YDP Agong melalui Artikel 39 untuk menjaga hal ehwal Pertahanan.

Apa jua undang-undang yang dibuat mengenai Angkatan Tentera Malaysia termasuk Akta Angkatan Tentera, 1972, adalah merupakan undang-undang yang dibuat di bawah Perlembagaan Persekutuan dan diluluskan oleh badan perundangan (Parlimen) untuk Menteri yang dipertanggung jawabkan serta Kementeriannya menjalankan tugas.

Adalah bahaya jika seorang Panglima Angkatan Tentera atau mana-mana Panglima Perkhidmatan boleh bertindak membelakangkan Menteri yang dipertanggung jawabkan.  Bayangkan sekiranya hari ini Tentera Laut DiRaja Malaysia bercadang untuk menyerang mana-mana kapal tentera asing yang melalui perairan kita dalam keadaan “innocent passage.”

KEKANANAN ANGKATAN TENTERA MALAYSIA

Tidak ada mana-mana peruntukan di bawah Artikel 132(1) Perlembagaan Persekutuan menyatakan senarai perkhidmatan awam tersebut adalah mengikut kekananan.  Angkatan Tentera Malaysia bukanlah suatu perkhidmatan awam yang paling kanan kedudukannya berbanding lain-lain perkhidmatan awam.

Ia hanya mainan persepsi yang dibuat oleh penulis.

WASIAT RAJA-RAJA MELAYU

Wasiat Raja-Raja Melayu ini dibuat sejurus sebelum berlakunya Kemerdekaan Tanah Melayu.  Ini adalah wasiat daripada Raja-Raja Melayu kepada rakyat di setiap negeri.  Untuk memahami wasiat ini, kita perlu fahami bahawa kemerdekaan yang kita capai bukanlah daripada pihak British sebenarnya.  Kita imbau kembali sejarah penubuhan pembentukan Persekutuan Tanah Melayu yang merdeka.

Selain Melaka, Pulau Pinang, Singapura, dan (buat seketika) jajahan Dinding dan Pangkor, tidak ada mana-mana negeri dalam Tanah Melayu yang telah dijajah oleh British.  Kemasukan British ke Tanah Melayu dan seterusnya perkenalan sistem pentadbiran British adalah disebabkan perjanjian-perjanjian di antara pihak British dengan Raja di setiap negeri.  Kuasa eksekutif Sultan diperturunkan kepada seorang Residen (Reseden-Jeneral bagi negeri-negeri Bersekutu iaitu Perak, Selangor, Pahang dan Negeri Sembilan). Residen-residen ini adalah digajikan oleh Raja negeri-negeri di mana mereka berkhidmat.

Apabila perbincangan untuk kemerdekaan berlaku, ianya adalah di antara kerajaan British (sebab mereka mempunyai perjanjian dengan Raja-Raja), Raja-Raja Melayu (kerana mempunyai perjanjian dengan pihak British), dan wakil rakyat Malaya yang diwakili oleh Parti Perikatan (UMNO, MCA, MIC).  Perbincangan ini berkitar mengenai pembubaran perjanjian, pemerintahan sendiri oleh kerajaan yang dipilih rakyat.

Maka, apabila berlakunya kemerdekaan Tanah Melayu, kuasa eksekutif yang selama ini dipegang oleh Residen British, diserahkan pula oleh Raja-Raja Melayu kepada kerajaan yang dipimpin oleh Perdana Menteri.

Kemerdekaan kita adalah dari sistem feudalisme, bukan penjajahan.

PENTUTUP

Saya dapati penulisan ini menggambarkan sama ada penulis sebenarnya keliru dengan peruntukan-peruntukan dalam Perlembagaan Persekutuan, atau sengaja mahu mengelirukan pembaca disebabkan sandaran politiknya.

Pun begitu, sekiranya inilah yang terbaik yang boleh dibentangkan, nasihat saya kepada beliau adalah untuk banyakkan membaca dan berlaku adil serta tanamkan sikap dan minda yang terbuka.  Penulis nampaknya jahil mengenai sejarah Perlembagaan Persekutuan.  Menjadi seorang peguam tidak bermakna anda mahir dari segala selok-belok perundangan dan perlembagaan.

Bak kata seorang novelis US bernama Edna Ferber: “Minda yang tertutup adalah minda yang menghadapi kematian.”  Oleh itu, jangan dijumudkan lagi minda itu hanya kerana fahaman politik peribadi.

 

To Do Away With The Political Baggage

Sultan Yem & Ayah & Anak

It has been an interesting week indeed.  The long awaited dissolution of the Parliament has happened.  The announcement by the Elections Commission that the polling day will fall on a Wednesday has gotten people excited over nothing.  This would be the sixth general elections that is held on a work day since Independence.  That is six out of 14.  And half of that were done during Mahathir’s time.

Many cry foul saying that it would be almost impossible for them to make the trip back to wherever they came from just to vote, and then go back to where they actually reside. Justice, they say, without even thinking about the injustice they do to their kampung folks who have to endure five excruciating years of having a representative who may be worse than the last guy.

If you don’t want the hassle of having to travel back to vote, register as a voter where you actually live.

Having said that, what was more interesting was the recent Facebook post by His Royal Highness The Tengku Mahkota of Johor that called upon the people of Johor NOT to vote for a party or coalition that would allow Mahathir to win.  That got people riled up.  Prior to this, when the Tengku Mahkota Johor, or TMJ as he is fondly known as, speak out against the ruling government, even those who do not believe in the Rulers Institution would comment “Daulat Tuanku” in a reply.  The very same people now attack HRH.

I am not fond of the royalty speaking out in such manner because I believe that even though their Highnesses may be opinionated, they should remain to be seen neutral.  However, the famously-written lines by Walter Bagehot comes to mind:

…that the monarch has three rights: the right to be consulted, to encourage, and to warn”.

This is noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:

“a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89)

Therefore, it is within the rights of the TMJ to warn the people of Johor on what he thinks could be dangerous to them, and to the unity of the people of the state.

If Barisan wishes to capitalise on this matter, I would say that the timing is a bit off as it was done far too early in the game.  You now see posts being shared on WhatsApp attacking not just the present Sultan, but also his late father, grandfather of the TMJ.  Mahathir, too, was quick to comment saying that the posting by the TMJ would only work in Pakatan’s favour.

Or so he thinks.

Mahathir’s tiff with the Johor Istana predates even Syed Saddiq’s existence.  Two years after becoming the Prime Minister, Mahathir sought the agreement of the late Sultan of Perak for the latter to become the Yang DiPertuan Agong, replacing the Sultan of Pahang whose tenure was ending the following year.  Running simultaneously was a campaign to put the late Sultan of Johor in a bad light, in order to gain the support of the masses for the Prime Minister’s effort.

The relationship between Mahathir and the late Sultan of Johor was so bad that it prompted some ranks within the military to plan a coup in August 1983.  The Chief of Army, General Tan Sri Dato’ Zain Hashim, an illustrious officer, retired at the young age of 52 in January 1984, and was replaced for just over a year by General Tan Sri Dato’ Mohd Ghazali bin Haji Che Mat, who was in turn replaced when he was made the Chief of the Armed Forces, by Mahathir’s brother-in-law, General Tan Sri Dato’ Seri Mohamed Hashim bin Mohd Ali.  By then, the army was firmly under someone loyal to Mahathir.  Hashim later became the Chief of Armed Forces.

I know of some details of the planned coup, but was asked to keep them confidential.

No, this does not show that the Armed Forces should only be loyal to the Rulers; on the contrary it shows that the Armed Forces should also be loyal to the government of the Yang DiPertuan Agong simply because Cabinet Ministers, according to Article 39 of the Federal Constitution, represent the Yang DiPertuan Agong and are given executive powers to administer the country on His Majesty’s behalf.  Therefore, loyalty shall be given by the Armed Forces to the Prime Minister and his Cabinet.

The rest of what Mahathir did or tried to do to the Johor Royal Family are as posted by the TMJ.  His glaring lack of love for any royal family goes back to as early as the Second World War period where he began his fight against Tunku Abdul Rahman, Malaysia’s first premier and a member of the Kedah royal family.  In recent episodes,  Mahathir attacked Johor’s Forest City project by creating fear amongst the masses saying that there will be an influx of Chinese immigrants once the project is completed, and then attacked people of Bugis descendants that include not only Najib Razak, but also the Sultans of Johor and Selangor saying that “Bugis pirates should go back to their land“.

The Sultan of Johor criticised Mahathir for playing the race card, while the Sultan of Selangor rebuked Mahathir for the comments made about the Bugis people.

Mahathir remained unapologetic on both occasions.

He is an angry man and will burn the whole country with his anger,” said the Sultan of Selangor in a statement and said his sentiment was shared by all members of the Rulers institution.

When asked about the Sultan’s statement by members of the press, Mahathir replied, “Yes, I am a very angry man, you can see how angry I am. I will burn you, I am always burning things.”

Yes, Mahathir would burn anything down, as long as he gets his way.  He does not care if the country is razed to the ground.  All this is because Mahathir is a man who is running out of time.

Before stepping down 15 years ago, he wanted a Prime Minister who would do his bidding, and protect him  and his family from any probe or investigation, even after he is gone.  When Abdullah Ahmad Badawi refused, he dislodged the latter from the premiership.  In came Najib Razak who has his own ideas on how this country should be run, and made better.  Mahathir, not accustomed with partnering with dissenters, tried to remove Najib.  It was a multi-pronged attack, reinforcing the attacks that were already being done by the Opposition.

He then made a pact with Muhyiddin and Shafie.  He knew that he could not rely on Zahid Hamidi as he was the one who arrested Zahid under the ISA.  Hishammuddin’s loyalty to his cousin is unquestionable.  He undermined the UMNO leadership hoping that Najib would be ousted, and he would plant Muhyiddin on the throne, and his family would be safe again.

Unfortunately, that plan failed miserably.  Najib regained his footing and charged back.  Both Muhyiddin and Shafie lost their jobs and subsequently left UMNO.  Mahathir and his family were now vulnerable to probes and investigations.

And that is why he is adamant on becoming the next Prime Minister – so that he could guarantee a successor who would continue to protect his family.

Why else would a “principled man” break all his principles and work hand-in-hand with his enemies whom, in his knowledge, are bent on destroying the culture and tradition of the Malay people, perhaps the Rulers institution too?

Certain former top brass would remember a particular golf game where the late Sultan Iskandar said to them that we should not have a Presidential system (in Malaysia) and (must) do away with the “political baggage”.

We wonder what the late Sultan meant, but I don’t think I have problems identifying whom he meant by that.

But one thing for sure, Mahathir would rather apologise to Ambiga for using the K-word than to apologise to their Majesties.

See where he puts the Malay Rulers compared to Ambiga.

Pakatan Can Promise Sarawak The World

The question is, can it even deliver those promises?

In a recent article posted on Tian Chua’s Malaysia-Chronicle, Pakatan made a promise to Sarawakians – a promise that they claim the Barisan Nasional can never match.

If you have problems accessing the website, don’t worry. It has been spread via WhatsApp as usual and the content is as follows:

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A DEAL NAJIB CAN NEVER MATCH: SARAWAK TO KEEP 50% TAX REVENUE, 20% OIL & GAS ROYALTY, DECISION & EDUCATION RIGHTS TO BE RETURNED TO STATE GOVT – HARAPAN

Politics | January 20, 2018 by | 0 Comments

Pakatan Harapan’s Sarawak manifesto pledges that the state will retain 50 percent of all tax revenues collected in the state.

The state will also receive 20 percent from oil and gas royalties or its equivalent value from the federal government, according to the manifesto titled ‘New Deal for Sarawak Part Two’, which was released today.

“The government of Sarawak shall use these funds to shoulder the fiscal responsibility of the federal government in education and health,” the manifesto states.

Harapan also promised to set up a Petronas equivalent in the state, to be named Sarawak Petrogas, which would be wholly owned by the state government.

Sarawak Petrogas, which will be directly answerable to the Sarawak legislative assembly, will jointly manage oil and gas resources within the territorial borders and waters of Sarawak, together with Petronas, the manifesto says.

This is similar to Petroleum Sarawak, an oil and gas company started by the current Sarawak state government, which is meant to be an equal partner with Petronas for oil and gas activities in the state.

‘State can localise education syllabi’

With the decision rights returned to Sarawak in education and healthcare, the state can localise the education syllabi, review staffing and administrative policies, improve and upgrade the quality of all hospitals in the state and equip hospitals with cancer and heart centres, among others.

Harapan will also focus on speeding up the supply of clean water and electricity to all houses in Sarawak, both suburban and rural, as well as roads connecting rural native heartlands to stimulate economic growth in the interiors of Sarawak.

It will also ensure top priority is given to competent and eligible Sarawakians for employment and promotion in federal government departments and agencies in Sarawak.

World-class coaching facilities and a sports institute will be developed in Sarawak, the manifesto states, to equip and harness the potential of Sarawakian athletes.

Aside from its commitment to restore Sarawak to its original status within the context of the Malaysia Agreement 1963, Harapan said it would also form a Royal Commission to review various legislations that affect Sarawak’s rights to its natural resources.

These legislations include the Continental Shelf Act 1966, the Petroleum Development Act 1974 and the Territorial Sea Act 2012.

Harapan said Part Three of its New Deal for Sarawak would be released at a later date.

MKINI

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Hallelujah!

But before you even start to dance with joy, let me remind you that this is another one of those ad nauseam promises made, which can never be fulfilled, and will later be blamed on the Federal Constitution and the Federal Government.

Pakatan Harapan Sarawak cannot deliver fully on this promise because it is merely a state entity and cannot arrogate to the state what are Federal rights. As usual, Pakatan Harapan will refer to its non-existent utopian Federal Constitution when making such promises.

Even if it is a Pakatan Harapan Federal Government promise, it cannot fully deliver without the consent of the 11 Peninsular Malaysia states and Sabah because the Malaysia Agreement 1963 is an agreement inter se.

Any increase in the rights of one state vis a vis its position with the Federal Government diminishes the position of the other states vis a vis that one state as well as with the Federal Government . It will need the agreement of the other states in the Federation.

Therefore, Pakatan Harapan should stop making false promises and giving the people false hopes just because they (Pakatan Harapan) have false intelligence.

Where Should The Allegiance of the Armed Forces Lie

Malaysian Armed Forces Veterans

I received this copied in a Veterans’ WhatsApp group. I omitted some parts of the message as it was just gibberish talk:

_Copied from write up by Mej **** ***** TUDM (Rtd)_

Good afternoon to all. The fight for a free Malaysia must go on!
Let us get one thing clear – the country and the government are separate entities. Governments come and go, the country is eternal.

We owe our allegiance to the country, not to the government. Therefore, saying bad things about a bad government is not being anti-national. Most important of all, voting against a bad government is not being anti-national. A bad government does not deserve loyalty. Disloyalty to the government is not disloyalty to the country; in fact, voting out a bad government is being loyal to the country.

Clean elections
Clean government
Right to dissent
Save our economy


Fine words they are, but for someone with some legal training to write as such shows how much understanding the author has of the Federal Constitution.

Let us address this “call”:

Point 1:

“Good afternoon to all. The fight for a free Malaysia must go on!
Let us get one thing clear – the country and the government are separate entities. Governments come and go, the country is eternal.

We owe our allegiance to the country, not to the government. Therefore, saying bad things about a bad government is not being anti-national. Most important of all, voting against a bad government is not being anti-national. A bad government does not deserve loyalty. Disloyalty to the government is not disloyalty to the country; in fact, voting out a bad government is being loyal to the country.”

The country and the government cannot be separated, neither can a state be separated from its state government.  Yes, governments come and go, but a government is still a government.  Officers and men of the civil service, the Armed Forces, the Police owe their allegiance to the King and Country.  The King rules the Country, as do the Sultans their respective state, through a government that was picked by the people. Be they the Federal Government or the State Government, they administer the country and the states on behalf of the King and Sultans, as well as the Governors.  This is prescribed by Article 39 of the Federal Constitution where the Executive Authority of the Federation is vested in the Yang DiPertuan Agong by him, or by the Cabinet, or by any Minister authorised by the Cabinet.

In the case of the Armed Forces, the King exercises his power through the Minister of Defence.  Which is why the officers and men of the Armed Forces are required to salute the Minister of Defence who represents the King’s executive power over the Armed Forces, and the Prime Minister who is the King’s Chief Executive, representing the King.

Article 41 states that the King is the Supreme Commander of the Armed Forces and therefore those representing the King as prescribed by Article 39 are performing their duties on behalf of the King.

Therefore, it is imperative that the Armed Forces, as well as the civil service and the Police, remain loyal to the government of the day as the government of the day represents the King – be it bad or otherwise. Whether or nor a member of the Armed Forces, or the civil service, or the Police subscribes to the government of the day politically is a secondary matter.  The oath that was taken was to be loyal to the King and Country; therefore loyalty shall be given to the government of the day.

The Minister who represents the King in matters of defence is also made the Chairman of the Armed Forces Council which is responsible for the command, the discipline and the administration of the Armed Forces, except for matters relating to their operational use.  This is prescribed in Article 137 of the Federal Constitution.

And it is the Parliament that passed an Act to amend and consolidate the law relating to the establishment, government and discipline of the Armed Forces is made which is called the Armed Forces Act, 1972.

It is also the Armed Forces Act, 1972 that gave the powers to the Armed Forces Council to enable Brigadier-General Datuk Fadzlette Othman Merican Idris Merican be promoted to Major-General while she is being seconded to a Federal Government Department.  Section 5C of the Armed Forces Act, 1972 determines that she remains a member of the regular forces but her remuneration shall be paid by that Federal Government Department.

By the same token, even the ordinary people who are citiens of Malaysia must realise that the Federal Government represents the King, the state governments represent the resective state’s Ruler.  These are governments chosen by the people but was appointed by the Rulers to administer the country and states on their behalf.  The only way to change these governments is by a democratic process called ELECTIONS (unless you have not heard of that word before).

Point 2:

“Clean elections”

Since 1955, Pulau Pinang, Perak, Kedah, Kelantan, Terengganu, Selangor and Sabah have all seen a change in government.  If the elections were not clean, would it have been possible for the Opposition to have won cash cows such as Pulau Pinang and Selangor?

Point 3:

“Clean government”

I must admit there are bad hats in the government, be it the Federal government or the states government.  This is why we have seen people like Harun Idris, Mokhtar Hashim, Khir Toyo, Lim Guan Eng charged in court for corruption. All but Lim Guan Eng have served jail time.  Guan Eng, who said that he is not afraid to go to prison, has been delaying his corruption trial using technical issues.

Many more state excos have also been arraigned in a court for corruption.  This is not possible without agencies such as the Auditor-General’s Office and the Malaysian Anti Corruption Commission which act as checks and balances to ensure that the Federal as well as states governments are run efficiently and cleanly.

Of course there are those who have yet to face the music. For example those responsible for the Maminco scandal in 1985 that saw a loss of RM1.6 billion (about RM2.56 billion in today’s terms); the Perwaja scandal in 1982 that saw a loss of about RM10 billion (RM18.73 billion in today’s terms); the BMF scandal of 1983 that had caused a loss of RM2.5 billion (RM4.5 billion today); the 1986 Deposit-Taking Cooperative Scandal that caused a loss of RM1.5 billion (about RM2.58 billion today); the RM30 billion loss by Bank Negara Malaysis through foreign exchange gambling in 1994 (RM45.25 billion today); the Malaysia Airlines scandal of 1994 with the loss of RM9.4 billion (RM14.18 billion today); the PKFZ scandal of 1999 with a loss of RM12.5 billion (RM13.5 billion in today’s terms).

The above all happened during the tenure of a certain former Prime Minister.  The grand total of losses is RM67.5 billion (or RM101.3 billion in today’s terms).  The amount shown does not include the bailouts reported in various books, Opposition leaders’ blogs and so on.

I do hope that the cry for a clean government will also call for the arraignment for the Prime Minister during whose tenure the financial scandals happened.  Had the RM101.3 billion been put to good use during those 22 years, Sabah and Sarawak would have had SIX toll-free Pan Borneo Highways, or 1,013 80-bedded Government hospitals all over the country!

Instead, it enriched the few and killed one person.

Point 4:

“Right to Dissent”

I have not seen any Opposition-leaning media being taken off print or air, unlike during a certain 22-year period of my life.  Malaysiakini et al are still spinning their version of what they call “balanced news” (read: news the way we want you to see it).  The way these media operate reminds me of a character in Netflix’s limited series called “Godless” called A.T Grigg, a newspaper owner-editor who writes news the way he sees it, not how it truly happens.

The ISA was repealed six years ago by this present administration. Although replaced with SOSMA and POTA, it doesn’t give powers to the authorities to hold anyone without trial as the ISA did. And the ISA was being used a lot against political dissenters especially in the late 1990s during the tenure of a certain former Prime Minister.

This administration also introduced the Peaceful Assembly Act, 2012 that has allowed more freedom to assemble peacefully, unlike during those days of a certain former Prime Minister where at the slightest hint of a political dissent, you get whisked away to the University of Kamunting.

Has the author of the message been arrested yet?  Of course not.  Even when he actually committed sedition against Malaysia by encouraging Sarawak to secede from Malaysia.

How is it that a legal-trained person does not know that his act is seditious escapes me

Now, how is that seditious?  If you look at Section 2 of the Sedition Act, 1948 it tells you the following:

Section 2 defines how an act is seditious. He has committed a seditious act by definition of Section 3(1)(a)

This former Armed Forces officer also committed a crime of sedition under Section 3 (1) (b) of the same Act for encouraging Sarawak to leave Malaysia:

Section 3 (1) (b) of the Sedition Act, 1948

And you thought that the Federal Constitution protects freedom of speech?  Yes, it does.  But as with all other liberties, they are subjected to restrictions.  Article 10(1) guarantees that every citizen has the right to freedom of speech and expression, but at the beginning of the Article it also says the following:

You cannot just say anything you like although you have the freedom of speech and expression

To dissent is okay. To dissent seditiously, or criminally, or dangerously, or incitingly, is not okay.

Any legal-trained person ought to know this, right? What more a former officer of the Armed Forces!

Point 5:

“Save Our Economy”

In April 2017, the World Bank forecasted that Malaysia’s GDP would be at 4.3 percent.  This was revised in June 2017 to 4.9 percent due to an acceleration in domestic economic activities (people in Malaysia are actually spending more) by 5.7 percent year-on-year.  The GDP growth was revised again in October 2017 to 5.2 percent.

Let me quote several reports here by the World Bank.

World Bank Group lead economist Richard Record said at a media briefing on the update that Malaysia’s robust GDP growth in the first half of 2017 was largely underpinned by strong private-sector expenditure, with additional impetus from an improvement in external demand.

“Private consumption expanded firmly this year, supported by favourable income growth amid stable labour market conditions, and improved consumer confidence. Private investment also sustained rapid growth rates during the period, reflecting mainly continued capital spending in the manufacturing and services sectors,” said Richard Record.

“On the external front, gross exports rebounded strongly from the subdued growth experienced in 2016, supported by double-digit growth in commodity and manufactured exports,” he added.

Economic watchdogs are generally bullish on the Malaysian economy’s performance, buttressed by strong expansion in private consumption and private investment. In the latest update on its World Economic Outlook, the International Monetary Fund has upped its GDP growth projection for Malaysia in 2017 to 4.8 percent from 4.5 percent previously.

Apart from that, the Asian Development Bank has also upgraded its 2017 growth outlook for Malaysia to 4.7% from 4.4%, and indicated that the two-year slowdown in economic growth is likely to have bottomed out last year.

Richard Record also predicted Malaysia’s economy for 2018 and 2019.

“We are forecasting Malaysia’s GDP to grow by 5 percent next year (2018) and 4.8 percent in 2019. Our prediction reflects how we are seeing the country’s macroeconomic fundamentals’ performance and the baseline scenario,” he said.

Online economics portal ‘Focus Economics’ also said the following:

“Economic momentum remained robust in Q3 as confirmed by more complete data. Export growth expanded by a double-digit pace in September, underscoring thriving external demand for Malaysian goods. Household spending was buoyed by a low unemployment rate in September and by higher wages, which were propped up by a thriving manufacturing sector, the key driver of industrial production growth in the quarter. The 2018 budget passed on 27 October is focused on fiscal consolidation and is expected to narrow the fiscal deficit from 3.0 percent in 2017 to 2.8 percent in 2018. Despite the tightening, the budget has consumer-friendly components that will increase disposable income. These include lower income tax rates, especially for middle-income earners; higher public wages; and increased assistance spending.”

By contrast, Brunei’s fiscal deficit had hit 16 percent in 2016.

Of course, with the oil prices continue to stay below the USD70 per barrel level, Malaysia as well as other countries will continue to experience some sluggishness in the economy. However, good fiscal policies have allowed us to grow unlike a neighbour of ours that is often quoted as being a model economy.  That country’s growth have been at 2 percent in 2016, and 2.5 percent this year.

The outlook for the construction sector has taken a sharp turn for the worse, with poll respondents tipping a contraction of 4.2 per cent. The previous survey, released in June, had respondents forecasting 0.2 per cent growth in the sector.

The outlook for the accommodation and food services sector in this model country has also worsened – it is now expected to shrink 1.5 per cent, from previous estimates of a 1 per cent expansion.

Economists polled expect overall economic growth of 2.5 per cent next year for this model country, the same pace as this year.

Perhaps the author of the message we are discussing here should go down South and help revive the economy of that model country.


So, there have you.  I really do not know what the fuss is about.  All I can deduce is that the author of the message is all hot air – you can feel it blowing on your face, but there is no real substance there.  This is the same as BERSIH, and the recycling of petty but stale issues by the Opposition just so that they can remain relevant, and justify for the allowances they receive from the pockets of the rakyat.

You can express your dissatisfaction, but always do so constructively. Especially if you are a member of the Malaysian Armed Forces and Malaysian Armed Forces Veterans.

The Creeping of the Republicans

The Republican Creeps

I blame our history books.  In our eagerness to instill the spirit of nationalism, we took an easy way out by saying that we were colonised by the British, when in actual fact the whole of Malaya came under British rule only during the Malayan Union period.  Only Melaka, Pulau Pinang, Singapore, and for a while Pangkor and the Dindings were under the direct rule of Britain when they were  part of the Strait Settlements.  Other than that, the British advisers administered the Malay states through treaties, and the administrators were under the payroll of the respective Sultans or Rajas, not the British.

One of the leading evidence of the sovereignty and independence of the Malay states was a landmark case in England where in 1885 the Sultan Abu Bakar of Johor went to England, and according to the plaintiff of the case, Miss Mighell, took the name Albert Baker and promised to marry her.

It was held by court that the Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly concealed the fact that he is a sovereign, and has acted as a private individual.’ ‘When once there is the authoritative certificate of the Queen (Victoria) through her minister of state as to the status of another sovereign, that in the courts of this country is decisive’.

To an argument that Sultan Abu Bakar had waived this immunity, the court held that the only way that a sovereign could waive immunity was by submitting to jurisdiction in the face of the court as, for example, by appearance to a writ. If the sovereign ignored the issue of the writ, the court was under a duty of its own motion to recognise his immunity from suit.

The roles of the Malay Rulers are somewhat misunderstood.  While many often think that the Institution of the Rulers mirror that of the British’s Westminster-style monarchy, it is not.  The Rulers ruled this land even when the British were here to administer the land on behalf of The Majesties.

When 31 August 1957 arrived, the powers that the Rulers had invested in the British was duly transferred to a government that was chosen by the people through a process of democracy called Elections.  It is untrue that during the British administration of this land, and now, that the Rulers have no other power other than having a say in the matters of the Religion of Islam and the Malay custom.

The Rulers, as keepers of this land, continue to enjoy their position with their income regulated by the respective laws, and receive advice from the Menteris Besar (or in the case of the Yang DiPertuan Agong, the Prime Minister). This is evident in Article 181(1) of the Federal Constitution which states:

Subject to the provisions of this Constitution,” the “sovereignty, prerogatives, powers and jurisdiction of the Rulers…as hitherto had and enjoyed shall remain unaffected.

The same was noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:

a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89)

In other words, the Rulers may be Constitutional Monarchs, but they are not limited to what have been spelt out in the Federal Constitution.

When Syed Saddiq, the runner for Mahathir wrote to the Sultan of Selangor after His Royal Highness expressed great displeasure over Mahathir’s labelling of the Bugis as “pirates who should return to their own land” and pleaded for the Sultan’s support to “fight against corruption and injustice with the people” it shows this great-person-wannabe’s lack of understanding of the position of the Rulers in the Federal Constitution.

The Rulers are apolitical.  The Rulers do not take sides, or do not express openly whom they prefer over those they do not.  For instance, when the Menteri Besar of Selangor does something that is deemed un-Menteri Besar-like, the most the Sultan would do is to express a reminder for the Menteri Besar to improve his performance so that the lives of the subjects of His Royal Highness are not in any way adversely affected.  To encourage certain courses of action is part of the duty of a Sultan, but the Sultan is above politics.

In the words of Sultan Nazrin Muizuddin Shah of Perak in July 2011:

Rulers must use wisdom to calm situations, but they do not have a ‘magic lamp’ to keep unity, especially when the situation has become chaotic.

When racial strife hit Malaysia on 13th May 1969, the Sultan of Terengganu as well as other Rulers took steps to protect their non-Malay rakyats (Kobkua Suwannathat-Pian, Faculty of Humanities, Universiti Pendidikan Sultan Idris, Kobkua 2011:364). This goes to affirm the special press statement made by the Conference of Rulers in October 2008 explaining that the Institution of Rulers is a “protective umbrella ensuring impartiality among the citizens.”

After 2008, we have witnessed how lawmakers from a certain party have been rude towards the Malay Rulers, forgetting their place in the Federa Constitution.  The Rukunegara  – means nothing to them: there is no Loyalty to the lawmakers themselves are rarely guided by the belief in God as they lie as if God does not exist, they show no loyalty to King and Country except when they need favours or awards which also means they do not subscribe to the supremacy of the Constitution, they don’t believe in the Rule of Law when it does not work according to their overall game plan, and by being rude to the authorities beginning with the Malay Rulers show that they do not practice courtesy and morality.

And are we surprised that we now have common people threatening the police, council enforcement officers, biting court officers, or show gross disrespect for the authority of the Malay Rulers?  They learn such absence of manners from their political idols.

If I were to write a letter to His Royal Highness The Sultan of Selangor, it would be to plead to His Royal Highness to pressure the authorities to hasten their investigation into the seditious nature of Mahathir’s remark.

Dunce Accumulating Party

A dunce refers to a person incapable of learning.

In short, a moron.

And the DAP is filled to the brim with it. Let us start with evangelist Nga Kor Ming whose response to PAS severing ties with PKR is to say that the PAS Ulama use religion as a front.


Now wait a minute. Aren’t ulama supposed to use religion for their reasonings? What else are they supposed to use? Home science?

But this speaking before the brain neurons could connect is a character very peculiar to Nga Kor Ming.

However, the statement below is true.


And I say that the DAP is filled to the brim with morons such as Nga Kor Ming simply because they call themselves lawmakers and want to govern this country.

Yet they know nothing about the Federal Constitution or the laws of the land when they fight, as they claim, for their rights.

For example, they are willing to breach the Federal Constitution when they select their election candidates.

Enter someone from the DAP known in Australia as Dr Tiong Ting otherwise known as former Pujut state assemblyman Dr Ting Tiong Choon.


Ting found himself the target of attacks last year when someone claimed that he is in fact a naturalised Australian citizen.


Today, it has been proven that Ting had taken up an Australian citizenship which automatically annuls his citizenship of Malaysia as per Article 24(1) of the Federal Constitution.

He is an Australian citizen who had contested in one of OUR state elections!


Yet, in a press conference aired on the DAP’s Facebook Ting said that although he had taken up an Australian citizenship, he never lost his Malaysian citizenship.


Seriously?

And this is the person you voted into office and expect him to fight for your rights according to the Federal Constitution?

What is wrong with you people?

Now you can see that even the so-called learned leaders and LAWYERS in the DAP are ignorant of the Constitution!

Either that, or they would breach the Constitution and break laws as long as they come into power.

And that, my friends, is dangerous as you would be coting in people who advocate lawlessness. In simple language – gangsters.

As for Ting Tong, he can go sit in the corner until he grows a brain.


It makes me wonder now – what kind of monkeys is TalentCorp bringing back?

When The Bar Is A Place To Drink

I am not sure if I am supposed to be surprised or if I should express shock at the latest statement issued by the President of the Bar Council of Malaysia, because no matter the President, they all speak like they have been doing nothing but drinking.

The courts should not refer to laws, says the Bar Council President

The currrent President, George Varughese explained that tort of misfeasance in public office is derived from British common law, which is unwritten but fully applicable in Malaysia.

“The action was therefore not brought under the Federal Constitution or any written legislation, and the High Court should therefore not have relied on either of these in determining whether the prime minister is a public officer. The nature of the powers of the office of the prime minister ought to have been examined to determine whether that office qualifies as a public office under common law,” said Varughese in a statement yesterday.

In striking out the suit, Justice Abu Bakar Jais had ruled that Najib, as the prime minister, is not a public officer and hence the suit has no cause of action. He based his decision on Article 132 of the Federal Constitution and the Interpretations Act 1948 and 1967, under which the prime minister, ministers, deputy ministers, and political secretaries are not considered public officials but as members of an administration.

This is the first time that I am hearing a call for judges not to refer to any written laws or the Constitution under which laws are made and enacted.

Firstly, Varughese himself explained that the tort of misfeasance in public office is derived from British common law, the ‘common law‘ being the operative phrase here.  Malaysia’s legal system operates three kinds of laws: the common law, the Shariah law, and the customary law.

Under the common law, what Varughese is suggesting is for Justice Abu Bakar Jais to have tried the case under primae impressionis, a legal case where there is no binding authority and the findings adjudicatory in nature.

However, the learned judge (which is why he is a judge, and the present AG also is an ex-judge) knows he is bounded by laws and the Constitution, and therefore has to make interpretations based on the laws and the Constitution of which his ratio decidendi is derived.

I see lots of negative comments have been made because of the decision of the learned judge.  Some cite American laws and interpretations of the Australian law on the definition of the”public officer” but forget that this is a Malaysian common law case applied in a Malaysian court of law.  If one wants to cite Section 3 of the Corruption, Crime and Misconduct Act 2003 of Western Australia, we might as well refer to and use the Saudi Arabian Criminal Law here and let us see if more than 95 percent of the population would wish to migrate!

This is why Justice Abu Bakar Jais is a judge, and not some gobbledydook like the commentators are.

And another gobbledydook commented that if Najib Razak is not a public officer, then he is a coolie. He would know that word. That is the occupation of his ancestors when they were brought here from Kerala to toil the rubber estates.

I cannot imagine how many judges would have been fired from their job for deciding in favour of the opposition if he is being given powers again.

Fortunately, Najib Razak is not a dictator like this coolie-descendant is.

Says the descendant of coolies

A Much Friendlier PM

Najib has the Pan Borneo Highway go without toll al the way to Sabah – photo courtesy of Sabahkini

Today, the PAS Secretary-General Datuk Takiyudin Hassan said that the Najib Razak-led government is more open towards the party.

We have always wanted to attend federal programmes, but it was never allowed and we were never invited.  But now, they are more open to having PAS. Maybe that is the new approach,” he said.

Recently,  PAS President Haji Abdul Hadi Awang attended a federal government programme and was seen to be very close to Minister Ahmad Shabery Cheek in a photograph that had set the tongue of his foes wagging.

Najib Razak is in Sabah again today, announcing more initiatives for the youth of Sabah at the launching of Gathering of Rising Entrepreneurs, Act Together (GREAT) 2017 at the Magellen Sutera Harbour Resort in Kota Kinabalu.

Najib said the Sabah government should also set up a centre for young entrepreneurs similar to that of Sarawak’s Borneo744 in Kuching.

If there is a suitable site, I wish to propose the setting-up of a Blue Ocean Entrepreneurs town, making it the second of its kind after Sarawak,” he said.

We must find ways to increase the participation of young people with education, skills, leadership skills and entrepreneurship,” he added.

In another development, Sabah’s Special Tasks Minister Datuk Teo Chee Kang said the state cabinet led by Chief Minister Datuk Seri Musa Aman had a fruitful breakfast meeting with Najib.  Teo said that the state cabinet had put forward its claims for a review of the special federal monetary grants, mandatory every five years under Article 112D of the Federal Constitution.

Among the things on Sabah’s wishlist given to Najib is for Sabah to be given back the power to make laws and regulate the production and distribution of gas and electricity be delegated back to Sabah, a state power which was taken away during U-Turn Mahathir’s time in 1983.

Wasn’t Mahathir a Sabah-friendly PM?

According to Datuk Dr Jeffrey Kitingan in 2016, Mahathir was the worst PM for Sabah.

He introduced ‘Project IC’ and told me not to ‘teach’ the people what they didn’t know (Sabah rights),” he said in his statement via Whatsapp to Borneo Post.

Jeffrey also pointed out in 2013 that it was vital that the federal government clean up the mess created by (former prime minister) Dr Mahathir Mohamad in Sabah which had put Sabah and its citizens at perpetual risk.

They made Sabah insecure by supporting Muslim rebellion in the Philippines and supplying them weapons, giving them refuge and training facilities in Sabah and, worst still, by deploying them as voters in Sabah through the ‘Project IC Mahathir’, despite knowing full well that the same group of people from the Philippines have unsettled claims over Sabah.”

Datuk Seri Panglima Dr Maximus Ongkili said Mahathir’s admission that he was a dictator during his 22-year reign as Malaysia’s prime minister “is a classic understatement of the century.”

Dr Maximus added this to his description of Mahathir: “He was a tyrant, bully and oppressor, especially towards Sabah political leaders.”

Living on borrowed time that God has given for him to repent, Mahathir still has his dreams unrealised.  The only person between him and achieving his dreams is Najib Razak.  Which is why the only thing that he has not done is to leave Islam to help DAP achieve its racist ideas.

Mahathir has licked all the gob he had spat out at the DAP since 1969.

Today, Mahathir again called upon the voters in Pekan to not vote for Najib Razak.

The residents and voters of Pekan have the opportunity to save the nation by causing the defeat of Datuk Seri Najib,” he said.

I don’t know what it is that he wants to save the nation from when all that he had achieved single-handedly was to further divide the nation and opress its people.

This is nothing new to Sabah’s Deputy Chief Minister Datuk Joseph Pairin Kitingan.

Once he makes up his mind he does not like a person, just like how he did not like me, he would go all out to dislodge that person.  He tried to do that with me,” Pairin said.

Mahathir once claimed that he had saved all his earnings (RM20,000 a month) as the Prime Minister and left the job with RM5 million in his savings.

In my opinion, his story that he had been saving is purely hogwash.

Najib is trying hard to give back as much as possible to the people of Sabah what Mahathir had taken away from them.  There was hardly any change in the state during Mahathir’s 22-year rule.

Perhaps this is, as PAS’s Takiyuddin had pointed out, the new approach by the Najib administration.  An approach where he listens and tries to help every quarter out.  Try asking for the same during Mahathir’s time.  His favourite song, “My Way” by Frank Sinatra says it all.

Dr Maximus also pointed out and referred to Mahathir’s claim that even though he was a dictator, no one went to the streets to demonstrate against him.

Says who (that no one protested against Dr Mahathir)? Many of us who questioned his policies and actions ended up being detained under the ISA. (Deputy Prime Minister Datuk Seri) Zahid Hamidi and I myself ended up 59 days in detention by Mahathir’s orders,” he said.

It is time for Sabahans to allow Najib to help them, and bury Mahathir for good.