Stupid Questions 

Tan Sri Khalid Abu Bakar, the 10th Inspector-General of Police has retired after an illustrious four decades with the Police force.

Detractors remember him as thr IGP that had clamped down on illegal assemblies, arrested agent provocateurs and the one who has stood up when certain parties defied the law.

I choose to remember him as the IGP who, with budget constraints and constant trial by opposition media, managed to halve the crime rate in 2016 compared to the previous year, and brought down the crime index in the same period.

We should not also forget that under his leadership the men and women of the Royal Malaysian Police had thwarted countless potential terrorist attacks although one grenade managed to be lobbed at the Movida bar in Puchong.

With his retirement, Khalid has been appointed the Chairman of Prasarana Berhad as well as a special envoy for anti-terrorism/extremism and human trafficking.

Many question his appointment as the Chairman of Prasarana. Among them is DAP’s Ong Kian Ming who, being a twit, posted this question on Twitter:


I don’t blame Ong Kian Ming for displaying such stupidty. Why else do you think that he chose the DAP to be his political platform?

For those who asked the same question, Prasarana’s Chairman post is a non-executive post. Khalid does not need to get involved in the day-to-day running of the GLC. Have you heard of a Chief Executive Officer? Yes, that is the guy who runs the show.

So save some of your stupidity for later. You still have decades ahead of you.

The other person who asked the same question unfortunately is PPP’s Vice President Andrew Tiong Yap Choon who asked the following in a reply to a Facebook posting:


Perhaps he should have asked around about Khalid’s appointment. He would have easily gotten the answer as his party’s President, M Kayveas, is currently the Special Advisor to the Minister of Transport.

If he does not have direct access to Kayveas then maybe he should have asked Anthony Francis Fernandes what did he know of the airline business having jumped straight into it from the music industry?

Or just ask Benta Estate boy, Kayveas, what does he know about transportation that he got picked to advise the Minister of Transport since he is not from that background?

Clever is knowing what to ask. Wise is knowing if it should be asked. Sadly, many are neither.

Constitutionally Speaking

parlimen

The Opposition (DAP, BERSIH, Pribumi) is just recycling old issues.  No matter if the issue raised had been clarified or debunked countless times before.  I did not include PAN in the parentheses because it would be ridiculous in my opinion to even consider it a political party given the cartoon characters that fills its ranks.  Not even BERSIH’s convoy in Penang could garner more than 50 supporters to join its convoy in that staunch Opposition state!  A sign of times, perhaps?  Issues like 1MDB is being played over and over again, especially by Mahathir’s Das Schwarze Korps but hardly gained any traction as people are bored of the same story being played repeatedly with goalposts changed to suit the message they try to send.

So, what should they do next?

Enter His Majesty Yang DiPertuan Agong.

Mahathir's Das Schwarze Korps creating a perception that the YDP Agong has the power to dismiss the Prime Minister
Mahathir’s Das Schwarze Korps creating a perception that the YDP Agong has the power to dismiss the Prime Minister

Before the independence of Malaya in August 1957, there were three parties to the discussion on the subject of the independence.  They were the Malay Rulers of the Federated and Unfederated Malay States; the British who, by virtue of treaties signed with the Malay Rulers, helped administer their respective state; and the Alliance party (UMNO, MCA and MIC) who, by virtue of winning all but one seat in the 1955 General Elections was the de facto voice of the people of Malaya.  Save for Pulau Pinang and Melaka, the rest of the states in Malaya were NOT colonies of Great Britain.  Therefore, the discussion was about the transfer of administrative powers from the representatives of the Malay Rulers (the British) to a government formed through the elections by the people of Malaya.  31st August 1957 was an independence from feudalism, not colonialism. (Read SeaDemon: The Road to Merdeka – Whom Did the British Prefer?, 17 September 2011)

You must understand that while the Rulers retain some of their functions, the government is run by those elected by the rakyat. This was done to ensure that democracy in then-Malaya was not to do away with the Malay Rulers.  Therefore, Mahathir’s attempt to get the Rulers Institution to dismiss Najib Razak for someone else as the Prime Minister, there is nothing that any of the Rulers could democratically do.  The Rulers, although above the law, are not above the Federal Constitution.  Like with the British advisors, there is virtually nothing that the Rulers could do without the advise of the Prime Minister or the Menteris Besar to affect the state or Federal administration except in a few circumstances.

Article 43(2) of the Federal Constitution states that:

2) The Cabinet shall be appointed as follows, that is to say:

(a) The Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

(b) He shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament

What it says here is in order to have a functioning government, the Yang DiPertuan Agong would have to first appoint a Prime Minister who in his judgment is likely to command the confidence of the majority of the Dewan Rakyat members. The term ‘who in his judgment is likely to command the confidence of the majority of the members of that House‘ here is critically important and we shall visit this aspect later.  This term and Article must be read together with Article 40(2) of the Federal Constitution that says:

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

(a) the appointment of a Prime Minister;

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

What it means according to Article 40(2) of the Federal Constitution is that the Yang DiPertuan Agong has the discretionary power to appoint the Prime Minister subject to his own discretion but limited to the ambit of Article 43(2) of the same.  In Article 43(5) states that only Ministers can be dismissed by the Yang DiPertuan Agong on the advice of the Prime Minister:

Subject to Clause (4), Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.

In Teh Chang Poh vs PP (1979 – 1 MLJ 50) William John Kenneth Diplock (Lord Diplock) opined the following:

Although this, like other powers under the Constitution, is conferred nominally upon the Yang di-Pertuan Agong by virtue of his office as the Supreme Head of the Federation and is expressed to be exercisable if he is satisfied of a particular matter, his functions are those of a constitutional monarch and except on matters that do not concern the instant appeal, he does not exercise any of his functions under the Constitution on his own initiative but is required by Article 40(1) to act in accordance with the advice of the Cabinet. So when one finds in the Constitution itself or in a Federal law powers conferred upon the Yang di-Pertuan Agong that are expressed to be exercisable if he is of opinion or is satisfied that a particular state of affair exists or that particular action is necessary, the reference to his opinion or satisfaction is in reality a reference to the collective opinion or satisfaction of the members of the Cabinet, or the opinion or satisfaction of a particular Minister to whom the Cabinet have delegated their authority to give advice upon the matter in question.

Therefore, Constitutionally-speaking, the Prime Minister can only be replaced in only two circumstances:

  1. when the Prime Minister loses the majority of support of the members of the Dewan Rakyat (therefore the appointment of a new one would have to be based on the judgment of His Majesty the Yang DiPertuan Agong that has the most majority support of the Dewan, or,
  2. A General Election causes the Prime Minister to lose his parliamentary seat, and His Majesty would have to appoint one before appointing a Cabinet as prescribed in Article 43(2)(a).

The Yang DiPertuan Agong therefore cannot act ultra vires.

So, why is Mahathir’s Schwarze Korps so eager in pushing the idea of the Rulers Institution being able to remove a Prime Minister?

The answer is: propaganda that only zombies would accept at face value.

Just like the 1MDB issue where Schwarze Dummkopf A Kadir Jasin et al are saying that the investigation into the case has stopped altogether, whereas the Inspector-General of Police had announced on 19 August 2016 that the investigation into the 1MDB issue has entered its second phase!

I guess Mahathir’s interest in ousting Najib Razak is just so one of his Pribumis could be appointed as the Prime Minister. For that reason he is trying to make a pact with Anwar Ibrahim’s PKR. He knows that his lie about the powers of the Agong to remove Najib Razak will soon be debunked, and that it is just noise – no substance.  Therefore, he would need to work with PKR, DAP and jumpers from the BN to oust Najib Razak in accordance with Article 43(2)(a).

However, despite declaring that Muhyiddin would become the Prime Minister if the Opposition wins, we all know that the protem President of Parti Pribumi would never make it as the Prime Minister.  Muhyiddin has far too many baggages that would be easy to pick on.  His son Mukhriz is the favourite contender. He said so HERE.

Mahathir's confession that he wants his son Mukhriz to become the PM instead of Muhyiddin
Mahathir’s confession that he wants his son Mukhriz to become the PM instead of Muhyiddin

Well Muhyiddin, you have been had!

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Stop Breathe Think Act

Stop, think, breathe, act. It is a life-saving rule in times of trouble.  Monkeys are not known to be capable of acting this way.

Here, have a read at this first:

Press Statement by YB Zuraida on IGP Tan Sri Khalid Abu Bakar

2 September 2014

The IGP has gone overboard with his latest arrest of the Penang Voluntary Patrol Unit (PPS). As IGP, he cannot simply declare any society as illegal and should go through proper procedures. Any society unregistered with the ROS must first be declared illegal by the ROS like Hindraf. There must also be proof that the society had tried to register with the ROS and was declined its registration.

The scenario for PPS is different. PPS is part of the Penang State Government body and comprises of the state exco members and state assemblymen.

The IGP should be aware that he is a public servant and that the public’s interest comes first. The police force should not be used as a means to oppress the public.

PPS had always been a voluntary unit to help the community in emergencies and disasters. If the PDRM had been efficient, there would be no need for volunteers to step up and help the police in their work. These volunteers sacrifice their family time just to make their neighbourhood a safer place to live in. Due to the community spirit and selflessness of these PPS members, crime rates in Penang have gone down.

PPS was set up many years ago. There is no reason why the IGP should suddenly and unjustly call it illegal and start to crackdown on these innocent volunteers when all along, these PPS members report to their respective neighbourhood police stations before patrolling the area. Threatening to raid the homes of these volunteers unless they surrender themselves to the police is also absurd and an abuse of power.

The IGP has shown very weak leadership.

In the case of Victor Wong and Nasrul, both who offended the IGP by describing him as Henrich Himmler and Anjing BN respectively, and subsequently being directed by the IGP that both be investigated by the Police Cyber Investigation Response Centre (PCIRC) shows a lack of tolerance for personal opinion. Even after Victor Wong tweeted an apology to the IGP and PDRM, Khalid is bent on taking action against the two under Section 233 of the Communication and Multimedia Act 1998 and Sedition Act 1948.

These heavy-handed clampdown on those in opposition towards the Federal Government is a repeat of Operasi Lalang.

The IGP should be reminded that the PDRM is not his personal army.

YB Zuraida Kamaruddin
Ahli Parlimen Ampang
Ketua Wanita Keadilan

I instantaneously burst into laughter after reading the statement above. Of course, Zuraida aka Mak Lampir is just one of those Lab Monkeys the PKR fielded in 2008 and never expected to have won the seat.  Perhaps she, like Wan Azizah, need to have a good grasp of their surroundings and of current affairs before coming up with such bravado (Wan Azizah still thinks that the Lembaga Letrik Negara or LLN still exists!).

The Royal Malaysian Police only affected the arrest of more than a hundred members of the illegal Persatuan or Pertubuhan Peronda Sukarela (PPS) or whatever you call it by on the 31st August 2014, that Lim Guan Eng claims to have been set up four years ago under the powers vested to the Penang State Government to assist the police in crime-fighting.  However, members of the PPS have been seen putting up DAP party flags and banners instead and have been involved in acts that are extrajudicialis.  Nothing much is known about the PPS despite having been set up for four years. No paper work, no guidelines, nothing.  It is just a band of vigilantes set up in the name of the state government.

 

The action by the police was taken after a warning was issued for the PPS NOT to gather on the 31st August 2014.  This was after the letter below dated 26th August 2014 from the Registrar of Societies was received:

Letter from RoS on the status of the PPS
Letter from RoS on the status of the PPS

With such information in hand, only idiots like Zuraida and those who support her still think that it is absurd and an abuse of police power for going after the members of the PPS.  Lim Guan Eng’s feeble attempt at equating the PPS to the JKKK is also a funny act.  The JKKK (Jawatankuasa Keselamatan dan Kemajuan Kampung) is formed under the local government to become a committee to channel issues affecting the socio-welfare, development and security of a kampung.  They do not have extra-judicial but absent powers and do not wear any uniform like that of the PPS.

Sméagol and Gollum. Innocent and dangerous at the same time.
Sméagol and Gollum. Innocent and dangerous at the same time.

If Lim Guan Eng is so adamant that the police in Penang are short-handed, why not utilise the funds paid tot he PPS members to provide allowances to support the RELA and Rukun Tetangga initiatives, both which are legal organisations empowered to assist the police when needed? Why the need to set up a shady uniformed organisation that has no guideline whatsoever and does all DAP’s biddings?

Anyway, as I mentioned, Zuraida is a lab monkey from the 2008 era. Had she read the letter from the RoS above and understood its content and where it falls on the timeline, she might not have issued such  press statement that excites the public’s disaffection against the administration of justice.

Zuraida Kamaruddin's press release smacks of seditious tendencies
Zuraida Kamaruddin’s press release smacks of seditious tendencies

As other lab monkeys gone rogue, she needs to be hauled up too!

 

Just Ranting, Laaaaaaawwww!

Let me just rant.

If you read the title above with a Malaysian-Chinese accent, you’ll get the effect.

What is unique about our Federal Constitution and the laws made under it?  That it has both the “secular” and “Islamic” features.  The “secular features include Articles that give the Federal Constitution its supreme status, that the provision of Islam as THE religion of the Federation of Malaysia does not depart from any other provision, that the Syariah courts have limited authority, so on and so forth.  Meanwhile, its theocratic features include provisions that allows the independent nature of the Syariah courts from the civil courts (Article 121 (1A)), ALL Muslims are subject to the Syariah laws, State support for Islamic religious institutions, preaching of any religion to Muslims is regulated, that the concept of Malay and the religion of Islam are intertwined, and several other provisions made pertaining to Islam being the religion of the Federation. Bear in mind that Articles 4(1) and 162(6) of the Federal Constitution affirm the supremacy of the Federal Constitution over Parliament – contrary to popular belief.

Now, what am I ranting about? Initially, I wanted to rant about ESSCOM and the latest kidnapping, but since two recent issues are more pressing than Mentek’s failure-blame-placed-on-the-police-army-and-navy issue.  They are the comment made by Tan Sri Khalid Abu Bakar, the Inspector-General of Police on the issue of the custody of two children to two sets of parents of different religion as well as Menteri Besar of Selangor’s plan to seek audience with HRH The Sultan of Selangor on the possible return of Bibles confiscated by MAIS/JAIS to the Bible Society of Malaysia.

A bit of background on the first issue: custody.  Two couples namely Muslim-convert Izwan Abdullah and ex-wife S.Deepa, and M. Indira Gandhi and her ex-husband, also a Muslim-convert Mohd Ridzuan Abdullah. Both men converted to Islam without the knowledge of their respective wife resulting in the latter claiming for custody of their children.  Well, it is slightly more complicated than how I have described the case but that is the gist of it. The civil courts have granted custody to the wives while the Syariah courts sided with the husbands. In both cases, the children were converted to Islam without the respective wife’s prior knowledge.

How did the IGP get into the line of fire?  The IGP has refused calls from certain quarters of the public to get the Royal Malaysian Police involved by upholding the various courts order and suggested for the Welfare Department to take custody of the children instead.

I agree with the IGP that the police should not get involved in the custody struggle, but on the other hand the police cannot ignore an arrest warrant issued by the court.  The dilemma here is that the police is expected to uphold both laws, civil and syariah. However, we must all look at the broader picture.  What the IGP said is right.  The children in the custody fights should be under the care of the Welfare Department.  People from the Welfare Department who say otherwise are either ignorant of the law, or are just trying to wash their hands in this matter.  Section 17(1)(h) says that a child is in need of care and protection if there is a conflict between the child and his parents or guardians, that family relationships are seriously disrupted, thereby causing the child emotional injury. Section 18 of the same Act gives the provision for the Welfare Department to take the child into temporary custody.

Why am I in agreeable with this measure?  Even with Ridzuan arrested and placed in custody for contempt of court, he is still entitled to the normal legal channels and can file an appeal against the custody order made in favour of his ex-wife by the High Court.  Only when ALL legal channels have been exhausted, and a final court decision has been made regarding these two cases then the Police should carry out the final order. With the children in custody of the State, the parents can have equal and neutral access to the children at pre-determined times, regulated by the Welfare Department.  All conversions should go through a process where the original Identification Card be held by the religious officer performing the conversion, and the conversion to be registered at the National Registration Department for the converted to receive an Identification Card.  The process should also include a meeting with the spouse/family of the person wanting to convert before any conversion to take place.

Now, back to the issue of the confiscated Bibles.

I have written at length on this issue earlier this year.  I even provided the background why they can use Allah in Sabah, Sarawak and even Indonesia but not in Peninsular Malaysia here ,here and here.

The Majlis Agama Islam of Selangor (Selangor Islamic Religious Council) and the Jabatan Agama Islam Selangor (Selangor Islamic Religious Department) or known to many simply as MAIS and JAIS respectively, are adamant to uphold the Control and Restriction on the Propagation of Non-Islamic Religions Enactment, 1988 under which the Bibles in the Malay language are confiscated.  May I remind everyone that the Enactment is a strict-liability State law, and not a law made under the Syariah context. It applies to all, non-Muslims and Muslims alike.  On 11th June, the Attorney-General, Abdul Gani Patail announced that JAIS had erred in seizing the Bibles, and that no charges would be made, rendering the case closed.

Just as I thought the A-G as a useless human being in this particular post, I strongly believe that the statement he made and how he came to this decision are driven by grave errors.  Firstly, the A-G had made irrelevant introductions to the case by treating the case as one that involves national security. This is because the A-G’s Chambers had recorded statements made by Home Ministry officials indicating that the Bibles do not fall under their purview, therefore do not involve national security. This, my dear A-G, is not about national security. It is about the dangers to public order and moral. Due to the statement made by the A-G on this matter, the Menteri Besar of Selangor, Khalid Ibrahim, will be meeting His Royal Highness the Sultan of Selangor to discuss the issue of returning the Bibles to the Bible Society of Malaysia. Making matters worse is the Prime Minister himself has seen fit to get involved in the melee that is a State prerogative by suggesting that MAIS meet up with the A-G to discuss way forward.

Here is what MAIS and JAIS should do in the case of the useless Attorney-General: go to court and apply for a writ of mandamus to compel Gani Patail to do the right thing. Gani has erroneously digressed from the crux of the issue and have added to the confusion of many, with the possibility of creating a wrong precedence.  The A-G as a public officer should have carefully studied the issue AS IT IS, and not introduce irrelevant matters such as national security before coming to a decision.

May I remind MAIS that in the case of the A-G, to refer to Teh Cheng Poh @ Char Meh v. PP  case where Lord Diplock who was a member of the Privy Council opined in 1978 that the Attorney-General had erred in allowing for the trial of a 14-year old juvenile in the High Court. The 14-year old was represented by the late Karpal Singh. Therefore, MAIS should apply for a writ of mandamus. Meanwhile, MAIS should also file a police report against Shah Alam MP, Khalid Samad, who suggested that MAIS’s authority over JAIS be removed, effectively usurping the powers of the Sultan of Selangor in an unconstitutional manner.

In both cases mentioned above, the rule of law must prevail and should not be allowed to be manipulated by anyone, especially by the politicians, and cool heads should prevail.  Government agencies should also act without fear or favour in exercising the provisions of the law.  Meanwhile, public officers who cannot perform tasks expected of them should be removed.

Gani said statements recorded from Home Ministry officials also indicated that the books did not fall under their purview and, thus, did not involve national security. – See more at: http://www.themalaysianinsider.com/malaysia/article/bible-seizure-case-closed-no-prosecution-says-a-g#sthash.J58v3D4q.dpuf
Gani said statements recorded from Home Ministry officials also indicated that the books did not fall under their purview and, thus, did not involve national security. – See more at: http://www.themalaysianinsider.com/malaysia/article/bible-seizure-case-closed-no-prosecution-says-a-g#sthash.J58v3D4q.dpuf
Gani said statements recorded from Home Ministry officials also indicated that the books did not fall under their purview and, thus, did not involve national security. – See more at: http://www.themalaysianinsider.com/malaysia/article/bible-seizure-case-closed-no-prosecution-says-a-g#sthash.J58v3D4q.dpuf