SeaDemon Says

Posts Tagged ‘Terengganu

What everyone fears most is for the Malays to unite.  I wrote this a few months back.  All the lawmakers know that the RUU355 amendments have no impact whatsoever to the non-Muslims, and even if all the Muslims MPs from both PAS and UMNO were to vote for the amendments, they will never attain the 2/3rd majority required to pass the bill for it to go to the next stage.

Which is why the Malays in the DAP, PAN, PKR and Pribumi are the tools for the DAP leadership to use, as in the words of Superman Hew, “to screw the Malays using the Malays.”

Objections are raised using mainly the Malay tools.  The screen-capture of a Twitter conversation between a BERNAMA journalist and a PAN MP is the evidence to that.

In the run up to its tabling, the RUU355 has met with lots of resistance.  I don’t believe that the lawmakers don’t know that it is the right of each religious group to manage and administer its own affairs.  I also don’t believe that the lawmakers do not know that Islam is the religion of the Federation.

But the resistance towards it is mainly to avoid the provision of an opportunity for Muslims and Malays to unite just before the next general elections.  They oppose just for the sake of opposing.

And then in comes the individuals who do not see or understand that in Islam, protecting the rights of a community supercedes the rights to protect an individual’s rights, nor understand the separation of jurisdiction between the civil law and Syariah law.

This dual system of law first existed in the Malay states in Perak in 1807 with the introduction of the Royal Charter of Justice of 1807 in Pulau Pinang.  Prior to that, laws based on the Syariah has been the lex loci of this land.

Islam first came to this land in the ninth century A.D and flourished in the 13th century, 200 years before the kingdom of Melaka was founded. The first evidence of a coded Syariah law was from the Terengganu’s Batu Bersurat, written in 1303, a full century before Melaka.

The kingdom of Melaka produced two major legal digests, which formed the main source of written law in Melaka – the Hukum Kanun Melaka , and the Undang-Undang Laut Melaka .  The Hukum Kanun consists of 44 chapters, which touched upon matters such as the duties and responsibilities of the Ruler, prohibitions amongst members of society and penalties for civil and criminal wrongs and family law.  The Undang-Undang Laut consists of 25 chapters, which covered maritime matters, such as the duties and responsibilities of ships’ crew, laws pertaining to voyages and trade.  The law contained in the above written codes are said to be based on Islamic law of the Shafie School, together with elements of local custom.

Melaka’s written codes were responsible for the growth of other written codes in other states of the Peninsula: Pahang Legal Digest 1595, the laws of Kedah 1605, the Laws of Johore 1789, and the 99 Laws of Perak, 1878.

Therefore, the question of the Syariah creeping into the lives of the Muslims of the land does not hold true.  The reverse however is.  The RUU355 is not about amending the offences but merely seeking the agreement to enhance the punishments to be meted out for the offences.  And as explained in previous writings as per clickable links above, the Federal Constitution is the supreme law of the land and therefore offences already covered in the Penal Code as well as in other civil laws made canoot be tried under the Syariah laws of Malaysia.

Furthermore, the separation of jurisdiction of the legal systems provided by the Constitution also ensures that the rights of non-Muslims are protected – only Muslims can be subjected to the Syariah law.

On the question of the Muslims being subjected to dual laws, this is not a problem. If a Muslim commits theft, he will not get his hand amputated in Malaysia.  Theft is an offence under the Penal Code and therefore the Muslim offender gets punished according to what is provided for by the Penal Code.  The punishments that the Syariah court can mete out cannot go beyond the Second List of the Ninth Schedule of the Federal Constitution of Malaysia.

DAP Emperor Lim Kit Siang was against the introduction of Section 298A of the Penal Code of Malaysia.  In a Parliament debate on the 9th December 1982 on the Penal Code and Criminal Procedure Code (Amendment) Bill 1982 he said the following:

I quote:

I was aware that the new Section 298A of the Penal Code has also been drafted in order to punish the non-Muslim partner in a khalwat offence until I read a Bernama write-up on the amendment the other day. The Bernama report exulted that now both the Muslim and non-Muslim parties to a khalwat offence would be punishable, the non-Muslim under the Penal Code amendment.

A Muslim found guilty of khalwat is usually fined $200 or $250 under the Muslim enactments of the various States. I have caused a check of the penalties for khalwat, offences in the various states, which vary from State to State but they all range from the lightest penalty of $100 or one month’s jail in Kelantan to the heaviest penalty of $1,000 or six months’ jail, as is to be found in Johore. However, the non-Muslim partner charged under the Penal Code Section 298A for khalwat activity which causes or attempts to cause or is likely to cause disharmony, disunity on feelings of ill-will would be exposed to an offence which is punishable with three years’ jail, or fine, or both.

This is most objectionable and unjust where for the same act, different persons are charged under different laws where one of them imposes much heavier penalties. Or is the Muslim partner in a khalwat charge going to be charged under the Penal Code in the Criminal courts? I am sure that the Shariah Courts in the various States would vehemently oppose this as a serious erosion of the jurisdiction and powers of the Shariah Courts.

So, in 1982 Lim Kit Siang opposed the introduction of Section 298A because a similar offence tried under the Syariah law would only provide for a much lesser sentence.  Why is he complaining now about Hadi wanting to introduce higher punishments for the same?  Wouldn’t it be fair for the non-Muslims?

He added:

As the purpose of the 2M government is to uphold the sanctity of Islam, defend true Islamic values and Muslim unity in the country so as to be able to deal with the problems of kafir mengafir, two imam issue, separate prayers and burials, in the Muslim community, the government should confine its legislative efforts to the Muslims only, and not draft a Bill with such far-reaching consequences in allowing for State interference in the practice, profession and propagation of non-Muslim faiths.

35 years later, he backtracks on the need for Muslims to make better its laws for the Muslims only. Which is why I say Lim Kit Siang is opposing for the sake of opposing so that the Muslims do not rally behind this bill months before the general election is due.

Even PKR’s Wong Chen acknowledged back on 29th Aril 2013, six days before the 13th General Elections that in order to gain support from the Malays, PAS, which was a partner in the Pakatan Rakyat coalition, needed to play up the Hudhd issue and had the full support from the parties in the Pakatan Harapan.

Hannah Yeoh, who is the Speaker of the Selangor State Assembly even allowed the Hudud motion to be brought into the assembly.  So why oppose the same motion when it is brought into Parliament? Why the double standard?

And why must Lim Guan Eng ask the BN components such as MCA, MIC and others to bear responsibility for the tabling of the RUU355?  Why don’t he ask his party’s Anthony Loke and Hannah Yeoh instead? They both supported Hudud and the tabling of Hudud in the Selangor State Assembly (as in the case of Hannah Yeoh).

Anthony Loke even went to town with his support for Hudud telling his Chinese audience not to be aafraid of Hudud:

Yet, the RUU355 is not even about Hudud. So, what is unconstitutional about the RUU355?

Only the objections by the vapid non-Muslims against the RUU355 is unconstitutional, as it is a right given to all religious groups, not just the Muslims, to manage its own affairs.  I don’t have to agree with the amendments proposed by the RUU355, but it is my religion and therefore it should be left to the Muslims to manage its own affairs – as guaranteed by the Federal Constitution.

And as for the atheists, just stay off my social media accounts. You don’t have the locus standi to participate in this debate.

Melayu Mudah Lupa.

Demikianlah ungkapan pada suatu ketika dahulu oleh seorang insan yang kini  berduka cita akibat kehilangan kuasa memerintah secara proksi. Ungkapan ini amat sesuai dengan seorang Melayu Kelantan yang mudah lupa mengenai pemerintahan kuku besi penuh kronisme dan nepotisme yang pernah beliau sendiri kutuk pada suatu masa dahulu. Bukan lama pun, enam tahun yang lepas sahaja.

Sendiri kutuk, sendiri lupa


Melayu Kelantan Mudah Lupa ini baru-baru ini telah memberi kata-kata manis mengenai Insan Kecewa yang telah menjanjikan pemulangan royalti minyak kepada negeri Kelantan sekiranya Parti Pribumi dapat menguasai negeri Kelantan dan Kerajaan Pusat.

Janji! Jangan tak janji!


Ini merupakan suatu janji berupa pembohongan yang pernah ditaburkan oleh Anwar Ibrahim sebelum pilihanraya yang lepas. Apa dikisahkan dosa dan pahala? Asalkan hajat dicapai.

Janji! Jangan tak janji asalkan belakang boleh ditikam!


Kepada yang tidak mudah lupa, atau separuh lupa, atau akil baligh semasa Pilihanraya 1990, Mahathir lah anasir yang telah menghentikan royalti minyak kepada negeri Kelantan sebagai hukuman buat para pengundi Kelantan kerana memberi sokongan kepada PAS hinggakan kerajaan negeri Kelantan pimpinan Barisan Nasional tewas kepada PAS yang disokong oleh Semangat 46, parti pimpinan seteru kuat Mahathir, Tengku Razaleigh Hamzah.

Hukuman yang sama telah dikenakan terhadap negeri Terengganu setelah Barisan Nasional pimpinan Mahathir tewas kepada PAS di negeri tersebut pada tahun 1999.


Adakah Mahathir dan Zaid beranggapan bahawa orang Kelantan adalah bodoh dan mudah lupa seperti mereka? Atau sengaja ingin mengucar-ngacirkan pemikiran rakyat Kelantan kerana khuatir akan kerjasama di antara PAS dan UMNO?

Mahathir akan lakukan apa jua untuk berkuasa, termasuk menjadikan lain-lain orang sebagai proksi beliau untuk terus mempunyai kuasa menindas rakyat demi kepentingan diri sendiri dan keluarga beliau. Mahathir juga sanggup mengaku bahawa beliau seorang yang pelupa apabila disoal di dalam mahkamah mengenai perkara-perkara korup yang melibatkan beliau seperti skandal rasuah PKFZ dan lain-lain.

Rakyat Kelantan khususnya dan Malaysia amnya wajib menolak makhluk perosak yang mengaku Melayu ini yang mahu merosakkan wadah perjuangan orang Melayu dengan memecah-belahkan perpaduan demi nafsu serakahnya.

Sesungguhnya Mahathir telah lupa dosa-dosa beliau terhadap negara. Sama-samalah kita ingatkan beliau semula.

Mahathir nyanyuk tanda nak mampus! Kalau ikut kata-kata Bujang Lapok

Congratulations to Azizulhasni Awang, the Pocket Rocketman, for winning a bronze medal in the Kierin event at the Rio Velodrome recently.  It is an achievement to be proud of.

However, he spoiled the celebration by making a statement, thanking the Terengganu Menteri Besar sarcastically for NOT rendering any assistance to him and his teammate in their preparations for the 2016 Olympics in Rio de Janeiro.

Taken from Azizulhasni Awang's Facebook page

Taken from Azizulhasni Awang’s Facebook page

It is clear that Azizulhasni Awang, or Jijoe to his fans, felt frustrated for not getting any support from the Terengganu State Government as he was born and bred in the coastal town of Dungun. He alleged that a proposal for a road bike had been sent a year before the Olympics to the Menteri Besar but no response was ever received, and that calls to the Menteri Besar by his manager was never answered.

Several questions here: why send such proposal to Ahmad Razif and not Datuk Rozi Mamat who is the Terengganu Executive Councillor for Youth, Sports and Human Resources? Did Azizul’s manager call the Menteri Besar personally? To whom was the proposal handed over to and was it by mail or by hand?

Azizul is not without controversy.  He was almost expelled from the 2014 Commonwealth Games in Glasgow for making a political statement in support for Gaza.

Courtesy of Paul Chesterton SIPPA/Pinnacle

Courtesy of Paul Chesterton SIPPA/Pinnacle

The Commonwealth Games Federation shuns any form of political statements being made using the Games as a platform.  In his defence, Azizul stressed that his statement was humanitarian in nature and not political.

It’s inappropriate for any form of protest in a Games venue – we respect everyone’s right to protest out-with. He has had a strong reprimand from his team management and he has apologised. In apologising profusely he now knows any repetition will see a removal of his accreditation,” said Mike Hooper, chief executive of the Commonwealth Games Federation.

Azizul loves to do things without giving a thought first. Those who know of his political leaning would also remember this tweet that was not a reply to a topic, but a reply to actually start a conversation with a certain politician asking the latter to pray for his success, while other sportsmen and women showed political neutrality as they were there representing Malaysians irrespective of political beliefs and creed:

A tweet sent by Azizulhasni Awang to Anwar Ibrahim on the 5th August 2016

A tweet sent by Azizulhasni Awang to Anwar Ibrahim on the 5th August 2012

Whatever his political inclination may be, he ought to know that the name “Azizulhasni Awang” reresents all Malaysian  He can be Jojoe in private but that name is a household name.  While the Menteri Besar of Terengganu should investigate into the allegations made by Azizul, the latter should also remember that for three season in a row he was Terengganu’s Sportsman of the Year.  He had receive more than RM20,000 in awards from the state government while the state government has to be fair to 50 other state athletes and state sports associations.  It is not the duty of the state government to provide assistance to individual athlete as that remains the duty of the associations to which the respective athlete belongs to. The duty of the state government is only to provide the facilities that can be used to train athletes. This was pointed out by one Dr Aznil Hisham in his Facebook posting:

Screenshot of pictures of Azizulhasni Awang and the Terengganu Hockey Association receiving state awards

Screenshot of pictures of Azizulhasni Awang and the Terengganu Hockey Association receiving state awards taken from Dr Aznil Hisham’s Facebook page

Dr Aznil went on in another related Facebook posting to say that Azizul could have been more magnanimous and less rude about the whole situation by rewording the statement in a much nicer language.

Najib Razak has always been magnanimous.  Why am I including him in this post? If you remember the campaign by Mahathir to oust Najib started in the second half of 2014.  Since then Mahathirs goalpost has changed so many times that I have lost count. This includes the inclusion of the Altantuya case by Mahathir in May 2015 when Najib didn’t flinch, and sending out his pariahs to lodge reports overseas in order to put the Premier in a bad light.

When things really seemed bleak for Najib, I asked some of his close associates why hasn’t the PM hit back at Mahathir?  Apparently, they asked this question to Najib but he replied saying that the last thing he would want people to see is hi being rude to an elderly figure – and that is VERY un-Asian, let alone not-Malay.  Najib’s magnanimity crosses political boundaries and has been seen on occasions taking time to visit opposition leaders who fell ill, and although he was in Turkey when the late Karpal Singh passed away, Najib made a blog entry dedicated to Karpal – in spite of being called a murderer in Parliament by Karpal Singh’s Gobind Singh Deo, and allegation that is baseless and has been proven in a court of law that Najib is not linked to the case in any way.  Not once would you hear harsh words being directed towards anyone, including to his detractors.

You would go far being magnanimous, especially when your name is big enough for people to remember.  In contrast to Azizulhasni’s uncalled for outburst, Joseph Schooling participated in the Olympics, beat the reigning champion to win the Gold, without a single help from the Singapore government.  Yet, when Prime Minister Lee Hsien Loong asked for permission for a selfie to be taken with him, Schooling obliged and was gracious about it.

schooling

I hope the Menteri Besar of Terengganu would investigate thoroughly Azizulhasni’s allegations and make public the findings.  And I also hope that the state would assist him with his road bike, using state funds.  And as pointed out by Dr Aznil Hisham, if Azizulhasni does not improve and get a Silver in the next Olympics, be prepared to be criticised and eat the humble pie for having used taxpayers’ money but fail to give something back in return. Furthermore, he received RM2.85 million from the Sime Darby Foundation before he went to Rio de Janeiro and will be receiving another RM100,000 from SDF as a reward for his achievement at Rio.

Now, how many RM12,000 road bikes do you think Azizul could have bought before going to Rio with RM2.85 million?

Now, tell me if his outburst on Facebook is justifiable?

ysd

1MDB’s origins can be traced to the 2008 general election, which saw the Umno-led Barisan Nasional (BN, National Front Federal Government) losing its two-thirds majority. The BN lost five states, which had an effect on the position of the menteris besar (chief ministers) of states under BN rule. In Perlis, there was a change in menteri besar said to be due to intervention by royalty.

The same thing happened in Terengganu where the Sultan was unhappy with the then menteri besar Datuk Idris Jusoh. One of the major issues was the utilisation of oil royalty amounting to more than RMI billion per annum by the Umno-Ied state and federal government agencies.

To stop the unaccountable spending of oil royalty, the Sultan, together with a few advisers, came up with the idea for the Terengganu Investment Authority (TIA).

A year after its conceptualisation, TIA was established with the blessings of the state and federal governments in March 2009. It is said that as part of the “settlement” of the unaccounted-for oil royalty, the federal government gave a RMS billion guarantee to kickstart TIA.

One of the key people who had advised the’ King in establishing TIA was Low Taek Jho, a young merchant banker with strong links to the Middle East. Known as Jho Low to his friends, the young man is also said to be well connected and has done a few major corporate deals. His “lavish” lifestyle in New York was the subject of a feature article in the New York Post last month. Jho, the son of Penang businessman Datuk Larry Low – a former shareholder and director of MWE Holdings Bhd – has however denied that it was he who had splurged on a lavish celebration as had been reported.

Coming back to TIA, the idea was to establish the fund along along the lines of Mubadala Development Company, the SWF of Abu Dhabi. In fact, Khaldoon AI-Mubarak, CEO of Mubadala and chairman of Abu Dhabi Executive Affairs Authority, still sits on the board of 1MDB.

The fund size was initially targeted at RM11 billion, comprising RM5 billion from the federal government and another RM6 billion to come from the securitisation of future annual oil royalty that Terengganu gets from Petronas (the national oil corporation).

But after the initial RM5 billion, raised by a federal government guarantee, the troubles at TIA began. The state, led by Menteri Besar Datuk Ahmad Said, wanted control over the utilisation of the money, something that went against the charter of the fund.

The funds were supposed to be managed by a professional team and overseen by a board of directors and advisers. It was a triple-layer structure to ensure the money is well spent.

But the prime movers behind the funds found out early that this was easier said than done. Subsequently, TIA became a federal entity, which gave birth to 1MDB.

http://www.1mdb.com.my/news-coverage/time-of-reckoning-for-1mdb

Thank you Lim Sian See for the heads up!

image

Di atas adalah petikan takrif “Darurat Bencana” yang menjadi tajuk perbualan ramai terutamanya apabila keadaan banjir di lima negeri terutamanya negeri-negeri pantai timur Semenanjung menjadi lebih teruk. Dari takrif tersebut yang diberikan melalui Arahan Majlis Keselamatan Negara No.20, jelas bencana banjir yang melanda kita sekarang masih tidak menepati kehendak maksud “Darurat Bencana.”

Namun, masih ramai yang merasakan bahawa Perdana Menteri harus mengisytiharkan Darurat Bencana tanpa mengetahui akibat pengisytiharaan keadaan tersebut.

Untuk yang  tanya kenapa tiada pengisytiharaan darurat bencana, berikut adalah jawapannya: Sekiranya diisytiharkan darurat, mana-mana perkara yang boleh dituntut melalui insurans, tidak akan boleh dituntut termasuklah insurans bangunan dan kenderaan yang diambil untuk premium bencana. Untuk masa ini, di Kelantan, keseluruhan pembiayaan kos banjir telah diambil alih oleh Kerajaan Persekutuan sepenuhnya melalui agensi-agensi Kerajaan. Jawatankuasa Pengurusan Bencana pun telah diambil alih oleh Kerajaan Persekutuan semalam hasil persertujuan pihak Kerajaan Negeri.

Ini adalah kerjasama Kerajaan Persekutuan dan Negeri di mana YAB MB Kelantan juga telah keluarkan kenyataan bahawa buat masa ini tiada keperluan untuk isytiharkan darurat dan semua pengisytiharan juga akan dibincangkan bersama dengan Kerajaan Persekutuan.

Pengisytiharan Darurat juga akan menyebabkan Kerajaan tidak boleh lagi menahan keluar pelabur yang telah membuat pelaburan sebelum ini di kawasan banjir tanpa apa-apa pampasan kepada pihak Kerajaan dan pekerja sekiranya tertakluk kepada perjanjian pelaburan.

Ia secara langsung beri impak kepada negeri tersebut.

Harap maklum.


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