Friday, April 30, 2010
More than mere RM3 million
When Perkasa President Dato Ibrahim Ali expressed his dismay at the Chinese voters who accepted contributions without any hint of guilt for not delivering the votes for Barisan Nasional, he may be expressing the frustation of many Malays.
There is now a willingness on the part of Indians to return support to Barisan Nasional. It looks like 1Malaysia is missing one important link and that is the Chinese as far as Semenanjung is concern.
Why is the Chinese reluctant to give the ruling party the votes? Is the Chinese voting on "racial" lines? By this, it means Chinese will vote strictly on their own racial interest instead of national unity. Will that be the ideal situation to move the country forward?
Much concession have been given by Government to Chinese demand that certain quarters of Malays and that quarter is represented by Perkasa felt UMNO have betrayed it's own constituency.
Government have been providing funds directly to Chinese schools. Some RM1.4 billion is spent annually to pay for teachers in Chinese schools.
Since the Government have grown more relaxed and abandon the PPSMI program which means Science and Mathematics is taught in Chinese in Chinese schools, instaed of being grateful, Dong Jiao Zhong is demanding for lesser class time for Malay language.
This is despite the more inferior Malay curriculum taught at Chinese schools and by right, teaching of the National language should be standardise for all schools.
While the Chinese are making demands after demands, the Ugama schools, including the one used as polling station at Hulu Selangor are having a tough time getting just new desks and chairs.
Very soon this dissatisfaction will seep into the other communities.
DAP is claiming they represent Malaysian but they did not make any effort for protest vigil for adik Amirulrasyid and the two killed in accidents with ADUN for Sekinchan and Tian Chua.
As a partner in Pakatan Rakyat, DAP do not compromise but are insistant on having their and Chinese ways to the point of injustice to the other community have creep in. DAP Penang ignored their PKR and PAS partners in Government that resulted in PKR MPs and ADUNs leaving PKR in enblocs.
How much further can the more economically endowed Chinese continue to play politics to vote on racial ground i.e. abandoning the moderate and inclusive MCA in favour of the more chauvanistic DAP? Or are the Chinese demanding that MCA take the same radical route as DAP?
If this trend of politics continue to persist, the Malays will become more suspicious of Chinese political parties and resort to vote on racial line.
MCA whose leaders rely on subsidy seats in comfortable UMNO areas like Johor will find themselves unrepresented. DAP will become more radical in the Lim Kit Siang mould that could reignite a racial timebomb.
Where will the country be heading to if Chinese votes are with the opposition and Malay votes with the ruling party?
There is also the likelihood that with Chinese using their political clout to pursue their own racial interest and demanding constitutional change or if not ignore constitutional articles with regard to Bumiputera.
The result is more the open Bumiputera in Sabah and Sarawak will vote along racial lines too.
This can be seen to only lead to chaos. Perhaps there will not be bloodshed, but racial tension, disharmony and prejudice will be on the rise.
The RM3 million to fulfill Dato Najib's promise to SRKJC Rasa, even though they did not deliver the votes to BN, is a simple but profound gesture on the part of the Prime Minister. It shows he is commited to bring the nation forward.
He has shown his commitment to honour the perkongsian kuasa made and maintain to give the seat to MIC despite demand by UMNO. He did it despite sabotage and lost few peti undi due to UMNO Ketua Cawangan working inconspicuously with PKR adamant to have a Malay representative for the area.
Multiracialist PKR used that weakness in UMNO to play the Malay racial card without shame. What is the rationale of voting a Malay like Zaid Ibrahim who is too liberal and devoid of any Malay value and character in his struggle?
Najib was not only tricked by the Chinese of Rasa but also of Ulu Yam. Some 80 heads of Chinese association and clans made a trip to Putrajaya office and gave their pledge of support for BN but 'decay' on their pledge.
Despite that, Najib insist in honouring his words. Some may ridicule his words of "saya tidak ada hutang" but true enough, he delivered what he promised till he has no more outstanding promises in Hulu Selangor. He solved the flown rooftop in Bukit Sentosa, land issue of Felda Sungai Buaya which Khalid is not willing to commit and contributions to SRJKC.
For the Chinese that did not honour, they will forever beholden for not honouring their part of the bargain. They can claim it is their rights but Confucian principle despise acts of lies and deceipts.
This is not the first time the Chinese voters have done such.
Perhaps the Chinese community are willing to accept being seen by the rest of Malaysians as liars and dishonourable. Let that guilt for not honouring their words haunt their conscience.
Stothard's security breach and Limbang for oil blocks' treason
There were two explosive news emanating from Petronas yesterday.
The news are bigger in proportion but similar in impact to last Monday bombing of Zaid Ibrahim's campaign in Hulu Selangor with character attack by bloggers and the jumping out of a close confidante of Anwar, Dr Halili Rahmat from PKR to UMNO.
Strangely, both news was neither pursued nor given frontpage by mainstream media.
One can understand if it is The Sun, which is growing to be an anti-establishment paper and was just sued RM10 million by Ibrahim Ali yesterday for a news report that negatively labelled Perkasa by putting words into the mouth of His Royal Highness Sultan Selangor.
The first news was about the appointment of Sheryll Stothard as General Manager, Corporate Communication of Petronas.
If the opposition made a big deal out of Government seeking public relation advise from APCO, this is like having APCO running the Government's corporate communication function!
The second news was a late evening posting on Dr Mahathir's blog that revealed former Prime Minister Tun Abdullah gave away a US$100 billion oil field to Brunei in exchange for Brunei from further claiming Limbang from Sarawak.
It smells security breach and treason!
Mak Datin and Stothard
Sheryll Stothard is the former Parti Rakyat Malaysia Vice President, whose party seemed to merge but actually did not with Parti Keadilan Nasional to become Parti Keadilan Rakyat.
How could someone who socialise in the company of leftist like Hishamuddin Rais, liberal Karim Raslan, and sodomist Anwar Ibrahim and have an anti Government stance on Burma, APCET and many other issues be placed at such a sensitive Government position?
When placed in a position between her politics and socialistic ideology and Petronas interest, which way would she take? This is not a risk Petronas should have taken to place such a person who will be the last line before information are made public.
Both the ruling party and PKR have an interest in Petronas. The tradition of maintaining Petronas in the hands of professionals to carryout policies laid out by Government policy maker is to serve such situation by minimising political interferences.
That being the reason this blogger oppose Omar Ong's appointment for it set a new precedent of having an appointee that is close to the corridor of political power placed in GLC i.e. political interference in management of GLC.
Has new Petronas President and CEO Dato Shamsul Azhar lost his senses?
One can't helped but to blame Dato Shamsul for the simple reason that Petronas and every other GLCs have a security vetting system in place to check background of staff, particularly for key position.
The ease in the appointment of Sheryll and another Suhaimy Kamaruddin from the questionable online news portal, The Malaysian Insider, proves the vetting system was breached from the top and that is the President's office.
Before Dato Shamsul go on a witchunt on his staff, he should know of what is being talked on the ground.
Since his appointment as Petronas CEO, there have been talk in places like Bangsar Shopping Complex where Mak Datins and Taitais have their tea are offering entrepreneurs help to secure Petronas contracts for a fee.
Such absurd proposals does not end there for my Missus overheard of Mak Datins in health spas boosting of able to talk to their contact which is the Petronas President CEO's wife to help their children apply for positions in Petronas.
It seems as told by Apanama's subsequent posting here that Sheryll got herself in through the kitchen cabinet of Dato Shamsul. Sheryll, it seems is a family friend.
Do they then not know of her political and activism background? In Myanmar where Petronas have an interest and she has an interest in the Anti Burmese liberation movemnt, where would she stand?
Did they check to verify the rumour she was asked to leave next door Maxis?
Before her appointment is endorsed and vetted by the Human Respource Department, she has began to boss people around. As one commentator in Rocky Bru that seemed to be in the know described, she is rude and doesn't respect protocol.
She is in there for only one month and she already see herself fit to shoot her mouth at the previous management under Tan Sri Hasan Merican and making serious allegation accusing Najib of murdering Altantunya.
This is a serious issue of security breach. How could company decision be made by Datin and based on family friendship? Dato Shamsul have to answer for such indiscretion
Slumberjack Treachery
From that incident, Dr Mahathir have revealed yesterday that Abdullah Badawi had made a personal decision to gave away USD100 billion worth of oil concession to Brunei in exchange for Brunei to stop claiming Limbang from Sarawak.
This sounds typical of Pak Lah's simpleton ways to make decision without thinking through the cost and benefit of his decision. One might likely laught it off as another stupid decision by PM FLip Flop Pak Lah.
But this is no laughing matter at all. First and foremost, he cannot be discussing or negotiating sovereign or border issues without bringing Sarawak in the negotiating table.
Secondly, he cannot even is he is the so-called Prime Ministers make a unilateral decision as simple as that. For one, it has to get cabinet approval.
Since it involves sovereignty issue, the Yang Dipertua Negeri Sarawak and Ketua Menteri has to be notified and permission seeked. Most likely it has to be approved by the Exco or Dewan Negeri.
Third, this is no more an issue of negligence but treason. He is not empowered to unilaterally decide on his own to settle Limbang and give away two oil fields which is in the Malaysian borders.
Back in 2009, this issue was raised. Pak Lah had made a statement that the Limbang issue was solved. The Brunei side had disputed that remark and told their press that the Limbang issue was never discussed.
The issue was discussed in the blogs but the mainstream media hushed up the issue.
Recently Tengku Razaleigh also made a remark of Malaysia owning the world's biggest oilfield but was denied by Petronas. True enough, they had correctly denied because Malaysia by Abdullah sole discretion had given away two oil Block to Brunei worth USD100 billion.
Why didn't the then cabinet members or the Foreign Ministry personnel accompanying the Prime Minister intervene and expressed their opposition without fear or favour to PM's simpleton solution to a complex diplomatic negotiation. The Foreign Minister then was the then Dato Seri Syed Hamid Albar.
This is not just any mistake. Giving away any piece of land of Malaysia is a treacherous act. A mere encroachment into our territory will bring out of the millitary and most of us see it honourable to put our life on the line to defend it.
For what Pak Lah did, Malaysian should put our life on the line to prevent it. Pak Lah had done a treacherous act despite so-called of ignorance and naivety. Treason is a serious offense punishable by death!
In the spirit of collective responsibility, the Cabinet have the power to override the then Prime Minister in the ghastly indiscretion. If they do not act upon Abdullah, they will be considered as collaborating.
Unless they act on Pak Lah, they have commited treason too!
Tuesday, April 27, 2010
The good and bad omen at Hulu Selangor
An uphill road from Batang Kali to Ulu Yam
The Hulu Selangor by-election has just ended with my friend, P Kamalanathan has just earned a title YB to his name.
Blogger Faisal Robhan spotted that the majority of 1,725 coincide with the date of nomination on April 17 and polling date on April 25th. Is that a lucky number or a bad omen for BN?
For Kamalanathan, it has been a series of good luck. He was an 11th hour compromise between Dato Seri Samy Velu and Tan Sri Muhyiddin Yassin. For a new candidate, his win was a David and Goliath story.
Kamalanathan win helped our call for new clean faces without any baggage from the past to be brought forward.
If his good fortune continues, this blogger is not surprise to see Kamalanathan appointed Deputy Minister in the next Cabinet reshuffle. A suitable post would be to harness his experiance in Bernas for Deputy Agriculture Minister.
More omens to talk about.
Winning back Hulu Selangor itself is a good omen. This is especially so when initial numbers and feedback received by yours truly was that BN was trailing and the number was as bad as 30:70 in favour of Pakatan.
Pakatan Rakyat had commenced campaign openly in contravention with EC rule immediately upon the burial of the late Dato Dr Zainal Abidin Ahmad.
They had a 2 to 3 weeks lead into the by-election to spin their failed policies in Selangor and bomb Hulu Selangor with unsubtantiated fitnah of corruption, APCO, etc. The only event worthy by BN was the first launch of Juara Rakyat at Bukit Sentosa.
BN had to grappled with the demand for a Malay candidate within certain quarter of the local UMNO Division, which were sore with the poor service record of Dato G Palanivel.
With BN stronghold Hulu Selangor falling to PKR in 2008 and less than resounding support from UMNO members for P Kamalanthan in 2010, Hulu Selangor cannot be called a BN fixed deposit.
The 1,725 win cannot be called a clear support if the claim by PKR's Vice President Syed Husin Ali of 600 postal vote in favour of Kamalanthan is anything to go by.
Rocky Bru had already cautioned Kamalanthan not to be another Ijok's Parthiban who managed to beat Tan Sri Khalid Ibrahim in the 2007 by-election but lost in the 2008 General Election in the Melawati seat.
Zaid might try again there and achieve his inspiration to be new Opposition head (if Anwar return to Sungai Buloh).
For MIC, Kamalanathan and his pleasant personality managed to unite Indian support for him. It is heard that some 1,000 PKR members and supporters changed their shirt Blue for the by-election.
That explains for the crumbling PKR machinery that had to call in PAS reinforcement by Friday.
Contrary to Zaid's claim to run a clean campaign, PKR campaign immediatelt went into dirty overdrive with fake letters from Perkasa and UMNO distributed to call for Malay vote Malay.
PKR machinery broke down due to money issue and was stunted by the massive bombing on Monday. Pro BN cybertrooper played up Zaid's alcohol drinking and race horse gambling habits. It was followed in the afternoon by Dr Halili Rahmat, much touted to be the PKR candidate for Hulu Selangor, jumped ship to UMNO.
Dr Halili did not create that profound impact despite expected to be a major problem had he run for PKR.
Ulu Yam remained on the same voting pattern. The Chinese there voted for Pakatan Rakyat despite clan and association leaders made a beelien to Putrajaya to pledge support for BN to the PM.
Worse, Batang Kali whose ADUN is from MCA, gave a resounding majority to Pakatan too.
This shows a continual pattern of Chinese votes for opposition Pakatan Rakyat. Does the selection of Kamalanathan not convince them that BN remain committed to "perkongsian kuasa"?
Or as one theory being bandied around is saying, the Chinese has already met material wealth and dominated the economy thus are now aiming political dominance?
They saw what they can acquire and be oblivion to the compromise and need of other communities in Penang and for a short while in Perak. When in power, the Chinese enrich their peers.
Sabahan still remembers the lavish giveaway of 100 years forest concession of almost 1 million acres during Chinese CM turn on the rotation.
While not in full power, Chinese Pakatan exco knows well to dominate with Chinese interests.
But is this the way forward disguised as Malaysian Malaysia or now rebranded as Middle Malaysia? Will this ensure racial integration and unity expounded by Pakatan's claim of multiracialism and multireligion?
Government has bend backward to satisfy the Chinese voters. They have introduced the concept of 1Malaysia, New Economic Model, more financial assistance to Chinese schools, scholarship to all races, and liberalising to business sector. Economy is recovering and more promising economic growth.
Is the Chinese telling that these does not mean anything? What they say they wanted is not really what they wanted. Are they saying they will respond only to a cruel emperor or a Mao Tse Tong like leader?
The Chinese is telling out loud to all Malaysans that it doesn't matter to them the reaction of other races.
They do not care if other races react similarly and the whole country vote along racial line with Chinese for Chinese, Malay for Malay, Indian for Indian, Kadazan for Kadazan, Dayak for Dayak, etc., Chinese will vote according to racial line irrespective of its impact on the country.
MCA and Gerakan can't be blame any more for their continual failure to deliver votes because the power shift within the Chinese community have moved to the head of clan and Chinese associations.
My only words to Gerakan and MCA is to stop blame UMNO. Gerakan should stop being an apologist and join up with DAP where your ideological abode lies. MCA should stop yapping at others and being bold headed (their attitude towards Perkasa) until they can deliver votes.
MCa and Gerakan have been kow towing to DAP. Have seemed to fear criticising DAP just like Kelantan UMNO fear criticising Nik Aizz at one time.
Such is the mindset of MCA and Gerakan, their leaders do not deserve to hold any Ministerial position until they can prove themselves.
BN machinery showed some improvement but is still caught in a timewarp and have yet to understand campaigning in the new environment, even in poor Internet access Hulu Selangor.
Central command and control does not work. Preplanning does not work. Everything is about speed and distribution - speed of respond, speed of attack, surprises and speedy responses, and staying current.
Party machinery was lazy, calculative and strategically near inoperable. Party leaders including some Ministers were more interested in campaigning for themselves and politicking than campaigning. BN election machinery remain dependent on Government machineries and unofficial "component parties". They can't afford to continue that way.
BN still haven't found the formula to win the youth. Or are they still not convince that the party need to rid off Khairy Jamaluddin and corruption to win the confidence of youth?
However, one good omen came out of Hulu Selangor. Everyone worked hard and were united in ensuring a BN win. Was it because of Kamalanathan or BN?
Tuesday, April 20, 2010
NST on Anwar circa 12 March 2013
The big news yesterday at Hulu Selangor must be Dr Halili Rahmat's resignation from PKR. Latheefa Koya tried hard to downplay the impact by saying they expected it to happen. Yes ... sure. Try harder.
Halili maybe just a local PKR leader but he is significant for he is a close personal friend Anwar and helped in the formation of parti Keadilan Nasional in 1999.
All said and done, Halili is a major lost to PKR because if he had run as PKR candidate, BN would have wraped up it's campaign early.
In fact there was talk of a last minute attempt to replace Zaid with Halili. That may have broke the camel's back with Halili who has been distancing from PKR for quite sometime if not for Anwar seeking favoor that he run.
With that, one can only envision PKR faltering further. Shamsul Yunos of My Anger blog here envisioned the news below on NST dated March 12, 2013:
Anwar: PKR finally clean of all bad people
Kuala Lumpur, Mar 12 - Parti Keadilan Rakyat spiritual leader, Datuk Seri Anwar Ibrahim said that after five years of cleansing, the party is now absolutely clean of bad people who are not sincere in fighting for the party's founding principles.
He said it was a long hard battle but 'worth it' because the party is now absolutely clean and can now move forward unimpeded by internal detractors.
He held the Press conference at party headquarters in Tropicana Damansara with all three Members of Parliament and State Assemblyman that represents PKR throughout the country, Anwar who is MP for Permatang Pauh, his daughter Nurul Izzah who is Pantai Dalam MP, Party deputy president and Bukit Antarabangsa state assemblyman Shamsidar Taharin and Wan Azizah Ismail, state assemblywoman for Permatang Pasir.
"I am now surrounded by only people that I can trust unconditionally, people who understand that PKR represents justice and fairness," he said.
PKR had called for this Press conference a few hours after the last of the 'bad' people Saifuddin Nasution announced departure from the party citing irreconcilable difference with current party principles.
"In the end even our long standing ally, Saifuddin could not accept that I am the central reason for the party's existence and could not accept our decision to continue challenging the sodomy case brought against me. We are taking it all the way to the international court of justice next week.
Anwar is now awaiting the decision of the Federal Court. He is appealing the confirmation of conviction by the Court of Appeal for the sodomy case.
Anwar's sosdomy case lasted more than four years, thanks to a series of tactical delays that stretched the justice system to the limit.
Asked how PKR will move forward now that it is clean, Anwar said that they will continue with the present course of fighting his sodomy case and keeping alive the dream to become Prime Minister.
"Yes I know that the DAP has vowed never to be associated with PKR anymore after my efforts to take over the country through the back door failed and I know that PAS has forever washed theri hands of me after we nearly lost Islam as the official religion in Parliament last month but these are just political talk.
"I know how to convince them to join me again.
The beleaguered PKR chief was visibly angry when asked if he felt that his friends from Washington had abandoned him in favour of a younger, more charismatic leader.
"Who paid you to ask that question? He shouted repeatedly at the reporter from online news portal, Malaysia Instinct.
Anwar has long denied any links with the Zionists or Jewish lobby but his involvement in many Washington-sponsored organisations continue to haunt him.
Last month it became clear that his friends in America had abandoned him when he was detained on arrival at Washington Dulles International airport.
It is believed that the current leader of the Opposition, a former youth leader had informed tipped off the authorities about Anwar's new links with the North Koreans.
Tuesday, April 13, 2010
Look at the Matthias Chang case impersonally
... if you, a member of the rakyat, should have the misfortune to irritate a judge, that judge can and apparently will fine you a large sum of money, in lieu of which you shall go to prison – and all on the suggestion of your opponent's lawyers.
By U-En Ng,
Malaysiakini, Apr 5, 10
I refer to the Bernama report on Matthias Chang's committal to prison for contempt of court, and the letter from one of your readers.
I have often found Chang's views to be repulsive and the design of his books to be odious. I should prefer to keep him as far away as possible from myself.
However, my personal preferences have utterly no bearing on the matter of principle he is trying to defend – a fact that seems to elude the majority of both your readers and those of another site.
We gleefully suggest that the warders throw away the key or else we say with so much righteous indignation padan muka or words to that effect: you reap what you sow, and the like. We are quick to condemn him as a fitting sacrifice on the altar of judicial impurity – the same altar we believe he helped desecrate with the blood of better judges and the bitter moans of blind justice prostituted for filthy lucre.
Doesn't vengeance taste sweet?
But what do we ourselves become in the process? Do we support the misapplication of judicial power if the subject of abuse is someone we dislike? Someone ugly, perhaps? Does our concept of democracy, justice, and freedom include heroes like Anwar Ibrahim but exclude 'villains' such as Matthias Chang by default?
The point Chang appears to be trying to illustrate is this: if you, a member of the rakyat, should have the misfortune to irritate a judge, that judge can and apparently will fine you a large sum of money, in lieu of which you shall go to prison – and all on the suggestion of your opponent's lawyers.
You have no right to conduct a defence against the judge's claim and your own lawyers have no standing to argue your case.
I have absolutely no idea if what Chang says is true but shouting him down and ignoring the issue simply because we dislike the person who brings it up is the purest form of self-deluding hypocritical idiocy that can possibly spew from the hearts of those who call themselves liberals and democrats.
Does vengeance still taste as sweet? Perhaps it does, as long as we remain free to apply one set of rules to one lot of people, and different set to another – but it would be far better that we should abandon our pretences and don our black shirts and jackboots and cry Sieg Heil'.
Self-delusion goes only so far. We should at least try to be honest totalitarians.
Monday, April 12, 2010
Matthias Chang freed from prison
PUTRAJAYA, April 12 — Matthias Chang, the ex-political secretary of former prime minister Tun Dr Mahathir Mohamad, who was incarcerated at the Kajang Prison for 12 days, was freed today.
This follows the granting of an ex-parte order for his release by Court of Appeal judge Datuk Sulaiman Daud pending the hearing of an appeal against the High Court’s refusal to issue a discharge order for Chang’s release despite the fine imposed by the High Court which was paid by Chang’s friend.
An interim order was also given to stay the High Court’s decision in refusing to issue the discharge order.
Chang was released at about 6.30 pm from the Kajang Prison and was received by his lawyers and family members.
His lawyers obtained the release order at about 4.30pm. Chang, who looked weak when approached by reporters, said, “I’m okay.” When asked if he has been eating, he responded: “Bubur (Porridge)
Chang, 60, a lawyer, was sent to prison on April 1 following his refusal to pay the RM20,000 fine imposed on him by the High Court on March 25 for contempt of court in his defamation case against American Express (Malaysia) Sdn Bhd.
On April 7, judge Noor Azian Shaari refused to issue the discharge order to Salahuddin Hashim, a friend of Chang, to secure his (Chang’s) release despite the fine paid by Salehuddin on grounds that a third-party did not have locus standi to pay the fine.
Chang was cited for contempt when he failed to apologise to the court after an argument with the judge and a lawyer, during cross-examination by the lawyer in his civil suit.
The attempt to pay the fine was undertaken without Chang’s knowledge as his friends were concerned about his well-being following his hunger strike for being sent toprison. He ended his nine-day protest after a plea from Dr Mahathir.
On April 5, Kajang Prison authorities had to admit Chang to the Serdang Hospital where he was put on drip after his health took a turn for the worse following his refusal to take any solid food.
In his affidavit to support his ex-parte application for Chang’s release Salahuddin claimed that he paid the fine on behalf of Chang on April 5 and handed over the original receipt of payment which was issued bythe High Court to a Kajang prison officer, and requested that Chang be released from prison.
He said, however, he was directed by a Prison officer to go back to the High Court to obtain a release order in order to secure Chang’s release.
On April 7, he said his application for Chang’s release was denied on the grounds that he did not have locus standi to apply for Chang’s release.
He said the judge had ordered that the RM20,000 fine which he paid be refunded to him.
However, he said he undertook not to claim back the RM20,000 paid by him on behalf of Chang but would abide by the Court of Appeal’s decision.
Salahuddin said there were merits to the appeal, adding that the High Court erred in law in holding that he did not have locus standi to make the application for Chang’s release.
Meanwhile, at the Kajang Prison, one of Chang’s counsel, Manjit Singh, said Chang was in good condition and will be going home.
Manjit said Chang had been treated well while he was in prison. He said Chang will be going for a medical examination at the Subang Medical Centre. — Bernama
This follows the granting of an ex-parte order for his release by Court of Appeal judge Datuk Sulaiman Daud pending the hearing of an appeal against the High Court’s refusal to issue a discharge order for Chang’s release despite the fine imposed by the High Court which was paid by Chang’s friend.
An interim order was also given to stay the High Court’s decision in refusing to issue the discharge order.
Chang was released at about 6.30 pm from the Kajang Prison and was received by his lawyers and family members.
His lawyers obtained the release order at about 4.30pm. Chang, who looked weak when approached by reporters, said, “I’m okay.” When asked if he has been eating, he responded: “Bubur (Porridge)
Chang, 60, a lawyer, was sent to prison on April 1 following his refusal to pay the RM20,000 fine imposed on him by the High Court on March 25 for contempt of court in his defamation case against American Express (Malaysia) Sdn Bhd.
On April 7, judge Noor Azian Shaari refused to issue the discharge order to Salahuddin Hashim, a friend of Chang, to secure his (Chang’s) release despite the fine paid by Salehuddin on grounds that a third-party did not have locus standi to pay the fine.
Chang was cited for contempt when he failed to apologise to the court after an argument with the judge and a lawyer, during cross-examination by the lawyer in his civil suit.
The attempt to pay the fine was undertaken without Chang’s knowledge as his friends were concerned about his well-being following his hunger strike for being sent toprison. He ended his nine-day protest after a plea from Dr Mahathir.
On April 5, Kajang Prison authorities had to admit Chang to the Serdang Hospital where he was put on drip after his health took a turn for the worse following his refusal to take any solid food.
In his affidavit to support his ex-parte application for Chang’s release Salahuddin claimed that he paid the fine on behalf of Chang on April 5 and handed over the original receipt of payment which was issued bythe High Court to a Kajang prison officer, and requested that Chang be released from prison.
He said, however, he was directed by a Prison officer to go back to the High Court to obtain a release order in order to secure Chang’s release.
On April 7, he said his application for Chang’s release was denied on the grounds that he did not have locus standi to apply for Chang’s release.
He said the judge had ordered that the RM20,000 fine which he paid be refunded to him.
However, he said he undertook not to claim back the RM20,000 paid by him on behalf of Chang but would abide by the Court of Appeal’s decision.
Salahuddin said there were merits to the appeal, adding that the High Court erred in law in holding that he did not have locus standi to make the application for Chang’s release.
Meanwhile, at the Kajang Prison, one of Chang’s counsel, Manjit Singh, said Chang was in good condition and will be going home.
Manjit said Chang had been treated well while he was in prison. He said Chang will be going for a medical examination at the Subang Medical Centre. — Bernama
Saturday, April 10, 2010
Matthias end hunger strike
Kuala Lumpur, Fri. Apr 9 - Matthias Chang today agreed to end his hunger strike following a plea from former Prime Minister Tun Dr Mahathir Mohamad.
In his appeal to Chang, conveyed by his officer, Dr Mahathir said Chang needed to end his fast as they had a lot of struggle ahead of them.
They needed him to continue with his struggle for justice for the Palestinians and Iraqis.
Dr Mahathir who is currently abroad, also said to his former political secretary that he would make every effort to have the unjust law repealed or amended and he needed Chang to advise him on it.
Chang who went on hunger strike since April 1, agreed to end the 9-day protest after Dr Mahathir's appeal was relayed to him.
He had refused to take any solid food since his incarceration which took effect on Apr 1.
His health took a turn for the worst forcing the Kajang Prisons authorities to admit him to the Serdang Hospital on Monday where he was put on drips. Chang had then still refused to take any solids.
Friends who were concerned over his health initiated to pay the RM20,000 fine on Monday which was accepted by the court but an application for a discharge order was rejected by High Court Judge Noor Azian Shaari on grounds that such application cannot be made by a third party.
Justice Noor Azian had prior to that sentenced Chang who refused to pay the RM20,000 fine, to a one-month prison for contempt.
Chang was discharged from hospital on Wednesday and returned to the Kajang Prisons and persisted with his hunger strike.
His condition worsened and family members and friends, fearing the worst, kept appealing to him to end his strike.
Chang remained adamant and only agreed to end it today following Dr Mahathir's appeal.
In his appeal to Chang, conveyed by his officer, Dr Mahathir said Chang needed to end his fast as they had a lot of struggle ahead of them.
They needed him to continue with his struggle for justice for the Palestinians and Iraqis.
Dr Mahathir who is currently abroad, also said to his former political secretary that he would make every effort to have the unjust law repealed or amended and he needed Chang to advise him on it.
Chang who went on hunger strike since April 1, agreed to end the 9-day protest after Dr Mahathir's appeal was relayed to him.
He had refused to take any solid food since his incarceration which took effect on Apr 1.
His health took a turn for the worst forcing the Kajang Prisons authorities to admit him to the Serdang Hospital on Monday where he was put on drips. Chang had then still refused to take any solids.
Friends who were concerned over his health initiated to pay the RM20,000 fine on Monday which was accepted by the court but an application for a discharge order was rejected by High Court Judge Noor Azian Shaari on grounds that such application cannot be made by a third party.
Justice Noor Azian had prior to that sentenced Chang who refused to pay the RM20,000 fine, to a one-month prison for contempt.
Chang was discharged from hospital on Wednesday and returned to the Kajang Prisons and persisted with his hunger strike.
His condition worsened and family members and friends, fearing the worst, kept appealing to him to end his strike.
Chang remained adamant and only agreed to end it today following Dr Mahathir's appeal.
Thursday, April 08, 2010
Habit of getting into unnecessary inconveniences
Johari Ismail exposed quite few issues in his press conference today, including witnessing Anwar's meeting to oust Dr Mahathir in late 90s involving a certain UMNO officials and US Senator Sam Nunn.
His more important message yesterday was his concern for national security. He claimed someone within the police were leaking information to Anwar.
He believed that Anwar should be more judicious as to not make a political issue out security matter. The police should be allowed to carryout their work because it is beyond the capacity of any of us to investigate such area and more so to speculate outcome of finding.
Johari gave attending reporters and bloggers copy of the police report he made on July 14th 2008. Upon reading the report, this blogger could then recall that Raja Petra did wrote an article back then containing similar information.
In the light of the current APCO, and the rekindled Asiasoft controversy, the point this blogger wish to raise is why was the Government so lax in checking the background of companies and consultants doing work for Government.
The leadership seemed to have a habit of unnecessarily giving bullets for the opposition to create negative perception of Government.
True, it is not difficult to see and the public could be convinced that Anwar is merely using these issues to deflect his established links with American and American Jewish power players.
Anwar and PKR's links with NED, IRI, CFR, and to the extent of CIO funded Muslim organisations are clearly established.
Yes, one can lay blame on the controversial Asiasoft and other so-called Israeli contracts in Johari's report to the then slumbering Prime Minister, Pak Lah.
During the time Johari made the police report on July 14th 2008, Pak Lah held the post of Minister of Home Affairs until the new cabinet after March 2008 and was the Minister of Finance. It was his hand that made the recommendation for these companies and he at MoF approves the contracts and suppliers.
Accepted that the APCO's links with Israeli is indirect and could be responded. 1Malaysia can be proven as the idea of Pekan boy, Najib and not a copycat of Ehud Barak 1Israel.
But the fact remain that these are unnecessary inconveniences the Government could have avoided. Furthermore, it indicates our Government is too lax on security and foreign policy.
How inconsistent can the Government be when we support Palestinian cause and oppose Israel but are so complacent to employ firms with Israeli links to be our suppliers? And, a firm with indirect links to Israeli security is given a major public relation job?
If there is any blame, it has to start from the head where fish usually begin to rot.
Did our leaders chose to ignore security background report on these firms? Was our leaders actually provided with such reports from our security personnel?
From the head we go to the other part of the body.
Anwar claim Ethos Consulting recommended APCO to Dato Najib's communication team. Strangely, Khairy claimed Ethos helped provide him information on APCO for his press conference.
That only serves to reinforce a rumour that Khairy had wanted APCO for Pak Lah but there was not much time to do so and had Omar Ong recommend to Najib to serve a purpose we now see.
It will not help Khairy to deny since his exchanges in Parliament was, as one Parliamentarian described, visibly well scripted to highlight and raise public awareness for Anwar.
In the last few years, Ethos is widely said in the corporate circle as the firm that other consulting firms depend on to get recommended for big consulting jobs.
One can see that Ethos's choice of firms tend to be the same one. That invite one to suspect ada apa-apa belakang kira.
Such big role given to Omar Ong and Ethos has to be repeatedly questioned even if this may incur the wrath of the PM.
Ethos is not exactly cleared security wise. Not with an invisible partner as in Dato Zaki Zahid looming behind the scene. It is public knowledge that Zaki is one of the Tingkat Empat boys that ran amuck with power during slumbering Abdullah's era and created the chaotic state of Government presently. Khairy and the gang with Zaki included are strongly seen as conspiring to bring Najib down.
Why is the PM so lackadaisical about this?
The fact that the name Ethos name crop up in the APCO debacle created by Anwar with Khairy as a player should have sounded alarm bells. Someone should suspect that this could be only the beginning.
Questions should be asked as to what other firms have Ethos recommended that have sinister and suspicious background?
Did anyone bother to check the background of Ethos Consulting UK which is also involved in Military consulting?
Not only links with Jewish and Zionist have to be seen with sinister eyes, but those with links to Singapore.
The little red dot has always have an agenda on Malaysia. Why are we not wary?
Did we not see what could possibly happen by just seeing the short window of opportunity provided by Abdullah and its impact today to our social, economic and political landscape?
The NEAC membership in the majority are foreigners or foreign-based or from World Bank/IMF. Why are we so quiet?
All of us should ask and review judiciously the so-called New Economic Model they generated.
For one, it had to be modified before Najib delivered his recent speech. Could there be many more modifications required?
The Prime Minister and Ministers can't afford to ignore all these suspicion. But they seemed to brush it off as negativism and overzealous paranoia.
There is even an arrogant and inconsiderate senior Minister who brush off people and bluntly called bloggers i.e. peoples' voices as insignificant. And, that Minister loves the media attention, but kept fumbling his words and destroying his reputation with meaningless warnings. Does he understand that the nature of his job and that of Zahid Hamidi requires them to shut their fucking mouth?
The problem that arise when the Prime Minister and Ministers ignoring calls of caution from the ground is that when it becomes a mistake and fodder for opposition, it is not them answering and defending their mistake.
It is the Government machinery, mainstream media and in a limited extent, the online media volunteers had to diligently battle out the attack.
There are many more examples of unnecessary policies becoming inconveniences, but do consider to seriously kick the habit of getting into unnecessary inconveniences.
* Updated 8:00 AM 9/4/2010
Wednesday, April 07, 2010
Friends fail to bail Matthias Chang out of jail
Chang is recovering well in hospital after going on a hunger strike
KUALA LUMPUR: A group of friends of Matthias Chang, the ex-political secretary to former premier Tun Dr Mahathir Mohamad, failed in their attempt to bail him out of jail this morning.
One of them, Salahuddin Hisham, told The Malay Mail that the court rejected their appeal for a discharge order.
“On Monday, after we paid the fine and given the receipt by the registrar, we went to Kajang Prison but were told we could not get him out as we did not have the discharge order,” Salahuddin said.
They appealed for the discharge order at the High Court yesterday but learned earlier today the order could not be issued due to the court’s ruling that a third party cannot pay for bail.
“We also learned that without the locus standi, the court could not issue the disharge order.” The judge, Noor Azian Shaari, ordered the money to be reimbursed to Salahuddin and the others.
The attempt was undertaken without Chang’s knowledge as his friends were concerned about his well-being following his hunger strike.
Meanwhile, Chang, now serving a one-month jail sentence for contempt of court, is insisting on returning to the Kajang prison.
This despite doctors advising him to remain in Serdang Hospital.
The 60-year-old lawyer went on a hunger strike in protest while serving a default jail sentence for failing to pay a RM20,000 fine.
The sentence was a result of Chang walking out after a spat with Noor Azian during cross-examination in his breach of contract and defamation suit against American Express (Malaysia) Sdn Bhd.
Rushed to Serdang Hospital at noon on Monday, just five days into his hunger strike, Chang was given intravenous (IV) drips to recover.
Since being taken off the IV drips, however, Chang has refused to accept any further medical aid.
The Malay Mail was informed yesterday evening by Chang’s lawyer, Manjit Singh, that he will continue with his hunger strike and wants to be returned to the Kajang prison.
Manjit said Chang preferred to be in prison as he could meditate better in his cell.
“Chang’s condition is getting better even though he has refused to consume anything.
He’s recovering well and insists on continuing his hunger strike.” While Manjit has not met Chang since he was warded on Monday, he was optimistic Chang would be discharged from the hospital soon, either later today or tomorrow.
“I was told that he will be discharged soon but the date has not been confirmed. I may visit him, most probably during the weekend, if he is still warded. For now, I have not had the chance to meet him.”
Source: The Malay Mail
Wednesday, April 7th, 2010
KUALA LUMPUR: A group of friends of Matthias Chang, the ex-political secretary to former premier Tun Dr Mahathir Mohamad, failed in their attempt to bail him out of jail this morning.
One of them, Salahuddin Hisham, told The Malay Mail that the court rejected their appeal for a discharge order.
“On Monday, after we paid the fine and given the receipt by the registrar, we went to Kajang Prison but were told we could not get him out as we did not have the discharge order,” Salahuddin said.
They appealed for the discharge order at the High Court yesterday but learned earlier today the order could not be issued due to the court’s ruling that a third party cannot pay for bail.
“We also learned that without the locus standi, the court could not issue the disharge order.” The judge, Noor Azian Shaari, ordered the money to be reimbursed to Salahuddin and the others.
The attempt was undertaken without Chang’s knowledge as his friends were concerned about his well-being following his hunger strike.
Meanwhile, Chang, now serving a one-month jail sentence for contempt of court, is insisting on returning to the Kajang prison.
This despite doctors advising him to remain in Serdang Hospital.
The 60-year-old lawyer went on a hunger strike in protest while serving a default jail sentence for failing to pay a RM20,000 fine.
The sentence was a result of Chang walking out after a spat with Noor Azian during cross-examination in his breach of contract and defamation suit against American Express (Malaysia) Sdn Bhd.
Rushed to Serdang Hospital at noon on Monday, just five days into his hunger strike, Chang was given intravenous (IV) drips to recover.
Since being taken off the IV drips, however, Chang has refused to accept any further medical aid.
The Malay Mail was informed yesterday evening by Chang’s lawyer, Manjit Singh, that he will continue with his hunger strike and wants to be returned to the Kajang prison.
Manjit said Chang preferred to be in prison as he could meditate better in his cell.
“Chang’s condition is getting better even though he has refused to consume anything.
He’s recovering well and insists on continuing his hunger strike.” While Manjit has not met Chang since he was warded on Monday, he was optimistic Chang would be discharged from the hospital soon, either later today or tomorrow.
“I was told that he will be discharged soon but the date has not been confirmed. I may visit him, most probably during the weekend, if he is still warded. For now, I have not had the chance to meet him.”
Source: The Malay Mail
Wednesday, April 7th, 2010
Sunday, April 04, 2010
Making NEP agenda relevent for NEM
Prime Minister Dato Najib Tun Abdul Razak clearly stated at the Invest 2000 Seminar that the New Economic Model (NEM) is developed from the premises of the past policies of New Economic Policy (NEP) and New Development Policy (NDP).
This may diffuse a potential political bomb that the verbally incompetent and politically indifferent, Chairman of the NEAC, Tan Sri Amirsham Aziz had set fire to in closed door briefings to Bumiputera NGOs that there will be no more subsidy and quota for Bumiputera under the NEM.
But, to groups like Perkasa, Amirsham’s reckless remark deemed as devoid of Malay consciousness had left an indelible skepticism and put NEM under close scrutiny.
Perkasa is not a group one can simply ignore. Not even by UMNO’s attack dog Nazri Aziz or fringe Malay liberals like Zaid Ibrahim.
The recent survey by opposition inclined Merdeka Centre shows the Malays gave a 70% survey approval to Perkasa’s stand and struggle. Dr Mahathir have warned that they are not to be ignored. Surely Amirsham is sheer mince meat without PM's support.
NEP’s twin objectives to restructure of society and eradicate poverty or relative poverty for the present scenario remain relevant. The question is: Are these issues dealt with by Amirsham and his team of IMF/World Bank revered Board members in their NEM?
The recent speech by Dato Najib was merely the first part of the NEM which is basically a snap shot of where we are, where we should be, and a rough idea of how we will reach there. The picture is intentionally left incomplete without the usual unveiling of new specific policies and initiatives for public scrutiny.
This is a smart move on the part of Dato Najib. He is inviting suggestions and responses from the various segments of the public. That way there is a sense of ownership and that invites support to Barisan Nasional.
Anwar must be green with envy. He couldn’t pull such trick with his rhetorical and unclear Agenda Malaysia he claimed was copied by Najib. He maybe a former Finance Minister but Agenda Malaysia is not his. Malay Study graduate Anwar know nuts of economics but just reading prepared speeches.
Returning back to NEM, instead of criticising, groups like Perkasa must put forward proposals and suggestions that are in-sync with the presented scenarios.
In his speech, Dato Najib said that the main recipients of the high income economic model promoted by NEM are the 40% of the population in the lower rung of the income scale.
There are still skeptics questioning if the targeted income level is feasible. Would such a fast rate of income rise put inflationary pressure on the economy and counter the attempt to improve purchasing power of the population?
For argument sake, let’s assume the Government is able to put some policies in place to maintain inflation at its low which historically they have been able to. The idea of improving the lower 40% income level is in-sync with the second objective of NEP to address poverty irrespective of race.
By the logic that the majority within this income bracket are Bumiputeras, the Malays and Sabah/Sarawak Pribumi stand to benefit the most. At the same time, the poor within other races are not discriminated.
Now comes the more difficult issue of restructuring of society.
The opposition and liberals may have tried to paint this objective of the NEP black using a conspiracy theory concocted by Dr Kua Kia Soong’s book May 13 and Dr Lim Teck Ghee's intentionally miscalculated Bumiputera corporate equity. But it is only a perception game for partisan politics and propaganda. It is not material for policy development.
Walk through any town, city and commercial establishment, it is telling that Bumiputera are not dominating commerce and still remain small player dari Perlis sampai ke Sabah.
Back in 1969, after the racial riot happened, all parties, opposition and ruling parties, except perhaps for DAP, sat together and agreed that the disparity within the races was a real problem.
Malaysia cannot carry on with disparity in wealth, education, type of occupation, economic sector, living areas, etc as synonymous to any race. This socio-economic characteristic is remnants of colonialism and if allowed to persist, will only worsen race relation and create a social time bomb.
Subsequently, after negotiations amongst the various stakeholders, the NEP was created to address these issues.
The NEP had constitutional justification within Article 153 and is in line with the United Nation Charter, as said by Dr Saniman one of the architect of NEP, recently in a Perkasa organized one day Seminar.
NEP was successful in improving the educational achievement of Bumiputera. It helped create a middle class Bumiputera, But its plan to create the Bumiputera Industrial and Commercial Community had limited success.
The problems had been widely discussed be it from the perspective of internal factors within the Bumiputera community, external business environment factors, leakage in the process and the often cited reason of weakness in implementation.
The way NEP attempted to create the BICC was through subsidy, quota and negotiated contract. There are pros and cons to the approach.
Such practices breed market inefficiencies, lazy risk averse entrepreneurs, and merely developed experts in securing letter of support from Ministers.
Seeing this, PM outlined that affirmative programs will remain but it will be more market driven, transparent and competitive. What does that mean?
Or it is left to us and groups like Perkasa to help develop the idea further so that a fairer system that reward the truly deserving and allow the potentially capable Bumiputera to blossom and realised into successful entrepreneurs.
My fellow blogger, Syed Akbar Ali pointed out in his recent posting that highlighted the case of quotas in India to uplift the minority Indian Muslims. This proves quotas and subsidies are still relevant policy instrument in upgrading the economic status of targeted groups.
The problem in Malaysia to continue to allow such instrument lies with the fact that the economic minority is the Bumiputera majority and it would be perceived as discriminatory.
Where Bumiputera is majority by population, it is minority in terms of wealth, be it in absolute or relative term. Wealth translates to capital and without it ideas remain ideas and businesses gets clogged without it.
The Bumiputera is expected to raise arms over what is perceived as their diminishing rights under article 153.
The Article provides Bumiputera a minimal economic “guarantee” for scholarship, access to educational and training opportunity, jobs within the civil service, and business permits. All these within the practical administrative constraints.
The new administration of Najib has introduced merit based scholarship program for all Malaysian. Certain quarters within the Malay community are beginning to ask what is so special about Bumiputera Special Rights if similar program is allowed and beneficiary are children of affluent Chinese.
The same questions becomes more pronounced in Sabah and Sarawak where the conditions are worse to the point basic needs is still a challenge in the interiors.
According to Article 153, no funding or allocation for Bumiputera under Special Rights could be reduced by Government without the consent of the Royal Durbar. The power on Special Rights is vested with the Yang Dipertuan Agong and is not subject to the advise of the Prime Minister. Has that been adhered to?
If the Government has set out such criteria in their affirmative action, there must be a creative and original idea introduced in the policy innovation on the restructuring society which could be applied.
And, if Government is dead set against quotas and subsidies, then need it be reminded that quotas and subsidies for Bumiputeras are stated as part of Bumiputera Special Rights. Amirsham should have been aware of these issues and not look at economics strictly from the skewed self interest eyes of businessmen.
Perhaps, first generation Malaysian of Indonesian Minang parent, Amirsham never read his Constitution.
Thursday, April 01, 2010
Matthias opt for prison to prove a point
Police car taking Matthias Chang to Kajang prison had just zoom passed
Had just returned from the Jalan Duta sessions court to see Dr Mahathir's former political and vociferous lawyer Matthias Chang being send to Kajang prison for one month. He had opted for a month prison instead of paying a RM20,000 fine for contempt of court.
The paper reported that Matthias had commited contempt of court for his action to leave the court during his trial for a petty isssue on non payment of a disputed amount charged by American Express credit card.
Matthias issued a press statement on March 31st to explain what principally happened on March 25th in court, below:
PRESS STATEMENTBefore facing up to today's prison, he what he is fighting in a other press release. Before that let's read his note on the new contempt of court law which he described as draconian. Read below:
My conviction by Justice Noor Azian Bt Shaari is a clear example that judges are above criticisms, no matter what they say in court - making snide remarks, belittling counsels, denigrating their integrity, being rude and offensive to litigants and lawyers and conduct calculated to intimidate.
Judges do so knowing that they are immune from any legal action. Additionally, they have the weapon of "Contempt of Court" to ensure that any opposition to their obnoxious conduct will be put down as being disrespectful to the court.
A case in point - a former Federal Court judge in delivering his judgment made defamatory allegations against a former finance minister who was not a party to the proceedings. It was a grievous wrong. It was only when the former minister, at great expense in engaging senior lawyers, applied to have the statements expunged, that the wrongs inflicted on him were somewhat put right. However, no action was taken against the judge. But of the millions who read the defamatory statements published by the mass media, how many knew that the statements have been expunged and the judge had no business whatsoever to defame the former minister? A man's reputation and integrity has been smeared beyond repair. For those who cannot engage a lawyer, their fate is buried in the memory hole.
Several years ago, I had commenced legal action against leading members of the Freemasons, which included an Appellate Court judge. The High Court judge told my counsel that unless I withdrew my case I would be cited for contempt. My counsel was courageous enough to tell him off, and he backed off, and the abuse by the judge was avoided. My counsel was a former President of the Bar Council.
To cite one example of Justice Noor Azian's unbecoming conduct as a judge in my case before her - after ordering my arrest and having placed me in custody at the basement of the Court Complex at the instigation of Defence Counsel, she asked the counsels present for directions as to how to proceed with contempt against me. Defence Counsel, one Mr. Prakash Menon gave wrong advice to the judge, not even knowing that the relevant law was amended. When my counsel attempted to draw her attention to the amended law, the judge interjected and went on a tirade of insults and abuse, accusing them of conduct unbecoming, unethical behaviour and lack of decorum.
When my counsels, as was their duty, drew attention to the relevant laws, thereby saving her much embarrassment for her ignorance, she did not retract the derogatory statements and or thank my counsels for their assistance. Such is her arrogance.
Such abuse is all too common and while many lawyers have privately complained about such behaviour of judges, few have dared to take any action.
For my stand against such abuse and conduct unbecoming of a judge, Justice Noor Azian took it upon herself to be "judge, jury and executioner". No doubt, such a law exists that gives her such draconian powers. It does not mean that it is right. The law was amended, after Zainur Zakaria was cited for contempt when he was defending Anwar Ibrahim in the first sodomy trial.
The amended law is an unjust law and is prone to abuse by judges. Such an abuse has occurred in my case.
I was fined RM20,000 to be paid within a week from 25th March 2010. I refuse to pay the fine and I am willing to go to jail in protest against such a draconian law. I had initially contemplated to appeal to the Appellate Courts, but soon realised that whatever the outcome the draconian law will remain. I therefore, decided not to appeal.
It is my hope that my incarceration will draw attention to all concerned that this specific law of contempt, Order 52 1A of the Rules of The High Court 1980 is unjust, has been abused and will be abused in the future.
In closing I quote:
"One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law."
Martin Luther King
Matthias Chang
31st March 2010
THE AMENDED DRACONIAN LAW OF CONTEMPT IN MALAYSIAThe reason Matthis is willing to opt for 1 month imprisonment. Read below:
Order 52 1A of the Rules of the High Court(1) If a contempt is committed in the face of the Court, it shall not be necessary to serve formal notice to show cause, but the Court shall ensure that the person alleged to be in contempt understands the nature of the offence alleged against him and has the opportunity to be heard in his own defence, and the Court shall make a proper record of the proceedings.
(2) Where a Judge is satisfied that a contempt has been committed in the face of the Court, the Judge may order the comtemnor to appear before him on the same day at the time fixed by the Court for the purpose of purging his contempt.
(3) Where such person has purged his contempt, by tendering his unreserved apology to the Court, and the Judge considers the contempt to be not of a serious nature, the Judge may excuse such person and no further action shall be taken against him.
(4) Where such person declines or refuses to purge his contempt, then the Judge shall sentence him.
INCARCERATION OF MATTHIAS CHANG POSTPONED TO THURSDAY, 1ST APRIL, 2010 AT 9.30 AMYou've made your point, Matthias. I've helped to essiminate what you wish the public to know. Now that you are inside, you can't stop us from doing something from the outside. We are getting you out the soonest possible. There onward to continue your fight.
At 3pm Matthias Chang presented himself at Justice Noor Azian’s Court to commence his unjust sentence of one month’s imprisonment for contempt of court in opposing her abuse of his three Counsels and of himself.
Many of his friends and colleagues were present to lend their support.
However, after waiting for one and half hours outside the Court premises, Matthias and his Counsels were told that the Judge was on leave and that the Deputy Registrar would be handling the matter and deliberations would be in chambers.
However, Matthias and his Counsels refused to enter the Deputy Registrar’s chambers on account that the said Judge on the 25th March 2010 insisted that all deliberations be held in Open Court and in full view of the public and the deliberations duly video-recorded. They insisted that as the Judge had convicted and sentenced Matthias in open court so as to humiliate him, the enforcement of the contempt order likewise should be done in Open Court. Matthias conveyed to the Court’s officials that he was fighting on a matter of principle and the matter must be heard in Open Court.
One of the largest Chinese NGOs, the Malaysian Federation of Kong Siew Association (a Chinese Clan association) represented by the President, Mr. Michael Ho and members of the Executive Committee offered to pay the fine of RM20,000 so as to prevent the incarceration of Matthias and a bankdraft for that amount was procured.
However, at the insistence of Matthias, the same was withdrawn, as he insisted on serving his sentence to expose the draconian contempt law in Malaysia and such abuses.
At the close of the day, Matthias’ Counsels were informed that as the time for paying the fine of RM20,000 only expired today i.e. Wednesday, 31st March 2010, and as Matthias has refused to pay the fine, he could only served his sentence on Thursday, 1st April, 2010.
Matthias then informed the Court officials that just as he had presented himself today, he will do so again tomorrow (Thursday) at 9.30am at the court premises to serve his sentence.
In Matthias Chang’s Press Statement issued today, he referred to two other occasions whereby Judges have abused their power.
However, Matthias informed the press who were in attendance, that there were other major cases of abuse committed by judges, namely that of Justice Ian Chin of the Sarawak High Court who made disparaging remarks against the former Prime Minister and then made several seditious remarks, one of which was that Malaysia used similar methods as the East Germany’s secret police, the Stasi. No action was taken against the judge for his defamatory and seditious statements and it was only after a police report was lodged against the said judge by Matthias that he resigned.
In the kangaroo court of the Royal Commission, set up by the fifth prime minister of Malaysia, Abdullah Badawi, to exact political vengeance on Tun Dr. Mahathir Mohamad, yet again, a Judge of the said Commission made defamatory and unfounded statements against the 4th prime minister of Malaysia. As the judge enjoyed immunity, no action was taken.
This is an alarming trend and if judges are allowed to abuse their position to cast aspersions, inflict defamatory allegations on litigants and their lawyers and utter statements calculated to intimidate, there can be no justice and the entire judicial system will be brought into disrepute.
We hope that the incarceration of Matthias Chang will open the eyes of the civil society in Malaysia to this insidious danger.
We thank you all for the support and we hope that you will continue in your efforts to demand that the injustice of the conviction inflicted on Matthias Chang be overturned and that the draconian contempt laws of Malaysia be reviewed and revised.
And we've got Tony Bliar coming to town to scare off or do a citizen arrest. YOur gila-gila mind is needed.
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