By Nathaniel Tan,
I’ve written something about Sarbani, will see where/when it will get published.
For now, something of interest I just read on TMI:
The lawyers insisted that prostitution is not illegal in Malaysia though soliciting for sex is, saying that the de facto law minister would be challenged to prove his case even following the standard criminal procedures.
Bar Council president Lim Chee Wee denounced Nazri’s remark as off-the-mark and said the Bar is against the establishment of an RCI just for the sex video clip incident.
“If there was a criminal offence, then it should be investigated as such,” he told The Malaysian Insider in a response to the minister’s statement yesterday.
“Prostitution is illegal in Malaysia. If you participate, or you are aiding and abetting in prostitution, if you patronise prostitutes for sex, this is a crime.
“The RCI would be to determine the identity of the man in the video and of the woman he was having sex with, whether she was a prostitute,” Nazri had told The Malaysian Insider yesterday.
Anwar has denied he is the man in the grainy 21-minute black-and-white video clip, first shown on March 21 to selected journalists.
Lim said prostitution in itself is not a criminal offence.
Lim pointed out that there are clear provisions relating to prostitution.
“Prostitution in itself is not a criminal offence,” he stressed, though he acknowledged there were certain provisions in the law to prosecute those who offer sex in exchange for money.
He pointed to section 372A of the Penal Code which provides for action against persons living on or trading in prostitution.
“Whoever knowingly lives wholly or in part on the earnings of the prostitution of another person shall be punished with imprisonment for a term which may extend to fifteen years and with whipping, and shall also be liable to a fine,” Lim said, citing the law.
He said the law had even defined that only a person who “is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that that person is aiding, abetting or compelling the prostitution of the prostitute with any other person” can be charged.
A number of interesting things. It appears it is not illegal for a woman to accept money for her services (although it is illegal to solicit – ie, to offer to sell her services), but it is illegal for someone else to profit from such a sale. Basically, sounds like there’s legal space for a prostitute to operate but not for a pimp. This would probably be considered surprisingly progressive.
Of course, I’m sure there are many who would disagree. We shall see if these state of affairs survive.
In any case, more to the point, our Minister for legal affairs seems to be ignorant of the law. I’m glad he was called out by Lim Chee Wee, who seems to be vigorously carrying on the tradition of a vocal Bar Council which grounds its positions on solid foundations (I confess, I didn’t realise he had taken over as President – thanks Ragunath for all your great work!).
It is distressing to see Nazri completely misquote the law; he has in the past demonstrated a modicum of intelligence, although if ministers like him has had as much brains as bravado, perhaps we wouldn’t be in such a sad state of affairs.
While I’m not saying that the video isn’t of interest to the public and will probably continue to be an issue in Malaysian politics for a while at least (whether we like it or not, and I know many have expressed just how much they don’t), I concur w/the rest of the views in the TMI article.
This issue does not seem to merit the same level of inquiry as say the VK Lingam video or Teoh Beng Hock’s death. Altantuya and the cops her apparently murdered her with no discernible motive did not get an RCI either.
In any case, RCI or not, I think my thoughts are mostly on Sarawak and Sarbani. Just felt like writing about our rather silly law minister.
I’ve written something about Sarbani, will see where/when it will get published.
For now, something of interest I just read on TMI:
The lawyers insisted that prostitution is not illegal in Malaysia though soliciting for sex is, saying that the de facto law minister would be challenged to prove his case even following the standard criminal procedures.
Bar Council president Lim Chee Wee denounced Nazri’s remark as off-the-mark and said the Bar is against the establishment of an RCI just for the sex video clip incident.
“If there was a criminal offence, then it should be investigated as such,” he told The Malaysian Insider in a response to the minister’s statement yesterday.
“Prostitution is illegal in Malaysia. If you participate, or you are aiding and abetting in prostitution, if you patronise prostitutes for sex, this is a crime.
“The RCI would be to determine the identity of the man in the video and of the woman he was having sex with, whether she was a prostitute,” Nazri had told The Malaysian Insider yesterday.
Anwar has denied he is the man in the grainy 21-minute black-and-white video clip, first shown on March 21 to selected journalists.
Lim said prostitution in itself is not a criminal offence.
Lim pointed out that there are clear provisions relating to prostitution.
“Prostitution in itself is not a criminal offence,” he stressed, though he acknowledged there were certain provisions in the law to prosecute those who offer sex in exchange for money.
He pointed to section 372A of the Penal Code which provides for action against persons living on or trading in prostitution.
“Whoever knowingly lives wholly or in part on the earnings of the prostitution of another person shall be punished with imprisonment for a term which may extend to fifteen years and with whipping, and shall also be liable to a fine,” Lim said, citing the law.
He said the law had even defined that only a person who “is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that that person is aiding, abetting or compelling the prostitution of the prostitute with any other person” can be charged.
A number of interesting things. It appears it is not illegal for a woman to accept money for her services (although it is illegal to solicit – ie, to offer to sell her services), but it is illegal for someone else to profit from such a sale. Basically, sounds like there’s legal space for a prostitute to operate but not for a pimp. This would probably be considered surprisingly progressive.
Of course, I’m sure there are many who would disagree. We shall see if these state of affairs survive.
In any case, more to the point, our Minister for legal affairs seems to be ignorant of the law. I’m glad he was called out by Lim Chee Wee, who seems to be vigorously carrying on the tradition of a vocal Bar Council which grounds its positions on solid foundations (I confess, I didn’t realise he had taken over as President – thanks Ragunath for all your great work!).
It is distressing to see Nazri completely misquote the law; he has in the past demonstrated a modicum of intelligence, although if ministers like him has had as much brains as bravado, perhaps we wouldn’t be in such a sad state of affairs.
While I’m not saying that the video isn’t of interest to the public and will probably continue to be an issue in Malaysian politics for a while at least (whether we like it or not, and I know many have expressed just how much they don’t), I concur w/the rest of the views in the TMI article.
This issue does not seem to merit the same level of inquiry as say the VK Lingam video or Teoh Beng Hock’s death. Altantuya and the cops her apparently murdered her with no discernible motive did not get an RCI either.
In any case, RCI or not, I think my thoughts are mostly on Sarawak and Sarbani. Just felt like writing about our rather silly law minister.
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