The
Malaysian Bar is astounded at the absurdity of the Malaysian
authorities in detaining Australian Senator Nick Xenophon upon his
arrival on Malaysian soil this morning. He is currently in custody,
having been reportedly refused entry into the country, and will be
deported.
Such
shameful action on the part of the authorities shows the sizeable gulf
between the aspirational statements of the Prime Minister that Malaysia
is a modern democracy, and the irrational actions of the people around
him.
During
the Senator’s visit to Malaysia, he was scheduled to meet
representatives of the Government, the Opposition, civil society groups,
as well as leaders of the Malaysian Bar.
The
authorities are apparently relying on section 8(3) of the Immigration
Act, which stipulates the classes of prohibited immigrants, as the legal
basis for detention. However, in the public mind the most natural
inference is that the Malaysian Government opposes, and is fearful of,
the Senator's views and comments, as he has been outspoken and critical
of the Government regarding issues of democracy and human rights.1
Criticism
of policy and governance must be respected and received without
reprisal, even if they contain inconvenient and uncomfortable truths.
Any other reaction would be a sign of insecurity, and would disrespect
the rule of law.
The
Malaysian Bar reminds the Prime Minister that action must follow
aspiration. In this instance, the authorities owe an unreserved apology
to Senator Nick Xenophon and must promise such an incident will not
happen again, to him or any other visitor, merely on the basis of their
views.
The
Malaysian Bar also calls on the Government to allow the Senator entry
into the country, and to assure his colleagues that they will be
permitted entry as well.
Lim Chee Wee
President
Malaysian Bar
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