Murugan 7 Jan 11

Malaysian NRIs ask India to terminate its business relations with Malaysia

NEW DELHI: The Malaysians of Indian origin might put India in a tight spot. The community has asked the government of India to terminate all present and future business projects with Malaysia. The demand has come at a time when most Non-Resident Indians (NRIs) are keenly looking for business and investment opportunities between India and foreign countries.

According to the Malaysian Indian Minority & Human Rights Violations annual report 2010 compiled by Hindu Rights Action Force (HINDRAF), Malaysians of Indian origin have been suffering grave human rights violations committed by the Malaysian government. The report was distributed by the HINDRAF activists at the inaugural day of Pravasi Bharatiya Divas (Overseas Indians Festival) here on Friday.

Based on the news reports published in major Malaysian newspapers like The Star, The Utusan Malaysia, News Straits Times of Malaysia, the HINDRAF report claims that 95% people killed by the Malaysian police were ethnic Indians.

Indians constitute 8% of the Malaysian population.

The report also says that 90% of the custodial deaths and 80% people who experienced "police harassment, unlawful arrests, frivolous and malicious prosecutions," were Malaysian Indians. At least, 48% prisoners in 28 prisons of Malaysia are ethnic Indians and on 2010 alone, 5000 Indians were arrested and detained under Emergency Ordinance, the report points out. However, 36,000 prisoners including 17256 ethnic Indians in Malaysia are serving custodial sentence for minor crimes, the report claims.

According to the human resources ministry of Malaysian government, 200,000 Indian youth in Malaysia are involved in crime. The report says that this figure amounted to 60% of the Indian population in Malaysia.

"There are about 100,000 ethnic Indian gangsters operating in Malaysia. The acute problem which requires multi faceted intervention to address the issue, is understood to have low priority with the government, which lacks the political will to avert the situation. The only known current policy towards the social problem is the alarming increase in police killings," the HINDRAF report observes.

Chairman HINDRAF, Malaysia, Waytha Moorthy Ponnusamy has asked the government of India to issue a note of censure against the Malaysian government for its human rights record with respect to people of Indian origin in a language consistent with the serious and urgent nature of the problem and to urge the Malaysian government to reverse marginalization of the people of Indian origin in Malaysia.

HINDRAF is a coalition of Hindu non-governmental organizations working for the preservation of political and economic rights of Hindu community in Malaysia. 

Conversion a favorite hobby of religious zealots

Senator Dr. S. Ramakrishnan, 8/1/2011

Conversion is overzealously advocated, encouraged and undertaken by clerics of Islam and Christian religions. There is a church in brickfields displaying prominently to all “go and get disciples’. A seven year old girl was snatched from school by a mother without the father’s knowledge with presence of police and Islamic department officials and converted to Islam immediately. In another case a father stole his baby from the Hindu mother and converted into Islam in Ipoh. We have the other extreme of dead bodies snatched from the loved ones and buried the Islamic way.


It is said that there are about 7000 people converting to Islam in Malaysia every year. Conversion into Christianity should be more because churches have active new convert programs. Conversions are causing more unhappiness within families of converting persons but religious clerics are only concerned about recruiting new converts. All these conversions are undertaken by public institutions that are supposed foster harmony and peace within the family and the general public.



Wikipedia talks about people converting to different religions for various reasons, including: active conversion by free choice due to a change in beliefs, secondary conversion, deathbed conversion, conversion for convenience, marital conversion and forced conversion. For example, someone might join a religious group primarily because their spouse or partner has done so; such a person would be a secondary convert. People who convert others into their religion do not understand their religion and what is religion is all about. Organized and institutionalized religions have over the years studied the social and psychological needs and vulnerability of people and perfected the art of converting ignorant and gullible people. Those with financial, health and family problems are the easy targets for converting. Such people need hope and assurance from the so called godly people. These religions clerics with religious knowledge instill fear and hope and easily hoodwink them.



But these religious converters do not talk about conversions to higher and nobler values which involve expansion of mind, more selflessness and tolerance, greater forbearance, sharing and caring and seeing the bigger picture. To become a better person one need not convert to another religion. Inner transformation to higher values is within ourselves which may require knowledge. This knowledge is not the monopoly of any one religion but is everywhere and all it requires is awareness and wanting to change for the better. Many religious clerics themselves do not have these wanting to change for higher and nobler values. They are more interested in increasing their religious authority and control and make many people’s life miserable such as the non converting parties in a conversion trauma.



To transform ourselves to higher values there must be greater awareness about who we are. Jesus Christ has said that “be still and know thyself”. Therefore to have greater awareness of ourselves one need not convert or go anywhere but to remain wherever we are and reflect inwards into ourselves. Ramana Maharishi said inquire into “who are you”. Such self inquiries will make us realize our greater potential and inner resources and will provide an understanding that religion is just one means to an end. Therefore we make or mar ourselves and it has nothing to do with god. We are the architect of our own future.

Anwar urges Selangor PR to go on offensive

Anwar called the Selangor state secretary impasse a ‘small issue’. — Picture by Choo Choy May

SHAH ALAM, Jan 10 — Datuk Seri Anwar Ibrahim called on Pakatan Rakyat (PR) last night to “attack” Barisan Nasional (BN) in Selangor, saying the time for defensive action was over.

The opposition leader called the Selangor state secretary impasse — which has occupied the attention of Selangor PR leaders for more than two weeks now — a “small issue” that could be overcome as PR had a “mandate” in the state.

The PKR de facto leader said PR could hit back at BN and ensure that Selangor remains in the hands of the federal opposition by focusing on welfare work and exemplary administration.

“Let’s not pay heed (to Umno’s attacks). We will attack and we will step up our service,” he told a rally of more than 8,000 PAS supporters at Stadium Malawati here last night.

“Selangor must be strong... When we are strong the battlefield will no longer (just) be Selangor. The battlefield will stretch to Negri Sembilan and Malacca, the borders of Johor, to Tenang, the Federal Territory... and Selangor must lead (the fight).”

Anwar told supporters that it was wrong to think Umno was strong as it had “run out of capital” and was now resorting to what he claimed were desperate tactics to keep power.

He also claimed Prime Minister Datuk Seri Najib Razak’s meeting with BN MPs last week was a sign that Umno was now in the midst of a “catastrophe”.

“This is the first time the prime minister has had to meet with MPs for 15 minutes each,” he said.

The country’s richest state has been in turmoil for the past week since the Chief Secretary to the Government named Datuk Mohd Khusrin Munawi to the post to replace outgoing State Secretary Datuk Ramli Mahmud.

The PR state government has rejected Khusrin’s appointment and insists it has the right to name its own person for the job.

The row over Khusrin’s appointment has escalated to the point where the PKR-led state government is now seeking to amend the state constitution to allow it to regain the pre-1993 authority to appoint the state secretary and other senior civil servants.

Selangor Mentri Besar Tan Sri Khalid Ibrahim also said that there would be no oath-taking ceremony between newly-appointed Khusrin and himself, adding that the latter will not be allowed to attend any executive council or state economic council meetings.

Umno has seized on the turmoil in the state by attacking the Selangor PR administration for allegedly going against the Sultan’s wishes.

The attacks from Umno appeared to be focused on winning over support from conservative Malays.

Non-Muslim rights promised by Allah, says Hadi

Hadi said “non-Muslims are part of Malaysia and Islam teaches us how to govern a country with a multi-religious society.”

SHAH ALAM, Jan 9 – PAS president Datuk Seri Abdul Hadi Awang said tonight that there must be a paradigm shift within his party to accept the importance of non-Muslims in its struggle to defend its Islamic convictions.

 
Hadi stressed that Islam had always taught Muslims to respect and protect the rights of non-Muslims.

“There must be a paradigm shift and we cannot be like Umno who purposely ignores its neighbours, MCA and MIC. They can easily forget and ignore their neighbours. This shows their illogical politics.


“We have to realise that non-Muslims are part of Malaysia and Islam teaches us how to govern a country with a multi-religious society,” he told a rally of more than 8,000 supporters at Stadium Malawati here tonight.

Hadi argued that the Pakatan Rakyat (PR) coalition symbolised a paradigm shift in PAS’s politics.

“Islam not only teaches us to respect Muslims but also non-Muslims and their places of worship. This is not a promise from PAS or PKR but from Allah.

“Pakatan Rakyat has been a success and we want this to be defended and strengthened. Hopefully Allah will give us victory in the general election,” he said.

Hadi’s message of political inclusiveness comes after reports that PAS was seeking to revive unity talks with Umno.

Earlier Hadi met with Datuk Seri Anwar Ibrahim to close ranks after a shaky start to the year.

Top of the agenda for the meeting between Opposition Leader Anwar and the PAS president was the Christmas eve audience with the Yang diPertuan Agong, which was attended by Hadi, PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat, PAS deputy president Nasharudin Mat Isa and Umno’s top two leaders.

The dinner was seen as another attempt to revive the talks on political co-operation with Umno in the name of Malay/Muslim unity, although both Umno president Datuk Seri Najib Razak and Nik Aziz have refused to comment on the meeting.

However Hadi told his supporters tonight that Islam would always remain the party’s political end.

“There will be those who question the link between religion and politics. This shows that the person is ignorant of Islam even though he is a Muslim,” he said.

Hadi said PAS would have to be patient and take the correct route to capture Putrajaya.

“Allah has warned us that we must be on the right path and not follow the path of people that do not understand. There are those who want it quick and easy and win with the easy route. And there are those who are not confident of winning and believe that they weak.

“We must be patient and take the right route,” he said.

Nik Aziz later added that Umno leaders must not forget that death comes to all.

“Umno is not the government of Malaysia and I am not the government of Kelantan because this land belongs to Allah. Everything is created by Allah and every person will experience death,” he said.

The question of political co-operation with Umno became a major campaign issue in the 2009 PAS election after it was revealed that its leaders, including PAS deputy president Nasharuddin Mat Isa and Selangor chief Datuk Hasan Ali, met then prime minister Tun Abdullah Badawi and former Selangor mentri besar Datuk Seri Dr Mohd Khir Toyo after Election 2008 to explore the possibility of forming a unity government.

Leaders aligned to Nik Aziz then accused Nasharuddin of conspiring to take PAS out of PR, but the deputy president successfully defended his post in a three-cornered fight with Mohamad Sabu and Kelantan executive councillor Datuk Husam Musa.

Sources familiar with the latest move to bring PAS into the BN government revealed that both Hadi and Nasharuddin would be given prominent roles in Putrajaya if the party decides to abandon PR, but Nik Aziz continues to be the major obstacle in bringing the party closer to the ruling coalition.

PAS holds 23 parliamentary seats within the PR coalition and controls two states, Kelantan and Kedah. Its presence in the other two PR-ruled states, Penang and Selangor, is also crucial to maintain PR’s majority and Malay support.

‘More ISA-style arrests likely’

Concerned opposition leaders are advising their members to be wary of another 'Operasi Lalang" style swoop to clamp down on rising dissent in Sarawak.


KUCHING: Opposition leaders in Sarawak are worried that another “Operasi Lalang” reminiscent of the Oct 27, 1987 crackdown in which 106 people were arrested under the Internal Security Act is underway following the recent arrest of two social activists.

Just past midnight last Thursday, Home Ministry officials and Special Branch police raided the office of the Sarawak Dayak Iban Association (Sadia) and arrested its secretary-general Nicholas Mujah. They also cartered away more than 1,000 CDs containing affidavits and testimonies of witnesses for court cases on native customary rights (NCR) land matters.

On the same day, Miri police also picked up another activist, a well-known native customary rights (NCR) land lawyer Abun Sui Anyit at the Miri airport. Sui had just arrived from Kuching. Police confisticated some CDs from his luggage.

Both were reportedly detained under the Film and Seditions Act respectively for possession of “sensitive and seditious” CDs.

Said Batu Lintang DAP representative Voon Lee Shan: “With the arrest of Mujah and Sui, this could probably the beginning of more arrests like Operasi Lalang.”

He said more people were expected to be arrested on “mere suspicion of sedition” such as distributing election flyers and CDs for the coming state election.

Voon, a retired police officer who knew what had happened during Operation Lalang, has advised opposition leaders to review their strategies to avoid arrest and the use of ISA against them.

BN feeling threatened

Meanwhile, Sarawak PKR information chief See Chee How said that with the BN feeling threatened, it was inevitable that opposition leaders would be harassed, intimidated and even arrested.

Opposition parties in Sarawak have to resort to distributing CDs and flyers to convey their messages to the people in the rural areas who have been subjected to bombardment of Barisan Nasional propaganda through radio and television.

PKR has distributed more than 40,000 CDs containing Sarawak PKR chief Baru Bian’s message to the rural people on the need for change in the administration of the state. Most of the households in the longhouses have CD players.

“The state BN government must have felt the sting of the PKR’s campaign strategy to the extent that they are worried and felt threatened.

“That is why they have to resort to harassment and intimidation of our leaders,” See said.

Najib makes the first move

KUALA LUMPUR: Prime Minister Najib Tun Razak’s meeting with 105 Barisan Nasional (BN) MPs yesterday is seen as a start in finding a suitable date for the general election.

Although focus was on what more could MPs do for the electorate, it was also to evaluate chances of retaining seats won by BN at the March 8, 2008 general election.

The MPs who were given three to five minutes each to present their problems were happy with the opportunity given.

It is the start of a political transformation by the BN chairman that may lead to indepth reports from the Mps.

Najib will not rely on only one report but will also study reports from agencies on the best time to call the general election.

The question being asked by many is whether the general election will be held in June together with the Sarawak election.

Umno Youth chief Khairy Jamaluddin said Najib has a good picture of what is taking place in each constituency.

“Even if we can’t give him the true picture, he knows what’s happening as he has all the information.”

The Rembau MP said that if election is to be held in June, then MPs only have six months to prepare.

Jerlun MP Mukhriz Mahathir said that the meeting did not produce clear signals for the general election.

“We need more time to discharge our duties and deliver promises made during the general election,” he said.

Umno Youth branch member Ahmad Azmil Ismail agreed.

“The prime minister surely has more information on what’s happening on the ground,” he said.

An MP who declined to named said all the MPs told the prime minister the good things taking place on the ground.

“Based on this, the prime minister will know whether we (MPs) are working or not,” he said yesterday.

- Bernama

Era Khairy: ‘Pemuda Umno paling lemah’

Apa sumbangan dan jasa Khairy yang boleh diiktiraf?' kata Setiausaha PKR Rembau Norazizi Aziz.

SEREMBAN: Pakatan Rakyat tidak pernah mengiktiraf kemenangan Ketua Pemuda Umno, Khairy Jamaluddin, yang menyatakan hasrat tidak mahu mempertahankan parlimen Rembau.
Malah Setiausaha PKR cabang Rembau, Norazizi A Aziz, menyifatkan Pemuda Umno di dalam era Khairy ini adalah yang paling lemah dalam sejarah kerana kita tidak nampak sebarang perjuangan yang berasaskan kepada mendahulukan kepentingan rakyat.
“Mustahil Pakatan Rakyat mahu mengiktiraf Khairy sedangkan Umno sendiri jelas meminggirkan Khairy. Lagipun apa sumbangan dan jasa Khairy kepada rakyat yang boleh diiktiraf?” kata Norazizi.
Menurut Norazizi, tindakan Ketua Pemuda PAS Nasarudin Hassan mempelawa Khairy menyertai PAS bukan atas dasar pengiktirafan tetapi adalah atas rasa belas kasihan melihat Khairy teruk dibuli di dalam Umno.
Baru-baru ini, ketua Pemuda PAS itu meminta menantu bekas perdana itu berjuang bersama Pemuda PAS.
“Saya tidak berminat untuk mencampuri urusan dalaman Umno namun semua orang tahu yang Khairy dipinggirkan apabila tidak dilantik ke jawatan menteri mahupun jawatan timbalan menteri padahal naib Ketua Pemuda mahupun pesaing beliau dalam jawatan ketua Pemuda Umno telah mendapat tempat timbalan menteri.
“Ketika itu alasan Khairy adalah perlu memberikan fokus terhadap golongan anak muda. Namun setelah berlaku rombakan, Khairy tetap diketepikan dan inilah yang mengecewakan beliau sebenarnya,” kata Norazizi.
Menurut beliau lagi, jarang berlaku dalam sejarah umno di mana seorang pemegang jawatan Ketua Pemuda Umno tidak mendapat jawatan menteri kabinet.
“Program dan aktiviti Pemuda Umno lebih kepada sekadar mendapatkan publisiti tanpa mendasari denyut dan nadi kesusahan rakyat.
“Pemuda Umno alam era terdahulu lebih kepada kuasa pendesak dalam Umno sendiri namun Pemuda Umno  di era Khairy lebih kepada menjadi “tukang angguk” kepada segala keputusan pihak atasan Umno.
“Khairy juga gagal memainkan peranan beliau sebagai ahli parlimen Rembau apabila beliau gagal menunaikan janji pilihanraya PRU 12 yang lepas.
“Mana hospital Rembau? Ke mana hilang Pusat tuisyen emas untuk pelajar miskin Rembau? Mana Uitm Rembau dan mana lapangan terbang yang dijanjikan? Rakyat Rembau masih menunggu,” katanya lagi.
Norazizi juga menyatakan bahawa beliau tidak menolak kemungkinan bahawa tindakan Khairy ini adalah untuk memancing rasa simpati pimpinan atasan Umno agar memberi perhatian terhadap beliau namun sehingga kini tiada sebarang respon terhadap tindakan beliau yang merajuk setakat ini.
“Pesanan saya pada beliau hanya satu; tiada istilah merajuk dalam kamus seorang pejuang rakyat.” katanya seperti dilapor dan blog Chegu Bard hari ini.

An inspiring chronicle of change

Malaysiakini

When we won the Asian Football Federation Suzuki Cup, our PM declared 31st December a public holiday, claiming to support the 1Malaysia concept of “People First, Performance Now”. Hurrah, hurrah.
But when our PM attended a Christmas celebration at the Catholic Church Archbishop residence, the PMO directive ordered the church officials to remove crucifixes and prohibit them from singing hymns and praying, saying it’s to protect the prime minister’s Islamic credentials.

Here we are shouting 1Malaysia this and 1Malaysia that, but know not how to respect the tradition, culture and beliefs of another religion? What message are we sending out to the public and the world at large? That we are still immature even after 53 years of independence?

That even our own leaders can’t walk the talk?

That’s just the tip of the tip of the iceberg. And our opinion would probably sound very biased to those who only read the mainstream media or who have been constantly reminded and instilled with fear of change.

But seriously; if we want to see improvement and real progress, we need to change. Change the way we think. Change the way we perceive things. Change for the better.

A wise man once said, “He who rejects change is the architect of decay.” So, let this book, ‘March 8: Time for Real Change’, open your mind. Read it and then, tell me and those whom I share my stand with, if we’re biased.

‘March 8: Time for Real Change’, is an upgraded and revised edition of the 2008 original, titled ‘March 8 The Day Malaysia Woke Up’, put together by Kee Thuan Chye.
This edition is divided into 3 sections – Where We Are Now, Back to the Beginning and Where Do We Go from Here, and contains 42 essays altogether.

The ones in Where We Are Now discuss major issues that have happened since March 8, 2008 and reflect on whether the country is better or worse off.

Back to the Beginning consists of essays and interviews selected from the original book, which bring us back to the beginning of March 8, helping us to reflect and learn from our mistakes before moving forward. Lastly, in Where Do We Go from Here, we look forward and reignite hopes for a better future.

Hoping for real change

Spread sporadically throughout the book are comments and opinions shared by Malaysians from all walks of life, young and old, expressing their hopes for real change – each very moving, especially the ones written by determined, hopeful youths.
The essay that brought tugged at our hearts was the one written by Kee (right), titled Merdeka on March 8, which reminded us of what happened three years ago – the joy that spread like wild fire and camaraderie that had the right ingredients for the now 1Malaysia.

Everyone did their part to make a difference. There were those who came back from afar just to cast their votes, those who volunteered to help out at the polls and those who attended the numerous ceramahs during the campaign period, to see change. And change is what we got.
If this can’t convince people that we can make a difference, then I don’t know what can.

There are also brilliant interviews in this compilation. We enjoyed the ones with Raja Petra Kamaruddin (RPK) that had a rather suggestive title, How Big Are Your Balls? and Steven Gan in We Stand with the Underdogs.
It goes without saying that the interview with RPK is not without some bluntness, wisecracks and Malaysian slang slipping in every now and then. Not only did it tickle us to the core, but it made us ponder on a few things.
We liked what he said about fear. “Once you keep fearing and fearing, everything takut, gangster-lah, takut ini-lah, takut itu, I tell you we will never move forward.” And how can one learn not to be scared? “…set an example, and you get people to join you.”

And we found the last comment he gave in regard to Umno ruling by sheer intimidation, so true. Don’t blame the musang for eating the ayam, because that is its basic instinct. If you want to blame, blame the one who opened the door to let the musang in, i.e. people who gave the power to the parties to do so.

We Stand with the Underdogs, is an interview with Steven Gan, the editor of Malaysiakini, who’s also a dedicated, rare Malaysian journalist. In this interview, Steven shares with us about his experience and challenges working with an independent media.
The second half of this interview focuses on being an underdog and supporting those in the same position. “I think if BN happened to be out of power, we would be standing with them. It is part and parcel of the fact that there has to be some check and balance, and we need to play that role.”

Sweet success

Like many other Malaysians, he too, shared the sweet success of March 8. He said, “I think the most meaningful thing that came out of it is that there can be a change in government without riot”, further proving that we need not fear change, because we can handle change.

This book reminded us that change is possible; that there is hope for a better Malaysia. It helped us recollect what has happened and reignited that fire in us again, to want to make a difference.
Youths and those interested in knowing a little more about politics besides the ones you have read in the mainstream media would appreciate this book, as it gives a clear picture of what we have achieved thus far and what our future holds if we don’t do something about it today.
Please do not to turn a deaf ear and blind eye to politics; it’s not dirty if you’re fighting for peace and justice.

If you’ve never really cared about the future of Malaysia, then ‘March 8: Time for Real Change’ might just make you want to care about it now.

Separate politics from civil service

The Star
COMMENT By ROGER TAN

Politicians should learn to work with the civil servants by winning their hearts and minds, just as in the United States and in the United Kingdom, whenever there is a change in government.

THE recent brouhaha over the appointment of former Selangor Jais director Datuk Mohd Khusrin Munawi as the new Selangor state secretary is really much ado about nothing.

In my humble opinion, the appointment made by the Federal Public Services Commission (PSC) under Article 52(1) of the Selangor State Constitution (SSC) is constitutional and lawful.

Let me explain.

Article 52(1) expressly provides as follows: “There shall be constituted the offices of State Secretary, State Legal Adviser and State Financial Officer; and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.”

Taking the words of Article 52(1) literally, it would appear that the sole appointing authority of the three Selangor State officers is the “appropriate Service Commission”. The provision does not mention the need to consult or even obtain the prior consent of any other person, including the Selangor Sultan and Mentri Besar.

If at all the Service Commission had consulted or obtained the consent of the Sultan or Mentri Besar, then this was done out of courtesy but certainly not out of any legal obligation.

However, the position would have been different had the older version of Article 52(1) not been amended by the Constitution of Selangor (Second Part) (Amendment) Enactment, 1993.

The old version read as follows: “His Highness shall on the recommendation of the appropriate Service Commission by instrument under His Sign Manual and the State Seal appoint a person holding whole time office in the public services to be the State Secretary, the State Legal Adviser and the State Financial Officer respectively: Provided that before acting on the recommendation of the Service Commission His Highness shall consider the advice of the Mentri Bear and may once refer the recommendation back to the Commission in order that it may be reconsidered.”

The 1993 Constitution Amendment Enactment, which was brought about by the 1993 constitutional crisis, also deleted Article 51(6) which read: “In the event of there being no Service Commission having jurisdiction in respect of any appointment of any officers mentioned in Clause (1) such appointment may be made by His Highness acting in His discretion.”

The repealed Article 51(6) was redundant because there is an “appropriate Service Commission”.

In fact, the Selangor Service Commission was established shortly after Merdeka together with Johor and Perak whilst Kelantan and Terengganu had a joint commission. Hence, the Selangor Sultan has made various regulations in relation to the Selangor Service Commission pursuant to Article 132(2) of the Federal Constitution (FC), such as the State of Selangor Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005 (2005 Selangor State Regulations).

It follows the question which everyone is now asking: who is this “appropriate Service Commission” given that Selangor already has its own Service Commission established under Article 97 SSC?

It is respectfully submitted that the PSC is the “appropriate Service Commission” referred to in Article 52(1).

To understand this, we must refer to Part X of the FC. Under Articles 139(1) & (2), the constitutional jurisdiction of the PSC, which automatically extends to both Penang and Malacca, can also extend to the other states under two scenarios, namely:

(1) the relevant state legislature can by state law extend the jurisdiction of the PSC to all or any persons in that state’s public service; or

(2) if there is no state public service commission in any state, then Parliament may by federal law extend the PSC’s jurisdiction to that state.

Examples of scenario (1) include the states of Pahang, Perlis and Negri Sembilan which enacted the relevant state laws shortly after Merdeka (see Public Services Commission (Extension of Jurisdiction) Enactment, 1958 of Pahang; Public Services Commission (Extension of Jurisdiction) Enactment, 1958 of Perlis and Public Services Commission (Extension of Jurisdiction) Enactment, 1959 of Negri Sembilan.)

Article 139(3) of the FC also provides that the state legislature can always later revoke or modify any state law extending the jurisdiction of the PSC to that state. In the case of Selangor, scenario (2) will not apply since there is already a Selangor Service Commission.

The next question is whether there is a Selangor State enactment extending the jurisdiction of PSC to any persons in the state service. If there is, the Selangor legislature can easily by a simple majority revoke the enactment by terminating the jurisdiction of the PSC without the need to amend the SSC.

But despite my best efforts and because access to sources of state enactments made in the early days of Merdeka is rather limited, my research has found no such Selangor state enactment similar to the aforesaid enactments of Pahang, Perlis and Negri Sembilan.

However, whether there is such an enactment or not is not really material in Selangor’s case because its position is rather peculiar.

It is respectfully submitted that Selangor has satisfied the above scenario (1) and the law which extends the jurisdiction of PSC is actually found in SSC itself under Article 97(9).

It reads: “Subject to the provisions of any existing law and the provisions of this (Second) Part it shall be the duty of the (Selangor State) Commission to appoint, confirm and emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the services to which its jurisdiction extends.”

In other words, the right of Selangor Service Commission to make appointments is subject to “existing law”, that is to say, “existing law” has application in Selangor. This Article 97(9) SSC is similar to Article 144(1) FC which provides that the jurisdiction of the PSC is also subject to “existing law”.

What then is this “existing law”? Article 160(2) FC defines this term as “any law in operation in the Federation or any part thereof immediately before Merdeka Day”. “Law” is further defined to include written law, common law, custom and usage.

But does Article 160(2) FC, which defines these terms, apply to the SSC? The answer is yes, because Article 94 SSC expressly provides that the definitions in Article 160(2) FC will apply when interpreting the SSC.

Of course, one will immediately ask what is this pre-Merdeka law that the jurisdiction of State Service Commission and the PSC is subject to. It is my considered opinion that this “existing law” refers to the law, custom and usage applicable to the Malayan civil service which is now known as the administrative and diplomatic service, of which Mohd Khusrin is a part of.

In other words, the jurisdiction of the Selangor Service Commission does not extend to the administrative and diplomatic officers who are within the purview of the PSC. This is clearly reinforced in the above 2005 Selangor State Regulations, which show the Selangor Service Commission only deals with junior officers or the rank and file.

It is also interesting to note that no other State Constitution has a provision identical to Article 97(9) SSC. But in Perak, an almost similar provision appears in Section 11(1) of the State Public Service Commission Enactment, 1959 and my above arguments should also apply to Perak. But the difference is that Article 97(9) SSC can only be amended if the two-thirds requirement is met.

To appreciate this, one must look at history – when Selangor was one of the four Federated Malay States together with Pahang, Perak and Negri Sembilan. In the late 1800s, the civil services of the Federated Malay States were amalgamated with that of the Straits Settlements of Penang and Malacca into a unified Federated Malay States Civil Service (FMSCS) – the precursor of the prestigious Malayan Civil Service, then predominantly staffed by Malay officers.

The Treaty of Federation 1895 then led to the FMSCS turning into a single administrative unit where all the civil servants would report to the Resident-general based in Kuala Lumpur, then the capital of Selangor. From 1911 to 1935, the title “Resident-general” was also known as the Chief Secretary.

On the other hand, the Unfederated Malay States of Johor, Kedah, Kelantan, Perlis and Terengganu had their own separate civil services, which remain until today except for Perlis which extended the PSC’s jurisdiction pursuant to its 1958 Enactment as explained above.

In fact, the Reid Commission was not really in favour of having separate State Service Commissions. The Reid commissioners said in their 1956-1957 Report: “It would be uneconomic to have separate commissions operating in each state, and further we believe it would add to the efficiency of both the Federal and State services if there could continue to be a considerable interchange of officers between them. We therefore recommend that the Public Services Commission ought to have same powers over state employees as they have over federal.”

Turning to the issue at hand, the validity of Mohd Khusrin’s appointment is not affected even if Mentri Besar Tan Sri Khalid Ibrahim refuses to allow Khusrin to take the oath of secrecy under Article 52(4) SSC.

At worst, Khusrin is barred from attending State Executive Council meetings. But can Khalid afford to prolong the altercation with Mohd Khusrin, who is head of the Selangor Civil Service, any further if he wants the policies of the state government to be implemented?

I would have thought that Khalid had learnt from former Mentri Besar Datuk Seri Dr Mohamed Khir Toyo’s experience. Dr Mohamed Khir had publicly ridiculed a senior state civil servant by awarding him a broom for poor performance before the last general election.

Pakatan leaders ought to realise that the reason why the three state officers who are professionals are allowed to become ex-officio members of every state exco in this country is because of the role they have to play as a constitutional check and balance on the politicians’ exercise of executive powers. This helps bring about transparency, accountability and good governance.

It is for this same reason that in some state corporations, the federal government is entitled to appoint their representatives to sit on their boards pursuant to the Incorporation (State Legislatures Competency) Act, 1962.

I am also rather amused that just because of the Mentri Besar’s dislike for and distrust of Khusrin, the SSC has to be amended. Did I not hear from all those speeches of Pakatan leaders that a constitution is sacrosanct and amendment should only be made as a last resort? There is even now a suggestion to make the amendment, if passed, to have retrospective effect, and such a move is against international norms.

If the reason given by the Selangor leaders is to reinstate the above older version of Article 52(1) in order to return the appointment powers to the Sultan, my next question is whether they would also at the same time repeal Article 55(1A) SSC, which was inserted by the above 1993 Amendment Enactment.

Article 55(1A) provides that if the Sultan is to act in accordance with the advice of any person, the Sultan “shall accept and act in accordance with such advice.” There is a similar provision in Article 40(1A) FC applicable to the Yang di-Pertuan Agong.

If Article 55(1A) SSC is not repealed when reinstating the older version of Article 52(1), it will mean the Sultan still has no discretion but to act on the advice of the Mentri Besar. It is also unconstitutional to repeal Article 55(1A) SSC without also repealing Section 1A of the Eight Schedule of the FC, as Article 71 FC requires the former provision in the form of Article 55(1A) to be inserted in the SSC. If so, will the Pakatan legislators be able to repeal Section 1A of the Eight Schedule of the FC in Parliament?

Sadly, all this boils down to the inexperience of government of the Pakatan leaders. It is hoped that if they strongly believe in a two-party system, they would learn to work with the civil servants by winning their hearts and minds, just as in the United States and in the United Kingdom whenever there is a change in government.

The writer is a senior lawyer and a former Malaysian Bar Council member.

Rosmah Receives Courtesy Call From Prince Faisal

From Nor Hasliza Abdullah

RIYADH, Jan 10 (Bernama) -- Saudi Education Minister Prince Faisal Bin Abdullah Bin Mohamad Al-Saud today paid a courtesy call on Prime Minister's wife Datin Seri Rosmah Mansor at the Intercontinental Hotel's Royal Suite here.

The prince and Rosmah, who chairs the Permata Negara policy working committee, spent about 30 minutes discussing on the importance of early education and human capital development for both countries.

Prince Faisal was accompanied by his deputy Nora Bint Abdullah Al-Fayez.

Nora became Saudi Arabia's first female minister and was made to take up the position of deputy education minister with special responsibility for female education.

Rosmah is on a three-day visit to Saudi Arabia which began on Jan 8.

The delegation included two female vice-chancellors, Professor Tan Sri Dr Sharifah Hapsah Syed Hasan Shahabudin of University Kebangsaan Malaysia and Professor Datuk Dr Aminah Ayob of Universiti Pendidikan Sultan Idris as well as 10 members of the Association of Wives of Ministers and Deputy Ministers (Bakti).

On Sunday, Rosmah visited Princess Noura Bint Abdul Rahman University (PNU), one of the six universities for women in Riyadh.

She was met on arrival by PNU Rector, Princess Dr Aljohara Bint Fahad Al-Saud.

The university, which is currently operating from a temporary building, will be the world's largest university for women upon completion in the first quarter of next year.

India, China See Greatest Labour Need In Construction Sector

NEW DELHI, Jan 10 (Bernama) -- Fuelled by the housing needs of millions of people, India and China are seeing the "greatest demand" for labour in the construction sector, Press Trust of India (PTI) said citing a report by the World Economic Forum.

Two of the world's most populous countries, India and China, are also among the fastest growing large economies.

"The world's greatest labour demand in construction is found in China and India, which is not surprising, given the need to house millions of people," the latest Global Talent Risk report has said.

Prepared by the WEF in association with the Boston Consulting Group, the report analysed projected talent shortages in 25 countries, including India.

According to the study, BRIC (Brazil, Russia, India and China) nations have a fairly constant overall labour demand growth trend across industries.

"For instance, in financial services, BRICs will see much more change in their future talent line-ups than they do today ... The demand trend in clusters such as manufacturing professionals will grow sharply as more sophisticated products are developed," it noted.

Stressing human capital as the "engine of economic prosperity", the study said there is increasing demand for highly-skilled people worldwide.

"Employability will continue to be a huge problem worldwide. Because of the uneven quality of education systems,(for instance) only 25 per cent of Indian and 20 per cent of Russian professionals are currently considered employable by multinationals," the report said.

Huge demand for highly-skilled professionals is expected to be witnessed in companies, especially those in trade, transport and communication sectors in developing nations.

Health care research and development is expected to generate enormous demand for skilled labour worldwide.

Many countries would have an aged population by 2050, a scenario that could further increase the demand for talent.

"Compared to today, in 2050, ... all BRIC countries will have more than doubled age 65 and older dependency ratios, and all except India will have more aged societies than today's most-aged society (Japan)," it added.

Kua Kia Soong on defence spending

Thought-provoking interview over BFM Radio with Kua Kia Soong, author of the book Questioning Arms Spending and former MP of Petaling Jaya.
He questions the need for large amounts of defence spending in the region and the way defence contracts are awarded out.
In fact, Jane’s ‘Intelligence and Insight’ on the Malaysian defence budget reports: “It could be argued that Malaysia is involved in somewhat of a regional arms race that has its basis more firmly in nationalist sentiment than genuine military threat. This mini-arms race may have distorted the purchasing plans of the Malaysian military.”

Death in custody: ‘My husband was tortured’

KUALA LUMPUR: A wire-man was found dead at the Bukit Jalil police lock-up here yesterday morning in yet another death in custody case.

M Krishnan, 37, was found dead in the lock-up and his wife, P Revathi, 37, claimed he was tortured to death.

She lodged a report at the Sentul district police headquarters at 2pm today, demanding a second post-mortem be conducted. She was accompanied by N Surendran, the family’s lawyer.

Surendran is also a human rights member of the NGO Lawyers for Liberty, and PKR vice-president.
Also with them was Kapar MP S Manikavasagam.

According to police, the initial post-mortem results showed the death was related to ulcer, but Krishnan’s family disputed it, claiming there were bruises on the body.

Police have classified the case as sudden death.

“There were bruises all over his back, an open cut wound on his right abdomen, and a bruise on his right eye. I believe he was tortured till he died,” Revathi said in her report.

Revathi said Krishnan was in good health. “How could he die all of a sudden?” she asked.

“I hold the Inspector-General of Police (Ismail Omar) and the government responsible for his death,” said Revathi, who also urged that investigations be taken over by Bukit Aman federal police headquarters.

She said that police did not inform her about his demise, but an inmate, Sargunan, who was with Krishnan at that time, told her about it when she went to the mortuary at UKM Medical Centre in Cheras here.

Sargunan, who was released yesterday, also alleged that he saw Krishnan being stepped on by policemen.

Said Manikavasagam: “Sargunan told me that police had ignored Krishnan when he complained of stomach aches. When he tried to wake Krishnan up yesterday morning in the cell for breakfast, the latter just collapsed.”

Fundamental right

Surendran said he would get Sargunan to lodge a police report on what he saw.

“Despite all the marks, the hospital is saying it is ulcer. We must have a second post-mortem as it is a fundamental right of the family,” he told FMT, adding that he was disappointed with the hospital authorities for stopping the family from viewing the body.

“This is just like A Kugan’s case. We’ve had so many cases where the hospital is working with the police to cover up.

“Don’t force the family to go to court,” said Surendran.

(Kugan, 23, a suspected car thief, died in police custody on Jan 16 last year. A policeman was charged with causing grievous hurt to Kugan at the interrogation room at the Taipan police station in USJ, Subang Jaya.

The policeman, Kons V Navindran, will know on Jan 28 whether he would be required to defend himself in the case.)

Surendran said peaceful assemblies will be held till Krishnan’s case is resolved.

“We will be gathering at Bukit Aman at 1pm on Monday to hand over a memorandum to the IGP,” Manikavasagam said, adding that he saw Krishnan’s wounds and was convinced it was not a natural death.

“Last week there was K Sivam, 43, who also died at the Sentul police lock-up. It seems that deaths in police custody are happening every week, every month. The Indian community is unhappy,” he said.

Meanwhile, Cheras district police chief ACP Mohan Singh said only his superiors can decide if there is a need for a second post-mortem.

He said Krishnan was arrested in Taman Miharja on Jan 3 and remanded for four days for drug possession.

“He died yesterday morning. Earlier, he was brought to the hospital for treatment of his stomach pains,” he said, adding that the case was classified as sudden death. - Free Malaysia Today

Samy to write to New Delhi on Indians' welfare in Msia

India would not cease its investments in Malaysia as it was a long-standing trading partner, Special Envoy on Infrastructure S Samy Vellu said today.

Rebutting calls by a group of Malaysians who initiated an anti-Malaysia campaign and urged the Indian Government to sever businessties with Malaysia, the former MIC president said Indian leaders were well aware of the current situation in the country.

"I will write to the Indian Government on this. Prime Minister Manmohan (Singh) has seen what Indians are doing today.

"They have moved from the agriculture sector to manufacturing and the government is taking measures to help Indians in the country," he told the Malaysian media in New Delhi.

A prominent Indian newspaper published that the group had claimed "grave human rights violations committed by the Malaysian Government" in a report distributed in New Delhi.

The group has been distributing pamphlets to this effect at the Pravasi Bharatiya Divas which kicked off in Delhi today.

Samy Vellu is leading a large delegation to the ninth edition of the three-day international conference where scholars, politicians and academics of Indian origin congregate.

- Bernama

Officials: Thousands flee tribal violence in northeast India

New Delhi, India (CNN) -- Thousands of tribespeople have fled ethnic unrest in India's remote northeastern states of Meghalaya and Assam since the New Year, officials said Friday.

At least eight tribespeople have been killed in the violence so far, said Meghalaya's deputy chief minister B.M. Lanong.

A curfew has been ordered along the tense borders of the two states after clashes between Garo and Rabha tribes uprooted up to 3,000 people, he said.

Army and paramilitary forces are on standby.

India's far-off northeast has for decades been hit by insurgencies and tribal conflicts.

Last year, a road blockade by ethnic communities crippled Manipur, another state in the region, for months. The crisis badly hit supplies of food, fuel and life-saving drugs to the state.

The latest round of trouble in Meghalaya and Assam erupted in what Lanong explained was retaliation to a longstanding demand n for an autonomous council by one of the groups.

He said rumors also escalated tensions.

"The situation is fast improving now. We are also in touch with the government of Assam and are sending in relief materials and blankets (to the restive areas)," Lanong insisted.

Teoh's family wants police probe into pre-fall injuries

Selangor flays Utusan for using palace

SHAH ALAM, Jan 8 — The Selangor government has accused Umno-owned Utusan Malaysia of trying to drive a wedge between Tan Sri Khalid Ibrahim’s administration and the sultan.

The mentri besar’s political secretary Faekah Husin condemned today the Malay newspaper for “hiding their ill intentions behind the name of the palace”, while strenously denying that there is any issue of treason involved in the state secretary impasse, it

She said last Sunday’s column by Awang Selamat, a pseudonym for the newspaper’s editors, was purposely trying to stir up controversy and incite Malay anger towards the state Pakatan Rakyat (PR) government.

Faekah also called on the Home Ministry to “stop pretending it is unaware of Awang’s lies and sedition

“It is sowing seeds of hate and suspicion, similar to what happened in 1992 and early 1993. Only then, the palace was the target and now it is the Pakatan government,” said Faekah in a statement today.

Insisting that it was only an administrative matter between the state government and the chief secretary to the Malaysian government, she said that the issue was being used by Utusan Malaysia to accuse the PR government of disrespecting the ruler.

In 1993, constitutional amendments were introduced by the Barisan Nasional (BN) government to limit the powers of the monarchy.

Faekah warned Utusan Malaysia that the Sultan knew how it was the Umno-led coalition that eroded the powers of the monarchy and would not be fooled by its about turn.

She said that in light of this, Awang Selamat’s attempt to turn the tables and accuse PR of treason was “incredible” and “rotten” and the people could see that it was a political manoeuvre.

In her statement, she claimed that in 1993, an Umno MP had warned the royalty that if it did not respect the wishes of the people, “their throne would end up in the museum.”

She added that Umno Youth had also insisted that the federal government be firm on removing royal immunities while government officials were not to deal with the palace without the prime minister’s permission and could decline invitations by the royalty.

The ongoing row began when the chief secretary to the Malaysian government named Datuk Mohd Khusrin Munawi as the new state secretary for Selangor late last month.

However, the state insisted that it could make its own choice and rejected the former Selangor Islamic Religious Department director who has been at odds with the administration.

The impasse has escalated over recent weeks and PR is planning to call an emergency sitting of the state assembly to amend the constitution to remove powers of appointment from the federal government.

Police promise to open up on Glenmarie killings probe

Lawyer N. Surendran (right) listening as Chief Inspector Saipul Anuar Razali explains he was only tasked to receive the memorandum. — Picture by Yow Hong Chieh

KUALA LUMPUR, Jan 8 — The families of three youths — whose lives ended in a Glenmarie shooting — will get a police status update in two days time, after two months of silence.  The police promised today they will inform the lawyers representing the families by Monday.

Lawyers for Liberty, together with the families of the three killed, extracted the guarantee after handing in a memorandum at Bukit Aman police headquarters here demanding “effective investigation” into the fatal shootings.


Chief Inspector Saipul Anuar Razali, who received the memorandum on behalf of the Inspector-General of Police (IGP), said the lawyers could contact public relations assistant director ACP Razdi Ramli on Monday for an update.

Saipul also promised to forward the lawyer’s demands to IGP Tan Sri Ismail Omar today.

Lawyer N. Surendran of Lawyers for Liberty said he was “disappointed” with the police’s stonewalling today.

Saipul had earlier said he could not check on the status of the case as it was a Saturday and he was only tasked to receive the memorandum.

“They should be able to tell us now (what the status of the probe is). We are disappointed that no action has been taken for two months,” Surendran said.

“We will continue to press this issue until we get justice for these three Malaysians.”

Muhammad Hanafi Omar, 22, Muhammad Shamil Hafiz Shapiei, 15, and Hairul Nizam Tuah, 20, were gunned down by the police after a reported high-speed car chase in the early morning of November 13 in Glenmarie, Shah Alam.

The families of all three lodged police reports in November last year alleging the police had performed what Surendran characterised as a “gangland-style execution”.

The police claimed they had shot the suspects in self-defence when they charged at the officers with machetes at the end of a pre-dawn car chase.

However, Surendran has claimed that the three youths were shot in the chest and head from close range, with bullets exiting lower, suggesting the shooter fired from a higher position.

Selangor acting police chief Datuk A. Thaiveegan had reportedly defended his officers’ actions by describing the three dead as “seasoned criminals” who were allegedly involved in at least three armed robberies in Selangor the week prior to their shooting.

The latest youth shootings have roused Pakatan Rakyat (PR) and Barisan Nasional (BN) lawmakers to demand for newly-installed Inspector-General of Police Tan Sri Ismail Omar to end indiscriminate fatal police shootings.

According to human rights group Suara Rakyat Malaysia (Suaram), 88 people were killed in police shootings last year.

The non-governmental organisation also claimed not one police officer has been held accountable in the shootings and that the high number of deaths in 2009 was “alarming”, considering that there were only 13 such cases in the previous two years.

Why no royal commission on illegal immigrants in Sabah?

KOTA KINABALU: The Sabah Progressive Party (SAPP) has repeated its call for a royal commission of inquiry on illegal immigrants in the state and the issuance of MyKads to some of them.

SAPP president Yong Teck Lee made the call in response to Prime Minister Najib Tun Razak’s announcement on the setting up of a royal commission to investigate the Teoh Beng Hock case in view of the inconclusive verdict of the coroner after the inquest.

“Everyone in Sabah is asking, how about a royal commission of inquiry on illegal immigration and the issuance of MyKads to illegals in Sabah and the threat to national security?

“Surely, the illegal immigrant crisis, dubbed the ‘Mother of all threats’, is equally, if not more, deserving of a royal commission of inquiry?” Yong asked in a statement here yesterday.

He said that in the last few years, there have been the a royal commissions of inquiry on the police (2004), on the nude squat video clip of a woman (2005) and even a video clip of lawyer VK Lingam (2007).

“SAPP and some other political parties have repeatedly sought for a royal commission of inquiry (on illegal immigrants).

“SAPP’s MPs similarly have voiced the same in Parliament.

“SAPP calls on the federal Cabinet, which consists of four full ministers from Sabah, to immediately push for a royal commission on illegal immigration in Sabah,” he added.

He noted that PBS, a BN component party, had last year given a deadline of 2012 to finally resolve the illegal immigration crisis in Sabah.

Yong, a former chief minister, said that PBS MPs and its leaders in the Sabah Cabinet must similarly take a clear and unequivocal stand calling for a royal commission to resolve the issue without further delay.

“In spite of repeated assurances by both state and federal ministers to tackle the illegal immigration crisis in Sabah, the situation in the state has gone from bad to worse.

“What are our government leaders waiting for?” he asked.

Brickfields hawkers face eviction threat

KUALA LUMPUR: Brickfields hawkers have been threatened with eviction by KL City Hall (DBKL) if they do not make way for urban development.
With 16 stalls on the sidewalks of Jalan Tun Sambanthan 3 and Jalan Padang Belia, some of them have been there for more than 20 years. All of them also have valid licences.
Hawker representative Arivom Namashivaya told FMT that DBKL had surprised the hawkers on the night of Dec 9 last year, with a letter informing them of a meeting the very next day.
At the meeting, they met with DBKL officials and Malaysian Resources Corporation Bhd (MRCB) contractors, who told them that their stalls were in the way of a sidewalk renewal project.
The renewal plan was part of the Little India project, initiated by MRCB in mid-2010. DBKL told the hawkers that they were to move their businesses elsewhere, and suggested a few places for relocation.
Arivom said that one of these areas was along Jalan Tebing, near the Tun Sambanthan Monorail station.
Right next to the Klang River and hidden behind condominiums, Jalan Tebing would also put the hawkers more than 100 metres away from their original locations.
Arivom also said that DBKL had already made up its mind, and was adamant in getting the hawkers to move out.
He added that DBKL justified the action as a means to improve traffic flow. In response, Arivom asked if the Jalan Tun Sambanthan traffic reversal system had actually helped.
Once a two-way street, Jalan Tun Sambanthan is now a one-way road. The change annoyed local traders, causing many to complain of a massive drop in business.
“I then asked them (DBKL): Why did you call us now when you have already made the decision?” Arivom said.
Unfortunately, his queries did not sit well with DBKL Small Hawkers Management Department director Ibrahim Yusof.
According to Arivom, Yusof allegedly told the hawkers: “The minister (of Federal Territories and Urban Wellbeing, Raja Nong Chik Zainal Abidin) will pull back your licences if you do not leave.”
Angered but unfazed by the threat, Arivom replied: “If you do that, then we will choose another minister during the next general election.”
In a trip to the area, FMT noticed that many of the sidewalks unoccupied by stalls had already been earmarked for the sidewalk renewal project.
Convenience stall owner Omar Firdaus Kumar Abdullah told FMT that MRCB’s work stopped short of the stalls operating on the sidewalks.
“MRCB can’t renew the sidewalks because of the stalls around here,” he said at his stall along Jalan Tun Sambanthan 3.
Omar said that if DBKL wanted them to move, it needed to provide proper hawker infrastructure for them.
He told FMT that he had to build his current stall of 14 years without DBKL help, and had relied on relatives as well as other hawkers for assistance.
If the hawkers were moved to Jalan Tebing, Omar said he would need to start over from scratch. “We would have to find our own water, electricity and location,” he added.
“They have to build a nice shop for us. If they do that, then we don’t mind. Just don’t build like the one at Jalan Chan Ah Tong,” he added.
In mid-2010, many hawkers who plied their trade near the Jalan Travers-Jalan Tun Sambanthan junction were forced to move to a temporary centre along Jalan Chan Ah Tong.
They then were promised by the government that they would only reside there for about three months. In the meantime, MRCB would transform that corner of Brickfields into Little India.
Although the area has been sufficiently developed, none of the hawkers have been allowed to return to their original locations yet. Many of them have suffered heavy losses as a result.
Another hawker who only wanted to be known as Eddy told FMT that he had no problems with the sidewalk renewal plan, but opposed relocation.
“I don’t have a problem with beautifying the pavements. They want us to move, but to where? Where can we go? There isn’t anywhere else to go,” Eddy said
He added that there were no places left in Brickfields for the hawkers to go to, and that any shift would take them away from their regular customers.
“This is not a logical decision. We will lose our regular customers if we move to a new place. If they smash our shops, we want compensation,” he said.
Echoing Eddy’s wishes, Arivom told FMT that the hawkers preferred not to move.
He also added that DBKL may have regarded the stalls as an eyesore to the area, and did not see the locals flocking to the stalls daily.
“They think that they should do away with all these stalls. They don’t see the positive side to them,” Arivom said.
In a letter to Raja Nong Chik, Arivom agreed to letting MRCB beautify the sidewalks, as long as the stalls were kept safe.
In doing so, the hawkers would agree to close their stalls for a week, while MRCB did its job. “It’s a win-win suggestion. If they accept it, that will be a very big relief,” he said.
Arivom also said that it was very unlikely for DBKL to smash the stalls along Jalan Tun Sambanthan 3 and Jalan Padang Belia.
“They won’t be that harsh. They won’t do that. If they did that, it would be a fatal move,” he said.
Arivom also raised the matter with Federal Territories and Urban Well-being Deputy Minister M Saravanan, who informed the representative that he would bring it up with DBKL.
Although he said that DBKL had not harrassed the hawkers over relocation, Arivom added that subsequent meetings with City Hall were not friendly.
FMT also learnt that none of the hawkers had been served with written eviction notices yet. Even so, the hawkers here have admitted that the fight for their livelihood was not on their side.
Said Omar: “Nothing has been finalised yet, but they will go through with this.”
“Nothing can be worked out with them. They already have the plan for this place,” he said, pointing to the multi-billion ringgit KL Sentral development undertaken by MRCB.
“Personally I don’t want to move. Everybody doesn’t want to move. But, they are indirectly forcing us out, so now we don’t have an excuse.”

Perkasa: A royal waste of money

KUALA LUMPUR: Swimming against prevailing sentiments, Perkasa president Ibrahim Ali has dismissed the royal commission of inquiry concerning Teoh Beng Hock as a waste of taxpayers’ money.
Chiding Prime Minister Najib Tun Razak over the matter, the independent Pasir Mas MP said the opposition had been exploiting the former political aide’s death to fish for votes in the coming election.
“A royal commission costs money, the inquest already cost money. And this is the rakyat’s money, my money, as I am a taxpayer as well,” he said, adding that the government should not have caved in to political pressure.
“It’s not that we don’t sympathise with Teoh’s death but I feel it should not be politicised. If they can catch someone then good, if not, then we can’t do anything,” he said.
Ibrahim urged the police to probe Teoh’s cause of death and suggested that his family take civil action instead of a “redundant and unnecessary” royal commission.
“I was shocked when the PM announced the commission today. It’s shameful, as it does not respect the inquest’s decision, as if the court ruling has been outrightly rejected,” he told a press conference here.
“Wasn’t the inquest held based on the request of the family? The inquest process was transparent and based on the Criminal Procedure Code.
“A coroner was appointed and he ruled that it was neither suicide nor homicide, so it’s an open verdict… I’ve checked with lawyers and this means it’s up to the police to see if there’s anyone that can be accused,” he added.
On Wednesday, Coroner Azmil Muntapha Abas issued an open verdict after 18 months of proceedings, drawing flak from various quarters.
Teoh was found dead, presumably from a fall, after being questioned overnight by the Malaysian Anti-Corruption Commission (MACC) in July 2009.
Rejecting the possibility of suicide, his family suspected foul play and this led to Najib ordering an inquest into the cause of death.
This morning, Najib announced the setting up of the commission, which would look into whether MACC’s investigative procedures violated human rights.
As for Teoh’s cause of death, Attorney-General Abdul Gani Patail, whom Najib said was dissatisfied with the open verdict, had filed for a review of the decision with the High Court this afternoon.

Inquest better than commission
Meanwhile, Ibrahim said Teoh’s family had a fixed mindset that the inquest must discover who were Teoh’s murderers, if any.
“I found out that an inquest is more open and better than a royal commission as it is in the open court. If the commission returns a similar decision, then what next?” he asked.
The Perkasa boss also questioned why there were no calls for a royal commission into the murder of cosmetics tycoon Sosilawati Lawiya and the fatal shooting of teenager Aminulrasyid Amza by the police.
On another matter, Ibrahim “congratulated” Umno Youth chief Khairy Jamaluddin, with whom he had often crossed swords, for deciding not to defend his Rembau parliamentary seat in the next general election.
“If he thinks it’s good for him, its up to him,” he said, “But I think he doesn’t need to tell it to the public, keep it to yourself for now. It’s as if he wants the people to coax him to stay.”
Meanwhile, Ibrahim said that Perkasa would be focusing on more economic issues that affected the Malay community in 2011, including having a Malay rights-based economic unit that would work alongside the government’s Performance Management and Delivery Unit (Pemandu).
He also revealed that a Perkasa gathering to promote Malay unity would be held on Feb 26 in Perak where former premier Dr Mahathir Mohamad had agreed to attend.
“Perkasa will be more vocal, more aggressive, this year, fighting for Malay and Bumiputera rights,” he added.

Taib Strikes Back! – Exclusive Photos

This post is also available in: Iban, Malay

Confiscated leaflets - are these troubling for Taib?

BN and Sarawak’s Chief Minister, Abdul Taib Mahmud, have exhibited their concern about the growing tide of criticism engulfing their government by launching a series of lash-backs in the past 24 hours.
On Thursday night they utilised the police to arrest two groups of high-profile NGOs within a few hours of each other.  Both groups were threatened with charges of possessing seditious material, but were eventually released.

The material concerned included discs containing recordings of the popular Radio Free Sarawak programme, which operates as an independent political voice in Malaysia without a Government licence, as well as clips from the alternative Sarawak TV, Bebas.

Nervous of legitimate criticism?
Sarawak Report can offer exclusive pictures of the police raid on the Sarawak Dayak Iban Association (SADIA), which took place in Kota Sentosa, Kuching, in the early hours of the morning on Thursday.  Plain clothes police, accompanied by

Ransacking the SADIA office - exclusive

Malaysian Ministry of Home Affairs (Kementerian Dalam Negeri – KDN) officials, ransacked the office and removed the discs and copying machines, along with some leaflets and posters.  The offensive leaflets bore a compelling visual message – illustrating Sarawak as a milk cow and Taib Mahmud and Najib sitting beneath its udders and squeezing it dry!
The organisation’s Secretary General, Nicholas Mujah, and two associates were taken to the police station for questioning until after 3am before being released.  Police also removed legitimate equipment from the office, yet it is believed that the group was eventually released without charges.

Loot is shipped off in police vehicles

Parallel arrest in Miri
This raid in Kuching followed an earlier arrest at Miri airport of the respected NGO lawyer Abun Sui Anyit, who has fought a number of successful cases against the government’s seizure of Native Customary Rights Land on behalf of a number of local communities.  He had just arrived from Kuching and is believed to have also been in possession of

Removal of "seditious" materials - exclusive

CDs containing episodes of Radio Free Sarawak.  Clearly the fact that the radio station is building a faithful and growing audience in the state has worried the incumbent Chief Minister.  The station, which is broadcast on SW and is available also on the internet, is regularly highly critical of corruption and human rights abuses.  It also frequently draws attention to land grab issues affecting native communities, who have had their lands ‘alienated’ under Taib’s amended land laws.
‘Yes it’s political’!
Abun Sui was informed by the arresting officers that he was being detained for “political reasons” and that he was likely to be charged under the Sedition Act of Malaysia (1948) for possessing ‘seditious’ material!  But eventually the lawyer was released without charges, showing that the authorities’ jittery behaviour may not be as focussed and organised as their political masters might like.

Taken to the police station in the middle of the night - lawyer Chee See How accompanies the SADIA team and an associate

Meanwhile, Chee See How, a lawyer working with the PKR leader Baru Bian, who is also a leading human rights lawyer in Sarawak, accompanied the SADIA personnel to the police station and they also were eventually released on police bail without charges.
This form of response to the recent criticism shows a level of intolerance towards freedom of speech (which  the Government Minister James Masing himself recently defended in an interview with Radio Free Sarawak) that is troubling for the growing opposition movement in Sarawak.  But such defensiveness also reveals deep worries within BN about the volume of dissent in the run up to the upcoming State Elections.
The government knows that to use such brute force in its attempts to curb criticism is in danger of back-firing, not least because of the large number of prominent lawyers who are prepared to defend those politicians and NGOs who are

Exclusive pictures - Bailed without charges. Will such harrassment of NGO supporters of human rights cases turn out to be counter-productive for Taib?

supporting human rights cases against the hundreds of land grabs sponsored by Taib Mahmud and the BN administration.   There is also the danger of attracting the  international attention of the large number of NGOs, who are concerned by the escalation of environmental and human rights issues in Sarawak.
Will arrests back-fire?
So, Taib has flashed his claws.  But, he will have to decide carefully what to do next and whether to continue this strategy of harrassment and arrests or to adopt a lower-key approach for fear of provoking even more bad publicity than he has been receiving already.
Radio Free Sarawak can be accessed at 1800-1900 on 15420 kHz (SW) and at 2000-2100 on 6205 kHz (SW) or via its podcast on www.radiofreesarawak.org.

Cabinet next week must ensure Teoh Beng Hock’s death does not end up as “a heinous crime without criminals”

By Lim Kit Siang,

More than 25 years ago, the term “heinous crime without criminals” referred to the first biggest financial scandal in the country, the RM2.5 billion Bumiputra Malaysia Finance (BMF) scandal – when no one was held criminally responsible in the country for the financial malpractices, abuses of power and gross breach of criminal trust even though it claimed one innocent life, the cold-blooded murder of the young BMF Asst General Manager in Hong Kong, Jalil Ibrahim.

The Cabinet next week must ensure that Teoh Beng Hock’s mysterious death at Malaysian Anti-Corruption Commission (MACC) Hqrs in Shah Alam 18 months ago on July 16, 2009 does not end up as a “heinous crime without criminals” following Wednesday’s Open Verdict of the inquest into Teoh’s death.

MCA President Datuk Dr. Chua Soi Lek has expressed full support for the Prime Minister, Datuk Seri Najib Razak’s announcement on the setting up of a Royal Commission of Inquiry, saying that the move showed that the Government was transparent and sensitive to the case.

This statement is testimony that the MCA President is completely insensitive to the sense of despair, outrage and consternation, felt not only by the bereaved and aggrieved members of the Teoh Beng Hock family that their 18-month agonizing wait for justice and closure had been in vain with the “Open Verdict” of the Teoh Beng Hock inquest, but that of the ordinary Malaysians as well.

Can Chua explain how the establishment of a Royal Commission of Inquiry specifically excluded from investigating the cause of Teoh’s death but only confined to the investigation procedures of MACC could help in uncovering the cause of Teoh’s death – taking a further step in pursuing the inquest finding excluding suicide as the cause of Teoh’s death and the important finding of Teoh’s prefall neck injury?

The MCA and all other Ministers next Wednesday must ensure that the Royal Commission of Inquiry is not a farce, not only in terms of reference and scope of investigations but also in membership – a RCI that Malaysians want and not one which started off without credibility or public support whatsoever.

Will MCA Ministers agree if the Attorney-General’s objective is to seek a revision of the “Open Verdict” of the Teoh Beng Hock inquest to revise it to one of “death by suicide”?

Sex-change man 'cannot be a woman'

The New Straits Times
by Jaspal Singh

TAIPING: The High Court yesterday dismissed with costs the application of a 35-year-old man, who underwent a sex-change operation more than four years ago, to change the gender status on his MyKad.

The court ruled that it was not ready to declare the applicant a woman because his new sexual organ resembling a female's, was not endowed on him naturally.

Judicial Commissioner Ridwan Ibrahim, who heard the matter, made the ruling in his chambers.

Speaking after the ruling, the applicant's counsel, Wong Kah Woh, said Ridwan ruled that the law did not empower the court to decide such matters.

The applicant's name was withheld for his security.

Two Sarawakian activists detained by police

The Star
by STEPHEN THEN

MIRI: Two Sarawakian indigenous rights activists were arrested by the police Thursday night for alleged involvement in seditious activities.

Abun Sui Anyit, a lawyer involved mainly with human rights and land rights issues, was arrested at Miri Airport at 11pm.

Nicholas Mujah, the secretary of the Sarawak Dayak Association, and also a vocal land rights activist, was arrested in Kuching, around the same time.

Miri police chief Asst Comm Jamaluddin Ibrahim confirmed the arrest of Abun Sui in Miri.

IGP: Police To Further Raise Integrity, Professionalism & Image To Fight Crime

KUALA LUMPUR, Jan 8 (Bernama) -- The Royal Malaysian Police will step up efforts to fight crime by further improving the integrity, professionalism and image of its officers as well as modernising its equipment and infrastructure, says Inspector-General of Police, Tan Sri Haji Ismail Omar.

"One of the key elements for success here will be to increase the integrity of my officers to an even higher level," he told a briefing of senior news editors at the federal police headquarters at Bukit Aman here earlier this week.

Among the senior officers present included the Deputy IGP Datuk Seri Hussin Ismail, CID Director Datuk Seri Mohd Bakri Zinin, Director of Narcotics Investigations Datuk Noor Rashid Ibrahim, Director of Commercial Crime Investigations Datuk Syed Ismail Syed Azizan, Director of Logistics Datuk Mashuri Zainal.

Ismail admitted that there were a "few bad apples" who had tarnished the image of the force but said he would go all out to increase the level of professionalism of his officers through human capital development and training.

For a start, all front-liners must look smart in their uniforms and be professional in their conduct and duties like stopping a car, issuing summons or taking down a report, he said.

"They must be first-class in their appearance, conduct and speech," said Ismail, who became the IGP on Sept 13 last year after having joined the police force as an inspector in 1971.

Ismail also said that since he took over at the helm, police officers had also been directed to forge closer relations with people in their communities, including religious bodies.

To portray an even more positive image of the force, police officers had been advised that they should attend prayers in their uniforms in mosques, temples or churches and be pro-actively engaged in the activities of these houses of worship.

"We want to take a new approach here. I have been told that police officers in Penang, Johor and Perak had travelled together in police buses to pray and I hope that officers in the other states will follow suit," said Ismail.

By forging closer relationships with the community, he said that this would help the police to win the people's confidence and co-operation, which would go a long way to help them in their crime prevention and crime-solving work.

"It's about instilling greater respect and love for my officers in blue," he said.

On modernising the police force's infrastructure and equipment, he said it was not only about asset acquisition but also training his officers to be able to use the latest technology to combat crime.

Getting the police force to be better equipped with the latest surveillance technology would enable its officers to enhance their overall capability, he said.

"We want to make Malaysia a safe place to live�for Malaysians, investors and tourists�we want them to feel really safe," he said, adding that the police, as custodians of the law, would adopt a firm and forceful but prudent approach when dealing with those who flout the country's laws.

The police force has successfully surpassed the targets set by PEMANDU (Performance Management and Delivery Unit in the Prime Minister's Department) to reduce street crime by 20 per cent and overall crime by 5.0 per cent in 2010 under the National Key Results Areas (NKRA) for Crime.

In actual fact, Malaysia's street crime index dropped by 35 per cent in 2010 when compared with 2009 while overall crime fell by 15 per cent against 2009.

Sweden to close embassy in KL

Sweden is closing five embassies worldwide in 2011: Buenos Aires, Brussels, Hanoi, Kuala Lumpur and Luanda.


The official reason is budget cuts. “This painful decision is a consequence of the recent decision of the Riksdag to cut funding to the Government Offices by SEK 300 million,” said Sweden’s Minister for Foreign Affairs Carl Bildt.

Elsewhere within Asean, Sweden has embassies in Singapore, Bangkok, Phnom Penh and Hanoi. Unlike certain Asean countries, Malaysia actually has an embassy in Sweden.

The closure is all the more puzzling as Malaysia is one of Sweden’s largest trade partners in Southeast Asia, according to the Swedish Embassy’s website.

Last March, some 200 Perkasa members gathered at the Swedish Embassy in KL and submitted a memo to protest at Swedish cartoonist Lars Volk’s  caricatures published in the Swedish media that denigrated the Prophet. (See photos on the Perkasa blog-site.)

The controversy over whether Kartika should be caned for drinking beer – which undermined Malaysia’s ‘moderate Islam’ image abroad – was prominently featured in the Swedish media. See, for instance, an outspoken reaction here over the Kartika case, published on the website of one of the top-selling Swedish newspapers, Aftonbladet. Would the Swedish authorities be expected to cane its media editors for publishing Volk’s caricatures, the news portal mused.

Perkasa says no to Teoh royal commission

Malay rights pressure group Perkasa has urged the federal government not to proceed with its plan to establish a Royal Commission of Inquiry into political aide Teoh Beng Hock's death.

At a press conference today, Perkasa chief Ibrahim Ali (right) said there was no need for the commission because the inquest had already declared an open verdict on his cause of death.

"We should all just leave it to the police to handle the matter and take action against the guilty party," said Ibrahim.

Given that the courts had already decided on the matter, having the commission to probe the matter was tantamount to disrespecting the courts and a waste of public funds.

"(What) if this commission does work? What else will we establish next?" Ibrahim asked.

Ibrahim salutes PM

He explained that the inquest will serve no purpose because the matter had already been presented in an open court.

“Of course we are saddened about his passing but this should not be the way,” he said.

Ibrahim adds that the establishment of the commission would also serve as fodder for the opposition.

Despite his criticisms on the commission, Ibrahim commended Najib for attempting to show that his administration was transparent.

“For that I salute him,” said Ibrahim.

On Wednesday, Coroner Azmil Muntapha Abas declared an open verdict on Teoh's cause of death after an 18-month inquest.

Following this, Prime Minister Najib Abdul Razak today announced that a Royal Commission of Inquiry would be established to determine if Teoh's human rights were violated during the investigation process at the hands of the Malaysian Anti-Corruption Commission (MACC).

Dr M to officiate second Perkasa rally

Meanwhile, Ibrahim announced that Perkasa's second national gathering will take place on Feb 26 at Pasir Salak, Perak which is the site of JWW Birch's slaying by Maharajalela and his assistant Sepuntum in 1874.

Former premier Dr Mahathir Mohamad will officiate the event that is themed 'Bersatu teguh, becerai roboh (together we stand, divided we fall)'.

Ibrahim expects about 15,000 people at the event several speakers would be talking about the Malay and bumiputera economic agenda.

“This will bring awareness for the Malays and the bumiputera. It is about Malay rights. It is not racist but (an attempt) to bring the nation together and (ensure) everyone gets a fair share,” he said.

The event will be the second major Perkasa rally organised since September last year.