Assalamualaikum Warahmatullahi Wabarakatuh, Good Evening and Happy Malaysia Day.
Ladies and gentlemen, beloved citizens of Malaysia.
1.
Alhamdulillah with the Grace of Allah, we are able to celebrate the
48th anniversary of the formation of Malaysia as citizens of an
independent, sovereign, democratic, peaceful and harmonious nation.
2.
The tale of Malaysia’s journey is indeed colourful. From its
beginning as a low income agricultural nation at the time of its
formation, today, as a result of systematic planning and sound
implementation, we have successfully emerged as a moderately high income
modern industrial nation. Moving on, although the success attained is
monumental and very significant, it is not a reason for us to cease our
effort, be comfortable, what more do nothing.
Ladies and gentlemen, beloved citizens of Malaysia.
4.
Looking at the pages of history, when our nation achieved
independence 54 years ago until Malaysia was formed six years later,
with the inclusion of Sabah and Sarawak, many then, whether foreign
observers, or local inhabitants doubted and even questioned, a new
nation with its States separated by the South China Sea, then threatened
by communist insurgency, with its population living below the poverty
level, exacerbated by the diversity factor in terms of demography which
was extraordinarily complex, would this nation be able to remain strong
as a nation state as well as succeed?
5.
It is a fact, viewing Malaysia’s achievement up to now, from the
first crawl to subsequent stumbles, the road to success had been full of
challenges. Combing the annals of history, it is indeed miraculous that
soon after independence, that fact, and with it the additional burden
of the acceptance of the system and philosophy of administration of the
country based on Parliamentary Democracy, Constitutional Monarchy and
Federalism, was accepted by us even before maturity of the
aculturisation process.
6.
Clearly, before independence, the people of the thirteen states
which united to form Malaysia neither had the opportunity to elect a
government into power nor determine the type of its administration.
These people merely existed as people in protected states or colonized
land who were accorded limited political privilege according to the
discretion of the ruler in power. Surely, this was not real political
right derived from nationality in an independent and sovereign country.
7.
Factually, before independence, the first political election which
was held where the people were given the opportunity, albeit a limited
one, to elect their representatives was at the election of several
Municipal Councils in 1952 and subsequently the election of part of the
Members of the Federal Legislative Council in 1955. In reality, only
after independence were the citizens given the full right and
responsibility to elect all the Members of the House of Representatives
and the State Legislative Assemblies, consequently full discretion to
determine the party or the coalition party which would form the
government.
Ladies and gentlemen, beloved citizens of Malaysia,
8.
Without doubt, we should be thankful because from time to time,
whatever obstacles that had come our way, whether internal or external
in their source, which threatened democracy and individual freedom be it
communist insurgency, confrontation against the formation of Malaysia,
race riots, economic downturn, religious extremism, and racial
chauvinism, Alhamdulillah, each and every obstacle had been dealt with
and faced within the framework of prudent action, democratically based
on the principle of constitutional supremacy and the rule of law.
9.
It should be remembered that, during that period not once did it
cross the government’s mind to change the existing Parliamentary
Democracy and Constitutional Monarchy system to an anti-democracy
system, however great the challenge faced. As recorded in our nation’s
history, as a result of the 13 May tragedy, Seri Paduka Baginda Yang
DiPertuan Agong on the advice of the then Prime Minister had proclaimed
emergency pursuant to the provision of Article 150 of the Federal
Constitution.
10.
One of the consequences of the 1969 proclamation of emergency was
the suspension of ongoing elections in Sabah and Sarawak. What happened
thereafter was that elections to the House of Representatives were only
held twenty months later and the Parliamentary Democracy system was
restored after peace and stability prevailed.
11.
Even though that was the case, the late Tun Abdul Razak as Deputy
Prime Minister then cum Minister of Defence who was entrusted to lead
the Majlis Gerakan Negara or MAGERAN, with absolute executive and
legislative powers, never desired to retain those powers longer than was
necessary.
12.
It is evidently clear, the late Tun and his colleagues then more
than realized that the extraordinary unfettered powers in their hands
must never be made the norm in their use for the sake of this beloved
nation. On the other hand, they understood that such absolute power was a
trust to contain and control tragedy and instability which occurred.
Ladies and gentlemen, beloved citizens of Malaysia,
13.
Rightly, as a nation which practises parliamentary democracy, the
power to determine the political party which will form the government
whether at the Federal or at the state level rests absolutely in the
hands of the rakyat. After more than five decades of independence and
almost five decades after the formation of Malaysia, we find that, the
experience, maturity and wisdom of the people of this country in
electing the government to determine the future direction which they
desire cannot be denied by anybody.
14.
In fact, I often opine that long gone is the era in which the
government knows everything and claims monopoly over wisdom. The
revolution in the field of information technology, progress in
communication and the sophistication in transportation have opened up
competition and extensive and dynamic comparison in the ideas market.
15.
In this contemporary time, the standards as well as peoples’
access to all levels of education have become more extensive . In
addition, the sound economic growth, reduction in poverty rate and
social engineering initiative have succeeded in enhancing the standard
of living and creating a big middle class. In recent times, the priority
in terms of the wants and needs of the Malaysian citizens has undergone
a big change compared to four or five decades ago.
16.
Going further, administering a country formed from the moment of
independence out of the wishes of the people, the current government
will continue to be commited to upholding the system of Parliamentary
Democracy, Constitutional Monarchy, the rule of law, the philosophy of
federalism and the check and balance principle between the three
branches of government.
Ladies and gentlemen, beloved citizens of Malaysia,
17.
As many of you know, except for the proclamation of emergency of
1964 as a consequence of the confrontation which was impliedly revoked,
all the proclamations of emergency subsist till today. Thus, realising
that the reality in Malaysia has changed, feeling the pulse, agitation
and aspiration of the rakyat who clamour for a more open and dynamic
democracy, where, the opinions, ideas and concerns of the masses are
given due attention, so as to be at par with other democratic systems in
the world which are underscored by the universal principle from the
people, by the people and for the people, the government now under
Clause (3) of Article 150 will table a motion before both Houses of
Parliament to have the three Proclamations of Emergency annulled. In my
opinion the time has come for the people of Malaysia to advance to the
future with the next paradigm based on new hope and not be bound by the
nolstagic constraints of past history.
Ladies and gentlemen, beloved citizens of Malaysia,
18.
In designing a civilised nation to face extraordinary situations
threatening the security of the nation and the well being of the people,
unavoidably, the situation demands for special measures which sometimes
are outside the democratic norms. An example is preventive detention.
Indeed the astuteness in countering violence requires us to prevent the
action before innocent lives and property are lost, or injury results.
This is a global truth.
19.
From the Islamic law perspective, it is stipulated clearly in the
Maqasid Syariah which has as its objectives five main matters that is;
firstly: religion, secondly: life, thirdly: the mind, fourthly: progeny
and dignity and fifthly: property. In fact the principle of Usul Fiqah
deals in a substantial way with the need to prevent a wrongdoing from
occurring. Another principle stipulates that the decision of the ruler
is a trust which must be implemented for the people being governed for
their general benefit.
20.
This is not something strange, unusual or alien. It has been
proven that developed democratic countries such as the United States of
America and the United Kingdom had also enacted special legislative
framework to deal with terrorist threats post the 11 September tragedy.
21.
The fact is that, the balance as well as equilibrium between
national security and individual freedom must prevail in a modern
democracy. It is the duty and responsibility of a government which has
as its highest objective the welfare and well being of the people to
find this right balance.
22.
For example, the right to free speech guaranteed under the Federal
Constitution does not in any way mean that any body is free to defame
and stoke hatred. Another simple example is this, the government is also
responsible to prevent a false cry about a bomb in a stadium full of
people. This is because such uncontrolled freedom will only create panic
which may lead to injury and loss of lives.
Ladies and gentlemen, beloved citizens of Malaysia,
23.
Pursuant to that, as I have promised in my maiden speech after
first assuming the post of Prime Minister on 3 April 2009, that the
Internal Security Act 1960 ( ISA) would be reviewed comprehensively, it
is now my pleasure to announce on this historic night, that the Internal
Security Act 1960 ( ISA) will be repealed entirely. To prevent
subversive action, organised violence and criminal acts in order to
preserve public order and security, legislation will be enacted under
the umbrella of Article 149 of the Federal Constitution. In essence, the
legislation will have the aim of maintaining peace, well being,
tranquility and order in the lives of the people and the country.
24.
Over and above everything else, the Government will always ensure
that the fundamental rights of those involved are preserved. Any law
enacted will take into account rights and fundamental liberties based
on the Federal Constitution. The new law will provide for a
substantially reduced period of detention by the police compared to what
we have now and any further detention may only be made with the order
of the court except the law in relation to violence which is still under
the power of the Minister. In general, the power to further detain will
be transferred from the executive to the judiciary.
25.
In addition to repealing the Internal Security Act 1960, the
Government will also repeal the Banishment Act 1959 as well as review
several laws to ensure that these laws fit the present needs. In
relation to that, we will not hesitate to amend or repeal laws which are
no longer relevant.
26.
This comprehensive review will involve the Restricted Residence
Act 1933 and the Printing Presses and Publications Act 1984 where the
yearly renewal principle will be abolished and in lieu thereof a licence
will be issued until revoked. The Government will also review section
27 of the Police Act 1967, taking into consideration Article 10 of the
Federal Constitution regarding freedom of assembly and so as to be in
line with international norms on the same matter.
Ladies and gentlemen, beloved citizens of Malaysia,
27.
As a nation, Malaysia and all of her people now stand at a
crossroads. The decisions we make today will determine the fate and
shape Malaysia as it will be in the future, the homeland that we will
pass on to our children and future generations. The question is, are we
capable of surpassing and challenging the common suspicion that
Malaysians with their diverse backgrounds, varying socioeconomic
statuses and political understandings which are typical of human nature,
can arrive at a consensus to not bow or surrender to the trappings of
hate and distrust which would certainly drag us down into a valley of
disgrace. Instead, let us all brave a future filled with hope and
nobility together.
28.
Be confident that it is a strength and not a weakness for us to
place our trust in the Malaysian people’s intelligence to make decisions
that will shape the path of their own future. If we perceive it as a
mistake, then what is the use of us planning our national development so
meticulously since Independence, what is the use of us spending large
sums of the nation’s treasury every year to provide quality educational
access to all, freeing them from the clutches of poverty, and building
world class physical infrastructure and information communication
technology?
29.
It is absolutely clear that the steps I just announced are none
other than early initiatives of an organised and graceful political
transformation. It stands as a crucial and much needed complement to the
initiatives of economic transformation and public presentation which
the government has outlined and implemented for over two years in the
effort to pioneer a a modern and progressive nation.
30.
It is neither too early nor too late, but this is the most
suitable and precise time for such major estimations to be made and
implemented. Though some parties opine that this is too risky, we will
proceed with it for the sake of survival, as it has been fifty years
since our nation achieved independence, and and nearly five decades
since Malaysia was formed. Thus, we stand at the threshold of a vehicle
that speeds towards its destination as a fully developed nation.
31.In
closing, I wish to emphasise that free of any suspicion and doubt, the
Malaysia that we all dream of and are in the process of creating is a
Malaysia that practices a functional and inclusive democracy where
public peace and prosperity is preserved in accordance with the
supremacy of the Constitution, rule of law and respect for basic human
rights and individual rights.
For the sake of Malaysia, have faith and place our trust in God.
Wabillahitaufik Walhidayah Wassalamualaikum Warahmatullahi Wabarakatuh. Thank you.
