The MALINDO DEFENCE Daily

Friday, February 12, 2010

Drop Anwar charges, Australian MPs tell Malaysia




(The Australian) - MORE than 50 Australian members of parliament, including frontbenchers from both sides of politics, have signed a letter demanding that the Malaysian judiciary drop charges of sodomy against former deputy prime minister Anwar Ibrahim.
Michael Danby, chairman of parliament's foreign affairs subcommittee, delivered the letter to the Malaysian high commissioner, Salman Bin Ahmad, yesterday.

The letter says: "It should be made known to the Malaysian government that in our opinion global esteem for Malaysia will be affected by these charges against Mr Anwar."

The letter further states: "Many friendly observers of Malaysia find it difficult to believe that a leading opposition voice could be charged with sodomy a second time, and so soon after his party made major gains in national elections."

Most of the 50 signatories are Labor members, including two frontbenchers, parliamentary secretaries Gary Gray and Laurie Ferguson. The Deputy Speaker of the House of Representatives, Anna Burke, also signed the letter.

On the Liberal side, environment spokesman Greg Hunt is the most senior signatory, along with former opposition leader Malcolm Turnbull.

Mr Anwar was first charged with sodomy in 1998. He was convicted, but in 2004 Malaysia's Federal Court overturned his conviction.

Mr Anwar was a former deputy prime minister and finance minister under Malaysia's long-serving former leader, Mahathir Mohammed. The two fell out bitterly in the wake of the 1998 Asian financial crisis. Since he was released from jail, Mr Anwar has become the leader of the Malaysian opposition, which made sweeping gains in Malaysia's last federal and state elections.

Such a strong pro-Anwar intervention by so many, and such senior, Australian politicians could well once more inflame the Australia-Malaysia relationship, which went through turbulent times when Dr Mahathir and Paul Keating were their countries's respective leaders. Since then Australia has trodden softly to ensure Malaysian co-operation on trade, military and intelligence, counter-terrorism and regional efforts to stop people-smuggling.



* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Embattled Khairy safe for now


Analysis by JOCELINE TAN

Khairy Jamaluddin’s position as Umno Youth chief is not in danger despite Internet chatter that he is about to be dislodged.

REPORTERS covering the Umno Youth exco meeting recently were surprised to see Khairy Jamaluddin wearing a songkok with a white band.

He apparently wanted to show his respect for the late Johor Sultan although he is from Negri Sembilan. It was, as one of his exco members said later, the politically correct thing to do.

Under the spotlight: Khairy (right) speaking at a recent press conference after chairing an exco meeting at the Putra World Trade Centre. Looking on is Umno Youth deputy chief and Muar MP Datuk Razali Ibrahim.

These are challenging times for Khairy and he has been trying to do the right thing as the leader of Umno Youth.  But, evidently, some feel he is not doing enough and several Umno-affiliated bloggers have been going about on alleged moves to undermine him and even to force him from his post.

It was largely a cyberspace debate until Tun Dr Mahathir Mohamad joined the fray.

The former premier pointed out that it was not the first time that the Youth chief had faced opposition.
He added that there had been specific requests that Khairy not campaign during various by-elections.
He even questioned why it had taken seven hours to count and verify 700 votes in the Umno Youth elections last year.

Despite all this, Khairy’s position is not in danger at all. There is no way that his exco members will resign to force his hand. The party leadership would not allow that.

Besides, the discussion at the Umno Youth exco meeting was not as reported in cyberspace.

The exco meeting had proceeded smoothly till towards the end, when Hishammuddin Yahaya, who is Putrajaya Youth vice-head, spoke about what he saw as the slow progress in the wing.  Hishammuddin, also known as Yeop among his buddies, got rather carried away and said something to the effect that if the Youth leader was not liked, then he should resign, and that the same would apply to the other exco members including himself.
Several others jumped in to claim that they had been sidelined because they were not aligned to Khairy and one of them even blamed him for the lack of media coverage for an event.
There was also unhappiness that Khairy made statements on various controversial issues without prior discussion and that it was difficult for them to justify it with the grassroots.
Another point raised was that after almost a year as Youth chief, Khairy had yet to bring the exco for a courtesy call on the Prime Minister.

It was all quite spontaneous and civil but it did reflect the frustration in the ranks about the state of affairs in Umno Youth. Khairy’s style has been quite different from his predecessor.
He has embraced the new media and is trying to bury his keris-waving image by occupying the moderate ground on issues, and he can be bold when the occasion calls for it.
His chief hurdle seems to be that many in Umno do not perceive him to be the leadership’s preference for Youth chief.

A great deal of politics is about perception and he has been unable to manage the perception to his advantage.

His kinship and political ties with the previous leadership have also turned from a plus to a minus factor now that Umno’s political centre of gravity has shifted to Datuk Seri Najib Tun Razak.  In the meantime, the Youth exco members have been tight-lipped about what happened.
“We were voicing our concerns through the proper channels and I really regret the leak of information to the blogs,” said exco member Tun Faisal Ismail Aziz.  Khairy has, meanwhile, acted quickly by securing Hishammuddin’s cooperation.
He asked Hishammuddin to go on an assignment to Labuan during which they had a man-to-man talk. The matter is settled. I don’t want to talk about it anymore,” said Hisham-muddin when contacted.
The Youth exco delegation is also scheduled to call on the Prime Minister on Feb 17.

Datuk Seri Najib Tun Razak’s choice for Youth chief was widely perceived to be Datuk Mukhriz Tun Mahathir but he has since been circumspect in his opinion of the wing.  The same cannot be said for Dr Mahathir. There is no love lost between Dr Mahathir and Khairy who are at least two generations apart.
But their problem has nothing to do with a generation gap and everything to do with politics. Dr Mahathir had been critical when Khairy came in as deputy Umno Youth chief without a contest in 2004.
He had described the win as a “one horse race” which was won not because Khairy was the better candidate but because the feet of the other horses or would-be candidates were tied.

Some think the elder statesman is being rather unfair to the younger man. Khairy is, after all, the choice of the Umno Youth delegates.

But others say that Dr Mahathir is merely looking to the survival of Umno which hinges on how young Malays perceive the party and that is why his campaign against Khairy is unlikely to end soon.//



* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Thursday, February 11, 2010

A direct translation of what is happening to the Malaysian Bloggers

 This is a transcript from Rocky Bru's blog on a comment that i would like to share with everyone....how true things are....


Anonymous has left a new comment on the post "Police reports against Nizar, Kit Siang":


Anonymous 1:36 PM:
"its a sad day your blog has come to this!"

Translation: It's a sad day laa... because slowly and slowly what we THOUGHT of winning the blog war, turns out not to be true. MalaysiaKini lied to us... got numbers yes but not everybody believe in them. MalaysiaToday also kenot depend... RPK deletes about 500-600 pro-malay postings everyday
so we are given a false sense of belief that EVERYBODY in Malaysia including the malays hate UMNO and the government. I said sad earlier because this Locky blog has visitors and commenters where 99% of the comments are against the Fuckatans.


Anonymous 3:41 PM:

"while u are awarded with your recent datukship and the probable fattening of your bank account, others are suffering."

Translation:
See? I am suffering. Can't you see? My neighbour Ah Chai can drive a Ferrari oledi but I am still stuck with my BMW. And see my PC? Got only duo-core, maaa. Singapore internet surfers oledi got quad core. Oh never mind there are malay families who still can't afford computers, or to send their kids to college for that matter. Important things is, I MUST ESTABLISH OF MY OWN wealth and pleasure first. And don't you DARE call me Kiasu!

Anonymous 3:41 PM:
"This is the worse blog posting I have ever come across."

Translation:
Don't tell anybody 'aaa.. But ebeli morning, not yet got my coffee or brush my teeth, I must quickly, without fail, switch on PC and get on to LockyBlu blog first. Because unlike Malaysiakini, Malaysiatoday, and even UtusanMelayu, LockyBlu is a REAL EXEMPLARY VOICE POOL OF THE ACTUAL MALAYSIAN POPULATION!!



How true this is... and CIFUT BABI, who ever you are... hats off to you my man.... you summarized it nicely bro...



* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Colonial rule: British played favourites with the various races


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Written by Cheah Boon Kheng   


The following essay by Dr Cheah Boon Kheng was published in the book Multiethnic Malaysia – Past, Present and Future under the title ‘Race and Ethnic relations in Colonial Malaya during the 1920s and 1930s’. 

Dr Cheah is visiting professor at the National University of Singapore. He was previously history professor at USM, and has been visiting professor at the Australian National University and ISEAS. He is also author of several books.
***************************

‘Race and Ethnic relations in Colonial Malaya during the 1920s and 1930s’

By Cheah Boon Kheng
From the end of the First World War to the beginning of the 1929-1932 Depression, British Malaya experienced an “era of internal peace and unbounded prosperity” and “racial relationships were a model of harmony and good feeling for all the world,” observed American political scientist Rupert Emerson, in his book Malaysia, published in 1937.[1]
But the collapse of Malaya’s boom economy and trade followed the crash of the American stock market in 1929. Malaya’s markets for rubber and tin and other products soon wiped off their staggering gains and fell almost to stagnation.  Mines and rubber estates slowly came to a standstill. The tide of immigration, which had flowed so strongly into Malaya from China and India to meet the labour demands of economic production, was now reversed.

Social, economic and political turmoil set in inevitably in the swift transition from prosperity to poverty, and began to arouse latent ethnic hostilities and suspicions among the races, which just stopped short of open conflicts and bloodshed. 

As Emerson noted:

“When all classes of all races were being warmed by the golden sun of the boom there was no occasion to bicker either among themselves with the ‘heaven-born’; but when the sun was obscured and the chill rains began to fall it became necessary to crowd for space under the limited space.” [2]


This paper demonstrates that the politics of race influenced the colonial government’s intervention during the worldwide depression. In trying to favour the economic interests of one group against another, its policies aroused rather than defused racial antagonisms and generated ethnic animosity and ethnic consciousness. 

This is a much-discussed topic in Malaysian economic history. What I present here are the major issues that raised ethnic tensions, but which did not lead to open violent conflict and bloodshed. At the end, I offer an assessment of the impact of these issues on Malaysian history.

Race and ethnic relations in colonial Malaya

Emerson repeatedly uses the terms ‘race’ and ‘racial’ to refer to the different communities in British Malaya, as these terms were in vogue then and refer particularly to physical characteristics, specific types or groups of peoples, and the colour of their skins. Ethnicity, however, is sociologically a broader term and encompasses not only physical characteristics but also identities and other aspects such as language, culture, religion and place of origin. We should bear these differences in mind.
In the colonial society of the 1930s, race and the colour of one’s skin determined the status of a person. Caucasians and whites regarded themselves in a position of superiority, and they looked down on Asians and others.

The colour bar was maintained intact in the Malayan Civil Service[3] and used to prohibit Asians and others from entering exclusively “white” areas in racecourses, clubs and even railway carriages.[4] Within the social and economic structures of colonial society in Malaya, British administrators and traders and other Western entrepreneurs were at the top of the social hierarchy. Rich and influential Asians and Malay rulers and aristocratic Malays would fall within a level below them and may even occasionally be allowed to mix with them at social functions.

The British had acquired and opened up the ports of Singapore, Malacca and Penang in the Straits Settlements in the interests of British capital and Western enterprise and later they extended their control into the troubled peninsular Malay states for the purpose of creating political stability and ordered government of a Western type. Under treaty obligations with Malay rulers, British administrators offered them advice and later accepted Malay chiefs into state councils. Later, other Malays were taken into a special Malay administrative service, but they were relegated to junior positions.

The Malays came to play little part in the shaping of their lives, as British officials took all the major decisions. To all appearances, the form and substance of the Malay states was preserved, alongside the Western political system, administrative structure and economic growth. The bulk of the Malay population remained largely as peasant cultivators in the rural areas within the framework of traditional Malay society and behind the walls of British protection. But Malays were treated no differently from other Asian peoples when it came to the matter of social norms.

Cheap immigrant labour was imported from China, India and elsewhere for manual labour and services in jobs, which the Caucasians or whites or even the Malays were reluctant to undertake.

The British adopted an open door policy on immigration, so that large numbers of immigrant labour poured in, initially into the Straits Settlements, and later into the tin mines and rubber estates of the peninsular Malay states. In the Straits Settlements, where the population was predominantly Chinese, the British administrators attempted to accommodate Chinese interests by according them slight representation on the Legislative Council, and later into the lower rungs of the Straits Settlements Administrative Service. They also met their demands for higher education in Singapore by setting up the King Edward VII Medical College and the Raffles College.

Because the peninsular states remained legally ‘Malay states’ in character, the British refused to take into account the tendencies towards permanent settlement of the Chinese and Indians by granting them citizenship or other rights beyond the normal safeguards to life and property for fear of arousing Malay opposition.

The British thereby even avoided integrating the locally born and domiciled Chinese and Indians with the Malays as it viewed racial integration as a troublesome responsibility. The British as ‘protectors’ of the Malays preserved the distinctions between the separate communities based on the criteria of economic functions, ethnic origin and culture.[5]

The dominant British attitudes of superiority and racial hierarchy led it to adopt a policy of favoritism. In awarding government contracts, loans, and lands and in the protection of legal rights, they frequently favoured British and Western business interests over Asians and other non-Westerners.

These attitudes gradually forced the development of a certain level of ethnic consciousness within each of the three major races in Malaya. Ethnic relations in Malaya during this period, while harmonious, need to be viewed within the context of a colonial framework of a segmented, plural society within which these communities maintained a separate, parallel existence, united by the colonial political system, and which met only in the marketplace.[6] Each racial group kept to itself and performed mutually exclusive functions and received appropriate rewards. Most members of the different races were not in economically competitive roles, and therefore not directly in conflict with each other.

Given the constant flow and uneven nature of immigration from different parts of China, India, and Arabia and also from the Malay archipelago, including the Netherlands East Indies, the Malays, the Chinese and the Indians were themselves more culturally diverse and different than united in the early years of the 20th century. But largely owing to British communal policies and the competition for scarce resources, they began to move towards group formations and a common group ethnic identity. These processes were geared to safeguarding and protecting group interests and rights, requiring communities to close ranks and to de-emphasize their sub-racial, linguistic and cultural differences by adopting a common but larger ethnic ‘Malay’, ‘Chinese’ and ‘Indian’ identity. 

For instance, the Chinese in Malaya came from different clans, guilds and provinces of China, and spoke different dialects. Except for those with formal education, few could hardly read, write or speak the official Chinese language, Mandarin. Hakka and Hokkien came from Fujian province, Cantonese from Guangdong province, and Shanghainese from Shanghai, but they were not close to one another as each kept to his own clans or guilds, and intermarriage between these sub-groups was even frowned upon. But for the sake of survival in Malaya these immigrant Chinese gradually began to break down their racial and cultural barriers and develop a sentiment of ‘Chineseness’ to unite and build up a larger ethnic ‘Chinese’ identity.

A similar meaning, understanding and development of ‘Malayness’ and ‘Indianness’ also began to occur among the Malays and the Indians.
This is not the place to go into complexities of ethnic identity in great detail. Suffice it to say that ethnicity in colonial Malaya became a primary source of group loyalty and consciousness for most non-European peoples and served as a strong catalyst for competition and conflict. As American sociologist Martin N. Marger notes: “In no society do people receive an equal share of the society’s rewards, and in multiethnic societies, ethnicity serves as an extremely critical determinant of who gets ‘what there is to get’ and in what amounts.” [7]       

As the economic depression worsened in Malaya, the British administration realized it had to juggle the economic interests of the respective groups. Exclusive preference to any one group would fuel ethnicity and communalism, but accommodation and integration of everyone would reduce ethnic tensions. But what began to aggravate and worsen ethnic relations in the early 1930s was a series of ‘pro-Malay’ policies, which the British initiated to help Malays cope with the economic depression and to meet the demands of rising Malay nationalism based on treaty obligations.

These policies were not aimed at instigating Chinese hostilities towards Malays as such, or vice versa, but they had this effect. They polarized ethnic identities and intensified ethnic consciousness among the various ethnic communities.

Ethnicity, it has been said, is the mother of nationalism, which is the mother of nationalism which is the desire to build a nation or a ‘nation state’. A nascent Malay nationalism began to emerge before 1941, demanding an exclusive “Malaya for the Malays”.  A multi-ethnic “Malayan” nationalism was absent. What existed in Malaya were rival and different strands of nationalist sentiment in each of the ethnic communities with conflicting interests and different viewpoints that prevented the emergence of a united Malayan nationalist movement.

Curbing Immigration: A ‘Pro-Malay’ and ‘Anti-Chinese’ Policy

Due to large-scale unemployment brought about by the economic depression, the first target of British colonial policies was to repatriate surplus labour, especially those unemployed or displaced Chinese and Indian labourers in the rubber estates and tin mines.

The colonial government refused them unemployment benefits, as it did not accept that it had any responsibilities towards their welfare and regarded the immigration of alien labour as being regulated merely by the economic conditions of the country. The ebb and flow of immigration was tied to the fluctuating world prices of rubber and tin, so it held that alien labour should be prepared to bear the brunt of adverse economic conditions.

While thousands of unemployed or displaced workers accepted offers of free repatriation back to their homelands, thousands more on the estates and tin mines accepted wage cuts and even refused offers of free repatriation as they regarded themselves as permanent settlers in Malaya. Those who accepted repatriation had totally been unable to find employment. Estates and other employers were determined to cut operational costs by displacing workers, or by reducing their wages, although Western enterprises had no hesitation in retaining and maintaining the services of European staff without any pay cuts.

The administration, however, aroused ethnic resentment among the Chinese when it introduced several pieces of legislation towards the control of immigration of aliens which were seen to be discriminatory towards them. The Immigration Restriction Ordinance of 1928 was administered for nearly four years and was then replaced by the Aliens Ordinance on 1 April 1933.

The restriction reduced the quotas drastically of aliens allowed to enter Malaya each month. It applied to all aliens, but since the Chinese were the most affected by this measure, it was represented not only in China but also in Malaya as discrimination against the Chinese race.[8]  In the immigration debates in the federal legislative council, Tan Cheng Lock, a Malayan Chinese leader, said “the Bill is part and parcel of an anti-Chinese policy, probably with a political objective….”[9]

What Tan had referred to was a provision in the ordinance, which allowed for the banishment of any alien who was considered “undesirable already in the country”. This was seen as a warning to all Chinese, including the local-born Chinese or those who were British subjects to toe the line or be deported, despite the administration explaining it was aimed at communist elements in the trade unions, who were spreading “subversive political ideas” and stirring up anti-British agitation.

The British were for the first time distinguishing aliens from ‘Malayans of all races’. But the local-born Chinese felt forced to make common cause with the aliens, and to close ranks, thereby strengthening Chinese ethnic unity. According to one source, in so doing, they “played directly into the hands of the pro-Malay faction among the British officials”.[10]

But this British policy was also meant to appease the demands of Malay nationalism. Malay rulers had earlier voiced opposition to increased immigration of Chinese and Indians, and they greeted the new legislation with satisfaction. In the 1931 census, the number of Chinese alone was reported to have exceeded that of the Malays and that in all except the four northern unfederated Malay states they had come to outnumber the Malay population.

The issues soon developed along the lines of ‘Malaya for the Malays’ and ‘Malaya for the Malayans’, with the Malay press and many pro-Malay British officials advancing the former argument. Local-born Chinese leaders like Tan Cheng Lock appealed for British protection for Chinese and those local-born who were British subjects.

In 1929, the last year of free immigration, the number of adult Chinese male labourers entering the Straits Settlements was 195,613, but in 1930 the number dropped to 151,693 and in 1931 to 49,723. No restriction, however, was placed on the immigration of women and children.

By 1933, however, when the economy started recovering, the administration realized that repatriation and the quota restrictions had created serious labour shortages for the mines and other industries. Trade unions, some under communist influence, took advantage of the labour shortages to demand wage increases and improvement in working and living conditions.

Protecting Malay lands and Malay rubber smallholders

The impact of the economic depression on the Malay peasantry and the rural population generally was less severe than it was on the immigrant labour force which depended on either rubber or tin exports, as most Malays were able to grow food on their lands and feed themselves.

But a sizeable number of Malays who planted rubber suffered badly, as their incomes fell sharply and widespread indebtedness was incurred. Smallholding land, outside and even inside the Malay reservations, was mortgaged and sold on an increasing scale and to an extent that aroused serious anxieties on the part of both the British and Malays. The total debts incurred by Perak smallholders alone to creditors (mainly Chettiars) in 1930 increased by 48 percent over the previous year.

As British Residents and European members in the Federal Council urged the government to protect Malay smallholders, the British administration finally decided to take “drastic action… not only in the interests of the Malay peasant himself, but also for the sake of the political well-being of the country”.[11]

As a result, in 1931, the government enacted in the Federal Council a Small Holders (Restriction of Sale) Bill that prohibited the sale of land in any smallholding without the consent of the ruler. Two years later a new Malay Reservations Bill was introduced to close the loopholes in the 1913 enactment and to “make dealings in land in Malay reservations as unhealthy as possible”.[12] The main concern of the government was to prevent Malay lands from passing into the hands of non-Malays, especially Chinese and Indians.

The amendments made irrecoverable all money paid by non-Malays for dealings in reservation, and it was estimated some $5 million in debts were secured on reservation land.  However, according to one author, the long-term effect of the amendments was to impede Malay economic development by denying them an important source of capital.[13]

On the other hand, the British administration was not averse to putting aside the reservation land policy in favour of British and other Western economic interests. Statistics revealed that the Europeans owned more than 43 per cent of alienated land in the Malay states, the Malays 27 percent and the Chinese and Indians between them only 23 per cent. In the mid-1930s when Western mining companies pressed to be allowed to mine in Malay reserves said to be rich in tin ores, the government gave in despite opposition from the sultans.[14]

Roff, in his study of Malay nationalism, says these measures to protect Malay smallholders led to growing demands among locally-domiciled Chinese for “equal rights and privileges with the Malays, for a greater share in government and administration than they had hitherto enjoyed, and, quite simply for the right to regard Malaya as their home and not simply their halting place”.[15]

Recent British repressive measures such as arrests and banishment against elements of the Communist Party and the Kuomintang (Nationalist Party of China) had worried the domiciled Chinese, who regarded these British actions as ‘anti-Chinese’.

The greatest threat to Britain’s continued presence in Malaya was the rising Malay nationalism during the several decades prior to Merdeka. To neutralize this threat, the British rulers chose to appease Malays with pro-Malay policies that protected the community while at the same time discriminating against Chinese and Indians – a strategy known as ‘divide and rule’.
The British colonial rulers prioritized the maintenance of white prestige and profits but they also sought to accommodate Malay interests in various ways due to their treaty obligations with the sultans.
As for the Chinese and Indian labour force, the British left them to fend for themselves during the severe economic depression. The Colonial Office and owners of capital felt no responsibility towards the welfare of these workers even when they were on the verge of starvation after having lost their jobs.
Instead of relief measures, restrictions were imposed by the British on non-Malay socio-economic mobility and advancement. Among the measures were exclusion from the administrative service and discouragement of agricultural and land settlement. These steps taken by the British rulers displayed “distinct racial overtones because they discriminated against the Chinese and Indians as races”.
Nor did British assistance to Malays go far enough in bringing them into the fold of the modern economy, or involvement in commerce and business.


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The decentralization policy: A ‘pro-Malay’ policy

by Cheah Boon Kheng
The Chinese were further alarmed when alongside this legislation – the Federal Council a Small Holders (Restriction of Sale) Bill in 1931 that prohibited the sale of land in any smallholding without the consent of the ruler – Governor Sir Cecil Clementi announced in the same year a programme of reforms towards the formation of a Malayan union and the decentralization of the Federated Malay States (FMS), which comprised the states of Negri Sembilan, Selangor, Perak and Pahang.
The idea behind these reforms was to loosen the “overcentralization” of authority in the FMS, which was largely in the hands of British officials, so that the FMS states could be put on a similar constitutional basis as the “unfederated” Malay states of Johor, Perlis, Kedah, Kelantan and Trengganu, which enjoyed greater autonomy in administration than the FMS states.

The reforms would involve the transfer of powers and responsibilities such as posts, telegraphs, customs, lands, surveys, agriculture, and education, which were in federal hands, mainly in the hands of the federation’s Chief Secretary, to each of the respective FMS states. This would in turn mean eventually the abolition of the post of the Chief Secretary itself. The reforms, which were announced by Clementi at the durbar of the four FMS Malay rulers in Sri Menanti (Negri Sembilan) on 18th August 1931 were warmly welcomed and endorsed by the Malay rulers themselves.
The debates that ensued highlighted the strong “pro-Malay” and “anti-Chinese” features of the reforms.

They aroused “a resentment the unanimity, bitterness, and intensity of which are unparalleled in Malayan history,” wrote Emerson.1
Opposition to the reforms now came not only from Chinese community leaders but also from the British/European business groups, while British Residents and other officials argued that the reforms were necessary otherwise “the Chinese would cut off the Malays from even the small share in their country which remained to them”. 2
The European unofficial members of the Legislative Council who argued against the reforms stated that the FMS states should not be returned to Malay rule as Malays “were not fitted to receive them, not much interested in getting them, and not able to hold them when they had them”. 3 They wanted the centralized and elaborate European administration to continue; otherwise they feared the reforms would undermine large-scale Western enterprise.

According to Roff, the Chinese representatives in the Federal and Straits Settlements legislatures “attacked the decentralization and pro-Malay policies, pressed for the inclusion of non-Malays in the Malayan Civil Service, and urged more rapid political development in a unified Malaya.”

One of the Legislative Council members, Lim Cheng Yan, of Penang, spoke in terms “scarcely calculated to soothe Malay breasts” by declaring, “Who said this is a Malay country?” 4 The Malay press, while they did not challenge the right of local-born Chinese in the Straits Settlements to become British subjects, strongly opposed the granting of citizenship or other political rights in the peninsular states.

Padi cultivation policy: Further racial polarisation

Two other issues relating to the padi cultivation policy indicated further the political and racial considerations of the British policymakers. Besides creating the problem of unemployment, the depression brought about a severe shortage of food. Food production, especially the supply of rice, was needed to feed the local population, especially the labour force in the mines and estates. Although the administration in 1932 made a concession by issuing more than 50,000 temporary occupation licences for use of lands in the states to Chinese market gardeners to relieve their unemployment, it refused to go further by alienating land for Chinese and Indians to cultivate padi.5 Although the Chinese had earlier shied away from padi cultivation owing to the poor economic returns, the colonial government itself had been reluctant to allow the Chinese to cultivate padi, as they feared the Chinese would intrude into what was seen as a Malay preserve and arouse Malay resentment against the British.
The issue was debated n the Rice Cultivation Committee but the committee decided that “in any policy for the extension of rice cultivation due and full regard should be paid to the requirements, immediate and future of the Malay inhabitants of the Malay States whose interests should be adequately safeguarded by the decisions of the State Council in each state”.6

The Malay leaders had also put pressure on the British not to alienate land to the Chinese for padi cultivation. The Raja Muda of Selangor in a speech in the Selangor State Council said, the Malays were “a padi cultural people who could not do well in business or commerce and that the Malay people, unlike the Chinese, had nowhere else to go.”7

The second issue related to the imposition of duty on imported rice, which was approved by Governor Clementi, an idea that originated from the Sultan of Pahang and was supported by the other Malay rulers. The duty was to be used for financing padi development schemes and it was a means to boost local padi cultivation by making the price of local padi more competitive with imported rice. Even some British Residents and unofficial members of the Federal Council, Chinese and Europeans, spoke against this policy and argued that that the duty would not affect the consumers of local rice and non-rice foodstuffs but only the Chinese and Indian rice consumers. They stressed that it would cause hardship for the non-Malay masses whose standards of living were affected by the economic depression and who were already spending one-third of their income on the purchase of rice.

“What appeared to emphasize the racial overtones implied in the imposition of the duty,” reveals a detailed study of this controversy, “was that the money ‘levied from one section of the community’ was ‘to be expended in assisting another’.8 Despite the strong opposition, Governor Clementi pushed through the policy as he decided not only to accommodate Malay interests, but he was also short of funds to pursue an extensive programme to help Malay padi cultivators.

Conclusion

The depression years marked a bleak period in the country’s economic history and highlighted the hardships that the various communities had to endure, but by 1935 the economic slump had lifted and ethnic tensions gradually diminished. The tensions did not lead to any outbreak of inter-ethnic violence and bloodshed, but they revealed fully how British policies came into play for each of the respective communities.
The British adopted a laissez-faire attitude towards non-Malays as they felt that they had no responsibilities towards their welfare. This very materialistic view was based on the assumption that immigrant labour chose to come into the country of their own free will and should be prepared to look after themselves when economic disaster struck. No unemployment relief or measures were introduced to accommodate the unemployed or displaced immigration workers except to provide them with free repatriation. Some 50,000 Chinese market gardeners were allowed lands with temporary occupation licences to plant food, but for a limited period only. Even in the case of the domiciled Chinese and others who were British subjects, the British attitude was one of indifference.
On the other hand, their ‘pro-Malay’ policies, such as decentralization, Malay lands reservations and padi cultivation, reflected the limited trusteeship roles the British were prepared to discharge towards the Malays. These worked against the best interests of the non-Malays, especially the Chinese, who were now able to see a policy of favoritisms, and the arguments the British used to defend the ‘pro-Malay policies” clearly showed bias and discrimination, causing resentment and hostility to build up.
The demands of a rising Malay nationalism were evident as not only Malay rulers, but also the Malay press and voluntary associations began pressing the British administration to do more to improve the Malays’ welfare and economic position and to grant them greater participation in administration and government.

The Chinese position was particularly acute, as repressive measures had been taken against Chinese communist and nationalist elements, followed by a tightening up of British control, censorship and supervision, resulting in several thousands being banished back to china. These raised the anxieties of domiciled Chinese who wished to escape from this fate.
They and those who were British subjects continued to be alarmed by the implications of the decentralization programme and continued British attacks on Chinese political and economic ambitions from which the British claimed the Malays needed protection. Domiciled Chinese saw the decentralization programme as a further discrimination towards non-Malays especially their exclusion from the administrative services.
In his major study of the colonial economy, Lim argues that the British administration’s economic ‘pro-Malay’ policies – especially on land reservations, padi cultivation and protection of Malay rubber smallholders – did not go far enough to assist the Malays.9 The British attempted to shield the Malays from the dynamic sectors of the modern economy, and did not involve them in commercial and industrial projects or provide them with sufficient capital, loans and assistance, even in the field of rural agriculture.

They segregated the Malays from other communities instead of encouraging their fuller integration into a modern society. Lim concludes, “Furthermore, the colonial government, by its cynical use of Chinese interests to divert attention from its own shortcomings and as a scapegoat to explain the economic impoverishment of the Malays, was guilty of contributing to racial polarization and discord.”10
In a similar vein, Abraham’s The Roots of Race Relations in Malaya views the ‘pro-Malay’ policies of the 1930s as having “distinct racial overtones because they discriminated against the Chinese and Indians as races” and led to group formations along lines of racial identity and racial consciousness between groups. 11

As a contemporary observer, Rupert Emerson was one of the strongest critics of British policies during the economic depression, viewing them as excellent opportunities for the application of the maxim of “divide and rule”.12 He argued that such policies were bound to come into play so long as the British administrators were not prepared to adopt policies of racial integration and political programmes for the subject peoples to move towards self-government.
Given the structure of colonial society being divided between two groups of masters and subject peoples, the exploitative nature of colonial rule, its denial of freedom, and its maintenance of white prestige and profits, it is not surprising that the British administration in Malaya had adopted such lopsided policies during the economic depression which resulted in racial polarisation.

In view of its treaty obligations, which formed the basis of its rule in Malaya, it could not ignore the demands of a rising Malay nationalism, as it feared that Malay opposition would increase further; and consequently, it attempted in a limited way to accommodate some of their demands.

It saw no necessity to balance the social, economic and political interests of the various communities equitably in the interests of all, but instead attempted to pander and appease Malay nationalism, which it considered as the ultimate threat to its continued presence in Malaya. The colonial structure of its government militated against it adopting racial integration and allowing the other races equal rights to participate in administration and government. For them to do otherwise, as Emerson rightly pointed out, would have meant that colonial administrators were working “toward their speedy supercession”.13



* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Who is Raja Petra Kamarudin ....?



by Aizley Shahar


 Who is RPK ?

A son to a Malay royal elite that worked all his life in UK. His father, Raja  Kamarudin Raja Tun Uda is a prince, a nephew of the late Sultan of Selangor.  His grandfather was the first Governor of Penang.   All his family  members are well respected people in the country, from Civil servant to private sectors.  I actually knew his nephew, a roommate of mine during my schooling in the Royal Military College, who is a doctor now, serving in England.  Anyway, Pete's mother is English and he himself married to a Thai Chinese... so, i guess, his son, Raja Azman, although has a royalty name (Raja)... is actually about 25% of Malay in him...as many other royalty in Malaysia.  It is royalties like Pete who gives the Royal family a bad name, and to date, the Present Sultan of Selangor apparently disowned him from the Selangor Royal family line.

To me and probably many other typical Malay in the street, we actually couldn't careless for this character RPK or Pete...and we didn't know of him until he came out in the newspaper on being charge on the Internal Security Acts (ISA).  This is similar to the United States's Homeland Security Act, where the Home Ministry can detained anyone up to 24 months without court order if to their reasoning that the person or organization is detrimental and is a threat to the peaceful society.

RPK however, is quite liked by the non-malays, later on i found out that he was writing seditious accusations of the present government of Malaysia, in everything, don't really know why and don't really care... a gossip monger and a master of make believe conspirator, an anti establishment and is a tool by the opposition party thru his Malaysiakini and also Malaysia Today website.  I guess now that Pete has to keep on writing since that is actually footing his bills of his posh lifestyle....

RPK has flee Malaysia since middle last year and believed to be staying in a posh condo in an elite suburb in London.  He is also believe to be sponsored by a person that was closed  to the previous Govt Prime Minister and his Oxford-Graduate cum Head of UMNO Youth scum Son-in-law.....

From what i gather from his writing, Anwar Ibrahim had promised him that when Anwar becomes the Prime Minister of Malaysia by October 2009, who is actually his senior in Malay College Kuala Kangsar,  promise to pardon Pete and bring him home as a Hero of the People, which we all know  now that is a scam, The only PM that Anwar gonna do in the near future is cleaning the prison toilet...!!  so tough luck Pete !  you are stuck until such time the Pakatan Rakyat takes over Putrajaya... Well, good luck to you.!  I think you better start thinking to use your English Passport and probably plan to die there also because that ain't gonna happen in your life time..!


However, contrast to him being RPK, his second born son, Raja Azman is a petty thief !... can you believe that ?... who got caught trying to steal a motorbike in his hometown, omg, i mean, the amount of money that he can get from stealing the motorbike probably can't even buy daddy and mommy's lunch in London !... while his parents is happily wining and dining, the boy is in Malaysian Jail...
We just got news that the son is so depressed that he tried to commit suicide by slashing his wrist and by swallowing razor blades.... talk about parents ditching their children, RPK gives a whole new meaning to "throwing away offspring !"  Don't be writing to defined that the rest of the world is there to get you...please la Pete, be a man once in your life time... You should have taken Megat Najmuddin's offer...


RPK, my advise to you, stop being a jerky father and come back and take care of your  son before you start saying bad things about other people...Maybe this is Allah is paying you "cash" of all your sins, why don't you come back home and redeemed yourself...




* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Wednesday, February 10, 2010

Fair when it suits them... and not when it doesn't


by Aizley Shahar


I've been close monitoring the court proceeding of the  Perak MB case and also the on going Anwar Ibrahim's sodomy case since lately got some extra time to spare...

I made the conclusion that no matter the verdict is... who ever appose to Pakatan Rakyat is gonna get the bad end of the stick, such a sore losers...it is just because they are just like empty tong drum.... very noisy, but no substance...


Anwar Ibrahim

Anwar got Karpal Singh that will come up with all sorts of reasoning to delay the inevitable, where Anwar will be jail for the 2nd time... not because there is conspiracy against him or anything... it is just that he is a dirty old pedophile that likes good looking boys and young man.  Karpal Singh is another character that i'm amazed, he actually accused Anwar to be GAY in the Parliament in the last Sodomy sequel  (got parliamentary transcript in a few posting before in my blog)  .. and yet here he is defending Anwar... what another clown with a turban... hahaha...

Last time Anwar claimed that Tun Dr Mahathir had conspired against him to get him out from the Govt.  Hey friend, he made you his protege.. until you disappointed him, like a son disappointed a father... Dr Mahathir took you from a student leader until you became the Deputy Prime Minister... all you had to do is be patient and don't fcuk men... but no, you had to have your  ways with your wife's driver Azizan, your script writer Dr Munawer and also your adopted brother, Sukma Dermawan... not sure about the spelling, but you get my drift...

And now, Dr M, happily retired for over 7 years...which is actually proved that the former supremo had nothing to do with the first sequel, Sodomy I, nor he has the power to it now....

Remember when Dr M was not happy with Abdullah Badawi ? why didn't Dr M do the same thing to Abdullah ? or KJ for that matter if Dr M was really the master of conspirator type ? I know for a fact  the old man hated that boy more then he hated you...because... he is not capable of making conspiracy as claimed by convict Anwar...

What Anwar is trying to do is to make as much smoke screen to the real problem... of his man's ass-fu@kin' sickness that has impaired his senses and ability to think rationally and clouded his judgment and should be never allowed in the driver seat running this country.


We all thank to Allah that you didn't became the prime minister because you are a selfish person, only think about yourself and no others... i pity your good wife and your lovely children.... Allah had given you all of this but you still pissed it all the way for what ? KY Jelly and 5 minutes of ecstasy ? poor poor little gay boy Anwar....


Pakatan Rakyat

PR one thing, if they loose, they claimed the court been rigged, or the judges been "taken" care of by the UMNO hooligans ... with their tax payer money.. (hello, we pay taxes too !!)

but i haven't imagine if they had won... omg, they will rub it in the peoples face until cow head come back home !  what a bunch of oxy moron !!  thank god they have not won anything yet... with the rate they are going, the PR will break before the next GE....


so, the moral of the story is, never give face and go ahead and crush them...


I have chatted with Saiful Bukhari guy... he seem ok to me.. i mean, to me, he got disillusion by DSAI because he idolize the former Deputy Premier... I mean, who wouldn't ?  this guy can really talk and arouse spirit of his audiences, saw a few of his speeches when he was still in UMNO and also after he left and formed PKR, his is top notch and for people who is not used to his speeches can be easily suck in and be decieve ... but now, i guess we all have woken up and no more lies Anwar...


and i will quote Anwar from one of his fairy tales speeches...

"You can lie to some Malaysian all the time and you can also lie to all Malaysian some of the time but Anwar, you can never lie to all Malaysian all the time !!"


with that... Godspeed Saiful... may Allah give you the strength to fight and let the truth prevail... Insyallah...



* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Nizar Perak: Hasrat Paria Komunis Tak Tercapai, RAJA BERPELEMBAGAAN Pula Dipertikaikan






by pisau.net


Terlebih dahulu Pisau ucapkan tahniah kepada Dr Zambry atas keputusan makhamah yang jelas memberikan keputusan yang tepat .

Apabila selesainya keputusan makhamah diumumkan,Nizar Komunis yang kita tahu seorang penderhaka pasti akan mengeluarkan kenyataan yang kurang ajar dan langsung tidak menghormati makhamah dan Sultan Perak.

Nizar berasakan beliau dan kuncu kuncu komunisnya saja yang betul,mereka terlebih dahulu mengwarwarkan kepada penyokong penyokong mereka akan beroleh kemenangan 4-1.Malah sejak dari awal awal lagi Nizar Komunis turut mengugut jika kerajaan Perak tidak jatuh ketangan pakatan haprak,Sultan akan ditentang oleh rakyat. Hoi bahlul,rakyat mana yang nak tentang Sultan Perak?apa yang Pisau nampak hanya Nizar dan balaci komunis Siva,Ngeh & Nga saja yang sanggup menderhaka kepada sultan.

Nizar dengan gaya kurang ajar persis komunis dengan angkuh menyatakan kononnya sudah tiada demokrasi, keadilan hanya terbukti jika menyebelahi mereka,malah cara beliau mengeluarkan kenyataan jelas mereka ini lebih rela tidak bersultan,bangsat seperti Nizar harus diajar,cuba anda perhatikan dalam situasi ini,dimana chauvanist gampang DAP? mereka langsung tidak bersuara,mereka hanya menghantar seekor lembu berupa Nizar Komunis untuk menjalankan tugas untuk menghasut dan menderhaka kepada Sultan Perak.

Kenyataan bangsat Nizar jelas menghina raja berpelembagaan
"Maknanya kita tak perlu adakan pilihan raya, tak perlu ada Parlimen oleh kerana monarki boleh menetapkan siapa menjadi pemimpin sesebuah negari ataupun negara," katanya pada sidang media sejurus selepas keputusan berkenaan diisytiharkan di sini hari ini.


Dahulunya DAP turut sama menghantar lembu lembu PAS untuk baring diatas jalan,kemudian DAP turut mengunakan bapak lembu iaitu Nizar komunis untuk menghuru-harakan negeri Perak.Persis bangsat, inilah dia manusia yang terlalu laparkan kuasa,hingga sanggup dijadikan habuan tunggangan oleh chauvanist sosialis DAP.

Suara suara kearah menolak sistem beraja jelas dilaungkan oleh aparat aparat celaka ini,sudah terang lagi bersuluh,selingkohan haram PAS dan DAP menghasilkan benih benih sosialis dan komunis yang bersarang didalam hati juak juak haprak PAS.

Cina komunis DAP cukup mahir dalam memainkan peranan,ada anda dengar kenyataan mana mana pemimpin DAP Perak mempertikaikan Sultan? Ada mereka sanggup berdemo didepan Istana?Adakah mereka turut sama tidor atas jalan sepertimana lembu PAS? Satu pun tidak, Paria seperti Nizar lah yang digunakan oleh DAP bagaikan diremote control untuk melakukan kerja kerja ini,hanya melayu digunakkan untuk menderhaka kepada raja melayu,hanya melayu yang digunakan untuk mempertikaikan sistem raja melayu berpelembagaan,begitulah bijaknya DAP mempergunakan paria seperti Nizar dan PAS Perak yang sedia bodoh lagi bangsat.



Pisau kata " Nizar Komunis makin mengila dan meroyan bagaikan lembu hilang anak .Cakap dah mula pakai kepala lutut"


* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Anwar — Victim of overzealous prosecution


by Hanipa Maidin

FEB 9 — I have been practising as a criminal lawyer for almost 16 years. I have considerable experience defending accused persons who were being charged for sexual related crimes. My experience tells me that the prosecution will never charge a person for an offence of rape or sodomy if the medical evidence is not favourable to them. It is almost an accepted rule of practice or a legal norm, as far as the offence of rape or sodomy is concerned, medical evidence operates as oxygen to the prosecution.
It seems to me that such a practice is no longer adhered to in the current ongoing trial of Anwar Ibrahim. When the accused person is Anwar Ibrahim the rule of game is suddenly and drastically changed. When Anwar is charged the prosecution no longer seems to gauge the strengths of its case on the available evidence they have. When Anwar Ibrahim is tried the prosecution will, come what may, happily proceed with the trial regardless whether it has fragile evidence or no evidence at all against him !!
The only crime Anwar committed in this case is for having the name, Anwar Ibrahim.
I believe that if another person by the name of Ibrahim Anwar or any other Ibrahims allegedly sodomised Saiful the prosecution would not charge such a person when provided with the medical report prepared by doctors in Pusat Rawatan Islam ( Pusrawi ) and Kuala Lumpur General Hospital respectively.
Both reports, as I was told by lawyers in Anwar’s legal team, contain a very damning evidence against the prosecution in that they unequivocally state that there are no visible signs of penetration of Saiful’s anus. As far as the report of the Kuala Lumpur General Hospital is concerned, it was duly signed by three doctors. So what the prosecution have in their possession are the reports certified by four doctors ( one from Pusrawi and three from KLGH ) apparently dismissing the prosecution’s theory that Saiful was ever sodomised by Anwar.
People may ask why the AG, despite such a damning evidence against the prosecution, is still adamant, and not withdraw the charge against Anwar?The reason is pretty obvious, that is the accused person is Anwar Ibrahim. When Anwar Ibrahim is tried the prosecution will not care even with the existence of a hundred medical reports exonerating Anwar Ibrahim of any sexual offence.
To the layman, this question may crop in their mind. Is the medical evidence really significant in Anwar’s trial ? The answer to that is a resounding yes. As I have indicated earlier the medical evidence is oxygen to the prosecution’s case. The prosecution case dies the moment oxygen disappears or malfunctions.
It is a rule of prudence, as the lawyers call it, in any sexual related crimes, the evidence of the complainant per se is legally insufficient . Such evidence must be corroborated by other independent evidence.
Translated into Anwar’s trial, Saiful’s evidence alone is not sufficient to convict Anwar. His evidence must be corroborated. Of course a corroboration is not needed for all crimes. But in sexual offences, corroboration is highly significant in order to support the factum ( act ) of the alleged sodomy.
Why corroborative evidence is necessary in sexual related cases ? The legal practitioners say such evidence is needed because of the nature of such offences. In any rape or sodomy case it is relatively easy to allege that a crime has been committed by such and such person but it is on the other hand difficult for any person who is being charged to such offences to disprove such an allegation.
We can see clearly even before the court passes any verdict on Anwar, judging from the media coverage which appeared in Utusan and other BN’s controlled media, Anwar is as good as being found “guilty” by these so called juries. The media coverage was so vicious that one wonders whether Anwar’s, or for that matter, his family’s dignity brings any value to this irresponsible media.
The law says if you accuse somebody of committing a sodomy against you the law requires you to furnish corroborative evidence to support your allegation. That is why even in Islamic criminal law if a person is charged for sodomy, the prosecution must bring four witnesses who really see the actual penetration. That shows Islam also takes into account corroborative evidence.
And in Islam the standard of proof in sodomy case is very high indeed that is the prosecution must prove its case beyond any shadow of doubt, and the present standard of proof in civil law which is only beyond reasonable doubt. Thus in Islam any iota of doubt must be ruled in favour of the accused based on the maxim that “ the offence of hudud is withdrawn whenever iota of doubt is present ” . Islam holds the view that it is much wiser for a judge to err in acquitting 10 guilty persons rather than to err in convicting even one innocent person !!
In sodomy , like a crime of rape, the essential element which needs to be proven by the prosecution is the act of penetration itself. In Islamic law the same element also needs to be established by the prosecution in certainty.
Now how is the prosecution able to prove the element of penetration if they do not produce the medical reports/evidence? And how are the medical reports in Anwar’s trial useful to prosecution if they clearly say no visible signs of penetration to Saiful’s anus. The medical evidence is supposed to corroborate Saiful’s evidence but apparently in this case the same medical reports in fact exonerate Anwar Ibrahim. The rule is so simple : no penetration no prosecution. But the AG seems to hold the view that yes, no penetration but mind you we still have persecution to do!!
It is beyond question if Anwar is tried under the Islamic law, the charge, as it is presently framed against him, will never see the light of the day. Seeing the oral testimony of Saiful so far one cannot avoid to jump to the conclusion that it was a groundless or trumped up charge.
The AG should exhibit a high level of professionalism and integrity in the Anwar’s case. Intellectual honesty dictates that the prosecution should withdraw the charge against Anwar Ibrahim. Period. To prosecute a person in the absence of credible evidence is definitely tantamount to a prosecutorial misconduct and wastage of public funds.
The day that AG becomes the tool of the crooked politicians should have passed after the election tsunami in 2008.




* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

Arifin: Nizar bebas kemuka undi tak percaya terhadap Zambry


TERKINI
PUTRAJAYA, Feb 9 — Barisan Nasional (BN) akan terus mentadbir Perak berikutan keputusan Mahkamah Persekutuan di sini hari ini yang mengisytiharkan Datuk Seri Dr Zambry Abdul Kadir sebagai menteri besar yang sah.
Dalam penghakimannya, panel lima hakim yang diketuai Presiden Mahkamah Rayuan Tan Sri Alauddin Mohd Sheriff, memutuskan bahawa Sultan Azlan Shah telah melaksanakan hak diraja baginda dengan menitahkan Zambry mengangkat sumpah sebagai menteri besar setelah baginda mendapat kepastian bahawa penentang Zambry, Datuk Seri Mohammad Nizar Jamaluddin daripada Pakatan Rakyat, telah hilang kepercayaan majoriti anggota dewan undangan negeri.
Hakim Besar Malaya Tan Sri Arifin Zakaria, yang menyampaikan keputusan sebulat suara itu, berkata tidak terdapat sebarang peruntukan dalam Perkara 16 (6) Undang-undang Tubuh Negeri Perak yang mensyaratkan bahawa undi tidak percaya terhadap menteri besar Perak hanya boleh dibuat melalui pengundian dalam dewan undangan negeri.
“Bukti tentang kehilangan kepercayaan terhadap menteri besar boleh diambil daripada sumber lain yang ada. Kami berpendapat, sumber ini, termasuk pengakuan menteri besar itu sendiri dan/atau representasi yang dibuat anggota dewan undangan negeri bahawa menteri besar berkenaan tidak lagi mendapat sokongan majoriti anggota dewan,” kata beliau.
Penghakiman bertulis dikeluarkan beberapa jam selepas keputusan diumumkan beliau.
Arifin berkata dalam kes kini, Mahkamah Rayuan berpendapat terdapat bukti tentang pengakuan itu oleh Nizar sendiri dan satu perkara yang tidak boleh dipertikaikan ialah sokongan yang dipamerkan oleh 31 anggota dewan undangan negeri kepada BN, yang memberi majoriti jelas kepada parti gabungan itu di dalam dewan.
“Semua ini dengan jelas menunjukkan bahawa majoriti anggota dewan undangan negeri telah hilang kepercayaan terhadap kepimpinan Mohammad Nizar sebagai menteri besar,” katanya.
Dalam penghakiman setebal 41 muka surat itu, Arifin berkata, oleh yang demikian, adalah wajib bagi Nizar mengemukakan surat pengunduran diri daripada dewan eksekutif, sebaik saja mereka hilang kepercayaan daripada dewan.
“Nizar tidak boleh terus mentadbir setelah hilang sokongan majoriti dan membenarkan beliau berbuat demikian adalah bercanggah dengan prinsip asas demokrasi,” kata beliau.
Bagaimanapun, beliau berkata ini bukanlah penghujung jalan bagi perkara berkenaan kerana Nizar bebas mengemukakan usul undi tidak percaya terhadap Zambry di dalam dewan undangan negeri atau mengemukakan representasi kepada Sultan Azlan Shah pada bila-bila masa sekiranya beliau berpendapat Zambry tidak mendapat sokongan daripada majoriti anggota dewan undangan negeri.
Beliau juga berkata keengganan Mohammad Nizar untuk berundur setelah dititahkan berbuat demikian oleh sultan, dengan jelas melanggar peruntukan Perkara 16 (6) Undang-undang Tubuh Negeri Perak.
Tiga hakim lain ialah hakim-hakim mahkamah Persekutuan Datuk Zulkefli Ahmad Makinu¬din, Datuk Wira Ghazali Mohd Yusoff dan Datuk Abdull Hamid Embong.
Ketika membuat tafsiran tentang Perkara 16 (6), Arifin berkata: “Bukanlah menjadi hasrat penggubal Undang-undang Tubuh Negeri Perak bahawa, dalam keadaan demikian, terserahlah kepada perayu (Nizar) sama ada hendak melepaskan jawatan atau untuk terus menjadi menteri besar.
Perkara 16 (6) menyebut: “Sekiranya menteri besar tidak lagi mendapat kepercayaan daripada majoriti anggota dewan undangan negeri, maka, melainkan atas permintaannya, Duli Yang Maha Mulia Sultan membubarkan dewan undangan negeri, maka beliau perlu mengemukakan peletakan jawatan keseluruhan anggota majlis eksekutif”.
Arifin berkata perkataan “shall” (dalam Perkara 16 (6)) perlu dilihat sebagai sesuatu yang perlu dilakukan secara mandatori kerana jika tidak, ia akan membawa kepada keadaan politik yang tidak menentu di negeri berkenaan.
Konflik siapakah menteri besar Perak yang sah timbul tahun lepas apabila tiga anggota dewan undangan negeri daripada perikatan DAP-PKR-PAS meninggalkan parti masing-masing untuk menjadi anggota Bebas yang menyokong BN, manakala seorang lagi keluar semula daripada PKR untuk menyertai Umno, lalu menyebabkan BN dan Pembangkang masing-masing mempunyai 28 anggota dalam dewan yang mempunyai 59 kerusi itu.
Mereka ialah Jamaluddin Mohd Radzi (Behrang) dan Mohd Osman Mohd Jailu (Changkat Jering), yang meninggalkan PKR pada 30 Jan dan mengisytiharkan diri sebagai anggota Bebas yang menyokong BN. Anggota dewan undangan negeri daripada DAP Hee Yit Foong (Jelapang) mengikut langkah mereka empat hari kemudian.
Nizar, Ahli Dewan Undangan Negeri Pasir Panjang, dilantik sebagai menteri besar apabila perikatan DAP-PKR-PAS memenangi 31 kerusi pada pilihan raya umum ke-12 pada 8 Mac 2008.
Bagaimanapun, kerajaan pakatan itu tumbang pada 2 Feb tahun lepas apabila Sultan Azlan Shah menitahkan Nizar supaya berundur setelah baginda mendapat kepastian bahawa BN mempunyai majoriti di dewan undangan negeri itu selepas menemuramah 31 anggota dewan berkenaan.
Sultan Azlan kemudian melantik Zambry, 47, anggota Dewan Undangan Negeri Pangkor, sebagai menteri besar baru bagi menggantikan Nizar.
Nizar memulakan prosiding undang-undang pada 13 Feb tahun lepas bagi mendapatkan perisytiharan bahawa beliau adalah menteri besar Perak yang sah dan satu perintah mahkamah bagi menghalang Zambry daripada melaksanakan tugas sebagai menteri besar.
Nizar kembali menjadi menteri besar selepas beliau memenangi kes itu di Mahkamah Tinggi tahun lepas, yang  memutuskan bahawa BN telah gagal mengemukakan undi tidak percaya terhadap beliau di dewan undangan negeri, walaupun parti gabungan itu mempunyai jumlah anggota majoriti.
Bagaimanapun, keadaan kembali kepada status quo apabila Mahkamah Rayuan mengubah keputusan itu pada 12 Mei dan mengisytiharkan pelantikan Zambry sebagi menteri besar Perak dibuat mengikut perlembagaan.
Dalam penghakiman hari ini, Arifin berkata Mahkamah Rayuan bertindak betul apabila memutuskan bahawa permohonan Nizar untuk membubarkan dewan undangan negeri itu dibuat mengikut Perkara 16 (6) atas alasan beliau telah hilang kepercayaan daripada majoriti anggota dewan dan bukan mengikut Perkara 32 (2),seperti yang didakwa oleh Nizar bagi mengelak kemungkinan timbulnya keadaan buntu di dewan berkenaan.
“Dalam kes ini, hakim perbicaraan gagal menilai secara betul bukti yang ada di hadapan beliau. Kegagalan ini mewajarkan campur tangan rayuan, seperti yang dibuat dengan sewajarnya oleh Mahkamah Rayuan dalam kes ini,” kata Arifin.
Arifin berkata keputusan sama ada dewan undangan negeri patut dibubarkan atau sebaliknya, secara mutlak terletak atas budi bicara sultan dan baginda tidak bertindak atas nasihat majlis eksekutif mengenai pembubarannya.
Zambry tidak hadir di mahkamah hari ini.
Bagaimanapun, setelah penghakiman itu diumumkan, dalam komennya, peguam yang mewakili beliau Datuk Cecil Abraham, berkata penghakiman hari ini terpakai bagi kerajaan persekutuan dan kerajaan negeri lain.
Sementara itu, Peguam Negara Tan Sri Abdul Gani Patail berkata penghakiman itu amat jelas dan dibuat berdasarkan alasan kukuh.
Pengumuman penghakiman yang bermula pada pukul 10.10 itu mengambil masa kira-kira sejam untuk selesai disampaikan.
Zambry diwakili peguam Abraham dan Sunil Abraham, manakala sekumpulan 11 peguam, yang diketuai Sulaiman Abdullah, mewakili Nizar.
Pencelah diwakili timbalan pendakwa raya Tun Abdul Majid Tun Hamzah dan peguam kanan persekutuan Datuk Kamaludin Md. Said, Datin Azizah Nawawi, Amarjeet Singh, Suzana Atan dan Andi Razali Jaya A. Dadi.
Cheng Poh Heng bertindak sebagai peguam pemerhati bagi pihak Persatuan Peguam Malaysia, manakala sekumpulan peguam yang diketuai Datuk Hafarizam Harun, bertindak sebagai peguam pemerhati bagi pihak BN.

* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.

DEFENCE SECRET LEAK – WHERE LIES OUR FAILURES?

by Brig Gen (Rtd) Dato' Muhammad Arshad Raji

'Defence secret leaked' – reads the The Star online Friday 5, 2009. It surprises many, especially those from the defence and security fraternity. A colleague of mine who had served many years and in various capacities in the Defence Intelligence organisation, Ministry of Defence called me frantically to ask me if I knew anything concerning the report. I replied that I do not know much, other than what was reported in the media. He voiced his disappointment at what he claims as a serious breach of security, and he believes that the person(s) involved may have acted out of greed for money.

The above revelation comes at a time when the nation, and the Defence Ministry in particular is facing public outrage over the loss of two RMAF jet fighter engines, caused by what seemed a serious lapse in base security, and where unbelievably, only one RMAF personnel and a civilian businessman is reportedly involved. Strange though it seemed; but government investigations concluded that only two people were involved.

And recently in the USA, Dong Chung, a neutralised US citizen of Chinese origin; formerly a Boeing engineer who was found guilty in July 2009 of passing space shuttle secrets to the PRC was sentenced to a 15 year jail term by the Californian court for an offence under a 1996 espionage law. Dong Chung is the first person to be convicted under that law.

I do not know what is the nature and gravity of the defence secret leak that the Defence Ministry is referring to, but by using the term 'defence secret', I presume it is serious enough to hurt and breach our national defence and security plan(s). And if my aforesaid presumption is true, our defence intelligence fraternity should not have acted in isolation (hopefully not); rather they should have sought the co-operation of the police Special Branch (SB) and the Criminal Investigation Division (CID), before a formal announcement (with explicit details) is made by the Defence Ministry, or by any other related government official. I believe an announcement can only be made upon the completion of an exhaustive investigation carried out by our investigating agencies, and not before. To say that the matter is still under investigation smacks of the lack of professionalism in dealing with such extreme defence and security issues; what more if it is related to a breach in defence secrets as reported.

The term 'defence secret' connotes a highly sensitive issue that is of national interest, and for those involved in breaching national defence and security secrets are deemed to have committed a grievous crime. And since little is known about the nature of the defence secret leak, it would be rather difficult for anyone to speculate the nature of punishment to be meted upon the perpetrators; but a warning is certainly inappropriate to the nature of the crime, if indeed it involves the giving out of a defence secret to an unauthorised person.

Taking the case of Dong Chung above, a 15 year long prison sentence is a severe punishment, and it can serve as an example for the case facing the Defence Ministry today. Catching the culprit(s) and punishing them to a jail sentence does not really end the matter. In fact, it is just the beginning, in the search to find the root cause of the leak and to seek ways on how to manage and enforce greater security against another attempt at breaching defence and security secrets.

This incident may not be the last since trying to obtain the host country's defence secrets by foreign Defence Attache in the country is part of their responsibility. This is common knowledge, and I suppose our Defence Attache serving overseas does likewise.

The other concern that many members of the Armed Forces does not realised (some deliberately) is the way many foreign defence agents work with our military officers to obtain defence secrets. When dealing with foreign defence agents (some have reaped huge profits), our military officers will inadvertently trade defence secrets with them over a game of golf followed by a sumptuous dinner (fine cigars included). And the trading gets even more boisterous if the military officers are offered an all expense paid trips to visit defence factories overseas; with some even getting a Rolls Royce to await them at the airports. And don't these officers know that receiving preferred treatment by foreign defence agents is a form of corruption – a subtle one though?

If the government and the Defence Ministry is serious in curbing the outflow of defence secrets in the future, its has to have very strict ruling and procedures governing any interaction by members of the Armed Forces with foreign military forces(especially among the officers corps), as well as their relationship with foreign defence agents that are sometimes treated like VIP's by Defence Ministry officials (military and civilians alike).


* This article is the personal opinion of the writer or publication. The blog owner does not endorse the view unless specified.
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