Damian's Ceramah

Blogees, Please note that I will be having two ceramah for DUN Duyong.

1st March 2008 - Sri Duyong
2nd March 2008 - Desa Duyong

Just follow where the loud speakers... ain't not sure the address...

Nevertheless I will be in either Pay Fong, Heng Ann or DAP office....

See you guys.

Damian

Sorry Kawan-kawan

To all my friends and blogees,

I must first apologised to everybody as I have no time to blog due to the election campaign. Getting up every morning is a challenging thing to do. But I must say the late nights are equally challenging as well. I am loosing my voice in no time soon. Be that as it may, I hope to blog again after the election.

Sincerely yours,

Damian the Baba Yeo

Untuk Melaka

Saya menawar diri saya sebagai calon Pembangkang DAP dalam kawasan DUN Duyong adalah kerana cintai Melaka dan Malaysia. Saya menawarkan diri saya sendiri bukan kerana hendak elaun RM5000 tiap-tiap bulan sebagai wakil rakyat tetapi untuk menegakkan keadilan, menjaga hak rakyat dari ditindas oleh pihak Pemerintah kerajaan Barisan Nasional dan juga supaya masa depan dilindungi.

Ketua Menteri Melaka, Datuk Seri Ali Rustam menyatakan dengan angkuh untuk menhapuskan parti-parti pembangkang dengan motto "Pembangkang Sifar" adalah satu tema yang tidak tepat dan amat merungsingkan. Sekiranya tiada parti pembangkang dalam Dewan Undangan Negeri maka zalimlah kerajaan Barisan Nasional.

Amalan rasuah yang berleluasa. Projek-projek untuk kebaikan rakyat ditelan sehingga berjuta-juta ringgit oleh kroni yang berdekatan dengan UMNO atau MCA. Umpamanya projek Melaka Sentral, Gerbang Air Keroh, tandas di Air Keroh tol, Water fall di hadapan jalan hendak pergi ke Ayer Keroh, Hang Tuah Walk yang menelan berjuta-juta ringgit dan diberikan kepada kroni-kroni UMNO. Kalaulah baik sekiranya wang-wang yang berjuta-juta diberikan diberikan dan diaggihkan kepada kampung-kampung dan di taman-taman. Longkang dan lampu boleh dibaiki. Banjir dapat dielakkan. Jambatan kayu ditarkan atau dibaiki. Masjid, surau dan sekolah agama dibaiki, kuil-kuil Cina dan Hindu diperuntukkan dan juga gereja. Kesemua ini adalah kebaikan rakyat.

Sekiranya amalan rasuah tidak ditentangi, keyakinan pelabur-pelabur dari negara asing tidak akan melabur di Melaka. Ini akan menjejaskan ekonomi negeri dan menjadikan rakyat secara keseluruhan menderita. Ianya juga akan memberi satu keadaan di mana kes jenayah akan bertambah.

Sekiranya saya dilantik menjadi wakil rakyat, saya percaya saya akan dengan sedaya upaya melawan untuk menegakkan keadilan dan kebenaran. Sebagai peguam saya percaya saya mendapat meneliti undang-undang dan polisi-polisi kerajaan negeri supaya ianya dijalankan dengan lancar, teratur dan saksama.

Why is this HAPPENING AGAIN?

We finished our pre ceramah at about 11.30pm at the DAP's Dewan Rakyat. Goh Leong San (DAP Chairman), Koh Sze Choon (former candidate of Klebang and YBB - Yang Bakal Berhormat) and I were at the lounge of DAP office relaxing and joking away.

Gandhi

Suddenly, we were interrupted by Gandhi (Taman Merdeka Branch member) together with about 4 Indian friends who complained to us that their tents were burned down by some jokers at about that time. The place was located in Cheng, Melaka some 15km away from DAP office in Taman Pandan. The tents were erected on the side of the road for preparation of the annual Hindu festival. It will be used to shade devotees and at the same time for food preparation.

DAP leaders with our Indian friends

Personally I was utterly shock by such irresponsible act of uncivilised group of people. Such act should not be condoned as heroic. I must say that the police must act fast before it turn to be unruly as Malaysia cannot afford to have a racial clash.

I NOW call upon the police to act swiftly and investigate this notorious act of contempt. It must be done without any fear and favour by the police and also to make the necessary arrest of those that are involved with such despicable act of terror.

Such act is nothing short of a work of terror intending to incite hatred amongst Malaysian.

Enough is enough, let us cry for CHANGE.

Dare to Change

Just Change It

I had a wonderful time with my Saudara and Saudari from DAP campaigning for each other. We believe that there will be great things happening in this coming week. I'm looking forward for the real campaign where we hope to go into places which we never stepped into. Such as the UMNO hard land which some locals will declare that it is a place of "Kubu UMNO, kubur DAP". I got the strong feeling that it will be the other way around.

Many spoke about the MCA banner that reads "Good, can be Better" tag line. Maybe I should ask them, Is pig slaughtering, good or can it be better meaning a total wipe out. Less Chinese schools GOOD, hmmm or can it be better meaning to say, wipe it all out. Or what about the demolition of temples? Good? Or should it be BETTER?

Is our economy good? Prices of essential are going up, so is this GOOD, well MCA feels that it should be BETTER UP.

Let us say ENOUGH IS ENOUGH with such bulls*it and stupid promises by MCA. I am just so fed up with all the lies created by UMNO-MCA-MIC-GERAKAN. Let us have a change for a better Malaysia.

Dare to Change * Just Change It

Rasuah Sayang...

Mari kita menyanyi lagu Rasuah Sayang eh
(petik dari blog Kit Siang)

Rasuah sayang eh
Rasuah Sayang Sayang eh,
He lihat Pak Lah tidur
Rasa sayang sayang eh,

Budak mongolia di luar pagar,
Ambil C4 tolong bombkan,
Saya budak baru nak mengajar,
Kalau salah you duduk diam - diam.

Rasuah sayang eh
Rasuah sayang sayang eh
Eh lihat Zam bodoh rasa sayang sayang eh

Zainuddin kita nak marah al - jazeera,
tapi sendiri tak berpengetahuan,
Mungkinkah belajar dari [deleted]*,
Kerana jawapannya macam ketam.

Rasuah sayang
Eh rasuah sayang sayang Eh
Eh lihat parliment rasa sayang sayang eh

Parliment kita macam zoo negara,
Penuh dengan banyak binatang,
Ada beruk, monyet dan kera,
Kalau pergi sana bawalah kacang,

Rasuah Sayang
Eh rasuah sayang sayang eh
Eh lihat rempit jauh rasa sayang sayang eh

Khari kata rempit sangat terer,
Mereka ialah mat cemerlang,
Otaknya sekarang entah mana,
Mungkin nak jadi rempit di longkang.

Rasuah sayang eh rasuah sayang sayang eh
Eh lihat bola kita jauh rasa sayang sayang eh

Dulu kita main bola peringkat antarabangsa,
Sekarang main macam ketam,
Kalah 5 - 1 kepada Cina,
Semalam pula kalah kepada vietnam.

Rasuah Sayang Eh
Rasuah Sayang Sayang Eh
Eh lihat Indonesia jauh rasa sayang sayang eh

Rasa sayang milik indonesia
Malaysia kata mereka punya
Otak engkau lagu ini milik kita
Kita punya Rasuah sayang sebenarnya

Rasuah sayang eh
rasuah sayang sayang eh
Eh lihat polis jauh rasa sayang sayang eh

Bila nak tiba hari raya
Polis kita merata rata
Muka mereka semacam saja
Bagi IC dan ringgit Malaysia

Rasuah sayang eh
rasuah sayang sayang eh
Eh lihat Pak Lah tidur rasa sayang sayang eh

Air di Johor melimpah limpah
Pak lah beli rumah di Australia
Bila Mahathir kita marah
Dia kata rumah itu orang lain pula.

Rasuah sayang
Eh rasuah sayang sayang eh
Eh Malaysia hancur rasa sayang sayang eh.

* As there is complaint that this reference is offensive.

Is this for REAL?

Taken excerpts from Malaysiakini regarding the VK Lingam's saga. It states, " In her statutory declaration, GN Jayanthi, 45, said she had stayed until 3am in Lingam’s office to draft a judgment which eventually became the landmark decision read by High Court judge Mokhtar Sidin in the Vincent Tan vs MGG Pillai defamation suit. This, she said, occurred between November and early December 1994..."

Wooooooo, is this for real? Looks like it.

We have heard some of these nonsense in law school and court canteen and more often than not, we dismiss it as ONLY A RUMOUR. Like what I posted last time, rumours in Malaysia are usually true. Lawyers writing judgement for judges. So what if a lawyer writes a judgement? Worst still if the judgement concerned affects the litigation where the lawyer himself is involved.

This is so bias. This is so dangerous. If the fact that it is true, then our friend MUST be struck off from the roll as an Advocate & Solicitor for causing the profession to be disrepute. Not only the profession but also the dignity and the integrity of the judiciary.

I think there should be a call for the Royal Commission terms of reference be made wide enough to cover judicial corruption and the independence of the judiciary as an institution within the organs of government in a strict constitutional sense.

Money Politics? Who?

Press Statement By Lim Guan Eng In Petaling Jaya On 11.2.2008:

The Prime Minister Should Lodge A Corruption Report Against Those Who Offered Him Money As Failure To Do So Is An Offence Under Section 17 Of The 1997 Anti-Corruption Act

DAP urges Prime Minister Datuk Seri Abdullah Ahmad Badawi to lodge a corruption report against those who offered him money as failure to do so is an offence under section 17 of the 1997 Anti-Corruption Act. Abdullah was reported by the New Straits Times on 9.2.2008 whilst attending the Penang Chinese Town Hall’s Chinese New Year open house that,

“I have not benefited one sen from anyone for what I have done. Some people want to give me money but I don’t need it. The government takes good care of its prime minister.”

DAP is shocked that “some people” dares to offer to give money to the top leader of our country. Wanting to give money to the Prime Minister is no different from corruption. Is corruption so endemic that those who subvert integrity are so bold as to attempt to bribe the Prime Minister? No wonder Malaysia has slipped under the Transparency International Corruption Perception Index (CPI) from No. 37 when he took over as Prime Minister in 2003 to No. 43 last year.

DAP is extremely disappointed that Abdullah did not take any action against those who attempted to bribe him. Under Section 17 of the Anti-Corruption Act he has a statutory duty as a public officer to report bribery transactions.

17(1) Any officer of a public body to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the Agency or police officer.

17(2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

These are severe penalties for failure to comply with the law in reporting bribery transactions. But many do not bother to do so. By failing to file reports with the ACA, Abdullah is not only failing to uphold the law he is also indirectly encouraging corrupt practices by failing to check the actions and act against the corrupt.

DAP urges the Prime Minister to reaffirm his commitment towards establishing integrity and battling corruption everywhere and anywhere. By complying with Section 17 of the Act, Abdullah would encourage many other public officers who have been offered money to follow suit. Only by taking the lead in reporting such attempts to give him money and arresting the culprits, can we effectively combat corruption from the highest levels.

Pak Lah's favourite number

13. Everybody seems to dislike or hate this number except for Pak Lah. His Proton Chancellor registration number bears the number 13. And more recently the number has been officially declared to be his favourite number as stated in some newspaper article. This is what he has to say “Yes, I like the number 13. It’s because nobody wants it. Those who are superstitious may say habislah if they got number 13".

NOBODY WANTS IT... so he said. As such putting a claim on the number as his. Making political pundits putting their guessing game and betting that February 13, the date of dissolution of Parliament paving the way of the 12th general elections.

Well I'm crossing my fingers. Just want to see whether it's acah acah aje....

Dare to Change

My first political ceramah in a DAP get together organise by the Taman Melaka Raya branch. I spoke about the current crime rate in Malacca as well as to take heed the advise of Tun Dr Mahatir to vote candidates who are clean and straight. And suggest that the people should vote them even though they are from the Opposition.

I hope to polish my attack and arguments. And to brush up my Mandarin.At the same time to strategise the attack against the BN election machineries in Malacca.

Something is MISSING

On the left is Ali Rustam whom I always called him Ali Gostan for having policies that are simply backwards and bad for Malacca with a lot of unnecessary spending and on my right is first term MCA state assemblyman for Kesidang, YB Datuk Koh Nai Kwang who holds position of an EXCO after the demised of Datuk Poh Ah Tiam last year. Both wishes "Happy Chinese New Year". Fishing votes? Yes. Following MBMB's procedure? No.

So, what is missing? You can't find a license sticker by the City Council at anywhere pasted at the banner. Clearly went against the law. Or I would call it a blatant act of disregarding basic laws of our land. Maybe they feel that they are above the law. Laws are not for BN but the rakyat alone.

DAP Video Promo. Do watch and circulate it.

Khairy in REMBAU?

During Tun Mahatir's premiership for the past 22 years, none of his sons and daughters or in laws were candidates during the general election be it Parliament or State Assembly. The closest I guess was running in political position within the hierarchy of UMNO either as UMNO Pemuda or Branches. Unfortunately this does not seen in our Pak Lah aka Mr. Clean.

We have been informed by the Menteri Besar of Negeri Sembilan that the list of all UMNO candidates has already being submitted for approval and that Khairy's name is slated to be the candidate for the Rembau parliamentary seat. Though this is not the final list, but political watchers have predicted that he will stand in the election. I hope Pak Lah is wise and not to 'cronisize' the good office of the Parliament seat of Rembau. He has the final say to SAY NO to Khairy.

So will Khairy be running, all depends on his father in law.

Nice Poster

I like this one. Can I copy this for Melaka?

Chinese New Year greetings

I received this sms from a friend. It reads, "May Stuart Little bring u comfort, Mickey Mouse bring u joy, Ratatouille bring u abundance of good food and most importantly, Minnie Mouse bring u ultimate beauty & pleasure! Happy Chinese New Year (Year of the Rat) with lots of laughter, Love and Prosperity." And guess what though I hate rats but those rat mentioness made me laugh.

Happy Chinese New Year 2008 to everybody. The Chinese will welcome the year of the rat come 7th February 2008. Rat symbolizes in the Chinese zodiac is associated with aggression, wealth, charm, and order, yet also associated with death, war, the occult, pestilence, and atrocities. In ancient time rat was welcomed as a protector and bringer of material prosperity. It is the first of the 12-year cycle of animals which appear in the Chinese zodiac.

Well that is Rat for Chinese. For me personally, this year is a year of good opportunity or opening in terms of business, family and relationship. It will definitely be a year of blessing and better than the year before. I have seen new business opportunity in my practice especially through my involvement with BNI. There will be an expansion of the firm with the coming of a new partner. I also see an opportunity to do more banking work besides the normal civil litigation, conveyancing and intellectual property practices.

For Malaysia in general, the start of the rat years will see either a victory or an upset for the Rakyat. My guess would be within this two weeks latest for Parliament to dissolve to pave way for the 12th general election. Looking at the news the past weeks, especially two days ago when the Prime Minister suddenly told reporters that he has the 'found the inspiration' in calling the election soon. Everyday the mainstream newspaper have already campaign for the Corrupt and Scandalous BN. UMNO, day by day getting more and more arrogant. The same old same would be nominated in the coming election. And Tun Dr. Mahatir have asked voters to choose clean and straight candidate even though the candidate comes from the Opposition.

So what is my take? Or rather my hope. The 2/3 majority will be slashed not only in Parliament but all state assemblies as well. It is my hope that every seat fought would be an ONE ON ONE against the BN. It would be more dramatic to see the wrestle of Penang by DAP-PKR coalition from BN.

This election I believed will be more expensive, more abusive and more corrupted than the 2004 election. More monies will be spend unnecessarily and promises will be made so as the like of the 2004 pledge by the Prime Minister to curb corruption. Enough is enough, Malaysians are not stupid to believe the lies of BN. What can we all do? JUST CHANGE IT.

Dare to Change...

What should when Parliament DISSOLVED...

Thank you for speaking the correct position of the law

©The Star(Used by permission)
Reflecting on the law by Shad Saleem Faruqi

What is the legal basis for a government that dissolves Parliament to remain in power during the run-up to the election? A convention has developed that the previous prime minister remains at the helm during the election period.

WHEN the Dewan Rakyat is dissolved to call our 12th general election, an interesting constitutional issue will wash up at our shores. The issue is: what is the legal basis for a government that dissolves parliament to remain in power during the run-up to the election?

Under Article 55(4) of the Constitution, the period between dissolution and the re-convening of the next Parliament can be up to 120 days.

Parliamentary government: In our system of parliamentary government as provided in Article 43(2), the Cabinet must be constituted from within Parliament. The Prime Minister must belong to the Dewan Rakyat.

Other ministers may come from either House. Under Article 43(3) the Cabinet is required to be collectively responsible to Parliament. Under Article 43(4) the premier must maintain the confidence of the elected chamber.

Obviously, these sterling rules of parliamentary government become inapplicable when the Dewan Rakyat goes into dissolution under Article 55(2). The outgoing government loses its parliamentary basis and, therefore, its democratic legitimacy to remain in power.

Except for a fleeting and indirect reference in Article 43(2) to the appointment of a Prime Minister from the last House of Representatives, the Constitution’s glittering generalities provide no clear guidance on the following issues:

> Once the Dewan Rakyat is dissolved, is the Yang di-Pertuan Agong required to make a formal appointment of a caretaker Prime Minister and Cabinet by virtue of Article 43(2)?

> Or is the outgoing Prime Minister entitled to continue in office? The law in Article 43(2) is sufficiently open-ended. One can envisage exceptional circumstances in which the Yang di-Pertuan Agong may appoint a new interim or provisional government to steer the ship of state during the electoral interlude. For example in Australia in 1975, on the dismissal of PM Gough Whitlam, Governor Sir John Kerr appointed Malcolm Fraser to hold the fort pending the electoral contest.

> What is the proper role of and what are the constraints upon the powers of the caretaker government?

> Is the Yang di-Petuan Agong bound by the advice of the caretaker Prime Minister during the interim between the dissolution of one Parliament and the convening of the next?

To my knowledge in most other parliamentary democracies (except Bangladesh) a convention has developed that the previous Prime Minister remains at the helm during the election period even if he is a contestant at the forthcoming election. He need not resign. A new cabinet need not be sworn in. The existing government assumes a caretaker’s mantle.

Innovation in Bangladesh : An exception is Bangladesh. In order to improve the fairness of the electoral process, the Constitution was amended in 1996 to insert a new Article 58 Clauses (B) to (E) to provide for an 11-member non-party caretaker government during the dissolution of Parliament.

A Chief Advisor with the status of a Prime Minister and ten other advisors appointed by the President on the advice of the Chief Advisor head the interim government. Besides attending to day to day administration, the government assists the Election Commission to hold polls impartially, fairly and peacefully.

During the 1996 and 2001 elections, commendable choices were made to appoint former Chief Justices as chief advisors of the interim government.

Constitutional conventions: A survey of constitutions in Britain, Australia, Canada, New Zealand, India, Ireland, Norway, Sweden, Netherlands and Germany indicates that the basic law is gloriously silent on who has the right to rule and subject to what constraints during the dissolution of Parliament.

Though no explicit legal restraints are imposed on an interim, caretaker government’s executive authority, some conventional restraints have evolved in most democratic societies. The nature of the restraints depends on whether the country has first past the post system or proportional representation.

In countries with proportional representation, tabulation of electoral results is painfully slow and it takes up to six months to swear-in the new government. In such countries an incumbent administration retains full legal authority to provide effective leadership until a new government is sworn in. But it is expected to show some restraints.

In Australia the Prime Minister’s Department has issued some clear guidelines.

A caretaker government should not take drastic initiatives. It should not implement unlegislated policy that may burden an incoming government. It should not enter into major contracts or undertakings. It should not make significant appointments.

It should not use the public services in a politically partisan way. It should refrain from using public funds, government positions, machinery and resources for partisan activities or publicity. If major decisions are needed it should adopt a bipartisan approach and consult the opposition.

It can make electoral promises; announce projects but cannot begin the process of creating the project until after it is elected.

Role of the Monarch: What if these unwritten, conventional and moral restraints are flouted? Can the Yang di-Pertuan Agong, the courts and the Election Commission Chairman apply some checks?

In Public Prosecutor v Mohd Amin Mohd Razali [2002], the High Court attributed wide discretion to the Yang Di-Pertuan Agong during the Dewan Rakyat’s dissolution. The learned judge opined that Article 40(1) that requires the Monarch to act on advice is not applicable if a caretaker government renders the advice during the dissolution of Parliament.

Most respectfully, the learned judge overstates the discretionary leeway of a constitutional monarch during times of dissolution. A constitutional monarch should normally act on advice unless the caretaker premier abuses his powers e.g. by trying to dismiss judges, making critical constitutional appointments, framing Emergency Ordinances or dissolving the Dewan Rakyat a second time because he has lost the election. In such circumstances the Monarch will be entitled to turn down the advice.

Role of the courts: If a caretaker government violates its conventional duty to act with restraint, can the courts issue the appropriate orders? Unfortunately, conventions do not have the status of laws. They are not hard and fast rules. They are the non-legal practices of the Constitution that are politically binding but are not judicially enforceable.

There is a definitive judgment on this issue in Government of Kelantan v Government of Malaya (1963) where it was argued that the federal government had a conventional duty to consult all states of the federation before converting Malaya into Malaysia. Thomson CJ held that the conventional duty, if any, was not enforceable in the courts.

However, the courts can and should play a more vigorous role than they have up to now when corrupt electoral practices are committed and a challenge is filed in the courts.

Likewise, the Election Commission can and should monitor practices that amount to election offences and assist the courts with evidence.

Ultimately, however, the Yang di-Pertuan Agong, the courts and the Election Commission cannot do much. It is the electorate that must make wise choices guided not by utility but by fidelity to the ideals that animated our document of destiny.

Dr Shad Saleem Faruqi is Professor of Law at the Faculty of Law, Universiti Teknologi Mara, Shah Alam

Integration? My foot

Got this from Kit's blog a letter by a parent about a school in Kedah practices what we call divide and rule or rather the practices of favouritism. One gets good stuff and the other gets ciplak. Well this is what we call Malaysia's definition of integration.

Letters
by A Parent

I hope you can publish this in your blog. The publication can be an effective deterrent for future. Your blog has helped lots of cases in this way.

I am parent of Form 1 student of Sek Men Taman Hi-Tech in Kulim.

I attended the school Sports Day yesterday (Feb. 4) and I am just shocked at what I saw.

The Malaysian government started the National Service Program, with the objective of racial integration, my foot. That 3-month stint is just a show to make money when the situation in schools are totally different.

This is what I saw yesterday.

Very few Indians participated in the sports event

Indians are supposed to be good in running, but there were very few, I asked the boys. And they said the reason is because the final selection was done on Thaipusam Day. Although it was not a public holiday, Indians took leave and went to temples that day. The school purposely chose that day to select the final participants. That was purposely done.

March Past

It was racially divided. The army/police cadet was 100% Malays whereas Cadet Bomba was 100% non-Malays.The army cadet uniform was perfect, 100% given, whereas the Bomba was crazy, some wore T-Shirts, different kinds of shoes because all the cost need to be borne by the parents. Why?

I really felt very saddened at what happened. It is a rubbish to say the Education Ministry is looks into ways to integrate the races, but in fact they are purposely segregating them.

Is this what the government say ‘We care for all races, we are fair to all’????

Remembering the late Rt Honourable Mr Justice Tan Sri Dato’ Seri Abdul Malek Bin Haji Ahmad ... Another Article

Speech by Dato' KC Vohrah

Your Royal Highness Raja Nazrin Shah, Pro Chancellor of the University of Malaya and Your Royal Highness Tuanku Zara Salim, Yang Berbahagia Dato’ Rafeah Salim, the Vice Chancellor of the University of Malaysia, the Hon’ble the Chief Justice of Malaysia Dato’ Abdul Hamid Hj Mohamad, the Hon’ble Attorney General of Malaysia Tan Sri Abdul Ghani Patail, the Hon’ble Mr. Justice Dato’ James Foong, the Acting President, Malaysia Inner Temple Alumni Association.

Puan Sri Roziah Sheik Mohammad and family members, Puan Hajjah Wahidah the mother and all other family members of the late Right Hon’ble Tan Sri Abdul Malek bin Haji Ahmad.

Hon’ble Judges, Ladies and Gentleman,

The late Malek was a uncommon Malaysian, whose most important characteristics were his natural and tremendous sense of fair play and his unquestioned integrity.

He was the Chief Justice that this fair country should have had but never had.

For his principles and his steadfast adherence to fair play and justice according to law the simple but terrible words, “Not him” uttered when the post of Chief Judge (M) had to be filled, I would venture to suggest, derailed Malaysia from having an early restoration of confidence and trustworthiness in our Judiciary to the golden days of pre 1988 and allowed the long trial of tribulations of almost 2 decades to continue to beset the institution save for a very short faltering period of 3 years.

Malek was born in Singapore 63 years ago. His father, the late Encik Ahmad bin Hussein, was a fine man of gentle manners with a keen sense of humour from Penang while his mother Puan Hajjah Wahidah a courteous matriarch comes from the Naning tradition of the adat pepatih stronghold of Alor Gajah in Melaka. All 3 entities were formerly part of the Strait Settlements and Malek’s father was a civil servant in Singapore.

Straight from prestigious Raffles Institution in Singapore he did and finished his Bar finals in 1965 at the Inner Temple when he was just 20, too young to be called to the English Bar.

In 1966 after being called to the English Bar, he returned home, at last, to Malaya to become a Magistrate.

I was already in the Judicial and Legal Service and very soon I began to hear stories of this friendly but no nonsense Magistrate, a very eligible bachelor being eyed by many a parent for his or her daughter!

I came personally to know Malek in 1971 after having had one of his decisions, all in the course of duty, reversed in the High Court in Kelantan and we became very good friends from then.

He was in and out of the Drafting Division and eventually in 1982 he became Parliamentary Draftsman and I the Head of the Advisory Division. He had been trained in Canada on drafting and was aware of the pernicious problems of ouster clauses or provisions which gave wide or unfettered discretion to government authorities or officials and we were united in our view that my Division’s officers in the Federal Ministries and Departments would be advised, since they were involved in the first draft for Acts or subsidiary legislations, to dissuade officials from these overreaching provisions. And I must say there were less of such laws during his tenure as Parliamentary Draftsman.

There were also issues of drawing up laws which went against the spirit of the Constitution but which were considered expedient against the nebulous backdrop of national or public interest. In the name of rule by law the Chambers were instructed to draw up such laws in spite of protests by Malek and myself and others. Although the laws were pushed through and had to be processed by Malek’s Division, I must add the essential handiwork was not his.

He became a High Court Judge in 1985. And on a personal note may I add and I still am touched by it - when he heard the news that he was to be made a Judge he went up to the Attorney General and asked why I was left behind; he argued that it was unfair.

Throughout his career both in the Judiciary and Legal Service and in the Superior Judiciary this characteristic of fair play was always dominant. And he had no hang ups on race or religion and he laughed at jingoistic nationalism.

Malek abhorred lies and distortions. And with his encyclopedic memory of facts and figures, dates and quotes which he could recall almost at will, he would with his impish humour set facts right and deflate the ego of many a pompous or pretentious person and leave many - including senior judges, who were prone to half truths, exaggerations and who were deficit in probity - avoiding him in the future! And in truth this trait hardly endeared him to many senior people.

The lawyers loved him. He was fast at taking notes of evidence with his large legible handwriting and so fast that before a lawyer could formulate his next question or another statement, Malek’s head was, disconcertingly, up from his book ready to take down the lawyer’s next question or statement. He was courteous and nobody felt threatened or humiliated, even with his humour. And another endearing aspect of him was as, lawyers always said of him, he never pretended to know the law if he did not. This man had no backlog and his judgments were always written on time. He participated in over 1000 published judgments of which he wrote about 200 to 300.

When he came to Kuala Lumpur to the Commercial Division after having served in Kota Bharu and Ipoh his troubles started. His being outspoken and his telling humour did not help. He also refused to succumb to doing what was wrong and he rebuffed 2 top Judges who tried to importune him to do just that.

He was not afraid to speak out against a Deputy Minister being called to sit on the Bench with the Chief Justice and the other 3 top Judges when Judges were being sworn in. He advised against the judiciary inviting the Prime Minister to attend the Judges Annual Conferences in Glenmarrie, and also in Kuching during the time when the “surat layang” on the improprieties in the Judiciary was circulating. It was a simple issue of the separation of powers; the Judiciary was not another Department of Government. The views were brushed aside. Malek and we Judges who also shared and expressed the same views on this and other matters affecting the Judiciary were considered a threat to some. Incredibly and childishly, as it might seem, word was passed to Judges not to fraternize with Malek and his friends. He was a courageous man. Need I say more!

I need, however, to say a few words about the man outside the office. Malek loved music. He was so versatile, he even used to write lyrics for the many songs that he composed. But I must say his inbuilt metronomic system was sometimes off beat, perhaps, by a microsecond and that did not help his sense of rhythm when he sang! But he was sporting and he would sing when requested in order to get shy or stiff judges and officers to sing and join in the fun though he knew he was no Frank Sinatra or Matt Munro.

Malek’s bachelorhood was always a hot topic. But on February 23, 1981 he met a young economics undergraduate Roziah Shaik Mohamad just eight months before she graduated. Talk about a whirlwind courtship! He asked for her hand in March that year and within 6 months his bachelorhood was ended! Malek and Roziah were a wonderful and perfect picture of happiness and they had twins Farhan Ashraq and Farhana Ashriqin, now adults, and then 4 other girls and, as Roziah once stated, the children were his greatest possessions.

He was very close to his mother and siblings Puan Nokiah, Dato’ Zabedah, Dato Zainal Abidin, Dato’ Zakaria and Puan Siti Amirah and their families. They, like Malek, were achievers and they were proud of Malek and his achievements and of course they loved him as he loved them.

I have nothing but admiration for Puan Sri Roziah who was in the hospital day in day out throughout the period Malek was there, taking care of him and bearing the terrible burden of knowing that there was no known cure for her beloved husband and that he had to leave this world.

On 31.5.2007 when I was in London I received many other smses that Malek had passed on. I was assailed by an indescribable sadness that a good man had gone prematurely to meet his Maker. Beatrix, my wife, was equally sad.

The sadness is still there. And I know that many, not only his immediate and other family members, feel the emptiness that this promising and uncommon son of Malaysia has left us. May God Bless His Soul.

Thank you.

Caretaker Government? People's Power versus Regime ala Abdullah

I will be watching closely the interesting action undertaken by Kit to commence legal proceedings against the government and the election commission in filing an Originating Summons for a declaration that when Parliament is dissolved, the concept of a caretaker government between dissolution of Parliament and the election of a new legislature and the formation of a new government must be honoured and upheld in Malaysia. Unheard of in Malaysian 50th years history but nevertheless DAP is seen to be history makers for the good of this country.

This would be an interesting court battle between the people's power (Makkal Sakti) versus the regime of ala Abdullah. Unnecessary and abuse spending during general elections is a norm by the powers that be. It has been seen that millions of Ringgit has poured in every election and by-election. By-Elections such as Macap in Malacca and Ijok in Selangor are all examples of unfair practices by the BN government using public funds in funding their election machineries. I call it rape of public fund. Meaning MY money. As such there MUST be check and balance for a fair and clean election. The people must arise and say enough is enough. And as such Kit's Originating Summons is timely.

Under the caretaker government definition provided for by Wikipedia in the case for Malaysia would be when "Parliament (The august House) to which the government is responsible is dissolved, to rule the country for an interim period until an election is held and a new government is formed". That would mean upon Parliament's dissolution, there must be an interim caretaker government responsible in the administration of the country affairs until a new elected government is formed.

So it is common for such caretaker government to be in place so that the former government will not abuse government positions, machinery, resources and funds for any electioneering purpose for a political party or candidate as stated by Kit is his blog. Abdullah Badawi is NOT the Prime Minister (in the strict sense) the moment Parliament is dissolved. He is a mere President of UMNO and the Chairman of Barisan Nasional, a political party participating in the election. As such is not allowed to use public funds that is for the Prime Minister of Malaysia.

The election laws further declares that all monies spend in the election must be within limits for example RM200,000.00 for each Parliament constituency and RM100,000.00 for each state seats contest. Any amount above that would be contradicting the election laws.

Kit further says that a candidate who benefits unfairly from any “unhealthy” and dishonest practices, as campaigning assistance by the Prime Minister, Deputy Prime Minister or Cabinet Minister through the abuse of their government positions or misuse of public funds and resources, should be subject to disqualification. Cabinet Ministers who abused their “caretaker” roles should also be penalized as that would lead to abuse and corrupt pratices under our laws.

Kit further stated that at the least the Prime Minister, should have done is to issue a clear directive to all the Ministers that they should set an example of ethics and integrity once Parliament is dissolved, and should not abuse their “caretaker” responsibilities to misuse government positions, resources, manpower and funds for Barisan Nasional electioneering purposes.

This is Corruption in Malaysia...VOTE THEM OUT

Let us all look at this video.... a cool one send by a friend of mind. Corruption prevails in Malaysia ALL the time.

Jeff Ooi running in Penang?

Good strategy though.... the 0.004 is basically a need of a consent from Party.

‘99.996%’ chance of blogger Ooi contesting in Penang

By K.KASTURI DEWI & ONG YEE TING

PENANG: Blogger-turned-politician Jeff Ooi said there was a “99.996% chance that he will contest here in the coming general election.

He said he would leave it to the DAP leadership to decide which constituency he should contest.

Ooi, who is DAP's "e-campaign director," was commenting on speculation that he would be contesting the Bukit Bendera parliamentary seat, now held by Gerakan secretary-general Datuk Seri Chia Kwang Chye.

"My hometown is in Butterworth and my immediate and extended family members are still here.

"I think I will be able to get some support here,” he said during a one-hour tele-conferencing session from Kuala Lumpur at the DAP headquarters here on Saturday.

State DAP chairman Chow Kon Yeow said the idea of fielding Ooi as a candidate was "something that the party is looking into."

Press Statement from KIT

Media Conference Statement by Parliamentary Opposition Leader and DAP MP for Ipoh Timur at the start of a two-day whistle-stop campaign in Perak to launch the second DAP general election theme on “Say no to corruption and rising prices” at the Pokok Assam market, Taiping on Saturday, 2nd February 2008 at 9 am:

“Don’t give BN 75 seats in Parliament” should be the common objective of all opposition parties, civil society and Malaysians who want to see the beginning of a new democracy with an effective check-and-balance

The next general election is shaping up to be the most important of all 12 general elections in the nation’s 50-year history.

Even former Prime Minister, Tun Dr. Mahathir Mohamad has warned that a thumping victory for the Barisan Nasional and Umno in the next general election would end up as an endorsement for a coalition “centred on nepotism and corruption”.

Mahathir has said that even if Umno loses 20 or 30 of their candidates, the Barisan Nasional is going to win.

I agree with the former Prime Minister. The issue in the next general election is not whether the Barisan Nasional and Umno will be returned to power but whether the unbroken two-thirds parliamentary majority of the Barisan Nasional could be ended to provide for an effective and meaningful check-and-balance in the system of parliamentary democracy in Malaysia.

For this reason, “Don’t give BN 75 seats in Parliament” should be the common objective of all opposition parties, civil society and Malaysians who want to see the beginning of a new democracy with an effective check-and-balance for the first time in Malaysia’s system of parliamentary democracy.

The Barisan Nasional must be denied at least 75 parliamentary seats if it is to be deprived of its two-thirds majority in a Parliament of 222 seats in the next general election.

This is why DAP should focus on winning 30-40 parliamentary seats, while Parti Keadilan Rakyat and PAS on another batch of 40-50 parliamentary seats.

If there is a 85% success rate in these 90 parliamentary constituencies targeted by the Opposition, then the 2008 general election will return a historic result where the Barisan Nasional will be deprived of its two-thirds parliamentary majority although it is still comfortably in power with a strong simple majority.

The deprivation of its parliamentary two-thirds majority for the first time in Malaysian history would have historic significance in Malaysian politics and nation-building for it would compel the Barisan Nasional government to end its high-handed, arrogant and undemocratic rule and, for the first time in its history, to act with greater responsibility, justice, fair play, accountability, transparency and integrity.

The denial of two-thirds majority should also be the objective of all opposition parties, NGOs and the civil society in the two DAP front-line states of Perak and Penang.

In Penang, the Barisan Nasional must be defeated in at least 14 seats if it is to be denied two-thirds majority in the Penang State Assembly of 40 State Assembly seats. DAP may be able to win from eight to ten State Assembly seats. If Parti Keadilan Rakyat can win from four to six seats, then the denial of the Barisan Nasional two-thirds majority in the Penang State Assembly is within sight.

Similarly for Perak, the Barisan Nasional must be defeated in at least 20 seats if it is to be denied two-thirds majority in the Perak State Assembly of 59 State Assebmly seats. With DAP focusing on winning 15 state assembly seats in Perak, this denial of two-thirds majority could only be achieved if Parti Keadilan Rakyat, together with PAS, can secure five to seven seats.

These will be among the great issues to be determined in the next general election expected to be held within 45 days - whether Barisan Nasional and Umno can be denied two-thirds majority in Parliament and the Penang and Perak state assemblies to allow the people’s rights and genuine democracy the chance to flower and mature.

Election goodies started already?

Taken below from the Star.

Senapang Besar dari kerajaan BN have arrived in Penang to give support to Dr Koh to fight for his political career and what Malaysian hope to see a sway in the popular votes to the Opposition. It would be more dramatic to see Penang ruled by the DAP-PKR and let the BN taste its own medicine in becoming the Opposition like their counterpart in Kelantan.

So much so that almost all top BN guns are in town including Menteri Besars from neighbouring states join hand in hand to give the goodies.

Well I must say that the Government is worried and as such giving temporary aids of millions of ringgit in aid to Chinese schools, the poor and non-governmental organisations, the goodies have just started starting with danger states. Next Kelantan followed by Terengganu. Million and millions of Ringgit will be poured. And that is the sign of the start of the General Elections.

In order to wrestle the Penang state legislative assembly, the Opposition must win more than 20 seats with DAP fielding 19 seats and the rest to be won by PKR. This is necessary to form the next state government in Penang. On the federal level, the Opposition MUST win at least 75 seats in Parliament with DAP fielding at least 55 Parliamentary seats to take the 2/3 of parliament.

The Malaysian people cannot stop to just relax and having the apathy attitude. There are so many national issues from issues of economy to religion to human rights and we are the stakeholders of this country. UMNO and Barisan Nasional has repeatedly rape this nations right to exists in a competitive world. With globalisation imminent, we cannot be lack behind to serve only a community and that makes Malaysia backwards. All race must rise to the occasion and that includes the Malays as they form the 60% plus majority in this country. The country must be progressive to meet the greater challenge.

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PENANG: The big guns from the Barisan Nasional descended here yesterday, giving away millions of ringgit in aid to Chinese schools, the poor and non-governmental organisations.

The show of force, led by Prime Minister Datuk Seri Abdullah Ahmad Badawi with several Cabinet ministers, is a clear indication that the state will be the main battleground in the coming general election.

Today, it will be the turn of the Opposition bigwigs, led by Parti Keadilan Rakyat de facto chief Datuk Seri Anwar Ibrahim and DAP secretary-general Lim Guan Eng, to raise the election fever further.

Apart from Abdullah and senior Umno leaders, other Barisan Nasional big guns who were here yesterday included MCA president Datuk Seri Ong Ka Ting and his deputy Datuk Seri Chan Kong Choy.

Also here were MIC deputy president Datuk G. Palanivel and party secretary-general Datuk Dr S. Subramaniam.

The Mentris Besar of Perlis, Kedah, Perak – Datuk Seri Shahidan Kassim, Datuk Seri Mahdzir Khalid and Datuk Seri Mohamad Tajol Rosli Ghazali – were also present.

My First DAP Political Ceramah

Kononlah macam candidate. I spoke in Bahasa Malaysia, I mean ROJAK the language all Malaysian regardless of race and culture. I started off with "Selamat Petang" and ended up with "Undilah Rocket". It was an evening full of enthusiasm as it was my first political ceramah. I spoke about the crime rate in Malacca whereby the rate for the crime for molest went up to above 90% as at October last yearlet alone the other offences such as snatch thief, rape, theft etc. Yes it is definitely frightening. I even went ahead by saying we are like New York. Looks like the police and government fail miserably in maintaining law and order and that is why crime rates are up not only in Malacca but worst still in state like Johor.

The police is only wanting to nab members of opposition political parties in assembling peacefully. What a disgrace.

The time is come to adhere to the words of Tun Dr. Mahatir that is to vote for a clean, honest and straight candidates in the coming 12th general elections. Mahatir further said, “I believe that people who support the Barisan should be a little bit more selective. They should think, use wisdom in choosing the people they want to support." And he went on by saying, “If there are dead wood and corrupt politicians being fielded as candidates, the people should not support them, not even if they are representing Barisan.”

These are strong words. of the former Prime Minister. Those who are corrupt and dishonest must be removed completely. The people should not support the Barisan for they are a bunch of very dirty people who deserved not a place in high office. As such DAP cries for a change in Malaysia. Let us "Dare to Change"... dare to make a difference for Malaysia.

Ghan Ghan Tor Fu Chien (Dare to Vote for the Rocket)

Those that spoke were, Tey (DAPSY Melaka Chief), Lim Jak Wong (pic on the upper left) (secretary of DAP Melaka and former ADUN of Tengkera), Betty Chew (Wanita Chair Melaka and ADUN for Kota Laksamana), Sim Tong Him (former Chairman of DAP Melaka and former ADUN of Bandar Hilir), Goh Leong San (pic below) (Chairman of DAP Melaka and ADUN for Bandar Hilir), Anthony Loke (Chairman for DAP NS and ADUN for Lobak), Tan Kok Wai (pic on upper right) (National Organising Secretary and MP for Cheras) and Lim Guan Eng (pic below) (Secretary General DAP Malaysia)