Since from day one, we were all given to understand that the Federal Constitution of our country called Malaysia is the highest instrument of law in our beloved nation.
As such, should any conflicts or misinterpretation arise in defining and implementing other sets of legislations and laws in our country, the Federal Constitution should therefore be referred to as a final tool in order to determine if those sets of legislations and laws goes by the relevant articles of the Federal Constitution.
Unfortunately our Federal Constitution which we thought is able to protect us has been undermined by these sets of legislations and laws. These sets of legislations and laws had all the time overruled the Federal Constitution in a lot of matters concerning human liberties, freedom and justice as well.
We are deeply concern that our highest instrumental of law (the Federal Constitution) would be sidelined very soon, as our nation is seeing its way to become a police or fascist state.
And when a police or fascist state takes its effective rule, these draconian legislations and laws shall therefore overrules the Federal Constitution completely. The Federal Constitution is on its way to suspension. Unless the entire situation differs to otherwise, the Federal Constitution of our country today will become redundant and useless, merely as a symbol or perhaps a history.
Let us review some of the articles of the Federal Constitution which are now being restricted by these sets of draconian legislations and laws which are deemed oppressive and restricting human liberties and our freedom.
Article 5 of the Federal Constitution confirms the liberty of any persons was restricted and oppressed by the Internal Security Act (ISA) 1960, Restricted Residence Enactment (Cap 39; Sec 117 Criminal Procedure Code Cap 6).
Article 6 which guarantees our people from slavery and forced labour was overpowered by Essential (Self-Reliance) Regulations 1975 and the National Service Ordinance, while Article 9 which states Protection against Banishment and Freedom of movement was overruled by the Internal Security Act (ISA) 1960, Banishment Act 1948 and Immigration Acts 1959 and 1963 respectively.
Article 10 (1)(a) which guarantees our Freedom of Speech and Expression is being overly restricted by Seditions Act 1948 (including amendments 1971), Official Secrets Act 1972 (including amendments 1986), Printing Presses and Publishing Act 1948 (including amendments 1988) and Control of Imported Publications Act 1959.
Article 10 (1)(b) which guarantees our Freedom of Peaceful Assembly was being bound by Public Order (Preservation) Ordinance 1958 and the Police Act 1967 (including amendments 1988). Article 10 (1)(c) which states our Freedom of Association was apprehended by the Trade Unions Act 1959 (including amendments of 1980 and 1989), Societies Act 1966 (including amendments 1981), University and University Colleges Act 1971 (including amendments 1975) – concerning Discipline of students rules and Discipline of staff rules.
Again Article 10 (1)(c) which states our Freedom of Association and our rights to Industrial Action including strike was effectively being prevented by Essential (Prohibition of Strikes and Prescribed Industrial Actions) Regulations 1965 and Industrial Relations Act 1967 (including amendments 1971 and 1975 respectively).
Article 121 which described the Principle of Judicial Review was harshly overruled and amended in 1988, followed by another amendment to the Internal Security Act in 1988, followed by another major revamp in 1989.
It is very clear fact that the BN-Umno federal government uses these draconian legislations and laws to curb and restrict the liberties and freedom of our people and at the same time restrict the rising influence of a the newly emerging opposition coalition Pakatan Rakyat under the pretext of “national security”, according to them.
Such harsh legislations and laws had also instilled a culture of fear and worry among our people to such an extent that even they agreed they are living under a stressful condition similar to an authoritarian police, fascist state or military rule.
As the result, most of us are too afraid to voice our protest or express freely our opinions and thoughts. Most of us are also afraid of debating current issues and matters concerning the well-being our beloved nation and the way it is being run with.
So, does our Federal Constitution protect our people effectively and how powerful is our country’s highest instrumental of law in standing against all these draconian legislations and laws?
So long as the BN-Umno still rules the country, our Federal Constitution shall remain in a shamefully disrespect manner.
Showing posts with label ISA. Show all posts
Showing posts with label ISA. Show all posts
Thursday, May 21, 2009
Tuesday, December 2, 2008
BN heading for a break up
It seems like the Barisan Nasional coalition might be heading for a split following the fact that more and more component parties like MCA, Gerakan, MIC and PPP are beginning to criticize their senior partner Umno for being over conservative and resisting changes from within in order to present itself as a true multi-racial coalition.
Instead, ever since after the 8 March general election, Umno is still harping on his old concept of upholding racial supremacy “ketuanan Melayu” over other ethnicities, thus immediately fending off any attempts or efforts by several quarters from within the coalition to initiate changes and rebranding to make BN come out with a non-racial approach in its policies.
A call by MCA for Umno to do away with the “ketuanan” was immediately responded by the Umno youth chief Hishamuddin Hussein as questioning their rights. Gerakan later joined in by supporting MCA’s call to an end of the supremacist policies in Umno, while PPP started to call for the ISA to be reviewed and amended, and would leave BN if changes are not carried out. MCA too, later supported PPP’s move by also calling the ISA to be repealed.
Well, as long as the current Umno leadership insist of maintaining its trends and resist any drastic changes, the current policies in the BN and the government would remain as it had 50 years ago, which could spell the end of MCA, Gerakan, MIC and PPP. These BN component parties kept on believing that for any real change to happen, it must be driven by Umno. Then, do they actually have enough guts to leave BN anyway?
SAPP had left BN and might be considering to join Pakatan Rakyat to rid the Umno’s dominancy in Sabah, while a large number of Dayak political and community leaders in Sarawak had also made their move by joining PKR en bloc thus, resulting the current state BN to be on alert of the recent mass defection.
Meanwhile, MCA’s opinion seems to be splitting as its party president Datuk Ong Tee Keat had formally distanced himself and his faction from party deputy president Datuk Seri Chua Soi Lek who had earlier mentioned that they do not accept “ketuanan Melayu” but only the Malay leadership instead which had eventually shows that the two camps in the MCA is also heading for a clear split.
Umno, with its well known brand in money politics is also brandishing its internal politickings openly with infightings and factional tussle for party positions, with dissatisfying leaders making press releases and bringing their tussles to the civil courts to address their frustrations. Looks like the Umno delegates may also end up electing various factions into the top leadership echelon on March 2009 next year like their counterpart MCA which may see a continuous split from within.
MIC with Samy Vellu promising a rebranding exercise from within does not seem wanting to change in actual fact by saying that he intends to run for another term for the party presidency. When some dissatisfaction arose, he called in another conservative to challenge him in order to demonstrate his “willingness” to be challenge and to reflect the “democracy” in his party. Other MIC youngsters were either too obedient or sub-servant to fight a battle with the Samy Vellu faction to effect a real change.
Gerakan with Dr Koh Tsu Koon had helm, was still hoping to convince their master Umno to lead the change from within the coalition of which saw no hope at all in actual fact. However, Dr Koh had not given up his effort and still pursuing his Umno friends to come out with a more multi-racial friendly concept in order to win back the people’s trust. First of all, the big question mark is will Umno listen to Gerakan?
PPP under M.Kayveas is seem to be still uncertain of its future undertakings, but only moved short by calling for the ISA to be repealed and not abolished. The PPP leadership had so far refrained from making a more drastic call for changes which may affect its relation with Umno for fear of being further sidelined. PPP’s threat to pull out of BN was merely a copycat tone in support of its bigger partners like MCA, MIC and Gerakan. If these parties did not make their moves, will PPP ever make its own move then?
The other BN component parties like, SUPP, PRS, PDS, PBS, PBRS, UPKO and LDP are regionally tied up with their states in Sarawak and Sabah without any real interest in national politics as a whole. The Sarawak BN parties were apparently being sub-due by the much stronger PBB for decades while the Sabah parties were force to toe by the Sabah Umno’s line after having the rotation of the state’s chief minister position abolished.
Well, the BN don’t really have clear direction after all.
Instead, ever since after the 8 March general election, Umno is still harping on his old concept of upholding racial supremacy “ketuanan Melayu” over other ethnicities, thus immediately fending off any attempts or efforts by several quarters from within the coalition to initiate changes and rebranding to make BN come out with a non-racial approach in its policies.
A call by MCA for Umno to do away with the “ketuanan” was immediately responded by the Umno youth chief Hishamuddin Hussein as questioning their rights. Gerakan later joined in by supporting MCA’s call to an end of the supremacist policies in Umno, while PPP started to call for the ISA to be reviewed and amended, and would leave BN if changes are not carried out. MCA too, later supported PPP’s move by also calling the ISA to be repealed.
Well, as long as the current Umno leadership insist of maintaining its trends and resist any drastic changes, the current policies in the BN and the government would remain as it had 50 years ago, which could spell the end of MCA, Gerakan, MIC and PPP. These BN component parties kept on believing that for any real change to happen, it must be driven by Umno. Then, do they actually have enough guts to leave BN anyway?
SAPP had left BN and might be considering to join Pakatan Rakyat to rid the Umno’s dominancy in Sabah, while a large number of Dayak political and community leaders in Sarawak had also made their move by joining PKR en bloc thus, resulting the current state BN to be on alert of the recent mass defection.
Meanwhile, MCA’s opinion seems to be splitting as its party president Datuk Ong Tee Keat had formally distanced himself and his faction from party deputy president Datuk Seri Chua Soi Lek who had earlier mentioned that they do not accept “ketuanan Melayu” but only the Malay leadership instead which had eventually shows that the two camps in the MCA is also heading for a clear split.
Umno, with its well known brand in money politics is also brandishing its internal politickings openly with infightings and factional tussle for party positions, with dissatisfying leaders making press releases and bringing their tussles to the civil courts to address their frustrations. Looks like the Umno delegates may also end up electing various factions into the top leadership echelon on March 2009 next year like their counterpart MCA which may see a continuous split from within.
MIC with Samy Vellu promising a rebranding exercise from within does not seem wanting to change in actual fact by saying that he intends to run for another term for the party presidency. When some dissatisfaction arose, he called in another conservative to challenge him in order to demonstrate his “willingness” to be challenge and to reflect the “democracy” in his party. Other MIC youngsters were either too obedient or sub-servant to fight a battle with the Samy Vellu faction to effect a real change.
Gerakan with Dr Koh Tsu Koon had helm, was still hoping to convince their master Umno to lead the change from within the coalition of which saw no hope at all in actual fact. However, Dr Koh had not given up his effort and still pursuing his Umno friends to come out with a more multi-racial friendly concept in order to win back the people’s trust. First of all, the big question mark is will Umno listen to Gerakan?
PPP under M.Kayveas is seem to be still uncertain of its future undertakings, but only moved short by calling for the ISA to be repealed and not abolished. The PPP leadership had so far refrained from making a more drastic call for changes which may affect its relation with Umno for fear of being further sidelined. PPP’s threat to pull out of BN was merely a copycat tone in support of its bigger partners like MCA, MIC and Gerakan. If these parties did not make their moves, will PPP ever make its own move then?
The other BN component parties like, SUPP, PRS, PDS, PBS, PBRS, UPKO and LDP are regionally tied up with their states in Sarawak and Sabah without any real interest in national politics as a whole. The Sarawak BN parties were apparently being sub-due by the much stronger PBB for decades while the Sabah parties were force to toe by the Sabah Umno’s line after having the rotation of the state’s chief minister position abolished.
Well, the BN don’t really have clear direction after all.
Friday, November 7, 2008
Court orders Raja Petra's release ~ Malaysiakini
The Shah Alam High Court this morning ruled that the detention of well-known blogger Raja Petra Kamarudin under the ISA was illegal and ordered his immediate release.
So, the court had given its verdict, RPK's detention was illegal, null and void. The fact was, the BN government didn't even know if their actions or policies were against the law.
That means, the BN government of today rules by its political comfort and not within the law. The executive branch of the federal government now runs as what the political leaders dictates and saw it fits to their pleasures, especially Umno who now feels the heat of its unpopularity because of its continuous stance to maintain their art of supremacy on the others.
Umno still have not realise that they were the rulers of the past. Their conduct of governance are completely outdated with no opportunities of reforms or rejuvenation. To maintain their grip in power, they had resorted to the rule of the jungle to uphold the Greatness of their ethnicity and identity, by continuously saying without Umno there will be no such ethnic anymore.
What are they saying now is to associate Umno with their race in order to survive the current political trend which is moving towards a more non-racial approach.
So RPK, carry on with your job now and show us you could do it !
So, the court had given its verdict, RPK's detention was illegal, null and void. The fact was, the BN government didn't even know if their actions or policies were against the law.
That means, the BN government of today rules by its political comfort and not within the law. The executive branch of the federal government now runs as what the political leaders dictates and saw it fits to their pleasures, especially Umno who now feels the heat of its unpopularity because of its continuous stance to maintain their art of supremacy on the others.
Umno still have not realise that they were the rulers of the past. Their conduct of governance are completely outdated with no opportunities of reforms or rejuvenation. To maintain their grip in power, they had resorted to the rule of the jungle to uphold the Greatness of their ethnicity and identity, by continuously saying without Umno there will be no such ethnic anymore.
What are they saying now is to associate Umno with their race in order to survive the current political trend which is moving towards a more non-racial approach.
So RPK, carry on with your job now and show us you could do it !
Friday, September 19, 2008
Teresa has been released today
Selangor State Executive Councillor and DAP National Organising Secretary Teresa Kok has been released from the ISA detention today at 1.00pm.
Her release was later greeted by her parents and DAP members who were there waited for her.
Teresa in the press conference this afternoon said that she is considering legal actions against those who had defamed her and the party on matters which were not related to her.
Her release was later greeted by her parents and DAP members who were there waited for her.
Teresa in the press conference this afternoon said that she is considering legal actions against those who had defamed her and the party on matters which were not related to her.
Sin Chew reporter released
Saturday, 13 September 2008
The Sin Chew Daily reporter Tan Hoon Cheng has been released today at 2.30pm after being detained for about 16 hours and is now back to her home in Bukit Mertajam this evening.
Meanwhile, the National Union of Journalist (NUJ) which represents all journalist in the nation expressed anger on Hoon Cheng's arrest.NUJ president Norila Mohd Daud today blasted the arrest of Hoon Cheng under the ISA as unjust.
The Sin Chew Daily reporter Tan Hoon Cheng has been released today at 2.30pm after being detained for about 16 hours and is now back to her home in Bukit Mertajam this evening.
Meanwhile, the National Union of Journalist (NUJ) which represents all journalist in the nation expressed anger on Hoon Cheng's arrest.NUJ president Norila Mohd Daud today blasted the arrest of Hoon Cheng under the ISA as unjust.
Teresa not involved in azan petition, says mosques
Saturday, 13 September 2008
Both Masjid Kota Damansara and Masjid Kinrara, the two mosques which were embroiled in an azan controversy, said DAP National Organizing Secretary Teresa Kok was not and never involved in the petition to lower the volume of its loudspeakers for azan.
So, why is Teresa being detained for nothing? The police special branch should instead look for the Selangor Umno chief Dr Mohd Khir Toyo who put up the flame on this issue for his own political agenda.
Both Masjid Kota Damansara and Masjid Kinrara, the two mosques which were embroiled in an azan controversy, said DAP National Organizing Secretary Teresa Kok was not and never involved in the petition to lower the volume of its loudspeakers for azan.
So, why is Teresa being detained for nothing? The police special branch should instead look for the Selangor Umno chief Dr Mohd Khir Toyo who put up the flame on this issue for his own political agenda.
ISA Chaos in our Nation
Saturday, 13 September 2008
First, our Raja Petra Kamaruddin was arrested, now more arrest are coming up in the Umno latest agenda. Another Ops Lalang is on its way.
Desperate to cover up the embarrassment on its own racist tag, the Umno-led federal government yesterday unleashed its revenge on the people and the entire nation with the much hated Internal Security Act (ISA) detention plans.
Sin Chew Daily report Tan Hoon Cheng was detained at her house last night for her report on former Bukit Bendera Umno division chief Ahmad Ismail’s racist statement during the by-election in Permatang Pauh.
Hoon Cheng, the award winning journalist who had much experience in her field was arrested instead of the real perpetrator of these racist remarks, Ahmad Ismail. A case of protecting their own Umno people from being prosecuted!!!!The other reporters, Kelvin Lee of Guang Ming Daily and Tan Ming Xao of Nanyang Siang Pau who were also together with Hoon Cheng as witnesses to Ahmad Ismail’s racist statement went into hiding to avoid arrest from the police special branch.
Selangor State Executive Councillor and DAP National Organizing Secretary Teresa Kok was also detained late last night based on an accusation from Selangor Umno chief Dr Mohd Khir Toyo and Utusan Malaysia press that she had instigated a residents’ petition against a mosque’s azan, which she had no knowledge of nor involve with.
In this case again, the real perpetrators Dr Mohd Khir Toyo and Utusan Malaysia escaped and Teresa was made a scapegoat and victim. Another Umno leader is protected like this!!!Umno leaders and members who were wrong in their actions and had created chaos in situations with racist jargons and hatred were all immune and above the law because of their special privileges and powers. They were all immune because they are Umno leaders holding powerful positions in the party.
Chaos, Chaos in the entire Nation!!! In order to curb the increasing influence of the oppositions and the people’s discontent over the Umno’s upholding its racist tag, the Umno-led federal government had resorted to such a low-class tactic in order to put fear on the population and to divert the truth away from the public’s attention.
So why are MCA, Gerakan, PPP, SUPP, SAPP, etc are still in the BN to serve as running dogs for Umno? Where are their conscience and humanities?
We must Change the entire situation before it is too late.
First, our Raja Petra Kamaruddin was arrested, now more arrest are coming up in the Umno latest agenda. Another Ops Lalang is on its way.
Desperate to cover up the embarrassment on its own racist tag, the Umno-led federal government yesterday unleashed its revenge on the people and the entire nation with the much hated Internal Security Act (ISA) detention plans.
Sin Chew Daily report Tan Hoon Cheng was detained at her house last night for her report on former Bukit Bendera Umno division chief Ahmad Ismail’s racist statement during the by-election in Permatang Pauh.
Hoon Cheng, the award winning journalist who had much experience in her field was arrested instead of the real perpetrator of these racist remarks, Ahmad Ismail. A case of protecting their own Umno people from being prosecuted!!!!The other reporters, Kelvin Lee of Guang Ming Daily and Tan Ming Xao of Nanyang Siang Pau who were also together with Hoon Cheng as witnesses to Ahmad Ismail’s racist statement went into hiding to avoid arrest from the police special branch.
Selangor State Executive Councillor and DAP National Organizing Secretary Teresa Kok was also detained late last night based on an accusation from Selangor Umno chief Dr Mohd Khir Toyo and Utusan Malaysia press that she had instigated a residents’ petition against a mosque’s azan, which she had no knowledge of nor involve with.
In this case again, the real perpetrators Dr Mohd Khir Toyo and Utusan Malaysia escaped and Teresa was made a scapegoat and victim. Another Umno leader is protected like this!!!Umno leaders and members who were wrong in their actions and had created chaos in situations with racist jargons and hatred were all immune and above the law because of their special privileges and powers. They were all immune because they are Umno leaders holding powerful positions in the party.
Chaos, Chaos in the entire Nation!!! In order to curb the increasing influence of the oppositions and the people’s discontent over the Umno’s upholding its racist tag, the Umno-led federal government had resorted to such a low-class tactic in order to put fear on the population and to divert the truth away from the public’s attention.
So why are MCA, Gerakan, PPP, SUPP, SAPP, etc are still in the BN to serve as running dogs for Umno? Where are their conscience and humanities?
We must Change the entire situation before it is too late.
Umno’s act of Revenge
Saturday, 13 September 2008
The actions recently carried out by the Umno-led federal government to detained several people of an ordinary background, some politicians and bloggers who are out there to promote a greater accountability and transparency in the country under the Internal Security Act (ISA) has been seen as an act of revenge from the dominant party in the Barisan Nasional i.e. Umno for being exposed and wronged in publicly of their increasingly dangerous racist tag.
To Umno, those people who had tried to express the truth and correct the wronged were a threat to their positions and powers currently in hand. Umno leaders and members fear when their wrongs, corrupt and incorrect practices are expose they will stand to lose their reputation and powers.As such, in order to maintain their grip in power, they create fear and worry among the population with such arrests and detention as a “warning” sign not to outdo Umno and its leaders in whatever ways.
Another way is to warn or possibly shut down newspapers and press who report to the nation accurately on what is happening and the current situation, to cover up the facts from reaching our people and the rest of the population.With all these hanky-panky doings, Umno will be able to continue with its powerful machineries by absorbing the entire nation’s riches, values and monies into their hands with no interference nor check and balance.
Therefore, we must come out to protect our kids, our love ones and our generations to come and let us hold our hands together in solidarity to protest against such unjust actions by Umno which are making our country uglier.We are grateful to our nation called Malaysia but Umno is betraying the entire nation and its people instead. So, Change !!!
The actions recently carried out by the Umno-led federal government to detained several people of an ordinary background, some politicians and bloggers who are out there to promote a greater accountability and transparency in the country under the Internal Security Act (ISA) has been seen as an act of revenge from the dominant party in the Barisan Nasional i.e. Umno for being exposed and wronged in publicly of their increasingly dangerous racist tag.
To Umno, those people who had tried to express the truth and correct the wronged were a threat to their positions and powers currently in hand. Umno leaders and members fear when their wrongs, corrupt and incorrect practices are expose they will stand to lose their reputation and powers.As such, in order to maintain their grip in power, they create fear and worry among the population with such arrests and detention as a “warning” sign not to outdo Umno and its leaders in whatever ways.
Another way is to warn or possibly shut down newspapers and press who report to the nation accurately on what is happening and the current situation, to cover up the facts from reaching our people and the rest of the population.With all these hanky-panky doings, Umno will be able to continue with its powerful machineries by absorbing the entire nation’s riches, values and monies into their hands with no interference nor check and balance.
Therefore, we must come out to protect our kids, our love ones and our generations to come and let us hold our hands together in solidarity to protest against such unjust actions by Umno which are making our country uglier.We are grateful to our nation called Malaysia but Umno is betraying the entire nation and its people instead. So, Change !!!
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