Have you seen any strange debris?. If you have, NASA (National Aeronautics and Space Administration) of the United States wants to know you. What you have found could be debris from one of its satelite that have plunged back to earth.
Members of the public are advised not to keep the debris which could be sections of the satelite.
"NASA wants any discovery of strange objects or debris to be reported to them or the relevant agencies in their respective countries for further action," said the National Space Agency (Angkasa) in a statement Saturday.
The six-tonne satelite, launched into orbit in 1991, fell back to earth between late Friday and early Saturday.
It was reported to have re-entered the atmosphere and fell over the Pacific Ocean. The precise re-entry time and location had yet to be ascertained.
Sunday, September 25, 2011
Overspending and high incomes may not mix
THE STAR SAYS...
WHEN an individual lives beyond his means, he is inviting trouble for himself and his family.When masses of consumers and citizens across the country live beyond their means, we have a serious social problem.
This is what prevails in this country today.
Recent figures make for grim reading: some 15,000 Malaysians go bankrupt every year, many of them young adults under 40, 60% of whom are already in debt.
Some 75% have no retirement plans.
This is no way for any developing country to aspire seriously to developed status.
When the next financial crisis hits, many of the country's individual households will be devastated.
The next generation of Malaysians could be setting themselves and the country up for a very bad crash.
Such a predicament cannot be left entirely to the market, because market forces had created it in the first place.
There was a time when credit card use was somewhat limited by the authorities.
However, half-hearted and piecemeal policies tend not to work.
Public awareness campaigns can only go so far, and usually that is never far enough.
Practical, tough-minded policies that can help to rein in runaway spending are sorely needed.
Since Malaysia is aiming for high-income status, the debt situation needs special attention.
What good is additional income if the shortage of savings and investment only becomes worse?
If compulsive spending remains an unchanged mindset, more income will mean more wasteful expenditure.
Those who have not yet learned to live within their means may, with a financial windfall, find that a crisis will be that much more damaging.
A high-income nation is presumed to enjoy comparably high savings and investments.
Overall, it means a higher standard of living and a better quality of life.
However, the opposite will occur when conspicuous consumption eats into savings and investments like a cancer.
In such a society, the bright lights of retail outlets that may superficially appear to signify “developed” status are but a smokescreen to hide the financial decay within.
Unless and until a society is fiscally sound, no amount of commercial advertising or sales campaigns can make a country developed.
High spending from higher incomes with no savings or retirement plans could instead lead to a crash, as even developed economies have experienced.
Ambiga receives top award from French govt
Recognising her dedication to human rights and the rule of law, France has awarded Datuk Ambiga Sreenevasan with its highest honour, the Chevalier de Legion d'Honneur (Knight of the Legion of Honour). 
Honoured: Ambiga dedicated her award to those who supported her. French Ambassador to Malaysia Marc Barety presented the award to the former Bar Council president in a ceremony at his residence on Friday.
Ambiga dedicated the award to those who had supported her efforts.
“The award is meant to honour people from different fields and is not specific to a human rights movement,” she said.
In 2009, Ambiga was honoured by the United States with the prestigious Secretary of State's International Women of Courage award in conjunction with International Women's Day.
Honoured: Ambiga dedicated her award to those who supported her. Ambiga dedicated the award to those who had supported her efforts.
“The award is meant to honour people from different fields and is not specific to a human rights movement,” she said.
In 2009, Ambiga was honoured by the United States with the prestigious Secretary of State's International Women of Courage award in conjunction with International Women's Day.
Carry on the fight against racism
THE UN General Assembly held a high-level meeting in New York on Thursday to commemorate the 10th anniversary of the adoption of the Durban Declaration and Program of Action.
This document, which serves as the international community's blueprint for action to fight racism, was adopted by consensus at the 2001 UN World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa.
However, it is regrettable that several Western countries are boycotting it and even urging other countries to follow suit. But on second thoughts, it is no surprise, especially if we recall the situation in 2009 at the second World Conference Against Racism, also known as the Durban Review Conference, when nearly 10 countries refused to participate, and a walkout by about 40 delegates occurred, most of them from Western countries.
It is important to note that the 10th anniversary is not meant to single out any country for criticism or to pour salt in anyone's wounds. Rather, it provides a platform for all nations to confirm their commitment to the values and principles of equality and non-discrimination and the measures by the international community to combat racism, racial discrimination, xenophobia and related intolerance.
The boycott of the Durban Review Conference and this year's anniversary is a testimony to Western countries' hypocrisy and lack of respect for fundamental human rights, including equality and the right to freedom of expression, supposedly strongly defended in the West. It clearly shows the West's double standards over the issue of combating racism. The withdrawal from the conference by several Western countries exposes some countries' fears of being held accountable for the implementation of the Durban Declaration.
First, some countries turned their backs with the excuse that the Durban Conference and its follow-ups had been “hijacked” by those seeking to bash Israel. On the contrary, the noble mission to fight racism and discrimination was hijacked by those who were not willing to address human rights violations they have committed in history.
Second, some consider the history of the World Conference Against Racism “a Durban disaster” as if they are the victims, while in fact it was slave trade, colonisation, racial segregation and expropriation of indigenous people's lands and resources that brought hideous disasters to generations of Africans, Asians and Latin Americans.
Third, as some countries explained that “many states would prefer to forget” the Durban Declaration, the decision to boycott the anniversary event stems from their attempt to downplay and legitimise racial wrongdoings by circumventing international criticism and open discussion.
What some countries are doing is nothing short of self-deception. As a Chinese saying goes, with history as a mirror, one can understand the rise and fall of a nation. What we are doing by commemorating the anniversary is not settling old scores or giving a hard time to anyone, but learning from the past, putting things in perspective and being forward-looking in dealing with racism. - China Daily/Asia News Network
This document, which serves as the international community's blueprint for action to fight racism, was adopted by consensus at the 2001 UN World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa.
However, it is regrettable that several Western countries are boycotting it and even urging other countries to follow suit. But on second thoughts, it is no surprise, especially if we recall the situation in 2009 at the second World Conference Against Racism, also known as the Durban Review Conference, when nearly 10 countries refused to participate, and a walkout by about 40 delegates occurred, most of them from Western countries.
It is important to note that the 10th anniversary is not meant to single out any country for criticism or to pour salt in anyone's wounds. Rather, it provides a platform for all nations to confirm their commitment to the values and principles of equality and non-discrimination and the measures by the international community to combat racism, racial discrimination, xenophobia and related intolerance.
The boycott of the Durban Review Conference and this year's anniversary is a testimony to Western countries' hypocrisy and lack of respect for fundamental human rights, including equality and the right to freedom of expression, supposedly strongly defended in the West. It clearly shows the West's double standards over the issue of combating racism. The withdrawal from the conference by several Western countries exposes some countries' fears of being held accountable for the implementation of the Durban Declaration.
First, some countries turned their backs with the excuse that the Durban Conference and its follow-ups had been “hijacked” by those seeking to bash Israel. On the contrary, the noble mission to fight racism and discrimination was hijacked by those who were not willing to address human rights violations they have committed in history.
Second, some consider the history of the World Conference Against Racism “a Durban disaster” as if they are the victims, while in fact it was slave trade, colonisation, racial segregation and expropriation of indigenous people's lands and resources that brought hideous disasters to generations of Africans, Asians and Latin Americans.
Third, as some countries explained that “many states would prefer to forget” the Durban Declaration, the decision to boycott the anniversary event stems from their attempt to downplay and legitimise racial wrongdoings by circumventing international criticism and open discussion.
What some countries are doing is nothing short of self-deception. As a Chinese saying goes, with history as a mirror, one can understand the rise and fall of a nation. What we are doing by commemorating the anniversary is not settling old scores or giving a hard time to anyone, but learning from the past, putting things in perspective and being forward-looking in dealing with racism. - China Daily/Asia News Network
Thursday, September 15, 2011
Publications will no longer need to renew their printing licences annually
Prime Minister Datuk Seri Najib Tun Razak said this would now be replaced with the issuance of licences that would be valid until revoked.
The Banishment Act 1959, he added, would also be abolished while the Restricted Residence Act 1933 would undergo a comprehensive review.
He said several other laws would also be reviewed to ensure they were relevant with present needs, including those related to the freedom of assembly.
“Section 27 of the Police Act 1967 will be reviewed to take into consideration provisions under Article 10 of the Federal Constitution, which are related to the freedom of assembly based on the principle of strong objections against street demonstrations.
“However, permission to assemble will be given in accordance with procedures to be fixed later besides taking into account international norms.
“We will not hesitate to amend or abolish laws that are no longer relevant,” he said.
The Banishment Act 1959, he added, would also be abolished while the Restricted Residence Act 1933 would undergo a comprehensive review.
He said several other laws would also be reviewed to ensure they were relevant with present needs, including those related to the freedom of assembly.
“Section 27 of the Police Act 1967 will be reviewed to take into consideration provisions under Article 10 of the Federal Constitution, which are related to the freedom of assembly based on the principle of strong objections against street demonstrations.
“However, permission to assemble will be given in accordance with procedures to be fixed later besides taking into account international norms.
“We will not hesitate to amend or abolish laws that are no longer relevant,” he said.
Datuk Seri Najib Tun Razak made history
PRIME Minister Datuk Seri Najib Tun Razak made history for Malaysia Day by announcing the Government's decision to abolish the country's draconian laws.
The Internal Security Act 1960, the Banishment Act 1959 and three emergency proclamations will be abolished and the Printing Presses and Publications Act 1984 amended.
The Restricted Residence Act 1933 and the law against assembly in public places will be reviewed to allow for free assembly as in other democratic countries. Citizens will no longer be apprehended for their political beliefs.
These changes represent a real and substantive transformation in the Government's, and thus also the country's, temperament and psyche. Slaughtering that nasty albatross of unjust laws has been long overdue.
Malaysia and Malaysians needed to outgrow the stupefying legal restrictions of bad laws and their stultifying arbitrariness.
No previous government has been as courageous in going as far to throw off these shabby vestiges of colonialism and roll back their musty Third World anachronisms.
We must give credit where it is due, and due credit must go to Najib's leadership for these bold, progressive and enlightened measures.
A large community of right-thinking Malaysians, including this newspaper, has consistently advocated these changes and championed their inherent virtues.
The Government will next table a motion in Parliament to effect these reforms. This is virtually guaranteed, given the widespread unpopularity of these laws within and outside Parliament.
We cannot always depend on good men not to misuse bad laws. It is far better that bad laws be removed so that the temptation to use them is discarded as well.
Any use of a bad law amounts to an abuse of the legal process. Henceforth, no Malaysian need suffer any political persecution.
In a single stroke, Najib has done more than any other national leader to bridge the gap between law and justice. He has helped to ensure a better rule of law and a fairer administration of justice for all.
Draconian laws that merely purported to safeguard national security had come to instigate the opposite. They produced a groundswell of discontent that alienated the governed from the Government.
It has meant an unfortunate scuttling of good governance, with a consequent decline in public confidence in our public institutions. Law enforcement tended to rely on blanket dragnets rather than sound investigation and proper detective work.
But now, the onus has returned to all the rightful national institutions. The change affirms the primacy of Parliament, the legitimacy of the courts, the essence of constitutional provisions and the rights of the people.
Criminals will still be contained because there are other laws for them. And political oppositionists may still complain because their popular appeal may be dented.
But Malaysians will now be led properly rather than prodded, with the country being governed through consultation and consent rather than force or fear.
A dark passage has ended for our nation, and Malaysia can be better for it. Indeed, Malaysia will be better for it because every sector in the country has reason to rejoice.
The Internal Security Act 1960, the Banishment Act 1959 and three emergency proclamations will be abolished and the Printing Presses and Publications Act 1984 amended.
The Restricted Residence Act 1933 and the law against assembly in public places will be reviewed to allow for free assembly as in other democratic countries. Citizens will no longer be apprehended for their political beliefs.
These changes represent a real and substantive transformation in the Government's, and thus also the country's, temperament and psyche. Slaughtering that nasty albatross of unjust laws has been long overdue.
Malaysia and Malaysians needed to outgrow the stupefying legal restrictions of bad laws and their stultifying arbitrariness.
No previous government has been as courageous in going as far to throw off these shabby vestiges of colonialism and roll back their musty Third World anachronisms.
We must give credit where it is due, and due credit must go to Najib's leadership for these bold, progressive and enlightened measures.
A large community of right-thinking Malaysians, including this newspaper, has consistently advocated these changes and championed their inherent virtues.
The Government will next table a motion in Parliament to effect these reforms. This is virtually guaranteed, given the widespread unpopularity of these laws within and outside Parliament.
We cannot always depend on good men not to misuse bad laws. It is far better that bad laws be removed so that the temptation to use them is discarded as well.
Any use of a bad law amounts to an abuse of the legal process. Henceforth, no Malaysian need suffer any political persecution.
In a single stroke, Najib has done more than any other national leader to bridge the gap between law and justice. He has helped to ensure a better rule of law and a fairer administration of justice for all.
Draconian laws that merely purported to safeguard national security had come to instigate the opposite. They produced a groundswell of discontent that alienated the governed from the Government.
It has meant an unfortunate scuttling of good governance, with a consequent decline in public confidence in our public institutions. Law enforcement tended to rely on blanket dragnets rather than sound investigation and proper detective work.
But now, the onus has returned to all the rightful national institutions. The change affirms the primacy of Parliament, the legitimacy of the courts, the essence of constitutional provisions and the rights of the people.
Criminals will still be contained because there are other laws for them. And political oppositionists may still complain because their popular appeal may be dented.
But Malaysians will now be led properly rather than prodded, with the country being governed through consultation and consent rather than force or fear.
A dark passage has ended for our nation, and Malaysia can be better for it. Indeed, Malaysia will be better for it because every sector in the country has reason to rejoice.
Changes to the country's laws, including ending the Emergency
THE Prime Minister's speech last night evoked the kind of hope and exhilaration I felt many decades ago on Aug 28, 1963, when I heard American civil rights leader Martin Luther King, Jr. deliver his “I have a dream” speech at the steps of Lincoln Memorial.
The Prime Minister pointed to a number of changes that he intends to bring to the country. Many of these proposals will have massive positive implications for the country's legal system, its administration of justice and the sovereignty of law over personal discretion. He promised that:
> The emergency proclamations that are in operation will be presented to Parliament for annulment;
> The Internal Security Act will be repealed but replaced with two security laws framed under the Constitution's anti-subversion provision of Article 149;
> The Restricted Residence Act and the Banishment Act will be brought to an end; and
> The much-criticised Printing Presses and Publications Act will be amended.
It will take some time and considerable research to fathom the full implications of the above pronouncements. Needless to say, the impact on the legal life of the community, the rights of the citizens, the powers of the Home Minister and the police will be monumental.
The rule of law will be strengthened and the days of the omnipotence of the Government will come to an end. Looking at the implications of the lifting of the Emergency, the following salient features of emergency laws must be noted:
Ordinary legal system eclipsed: Under Article 150, once a proclamation of emergency by the Yang di-Pertuan Agong is gazetted, the floodgates are lifted and legislative powers of Parliament are greatly broadened. Parliament can make laws that violate, suspend or bypass any constitutional provision except six items in Article 150(6A).
All fundamental rights except freedom of religion can be violated. The federal-state division of powers can be disturbed and state powers usurped.
Emergency laws do not require a two-thirds majority. Neither do they require the consent of the Conference of Rulers or the Yang di-Pertua Negeri of Sabah and Sarawak.
Judicial review on constitutional grounds is ousted because of Article 150(6).
An emergency law has no time limit and can continue as long as the emergency lasts.
Malaysia has been under such a state of emergency continuously since 1964. For all practical purposes, an emergency legal system eclipsed the ordinary legal system for the last 47 years.
The King's power to make laws: As with the powers of Parliament, the powers of the federal executive are immensely enlarged during an emergency.
The Yang di-Pertuan Agong acquires plenary and parallel ordinance-making powers under Article 150(2B) as long as the two houses of Parliament are not sitting concurrently.
The executive's power of ordinance-making is as large as Parliament's power of legislation. The entire Constitution can be suspended except for six topics in Article 150(6A).
Since 1964, the Yang di-Pertuan Agong has promulgated nearly 92 emergency ordinances. Among these is the Emergency, Public Order and Prevention of Crime Ordinance, which is a favourite with the police and which results in more preventive detentions than even the Internal Security Act.
Executive power to give instructions: Under Article 150, the Federal Government acquires powers to give directions to the states in contradiction with the meticulous federal-state division of powers.
If the emergency proclamations are repealed, what effect will that have on the legal system?
Restoration of normal laws: If the two proclamations of national emergency in 1964 and 1969 are repealed, the country will return to the normal operation of the constitutional system.
The five or so emergency laws made by Parliament under the authority of these proclamations will cease to operate. Any detention under these laws will have to be terminated.
Emergency ordinances will end: As with the emergency laws enacted by Parliament, the 90 or so emergency ordinances promulgated by the Yang di-Pertuan Agong (and the hundreds of subsidiary laws made thereunder) will also cease operation.
However, the cessation of emergency laws is not immediate. Under Article 150(7), there is a grace period of six months during which the emergency laws may still continue to operate. Once the six months expire, the expiry of the laws is automatic and no individual repeal is necessary. However, no action (e.g. for damages) can be taken for anything validly done under previous laws.
Some may wonder whether the Yang di-Pertuan Agong, in his discretion, may refuse the Prime Minister's advice to restore the rule of law and to lift the proclamations of emergencies?
In a long line of other cases, it has been held that emergency rule does not alter the position of the Yang di-Pertuan Agong as a constitutional monarch bound to act on advice.
The case of PP v Mohd Amin Mohd Razali (2000) altered the law slightly: it held that during the dissolution of Parliament, the Yang di-Pertuan Agong is not bound by the caretaker government's advice on emergency matters.
Amin is, of course, not relevant to the Prime Minister's speech last night because Parliament is not under dissolution and the Prime Minister's advice is binding on the King.
Judicial review strengthened: The lifting of the Emergency will remove the eclipse of ordinary laws. The possibility of judicial review of executive and legislative measures will be enhanced. Many human rights will be restored.
The demise of hundreds of emergency laws, some conferring preventive detention powers and others excluding due process, will be a defining moment for Malaysian democracy.
However, the euphoria that is bound to be felt as a result of these wholesome developments must be tempered with caution.
New proclamations: The lifting of the 1964 and 1969 emergencies does not prevent the re-issuing of a new proclamation of emergency and the promulgation of new emergency Acts and ordinances, if circumstances so demand.
Subversion laws stay: Even if the Emergency is lifted, Parliament is still armed with anti-subversion powers under Article 149. New security laws under Article 149 have been suggested by the Prime Minister. Existing laws like the Dangerous Drugs Preventive Measures Act will not be affected by the lifting of the Emergency unless the Government sets about to apply the reformative paint brush to them as well.
Police Act remains: Controversial ordinary laws like the Police Act, the Official Secrets Act and the Universities & University Colleges Act will remain in the statute book though, of course, they will face pressure to accommodate the spirit of the times.
Some may, therefore, regard the lifting of the Emergency as merely a cosmetic measure because Articles 149 and 150 still arm the Government and Parliament with massive power to suspend constitutional guarantees.
Such a perspective is unduly cynical. It amounts to an all-or-nothing attitude. Whatever reforms are adopted and implemented must be welcomed. They may be harbingers of new things to come. They will certainly set a new mood and may be the catalyst and impetus for further improvements to the human rights scene.
A government receptive to the lifting of the Emergency cannot be indifferent to improving the situation of laws under Article 149.
All in all, one must applaud the Prime Minister's courage, his willingness to listen to the voice of the people, his receptiveness to the felt necessities of the times, and his exhilarating agenda for reform.
The Attorney-General's office also deserves congratulations for advising the Prime Minister on the incongruence between the rule of law and the state of emergency lasting 47 years.
So, let Sept 16, 2011 go down in our history as “a joyous daybreak” to end the long night of the Emergency.
> Datuk Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.
The Prime Minister pointed to a number of changes that he intends to bring to the country. Many of these proposals will have massive positive implications for the country's legal system, its administration of justice and the sovereignty of law over personal discretion. He promised that:
> The emergency proclamations that are in operation will be presented to Parliament for annulment;
> The Internal Security Act will be repealed but replaced with two security laws framed under the Constitution's anti-subversion provision of Article 149;
> The Restricted Residence Act and the Banishment Act will be brought to an end; and
> The much-criticised Printing Presses and Publications Act will be amended.
It will take some time and considerable research to fathom the full implications of the above pronouncements. Needless to say, the impact on the legal life of the community, the rights of the citizens, the powers of the Home Minister and the police will be monumental.
The rule of law will be strengthened and the days of the omnipotence of the Government will come to an end. Looking at the implications of the lifting of the Emergency, the following salient features of emergency laws must be noted:
Ordinary legal system eclipsed: Under Article 150, once a proclamation of emergency by the Yang di-Pertuan Agong is gazetted, the floodgates are lifted and legislative powers of Parliament are greatly broadened. Parliament can make laws that violate, suspend or bypass any constitutional provision except six items in Article 150(6A).
All fundamental rights except freedom of religion can be violated. The federal-state division of powers can be disturbed and state powers usurped.
Emergency laws do not require a two-thirds majority. Neither do they require the consent of the Conference of Rulers or the Yang di-Pertua Negeri of Sabah and Sarawak.
Judicial review on constitutional grounds is ousted because of Article 150(6).
An emergency law has no time limit and can continue as long as the emergency lasts.
Malaysia has been under such a state of emergency continuously since 1964. For all practical purposes, an emergency legal system eclipsed the ordinary legal system for the last 47 years.
The King's power to make laws: As with the powers of Parliament, the powers of the federal executive are immensely enlarged during an emergency.
The Yang di-Pertuan Agong acquires plenary and parallel ordinance-making powers under Article 150(2B) as long as the two houses of Parliament are not sitting concurrently.
The executive's power of ordinance-making is as large as Parliament's power of legislation. The entire Constitution can be suspended except for six topics in Article 150(6A).
Since 1964, the Yang di-Pertuan Agong has promulgated nearly 92 emergency ordinances. Among these is the Emergency, Public Order and Prevention of Crime Ordinance, which is a favourite with the police and which results in more preventive detentions than even the Internal Security Act.
Executive power to give instructions: Under Article 150, the Federal Government acquires powers to give directions to the states in contradiction with the meticulous federal-state division of powers.
If the emergency proclamations are repealed, what effect will that have on the legal system?
Restoration of normal laws: If the two proclamations of national emergency in 1964 and 1969 are repealed, the country will return to the normal operation of the constitutional system.
The five or so emergency laws made by Parliament under the authority of these proclamations will cease to operate. Any detention under these laws will have to be terminated.
Emergency ordinances will end: As with the emergency laws enacted by Parliament, the 90 or so emergency ordinances promulgated by the Yang di-Pertuan Agong (and the hundreds of subsidiary laws made thereunder) will also cease operation.
However, the cessation of emergency laws is not immediate. Under Article 150(7), there is a grace period of six months during which the emergency laws may still continue to operate. Once the six months expire, the expiry of the laws is automatic and no individual repeal is necessary. However, no action (e.g. for damages) can be taken for anything validly done under previous laws.
Some may wonder whether the Yang di-Pertuan Agong, in his discretion, may refuse the Prime Minister's advice to restore the rule of law and to lift the proclamations of emergencies?
In a long line of other cases, it has been held that emergency rule does not alter the position of the Yang di-Pertuan Agong as a constitutional monarch bound to act on advice.
The case of PP v Mohd Amin Mohd Razali (2000) altered the law slightly: it held that during the dissolution of Parliament, the Yang di-Pertuan Agong is not bound by the caretaker government's advice on emergency matters.
Amin is, of course, not relevant to the Prime Minister's speech last night because Parliament is not under dissolution and the Prime Minister's advice is binding on the King.
Judicial review strengthened: The lifting of the Emergency will remove the eclipse of ordinary laws. The possibility of judicial review of executive and legislative measures will be enhanced. Many human rights will be restored.
The demise of hundreds of emergency laws, some conferring preventive detention powers and others excluding due process, will be a defining moment for Malaysian democracy.
However, the euphoria that is bound to be felt as a result of these wholesome developments must be tempered with caution.
New proclamations: The lifting of the 1964 and 1969 emergencies does not prevent the re-issuing of a new proclamation of emergency and the promulgation of new emergency Acts and ordinances, if circumstances so demand.
Subversion laws stay: Even if the Emergency is lifted, Parliament is still armed with anti-subversion powers under Article 149. New security laws under Article 149 have been suggested by the Prime Minister. Existing laws like the Dangerous Drugs Preventive Measures Act will not be affected by the lifting of the Emergency unless the Government sets about to apply the reformative paint brush to them as well.
Police Act remains: Controversial ordinary laws like the Police Act, the Official Secrets Act and the Universities & University Colleges Act will remain in the statute book though, of course, they will face pressure to accommodate the spirit of the times.
Some may, therefore, regard the lifting of the Emergency as merely a cosmetic measure because Articles 149 and 150 still arm the Government and Parliament with massive power to suspend constitutional guarantees.
Such a perspective is unduly cynical. It amounts to an all-or-nothing attitude. Whatever reforms are adopted and implemented must be welcomed. They may be harbingers of new things to come. They will certainly set a new mood and may be the catalyst and impetus for further improvements to the human rights scene.
A government receptive to the lifting of the Emergency cannot be indifferent to improving the situation of laws under Article 149.
All in all, one must applaud the Prime Minister's courage, his willingness to listen to the voice of the people, his receptiveness to the felt necessities of the times, and his exhilarating agenda for reform.
The Attorney-General's office also deserves congratulations for advising the Prime Minister on the incongruence between the rule of law and the state of emergency lasting 47 years.
So, let Sept 16, 2011 go down in our history as “a joyous daybreak” to end the long night of the Emergency.
> Datuk Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.
Greater civil liberties and democratic reforms under sweeping changes
Malaysians received a significant Malaysia Day present in the form of greater civil liberties and democratic reforms under sweeping changes announced by Prime Minister Datuk Seri Najib Tun Razak. Saying that the country is evolving and the people wanted more freedom, Najib outlined the historic announcement in his Malaysia Day eve address that was telecast live on TV.
The changes, he stressed, were to accommodate and realise a mature, modern and functioning democracy; to preserve public order, enhance civil liberty and maintain racial harmony.
All these changes will need to be tabled in Parliament.
- In its place, two new laws will be enacted to safeguard peace and order the detention period will be reduced and can only be extended by the courts, except in cases involving terrorism.
>Three remaining emergency proclamations to be lifted are:
- Emergency 1969, Emergency 1966 (Sarawak) and Emergency 1977 (Kelantan).
>Banishment Act 1959 will also be repealed.
>The annual licence renewal requirement for newspapers and publications will be replaced with a one-off permit by reviewing the Printing Presses and Publications Act 1984.
>Reviewing the Restricted Residence Act 1933.
>Allowing greater freedom to assemble by reviewing Section 27 of the Police Act 1967 by taking into consideration Article 10 of the Federal Constitution which guarantees every citizen with the right to freedom of speech and assembly
The changes, he stressed, were to accommodate and realise a mature, modern and functioning democracy; to preserve public order, enhance civil liberty and maintain racial harmony.
All these changes will need to be tabled in Parliament.
Six of the best
>The Internal Security Act (ISA) 1960 will be repealed.- In its place, two new laws will be enacted to safeguard peace and order the detention period will be reduced and can only be extended by the courts, except in cases involving terrorism.
>Three remaining emergency proclamations to be lifted are:
- Emergency 1969, Emergency 1966 (Sarawak) and Emergency 1977 (Kelantan).
>Banishment Act 1959 will also be repealed.
>The annual licence renewal requirement for newspapers and publications will be replaced with a one-off permit by reviewing the Printing Presses and Publications Act 1984.
>Reviewing the Restricted Residence Act 1933.
>Allowing greater freedom to assemble by reviewing Section 27 of the Police Act 1967 by taking into consideration Article 10 of the Federal Constitution which guarantees every citizen with the right to freedom of speech and assembly
Full text of Prime Minister 's Malaysia Day message
Full text of Prime Minister Datuk Seri Najib Tun Razak's Malaysia Day message.
My beloved Malaysians,
1. Praise be to God, with His permission and kindness, we are able to observe the 48th anniversary of the formation of Malaysia as an independent, sovereign, democratic, peaceful and prosperous nation.
2. The story of Malaysia is colourful indeed. We have evolved from a low-income agricultural country at birth into a moderately high-income modern industrialised nation today, as a result of systematic planning and sustainable implementation. Although our success has been monumental and most significant, it does not give us any reason to stop trying, feel satisfied and comfortable or take it easy.
3. For the continued survival and prosperity of the people in the highly competitive world of today, let us redouble our efforts to improve the national competitiveness through creativity and innovation and by stretching our resources in creating new wealth based on independent entrepreneurship. It may not be able to realise all these objectives without national unity, peace, stability and harmony.
My beloved Malaysians,
4. Reflecting on history, when the country achieved independence 54 years ago and became Malaysia six years thence with Sabah and Sarawak, many local people and foreign observers questioned whether a new nation, with half the population living below the poverty line, having a demographic diversity of unusual complexity, separated by the South China Sea and threatened with a communist uprising, could remain intact as a nation state, let alone be successful.
5. Evidently, Malaysia's achievements thus far, garnered through trial and error, were destined to be full of challenges. Looking at history, like a miracle in the early age of a newly independent nation, the challenges became all the more acute with the early adoption of a system and philosophy of national administration based on parliamentary democracy, constitutional monarchy and a federation when the acculturation process had yet to mature.
6. Prior to independence, the people of the 13 states which came together to form Malaysia never had the opportunity to choose a ruling government or even the pattern of its administration. Their existence was merely as citizens of colonial states accorded limited political privileges at the discretion of the administrators. Certainly, this is not a genuine political right arising from the citizenship of an independent and sovereign state.
7. Before independence, the people were given limited opportunity to choose their representatives, first in the municipal elections of 1952 and then in the election of some members of the federal legislative council in 1955. It was only after 1959, following independence, that the people began to be given the full right and responsibility to elect all members of the Dewan Rakyat and state legislative assemblies with the absolute discretion in determining the party that would form the government.
My beloved Malaysians,
8. Of course, we should be thankful because, from time to time, we were able to overcome every internal and external impediment which threatened democracy and personal freedom, such as the communist uprising, confrontation against the formation of Malaysia, racial riots, economic recession, religious extremism or racial chauvinism through prudent, democratic action based on the principles of supremacy of the constitution and rule of law.
9. It should also be remembered that during that period it never at all occurred to the government to switch the existing system of parliamentary democracy and constitutional monarchy to any anti-democratic system, no matter how tough the challenges faced. As recorded in the chronology of the country, owing to the May 13 tragedy, the Yang di-Pertuan Agong, acting on the advice of the Prime Minister then in accordance with Article 150 of the Federal Constitution, declared an emergency.
10. One of the effects arising from the declaration of the 1969 emergency was that the uncompleted election process in Sabah and Sarawak was suspended. The subsequent development was that the Dewan Rakyat elections were carried out within a period of approximately 20 months later and the system of Parliamentary Democracy was revived when the country was stable again.
11. Nevertheless, the late Tun Abdul Razak, as the Deputy Prime Minister and Defence Minister then, who was entrusted to head the National Operations Council or MAGERAN, with absolute executive and legislative powers, never had the intention to retain the power longer than necessary.
12. It was abundantly clear that the late Tun together with his colleagues then were fully aware that the limitless extraordinary powers that they held could not be made a habitude for the sake of our beloved country's future. Instead, they appreciated that the absolute power was merely a trust to curb and prevent any tragedy and chaos.
My beloved Malaysians,
13. In fact, as a country that practices parliamentary democracy, the power to determine which political party would form the government, whether at the federal or state level, lies absolutely and without exception in the hands of the people. After more than 50 years of independence and almost five decades of Malaysia's formation, we find that the experience, maturity and wisdom of the people in the country in choosing a government that could ensure that the future they aspired for could not be denied by anyone else.
14. In fact, I have often pointed out that the era where the government knew everything and owned a monopoly on wisdom has long gone. The revolution in the fields of information technology, development in communication and sophistication in transportation had opened up competition as well as a wide and dynamic comparison in the ideas market.
15. Currently, public access to all levels of education is expanding in line with the corpus of knowledge that they possess. At the same time, sustainable economic growth, the reduction in the poverty rate and the social engineering initiatives and their effectiveness, have succeeded in raising the standard of living and created a significant middle class. Now, the preference and requirements of Malaysians have undergone massive changes compared to four or five decades ago.
16. Moving further ahead, administering a nation that emerged from the independence driven by the wishes of the people, the government is now committed towards upholding the system of Parliamentary Democracy, Constitutional Monarchy, rule of law, the federation philosophy and principles of checks and balances between the three branches of the government.
My beloved Malaysians,
17. As many of you know, except for the emergency resulting from the (Indonesian) Confrontation of 1964 which has been implicitly revoked, all proclamations of emergency before this are still in force. Hence, realising the changing realities, taking the pulse of the nation and feeling the restlessness of the people aspiring for a more open Malaysia with a dynamic democracy where the views, ideas and concerns of the masses are given greater attention so that our system would be comparable to the other democracies of the world that are based on the philosophy "of the people, by the people, and for the people", the government will present a motion, under Clause 3 Article 150 of the Federal Constitution, to the two houses of Parliament for the three proclamations of emergency to cease being in force. It is time for Malaysia to forge ahead with a new paradigm based on new hope and not be constrained by nostalgia for the past.
18. In our nation building, while facing extraordinary circumstances threatening the security of the country and the well-being of the people, sometimes measures outside the norms of democracy had been called for. For example, preventive detention. Prudence in handling terrorism calls for preventive measures to protect innocent lives and property. This is a universally accepted truth.
19. From an Islamic perspective, this (preventive principle) is contained in the Syariah law aimed at protecting religion, lives, minds, ancestry and dignity, and property. The discipline of Syariah methodology deals at length with the need to prevent evil. One principle states that the ruler was entrusted to make a decision for the good of the many.
20. This is not anything strange, unusual or isolated. Advanced democratic nations like the United States and United Kingdom had formulated special legislation to handle terrorism after the September 11 tragedy.
21. The checks and balances that must exist in a modern democracy are between national security and personal freedom. Finding the right balance is the duty and responsibility of a government whose highest objective is the wellbeing of the people.
22. For example, the freedom of expression guaranteed in the Federal Constitution does not mean a right to slander and stoke the fires of hate. The government is also responsible, to take another example, of preventing anyone in a packed stadium raising a false alarm of a bomb. An out-of-control freedom like this will cause panic leading to injury and loss of lives.
My beloved Malaysians,
23. I promised in the maiden speech I made when I took over as the country's Prime Minister on April 3, 2009, that the Internal Security Act (ISA) 1960 will be reviewed comprehensively. As such, I would like to announce on this historic night that the Internal Security Act (ISA) 1960 will be abolished.
24. As a means of preventing subversive activities, organised terrorism and crime to maintain peace and public order, two new pieces of legislation will be formulated under Article 149 of the Federal Constitution. Basically, these laws will be aimed at maintaining peace and wellbeing.
25. Above all, the government will ensure that the rights of those involved will be safeguarded. Legislation formulated will take into consideration fundamental rights and freedom based on the Federal Constitution. The new laws will provide for a substantially shorter duration of police custody and further detention can only be made with a court order, except laws pertaining to terrorism which will remain under the jurisdiction of the minister.
26. On the other hand, the government also gives its commitment that no individual will be arrested merely on the point of political ideology. In general, the power to extend the detention period will shift from the executive to judiciary, except for the laws pertaining to terrorism.
27. In this context, besides abolishing the Internal Security Act (ISA) 1960, the government will also abolish the Banishment Act 1959 and review several other laws to ensure that they meet current requirements. Hence, we will not hesitate to amend or abolish laws that are no longer relevant.
28. The comprehensive review will involve the Restricted Residence Act 1933 and the Printing Presses and Publications Act 1984 where the annual renewal principle will be abolished and replaced with the issuance of a licence until and unless revoked. The government will also review Section 27 of the Police Act 1967 by taking into consideration the provision under Article 10 of the Federal Constitution on freedom of assembly, but with a principle that is strongly against street demonstration. Nevertheless, the approval to assemble will be given in accordance with methods that will be outlined later and after taking into consideration international norms.
My beloved Malaysians,
29. As a country, Malaysia and its citizens are at a crossroads. The choice we make today will determine the fate and the future facade of Malaysia, the motherland which we will pass on to our children and the generations to come. The question is, can we rise beyond, and challenge, conventional wisdom that we as plural Malaysians, with varying economic status and political ideologies, can come to a consensus to not to bow and give in to the ember of hatred and suspicions, which will surely drag us to the valley of disgrace. On the other hand, come and let us power a future that is filled with hope and dignity.
30. Let us have faith, that it is a strength and not a weakness to put our trust in the wisdoms of Malaysians in determining our future. If we take this as a mistake, what then is the meaning of our achievement today, what is the use of planning the country's development in a structured way since merdeka, what is the use of spending most of the country's resources each year to give access to quality education to the people, to free the people from the clasp of poverty, to build physical infrastructure and world-class information communication technology?
31. The answer is clear, that is, the measures which I have just announced are a precursor to an orderly and prudent political transformation. This is an important and necessary complement to the initiatives in the economic field and public delivery which the government has formulated and implemented since more than two years back in the effort to move towards becoming a modern and progressive nation.
32. What is certain is that time is not too early neither it is too late; this is the most opportune time for us to make and implement these major changes. We are absolutely aware that, although some my think it is risky, we are doing this for our survival after 50 years of independence, after nearly five decades of Malaysia's nationhood. We are indeed galloping forth towards our destination to become a full-fledged developed nation.
My beloved Malaysians,
33. Finally, I would like to stress in no uncertain term that Malaysia which we dream of and one that we are currently building, is Malaysia which practices functional and inclusive democracy, where peace and public order are safeguarded in line with the supremacy of the Constitution, the rule of law and respect for basic human rights and individual rights. For Malaysia, let's do our best and leave the rest to God.
My beloved Malaysians,
1. Praise be to God, with His permission and kindness, we are able to observe the 48th anniversary of the formation of Malaysia as an independent, sovereign, democratic, peaceful and prosperous nation.
2. The story of Malaysia is colourful indeed. We have evolved from a low-income agricultural country at birth into a moderately high-income modern industrialised nation today, as a result of systematic planning and sustainable implementation. Although our success has been monumental and most significant, it does not give us any reason to stop trying, feel satisfied and comfortable or take it easy.
3. For the continued survival and prosperity of the people in the highly competitive world of today, let us redouble our efforts to improve the national competitiveness through creativity and innovation and by stretching our resources in creating new wealth based on independent entrepreneurship. It may not be able to realise all these objectives without national unity, peace, stability and harmony.
My beloved Malaysians,
4. Reflecting on history, when the country achieved independence 54 years ago and became Malaysia six years thence with Sabah and Sarawak, many local people and foreign observers questioned whether a new nation, with half the population living below the poverty line, having a demographic diversity of unusual complexity, separated by the South China Sea and threatened with a communist uprising, could remain intact as a nation state, let alone be successful.
5. Evidently, Malaysia's achievements thus far, garnered through trial and error, were destined to be full of challenges. Looking at history, like a miracle in the early age of a newly independent nation, the challenges became all the more acute with the early adoption of a system and philosophy of national administration based on parliamentary democracy, constitutional monarchy and a federation when the acculturation process had yet to mature.
6. Prior to independence, the people of the 13 states which came together to form Malaysia never had the opportunity to choose a ruling government or even the pattern of its administration. Their existence was merely as citizens of colonial states accorded limited political privileges at the discretion of the administrators. Certainly, this is not a genuine political right arising from the citizenship of an independent and sovereign state.
7. Before independence, the people were given limited opportunity to choose their representatives, first in the municipal elections of 1952 and then in the election of some members of the federal legislative council in 1955. It was only after 1959, following independence, that the people began to be given the full right and responsibility to elect all members of the Dewan Rakyat and state legislative assemblies with the absolute discretion in determining the party that would form the government.
My beloved Malaysians,
8. Of course, we should be thankful because, from time to time, we were able to overcome every internal and external impediment which threatened democracy and personal freedom, such as the communist uprising, confrontation against the formation of Malaysia, racial riots, economic recession, religious extremism or racial chauvinism through prudent, democratic action based on the principles of supremacy of the constitution and rule of law.
9. It should also be remembered that during that period it never at all occurred to the government to switch the existing system of parliamentary democracy and constitutional monarchy to any anti-democratic system, no matter how tough the challenges faced. As recorded in the chronology of the country, owing to the May 13 tragedy, the Yang di-Pertuan Agong, acting on the advice of the Prime Minister then in accordance with Article 150 of the Federal Constitution, declared an emergency.
10. One of the effects arising from the declaration of the 1969 emergency was that the uncompleted election process in Sabah and Sarawak was suspended. The subsequent development was that the Dewan Rakyat elections were carried out within a period of approximately 20 months later and the system of Parliamentary Democracy was revived when the country was stable again.
11. Nevertheless, the late Tun Abdul Razak, as the Deputy Prime Minister and Defence Minister then, who was entrusted to head the National Operations Council or MAGERAN, with absolute executive and legislative powers, never had the intention to retain the power longer than necessary.
12. It was abundantly clear that the late Tun together with his colleagues then were fully aware that the limitless extraordinary powers that they held could not be made a habitude for the sake of our beloved country's future. Instead, they appreciated that the absolute power was merely a trust to curb and prevent any tragedy and chaos.
My beloved Malaysians,
13. In fact, as a country that practices parliamentary democracy, the power to determine which political party would form the government, whether at the federal or state level, lies absolutely and without exception in the hands of the people. After more than 50 years of independence and almost five decades of Malaysia's formation, we find that the experience, maturity and wisdom of the people in the country in choosing a government that could ensure that the future they aspired for could not be denied by anyone else.
14. In fact, I have often pointed out that the era where the government knew everything and owned a monopoly on wisdom has long gone. The revolution in the fields of information technology, development in communication and sophistication in transportation had opened up competition as well as a wide and dynamic comparison in the ideas market.
15. Currently, public access to all levels of education is expanding in line with the corpus of knowledge that they possess. At the same time, sustainable economic growth, the reduction in the poverty rate and the social engineering initiatives and their effectiveness, have succeeded in raising the standard of living and created a significant middle class. Now, the preference and requirements of Malaysians have undergone massive changes compared to four or five decades ago.
16. Moving further ahead, administering a nation that emerged from the independence driven by the wishes of the people, the government is now committed towards upholding the system of Parliamentary Democracy, Constitutional Monarchy, rule of law, the federation philosophy and principles of checks and balances between the three branches of the government.
My beloved Malaysians,
17. As many of you know, except for the emergency resulting from the (Indonesian) Confrontation of 1964 which has been implicitly revoked, all proclamations of emergency before this are still in force. Hence, realising the changing realities, taking the pulse of the nation and feeling the restlessness of the people aspiring for a more open Malaysia with a dynamic democracy where the views, ideas and concerns of the masses are given greater attention so that our system would be comparable to the other democracies of the world that are based on the philosophy "of the people, by the people, and for the people", the government will present a motion, under Clause 3 Article 150 of the Federal Constitution, to the two houses of Parliament for the three proclamations of emergency to cease being in force. It is time for Malaysia to forge ahead with a new paradigm based on new hope and not be constrained by nostalgia for the past.
18. In our nation building, while facing extraordinary circumstances threatening the security of the country and the well-being of the people, sometimes measures outside the norms of democracy had been called for. For example, preventive detention. Prudence in handling terrorism calls for preventive measures to protect innocent lives and property. This is a universally accepted truth.
19. From an Islamic perspective, this (preventive principle) is contained in the Syariah law aimed at protecting religion, lives, minds, ancestry and dignity, and property. The discipline of Syariah methodology deals at length with the need to prevent evil. One principle states that the ruler was entrusted to make a decision for the good of the many.
20. This is not anything strange, unusual or isolated. Advanced democratic nations like the United States and United Kingdom had formulated special legislation to handle terrorism after the September 11 tragedy.
21. The checks and balances that must exist in a modern democracy are between national security and personal freedom. Finding the right balance is the duty and responsibility of a government whose highest objective is the wellbeing of the people.
22. For example, the freedom of expression guaranteed in the Federal Constitution does not mean a right to slander and stoke the fires of hate. The government is also responsible, to take another example, of preventing anyone in a packed stadium raising a false alarm of a bomb. An out-of-control freedom like this will cause panic leading to injury and loss of lives.
My beloved Malaysians,
23. I promised in the maiden speech I made when I took over as the country's Prime Minister on April 3, 2009, that the Internal Security Act (ISA) 1960 will be reviewed comprehensively. As such, I would like to announce on this historic night that the Internal Security Act (ISA) 1960 will be abolished.
24. As a means of preventing subversive activities, organised terrorism and crime to maintain peace and public order, two new pieces of legislation will be formulated under Article 149 of the Federal Constitution. Basically, these laws will be aimed at maintaining peace and wellbeing.
25. Above all, the government will ensure that the rights of those involved will be safeguarded. Legislation formulated will take into consideration fundamental rights and freedom based on the Federal Constitution. The new laws will provide for a substantially shorter duration of police custody and further detention can only be made with a court order, except laws pertaining to terrorism which will remain under the jurisdiction of the minister.
26. On the other hand, the government also gives its commitment that no individual will be arrested merely on the point of political ideology. In general, the power to extend the detention period will shift from the executive to judiciary, except for the laws pertaining to terrorism.
27. In this context, besides abolishing the Internal Security Act (ISA) 1960, the government will also abolish the Banishment Act 1959 and review several other laws to ensure that they meet current requirements. Hence, we will not hesitate to amend or abolish laws that are no longer relevant.
28. The comprehensive review will involve the Restricted Residence Act 1933 and the Printing Presses and Publications Act 1984 where the annual renewal principle will be abolished and replaced with the issuance of a licence until and unless revoked. The government will also review Section 27 of the Police Act 1967 by taking into consideration the provision under Article 10 of the Federal Constitution on freedom of assembly, but with a principle that is strongly against street demonstration. Nevertheless, the approval to assemble will be given in accordance with methods that will be outlined later and after taking into consideration international norms.
My beloved Malaysians,
29. As a country, Malaysia and its citizens are at a crossroads. The choice we make today will determine the fate and the future facade of Malaysia, the motherland which we will pass on to our children and the generations to come. The question is, can we rise beyond, and challenge, conventional wisdom that we as plural Malaysians, with varying economic status and political ideologies, can come to a consensus to not to bow and give in to the ember of hatred and suspicions, which will surely drag us to the valley of disgrace. On the other hand, come and let us power a future that is filled with hope and dignity.
30. Let us have faith, that it is a strength and not a weakness to put our trust in the wisdoms of Malaysians in determining our future. If we take this as a mistake, what then is the meaning of our achievement today, what is the use of planning the country's development in a structured way since merdeka, what is the use of spending most of the country's resources each year to give access to quality education to the people, to free the people from the clasp of poverty, to build physical infrastructure and world-class information communication technology?
31. The answer is clear, that is, the measures which I have just announced are a precursor to an orderly and prudent political transformation. This is an important and necessary complement to the initiatives in the economic field and public delivery which the government has formulated and implemented since more than two years back in the effort to move towards becoming a modern and progressive nation.
32. What is certain is that time is not too early neither it is too late; this is the most opportune time for us to make and implement these major changes. We are absolutely aware that, although some my think it is risky, we are doing this for our survival after 50 years of independence, after nearly five decades of Malaysia's nationhood. We are indeed galloping forth towards our destination to become a full-fledged developed nation.
My beloved Malaysians,
33. Finally, I would like to stress in no uncertain term that Malaysia which we dream of and one that we are currently building, is Malaysia which practices functional and inclusive democracy, where peace and public order are safeguarded in line with the supremacy of the Constitution, the rule of law and respect for basic human rights and individual rights. For Malaysia, let's do our best and leave the rest to God.
Subscribe to:
Posts (Atom)