Pakatan Rakyat (PR) Social Political Buzz & Bulls

DAP seeks full disclosure on KLIA2 costs

KUALA LUMPUR: DAP today asked Transport Minister Kong Cho Ha to give full disclosure on the construction of the new low cost carrier terminal (LCCT) in the wake of a news report about its cost ballooning.

The party's publicity chief, Tony Pua, said he would demand investigations by the Public Accounts Committee and the Auditor-General if Kong failed to provide details on costs and work schedule.

The Edge Financial Daily reported yesterday that the cost of the new LCCT, dubbed KLIA2, might have increased significantly from the original estimate of RM2 billion to RM2.5 billion.

The project is spearheaded by the Transport Ministry.

Pua, speaking to reporters in the Parliament lobby, said Kong "must provide full clarification and justification as to why he has failed to manage and control the cost of the new airport."

He also demanded an explanation for the delay of the project, as announced recently by Malaysia Airports Holdings Berhad (MAHB) managing director Bashir Ahmad.

He said the cost increase would mean higher airport fees, despite MAHB officials saying, according to The Edge, that this was not necessarily so.

One of the officials said the additional cost could be recouped from non-aeronautical revenues such as airport retail. According to him, airport charges are not based on the cost of building the airport and the return on investment for KLIA2 is based solely on non-aeronautical income.

But Pua dismissed the explanation and insisted that the "higher cost will be translated into higher airport taxes or charges".

History of failures

He said the ballooning of KLIA2's cost was another addition to the "list of MCA transport ministers' incompetence".

"MCA ministers of transport have a history of failing miserably in managing project costs, resulting in the rakyat having to bear the burden of billions of ringgit in cost overruns such as in the RM12.5 billion Port Klang Free Zone debacle."

In early 2009, Sime Darby, in partnership with budget carrier AirAsia, proposed to privately fund the construction of a new LCCT in Labu at the cost of RM1.6 billion.

However, the government rejected the proposal, partly due to MAHB's promise to build a new LCCT at KLIA for less than RM2 billion.

The project was due for completion in June next year, but has now been delayed to 2013.

Also read:

1MDB got prime land for a song, says DAP

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KUALA LUMPUR, 5 Okt -- Ketelusan Pas untuk memperkenalkan undang-undang hudud di negara ini dipersoal kerana perkara itu tidak pun tersenarai dalam Buku Jingga yang diperkenalkan oleh Pakatan Pembangkang. Ketua Penerangan Wanita UMNO, Datuk Hamidah Osman menyifatkan apa dilakukan oleh Pas itu adalah sebagai gimik politik bagi mendapatkan sokongan daripada pengundi Melayu dan Islam. "Pas kata mereka bersungguh untuk menegakkan hukum hudud tetapi nampaknya apa yang dilakukan itu tidak mendapat sokongan daripada rakan mereka dalam pakatan pembangkang. "Mereka (DAP dan PKR) nampaknya lansung tidak menghormati Pas, malah mereka menentang hasrat itu terutamanya DAP, Pas ini boleh diibaratkan seperti melukut di tepi gantang," katanya kepada UMNO-Online. Menurutnya, jika ikhlas ingin memperjuangkan hudud, perkara itu seharusnya dimasukkan dalam Buku Jingga yang menjadi dasar bersama pakatan pembangkang untuk menghadapi pilihan raya umum akan datang. Hamidah yang juga Exco kerajaan negeri Perak hairan bagaimana parti itu boleh menyatakan bahawa mereka akan merealisasikan undang-undang hudud di negara ini apabila pakatan pembangkang memerintah sedangkan jumlah kerusi yang diperuntukkan untuk mereka lebih rendah daripada DAP dan PKR . "Saya pun hairan dengan Pas ini, jumlah kerusi yang diberi kepada Pas kurang daripada DAP dan PKR, jadi macam mana mereka nak laksanakan hudud, sudah pasti mereka tidak akan dapat sokongan daripada kedua parti itu. "Di Pulau Pinang, Pas menyatakan ... Video Rating: 2 / 5



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Curbs on assembly: ‘Withdraw the Bill’

KUALA LUMPUR: Pakatan Rakyat today voiced its opposition to the Peaceful Assembly Bill which it claimed contradicts the "guarantee" given by Prime Minister Najib Tun Razak to create a freer society.

It is also wants the proposed Bill retracted.

Its leader Anwar Ibrahim said that Pakatan "strongly opposed" the Bill as it showed that Malaysia was regressive as other countries moved forward.

"There are many new terms (in the Bill) that give absolute power to the police… including a provision that one must make an appeal to the Home Minister.

"We are the one country in the world that passes more oppressive laws than Myanmar (which is promoting a more democratic society) ," he said after the Pakatan presidential leadership meeting here.

Pakatan leaders voiced their dissatisfaction with the Bill and promised a heated discussion over the matter when it is debated tomorrow.

The Peaceful Assembly Bill is part of the reforms announced in September by Najib to create a freer society by abolishing many repressive laws such as the Internal Security Act (ISA).

DAP supremo Lim Kit Siang said that the Bill was a "step backwards" from the "mirage" created by Najib in September that Malaysia was "going to be the best democracy in the world".

"The fines – imposing a maximum of RM10,000 and RM 20,000 on people who refuse to disperse – are restrictions which are not even in the current laws… this is undemocratic," said Lim, the Ipoh Timur MP.

More pressure on civil liberties

PAS vice-president Salahuddin Ayub said that the arrests of 13 alleged militants in Tawau, Sabah, under the ISA, and the restraints contained in the Bill showed that there was more pressure on civil liberties in Malaysia.

He also took a swipe at the 30-day notice which must be given to the police to hold an assembly.

"If tomorrow Israel wants to attack Saudi Arabia, we need to wait for 30 days to get a clearance to hold a protest against the Israeli action.

"Also, we are worried if the Bill will affect small political ceramah. Now we only need to give a 10-day notice," he said.

Another party vice-president, Mahfuz Omar, described the proposed Bill as pushing the country "from the mouth of a crocodile into the the mouth of a tiger".

Meanwhile, Pakatan will also hand over a memorandum of protest to get Bill withdrawn to Malaysian Human Rights Commission (Suhakam) tomorrow.

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针对民联的封口令,只要有任何的问题, On the gag order by Pakatan Rakyat, whenever they have problems, 他们就会有封口令, They will issue a gag order. 我们身为人民, As a Malaysian citizen, 认为这不公平, we think this is not fair. 两个月前,为了DAMANSARA的教堂问题, 2 months ago, after the raid on the Damansara Utama Methodist Centre, 他也有封口令, They also issued a gag order. 当时州务大臣说他们过后会公布他们的调查, Mentri Besar Khalid Ibrahim ordered JAIS to prepare a report and said he would announce it to the public. 到今天已经两个月却不了了之, But until now, 2 months have passed and nothing has happened. 是真是假没有人知道,但是来到断肢法What is going on, no one knows, now the hudud law issue appears , 我认为跟所有马来西亚人息息相关, I think this is more related to the daily lives of Malaysians. 这不应该成为争论性的课题, This is not supposed to be a controversial issue. 如果回教党要落实(断肢法),他们应该要公开的讲。 If PAS wants to implement Hudud Law,They should discuss it publicly 有关学校的校地已经是保留给华小,竞智华小, The reserve land has been allocated for SJKC Keng Chee. 但是她(郭素沁)同时还答应给另外一家淡米尔学校, But at the same time she (Teresa Kok) gave it to a Tamil school. 这个也引起我们的讨论,她是否了解自己的工作范围This also caused the confusion.Does she understand what her job scope is? 和身为州行政议员的权力, As a state assemblyman having executive power, 雪州到今天已经执政三年半, For three and half years, Selangor has been under the ... Video Rating: 1 / 5



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KR1M milk: ‘No excessive Vitamin A’

KUALA LUMPUR: The Health Ministry today clarified the controversy surrounding the Kedai Rakyat 1Malaysia (KR1M) children's milk powder allegedly containing over eight times the legal limit of Vitamin A, which may be harmful to children.

Its minister, Liow Tiong Lai, said that based on the tests conducted on the 1Malaysia Growing Up Milk Powder, the ministry found that the the particular product did not exceed the maximum 5000 IU level of Vitamin A as permitted by the Food Regulations Act 1985.

The ministry's test found that the content of vitamin A was 3240 IU/100g. The tests were conducted at the factory manufacturing the product.

"Therefore allegations by certain parties that the growth milk has exceeded the legal limit of Vitamin A are false," Liow told reporters at the Parliament lobby today.

The Growing Up Milk Powder for one-year-olds and other KR1M products were highlighted recently by the opposition, especially Petaling Jaya Utara MP, Tony Pua, who said that the products were substandard and of questionable quality.

In his rebuttal, Liow, the Bentong MP, asked Pua to identify the milk formula allegedly containing excessive level of Vitamin A.

He said that there were two other children's milk formulas sold by KR1M – Infant formula (first day to 12 months) and Follow Up formula (12 months to three-years-old). These two formulas fell under different regulations of the Food Regulations Act and may contain different stipulated nutritional contents.

'Pua confused'

Liow said that Pua was probably confused between the different milk formulas.

"We don't know which product he is looking at," he said.

However, he said that checks on the other controversial product, the KR1M oyster sauce, showed that it did not meet the requirement of the Food Regulations Act.

Samples taken from the factory that produces the oyster sauce showed it contained lower protein levels.

Liow said that the product must be recalled, adding that his ministry will advise the Domestic Trade, Cooperatives and Consumerism Ministry on the matter.

Liow said that his ministry had conducted tests on five other products such as ceylon tea, bihun, sweetened condensed creamer and evaporated creamer to check their nutritional levels.

On allegations that KR1M chilli sauce contains high metal levels, he said that the ministry is still conducting more tests on several other KR1M products.

He said that the ministry will continue to monitor products in the market to ensure they comply with the health regulations.

He also took a swipe at Pua, saying that the DAP MP harboured ill-intentions.

"We need help from the public to alert us on such matters so that we can address them immediately. We have asked Pua to pass us his test samples but he has yet to do so," he said.

"He is not thinking of the health of the public," he added.

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Malaysian version of Peaceful Assembly Act — Lim Sue Goan

NOV 23 — Allowing peaceful assembly is one of the Prime Minister's commitments made on the eve of Malaysia Day, in response to young voters' yearning for democracy. However, the Peaceful Assembly Bill 2011 still has its limitations and it is expected to trigger a controversy.

I believe that the government has referred to foreign laws and taking law enforcement units into consideration. It might include clearly state the organiser's, participant's and the police's responsibilities to the assembly to facilitate the authorities in controlling the situation and grant them the right to take legal actions against the organiser when something unpleasant happens during an assembly.

The proposed Act gives people the right to assemble while allowing the police to enforce law. However, the fly in the ointment is, the hasty formulation of the law does not include consultation with relevant groups and human rights organisations. Moreover, the Malaysian version of Peaceful Assembly Act is more stringent than those of other countries.

Firstly, the proposed Act bans street demonstrations while prohibiting public gatherings in petrol stations, hospitals, fire stations, airports, railways, land public transport terminals, ports, canals, docks, bridges, places of worship, kindergartens, schools, dams and reservoirs. In the US, UK, Germany, France, Japan and Hong Kong, street demonstrations are allowed although they are legally controlled.

The government's and police's stand is, street demonstrations might affect social stability and thus, assemblies are allowed only in stadiums and other controlled areas. However, stadium assemblies will bring different effects compared to street rallies.

Secondly, the proposed Act sets strict conditions for assembly organisers, including children below the age of 15 are prohibited from participating in such assemblies and those who commit the offence may be liable to a fine not exceeding RM10,000. It means that the organisers must have sufficient manpower to check the MyKad of all participants.

Foreign public assembly laws prohibit participants from bringing weapons and the focus is on maintaining social order, instead of the age of participants. For example, the Berlin police stipulated that assembly participants shall not cover their faces to conceal their identities. If parents bring children to a peaceful assembly but it turns violent unexpectedly, the guardians will be responsible and it is not necessary to be emphasised in the Act.

In addition, the Bill states that an organiser must notify the OCPD of an assembly at least 30 days before the date of the gathering. In Germany, a public assembly or demonstration must be registered with the police at least 48 hours before it is held. In the UK, application must be made six days before a general protest is held but it may also be shortened to one day. In Hong Kong, application must be made a week before the assembly while in Tokyo, the organiser must apply 72 hours in advance.

If the people wish to express their dissatisfaction against a real-time issue but fail to do so due to legal constraints, the Peaceful Assembly Act would then be meaningless.

In addition, the proposed Act also states that after notification, the assemblies can proceed, unless there are objections from the police and the police can cite objections of persons who have interests in the assembly. The words "persons who have interests in the assembly" are too general.

Since there are so many disputes, the government should consider withdrawing the Bill and make some amendments based on the public opinion before re-tabling it in Parliament.

There is no need to be in a hurry in making law and the most important thing is, the law must be close to international standards, while the reform agenda is implemented and democracy is promoted, to avoid unnecessary political controversy and friction.

Hopefully, the two new anti-terrorism laws released in March next year will not be too harsh like the Peaceful Assembly Act, which is contrary to the initial objective of reform. — mysinchew.com

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

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Ir.Rosli mengupas isu Kegagalan Ahli Majlis dan Masalah PBT dibawah Pakatan Rakyat



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Amendments to Housing Development ACT: A betrayal!

 

  • It took me 5 days to get the Housing Development Bill (Amendments 2011) since it was presented for the first hearing in the parliament. I had to seek assistance from KPKT, officers at Parliament and YB Zuraida Kamaruddin. Upon seeing it, I felt numb with the feeling of being betrayed by the government. I was told that it took many people in the government and HBA 21/2 years to firm up the changes. It only proves that there are many hidden hands at play and the limited intellectual capacity of many of our government servants. Can you blame the house buyers if they have the perception that government is at the mercy of the developers?

 

  • In Malaysia, developers build houses and make tons of profit using house buyer's money and yet the law did not accord adequate protection to house buyers. The changes gave a cosmetic assurance rather than protection. It created a law that restricts the power of the government in taking action on the developer and made it difficult for the government to prosecute anyone. At the same it gave a useless right to the purchaser to terminate their agreement if a project is abandoned. What's the point of terminating when the government cannot guarantee that it can ensure that the developer will refund the monies paid to them?

 

  • Upon the registration of the association, VICTIMS Malaysia, we requested participation in the committee that is reviewing the law. Our request was turn down on simply the basis that National HBA has represented the house buyers. Who is National HBA? How many members do they have? Despite that we pushed on our proposal directly and indirectly via all available avenues. Nothing was considered. If any we got one consolation prize that apparently the Ministry agrees to our proposal to allow the contra of LAD against progress payment and that will be incorporate in the new regulation.

 

  • My expectation is that the amendments to the ACT should reward good developers and will come down hard on rogue developers who failed to complete the houses within the SPA period. They will empower the Ministry to assist abandon house buyers to get their rights under the SPA. That did not happen. What it did is that it created more bureaucracy and makes it difficult for house buyers to get what is due to them. I am for one is extremely displeased. Obviously in this case "Rakyat tidak didahulukan" or "People NOT First". I wonder who is first!

The amendments  D.R 36/2011 : HERE

Current HDA (ACT 118): HERE

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Pakatan Rakyat MPs have questioned the double standards of the Land Public Transport Commission (or Spad by its Malay acronym) in realigning the MRT tunnel near Damansara in order to bypass property belonging to a VIP. Petaling Jaya Utara Tony Pua revealed at a press conference in the Parliament lobby today that the luxury mansion - which was on the path of the MRT tunnel in the original project plan - has been mysteriously "saved". malaysiakini.com Video Rating: 4 / 5



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Solidarity Rally For MyOverseasVote


Please save Saturday, November 26 free for a solidarity rally in support of the MyOverseasVote campaign and the 8 Demands of Bersih 2.0.

Six Malaysians, who are all based in Britain, have applied to the KL High Court to compel the EC to amend its regulations to allow Malaysians overseas to register as Absent voters.

As the EC regulations stand, only Civil Servants and students who are overseas are allowed to vote with a Postal ballot. All other Malaysian citizens who wish to vote have to return to Malaysia to cast their ballot. The lawsuit aims to put an end to this discriminatory and arbitrary rule.

Permission for Judicial Review was granted by Judge Rohana Yusuff on the 14th November. Constitutional Lawyers Edmund Bon and Edward Saw appeared for the Applicants. The campaign is supported by the MyOverseasVote campaign.

Independent Lawyers from the Bar Council, MyOverseasVote and the Malaysian Centre for Constitutionalism & Human Rights were present to hold a watching brief. The Substantive hearing is fixed for January 3rd, 2012.

The London rally details:

Date: 26 November 2011
Time: 11:00am to 1:00pm
Venue: outside the Malaysian High Commission in London (45 Belgrave Square)

Other Bersih groups around the world will be holding events on the same day:-

Facebook: https://www.facebook.com/pages/Global-Bersih-20/182539641800071?ref=ts


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Pakatan Rakyat has presented its 'shadow budget', which aims to reduce the national deficit to 4.4% of the country's Gross Domestic Product (GDP). Video Rating: 0 / 5



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Implications Of Peaceful Assembly Bill

As far as I'm concerned, this bill is bad news.

1. Those arrested for protesting on the streets can be fined up to RM20,000

2. No one under 16 can attend or participate

3. No one under 21 can organise a protest

4. It cannot be held near certain public areas

5. Appeals go to the Home Minister, not the courts -- this gives the police absolute power as they come under the jurisdiction of the home ministry.

This bill frankly undermines the Constitution.
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4 Oktober 2011 - Penggulungan Rang Undang2 Perikanan Pindaan 2011 - MP Pakatan Rakyat Video Rating: 0 / 5



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NFC received loan before signing contract says PAC...

NONEThe National Feedlot Corporation (NFC) was able to withdrawn its RM250 million soft loan from the government even before a contract with the government was signed.

This was revealed by Public Accounts Committee (PAC) chairperson Azmi Khalid (right) after the committee interviewed several Agriculture and Agro-based Industries Ministry officers today.

"In this case, the money was disbursed in 2009 into a special account which needs the (relevant) ministry's approval, to be withdrawn for the company's operations.

"But only after the money was disbursed (in 2009) was the contract signed a year later in 2010," Azmi told reporters.


He said that other problems with the NFC uncovered by the PAC were poor management, delays in approval and changes in goals.

PAC 'fed up' with fund mismanagement

Agriculture and Agro-based Industries secretary-general Che Mohd Hashim Abdullah and his predecessor Mohd Mokhtar Ismail were among some dozen other officers present today.

The practice, despite its shortcomings, is still largely exercised by government departments across the board, he said.

"2008, 2009, 2010 and now in 2011... year after year, the PAC deals with the same problem... We see this as an indication that our management system is something that should be viewed again and reviewed ," Azmi complained.

The PAC and the people, he added, were 'fed up' with this annual debacle and the BN government was being cast i! n negati ve light because of this.

NFC's operations have attracted negative comments in the 2010 Auditor-General's Report, which said the project was "in a mess".

Among the accusations made by PKR were that part of the loan had been abused to benefit a federal minister and her family members.

Although both the government and NFC have denied all the claims, PAC acted on queries raised by MPs in Parliament and began its investigations today.

Urgent revamp needed

The urgency to revamp the government's fiscal management system was crucial, Azmi said, since government agencies were now directly involved in approving and overseeing business orientated projects.

"Their (the civil service staff) intentions may be good, even planning might be good... but the lack of coordination and weak management, and most of all, delay in this and that...

"If we ask the departments, they will give us a myriad of excuses. They will say they did everything correctly. It is true that their intentions are good, but it is the implementation that is being questioned," he reiterated.

"Therefore, we have decided to call all the ministries involved to see what can be done and revamp the way we manage things," Azmi said.

The Finance and Agriculture and Agro-based Industries ministries, he added, would be called in again in January, along with the NFC management.

PAC dapati projek lembu banyak kelemahan

source:malaysiakini

cheers.

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4 Oktober 2011 - Penggulungan Rang Undang2 Veteran 2011 - MP Pakatan Rakyat Video Rating: 0 / 5



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A plainly dishonest government — Lucius Goon

NOV 23 — Dishonest. This one word sums up the people who govern Malaysians and who have the reins of power.

It is all deception and double talk from the prime minister downwards. Promises of reform are nothing but nicely packaged moves to remain in power. I can only surmise that Putrajaya has been watching the Arab Spring with some fear, wondering when Malaysians will tire of the rising corruption and abuse of power, and kick out the incumbents.

So, instead of being swept away one day, they decided to throw some crumbs at the populace under the guise of liberal reforms. Of course, they had no intention of giving Malaysians any real freedoms; only the mirage of more space.

Najib Razak and gang have tabled the Peaceful Assembly Bill 2011 under the guise of allowing Malaysians more democratic space. But it is anything but democratic, because it gives the police more powers, outlaws spontaneous street protests and put more obstacles in front of the constitutional right of assembly.

This is the government's sleight of hand trick. The Attorney-General and the government were spooked by the success of Bersih 2.0 and knew that they had to respond in a way to make sure that there will be no more protests against the establishment. But they could not just outlaw gathering, they had to soft sell it under the cover of new legislation.

Nobody gives 30 days' advance notice when they want to protest unless it is some long-standing trade union matter. In addition, under the proposed law, if Umno raises objection to Bersih 3.0, then the police will not give permission for an assembly.

The fact is that the Najib government never intended to open up space; the Peaceful Assembly Bill is aimed at ensuring that this government does not fall to an uprising.

They hope that by throwing some grand-sounding legislation, they will convince Malaysians that they are responding to calls for more democratic space.

This is a dishonest piece of legislation by a dishonest government and a law drafted by an Attorney-General whose honesty has been shredded to pieces by allegations made by a former senior cop.

So should we be surprised that this same government is happily standing on the sidelines and watching the National Feedlot scandal unfold without any condemnation?

How can a patently dishonest government be expected to show outrage at tactics and governance right out of their own manual?

* Lucius Goon reads The Malaysian Insider.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

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Ranting (Cawangan) Kg.Melayu, Ulu Kinta dengan sempurnanya telah dirasmikan oleh Y.Bhg Tuan Dr. Muhammad Nur Manuty Pengerusi Majlis Pimpinan Keadilan Negeri Perak merangkap Ketua Penerangan Keadilan Pusat dan Uztaz Zulkifly Ibrahim ketua Cabang Tambun di Pejabat Pusat Khidmat Rakyat DUN Hulu Kinta Muhamad Arafat Bin Mahamad Pengerusi Keadilan Ranting Kg.Melayu ,Ulu Kinta merangkap Naib Ketua Keadilan Cabang Tambun berkata kawasan Kg Melayu , Ulu Kinta merupakan kawasan kubu kuat UMNO berdasarkan maklumat keputusan pilihanraya lepas kita tidak pernah menang di semua saluran tetapi PKR dapat menubuh Ranting Kg.Melayu , Ulu Kinta setelah masyarakat melayu di sini menaruh keyakinan terhadap PKR dan Pakatan Rakyat hasil amalan program kebajikan dan aktiviti kemasyarakatan yang telah dilakukan sejak 4 tahun lepas . Ini menunjukkan petanda positif menjelang PRU 13 dimana sokongan melayu bertambah khususnya di DUN Hulu Kinta. Kebanyakan Ajk dan Ahli adalah terdiri dari ibu tunggal dan wanita ini menunjukan golongan wanita tidak yakin terhadap UMNO Tambun boleh membela nasib golongan wanita walaupun ADUN Hulu Kinta seorang wanita dan juga Ketua Wanita UMNO Perak . ....................................................................................................................... OFFICIALLY LAUNCHED NEW BRANCH Mr. Muhamad Arafat Vice Chief Of People's Justice Party , Tambun District speech at launching of People's Justice Party Ulu Kinta branch . He said this area people's ...



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Let Parliamentary Select Committee review Peaceful Assembly Bill — Proham

NOV 23 — Proham views with grave concern the proposed Bill on Peaceful Assembly fails to reflect the true spirit of human rights that is consistent with the Universal Declaration of Human Rights, the Federal Constitution and the promise of the Prime Minister to institute democratic reform.

However, Proham acknowledges that the proposed bill recognises the citizen's right to organise an assembly or participate in an assembly peacefully, although it makes it very difficult in practice.

The withdrawal of the permit to assemble is welcomed and reflects the PM's commitment to further democratic reforms. However this is substituted by a whole range of pre-conditions and prior  approvals, and restrictive legal provisions , including strengthening the powers of the police, that will severely discourage and dissuade the freedom of peaceful assembly, which is a basic human right.

Therefore, Proham proposes that the Federal Government delays the second reading of this bill and commits it to a Parliamentary Select Committee process, whereby there is maximum consultation with Members of Parliament, the Human Rights Commission of Malaysia (SUHAKAM) and civil society as a whole.

Proham truly feels that at this point of our nation's history, we must build on our democratic tradition with consensus building from both sides of the parliamentary divide and the large majority of Malaysians. The rushing of such a bill can be construed as unnecessary unholy haste that will not be in the best interests of our nation and our people.

We appeal to the Federal government to consider Proham's proposal to refer this bill to a parliamentary select committee and to consult our people more deeply and widely.

* Proham is a grouping of ex-commissioners of the Malaysian Human Rights Commission.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

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Pakatan Rakyat MPs are sceptical that the slew of one-off cash handouts announced in Budget 2012 would be beneficial for the lower-income group and pensioners. Bagan MP Lim Guan Eng welcomed the move but opined that the amount of handouts to senior citizens was insufficient. "It is better if they were given RM1,000 as suggested in the Buku Jingga (Pakatan's shadow budget document)," he said when met at the Parliament lobby. malaysiakini.com



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Najib has smashed to smithereens the mirage of political transformation and “best democracy in the world” which he created two months ago with a repressive and undemocratic Peaceful Assembly Bill

The Prime Minister, Datuk Seri Najib Razak has now smashed to smithereens the mirage of political transformation and "best democracy in the world" with the first reading of the undemocratic Peaceful Assembly Bill 2011.

The mirage created by Najib that he wants to make Malaysia "the best democracy in the world" lasted only two months as the proposed repeal of Section 27 of the Police Act requiring police permits for any gathering of three or more persons is to be replaced by a more undemocratic and repressive Peaceful Assembly Bill violating the constitutional right of Malaysians to freedom of assembly.

In many respects, the Peaceful Assembly Bill is even more restrictive and repressive than Section 27 of the Police Act. Under the new law, for instance, a person can be fined up to RM20,000 as compared to RM10,000 under the Police Act.

In banning "street protests", restricting assemblies from "prohibited places" or "within fifty metres from the limit of the prohibited place", requiring notice of 30 days for an assembly to be held as well as empowering the police which is a total stranger to the concept of "democratic policing" to impose arbitrary restrictions and conditions for an assembly, the fundamental constitutional right of freedom to assembly runs the risk of being grounded to ashes.

The Prime Minister should withdraw the Peaceful Assembly Bill in its present form to remove the undemocratic features to ensure that the new law does not end up as a more undemocratic and repressive substitute for Section 27 of the Police Act.

(Media Comment in Parliament after the Pakatan Rakyat Leadership Meeting on Wednesday, 23rd November 2011)

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Culling of crocodiles not a viable solution

FMT LETTER

From S M Mohd Idris, via e-mail

News of the move by the Sarawak Forestry Corporation (SFC) to allow commercial trade in crocodiles has certainly moved SAM into expressing our strong objections against the downgrading of the crocodiles from Appendix I to II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

From the many reports circulated, SAM has the impression that the local inhabitants perceive crocodiles as vermin to be feared and best wiped out.  This is inevitable due to the loss of precious human lives.

However the potential for conflict will certainly remain, considering that in recent years crocodiles have been extending out of packed tidal rivers that represent their preferred habitat into upstream freshwater areas and around the coast in their quest for new places to live.

The government's approach by culling may sound sensible on paper but in reality, culling is not a viable solution. Culling cannot ensure the safety of the people from further  attacks by crocodiles. Then again, the question arises as to the basis for determining  the number to be culled.

In truth, the answer is not in culling but in treating the root causes of the problem of human-wildlife conflict.

Firstly, the Ministry and all concerned authorities have to address the problem of whether there is  depleting food source of the crocodiles and then focus on the necessary remedial processes action  to increase food supply.

Secondly, habitat encroachment is the primary reason leading to wildlife ending up as losers.  Thus, the main threats to crocodiles are habitat destruction and locals competing with crocodiles for the same food source. The focus should then be in the provision of adequate protected habitats.

Thirdly the authorities should concentrate on creating public awareness through public education.  Swimming in crocodile-infested waters should be strictly prohibited. This would be far more effective in preventing crocodile attacks.

The one very important aspect that must be highlighted and prevailed upon throughout the entire planning and execution, is the total participation and involvement of the communities.

It is up to the wildlife division of the SFC to submit a project proposal detailing active research into the extend of conflicts between man and crocodiles, viable solutions and their implementation.

These solutions must safeguard the safety of poor rural communities where women and children are at greatest risks, connected to activities such as fetching water, washing cloths and fishing with nets. A large number of incidents with crocodiles may be avoided with knowledge about the species and the behavioural patterns of crocodiles.

The efficacy of solving the problem by the opening of trade, through the downgrading of crocodylus porosus, needs to be critically assessed. Parties who are interested in the hides of reptiles will naturally try to play up the issue of human-crocodile conflict to rationalise opening the trade.

Once trade is opened, the traffic will mostly involve ranched and poached crocodiles, not the relatively few wild crocodiles which are dangerous to people.  Thus, the human-crocodile conflict persists largely unabated and may even escalate as interaction between them increases.

Crocodilians come in a variety of species and sizes, which are easy to tell apart in the wild. However, it is not easy to tell them apart from pelts which have been made into products. Thus, the legal commerce in crocodiles provides a convenient cover for poaching, and poaching tends to deplete any species accessible to poachers, regardless of rarity. This could give rise to illegal trade, with the locals wiping out the crocodiles for short-term gain.

Improved wildlife legislation is only relevant if abided by all. There is a need among law enforcement authorities to be conversant with, and have the will, to enforce the rule of law fully. Corruption amongst enforcement authorities must be dealt with severely and without hesitation.

Taking the above points into consideration, SAM  reiterates  our stand against the downgrading  of the crocodiles. Our request is based  on a firm conviction that the opening of trade corridors will result in increased illegal trade. The end results will be detrimental to the country's image and erode conservation efforts in preserving wildlife species.

The writer is president of Sahabat Alam Malaysia (SAM)

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Vasuki a/p Samyrajah berkata adik iparnya Sarasvahty Manikam (Sebelah) seorang OKU berumur 31 tahun telah memohon bantuan dari MIC dan BN Tambun beberapakali sejak 30 tahun tetapi sia-sia saja menunggu . MIC dan BN tidak mampu untuk membantu rakyat .Selepas itu dia dimaklumkan melalui saudara beliau supaya hubungi Pakatan Rakyat Tambun dan beliau hubungi Sdr Muhamad Arafat Ketua Biro Aduan dan Khidmat Masyarakat merangkap Naib Ketua KEADILAN Cabang Tambun kemudian Sdr Arafat hadir kerumah beliau dan membawa OKU tersebut ke JKM . Hasil usaha Pakatan Rakyat permohonan telah dilulus .Tunggu selama 30 tahun BN tak mampu tolong tapi Pakatan Rakyat berjaya menolong dalam 30 hari sahaja. Dengan ini beliau meminta semua Kaum India Khusnya di DUN Hulu Kinta sokong kepada PAKATAN RAKYAT pada PRU 13 ...................................................................................... ALL INDIAN PLEASE SUPPORT TO MR.ARAFAT AND PEOPLE'S JUSTICE PARTY Vasuki D/O Samyrajah said her's sister in law Sarasvathy D/O Manikam age 31 (beside) is disabled them try to get help from MIC Party and BN Party so many times but nothing get any help.Then I contact Mr.Muhamad Arafat Vice Chief Of People's Justice Party , Tambun District ( Division) told about their problem then Mr.Arafat bring them to Welfare Department with his car and apply monthly helping fund . She said 'Now we happy because getting monthly helping fund. We wait 30 years MIC and BN Party unable to help but People's Justice Party ... Video Rating: 5 / 5



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Let Parliamentary Select Committee review Peaceful Assembly Bill

By Proham | November 23, 2011
The Malaysian Insider

NOV 23 — Proham views with grave concern the proposed Bill on Peaceful Assembly fails to reflect the true spirit of human rights that is consistent with the Universal Declaration of Human Rights, the Federal Constitution and the promise of the Prime Minister to institute democratic reform.

However, Proham acknowledges that the proposed bill recognises the citizen's right to organise an assembly or participate in an assembly peacefully, although it makes it very difficult in practice.

The withdrawal of the permit to assemble is welcomed and reflects the PM's commitment to further democratic reforms. However this is substituted by a whole range of pre-conditions and prior approvals, and restrictive legal provisions , including strengthening the powers of the police, that will severely discourage and dissuade the freedom of peaceful assembly, which is a basic human right.

Therefore, Proham proposes that the Federal Government delays the second reading of this bill and commits it to a Parliamentary Select Committee process, whereby there is maximum consultation with Members of Parliament, the Human Rights Commission of Malaysia (SUHAKAM) and civil society as a whole.

Proham truly feels that at this point of our nation's history, we must build on our democratic tradition with consensus building from both sides of the parliamentary divide and the large majority of Malaysians. The rushing of such a bill can be construed as unnecessary unholy haste that will not be in the best interests of our nation and our people.

We appeal to the Federal government to consider Proham's proposal to refer this bill to a parliamentary select committee and to consult our people more deeply and widely.
________
* Proham is a grouping of ex-commissioners of the Malaysian Human Rights Commission.

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Reports lodged at 13 police stations against NFC

PETALING JAYA: All of PKR's women wings simultaneously lodged police reports this morning over the National Feedlot Centre (NFC) controversy, except Kelantan.

The Kelantan women's wing will lodge a report in the afternoon because of the flood situation.
Speaking at the Dang Wangi district police station, PKR's women wing chief Zuraida Kamaruddin said:

"All the wings are lodging reports simultaneously except for those in Kelantan who would lodge reports in the afternoon," said Zuraida, who is also Ampang MP.

Yesterday, Zuraida told the press that the police reports would be made against five individuals.

They are Prime Minister Najib Tun Razak, his deputy Muhyiddin Yassin (who was Minister of Agriculture and Agro-based Industry Ministry when the project was approved in 2008); current Agriculture and Agro-based Industry Minister Noh Omar; Women, Family and Community Development Minister Shahrizat Abdul Jalil and NFC chairman Dr Mohamad Salleh Ismail.

Shahrizat's family has been accused of missuing a RM250 million government soft loan given for the NFC project. Salleh is Shahrizat's husband.

The police reports were lodged at 13 police district headquarters.

A crowd of 50 were present including representatives of resident associations, and NGOs such as Jingga 13 and Association of Women's Initiative for Research, Development and Advancement Selangor and Kuala Lumpur at the Dang Wangi police station.

They held a protest outside the police station and distributed pamphlets.

"The motorists and passers-by are well informed. They honked at us to show their support," said Zuraida.

Tag: Muhyiddin Yassin, Najib Tun Razak, National Feetlot Centre, NFC, PKR, Police Report, Shahrizat Abdul Jalil, Zuraida Kamaruddin

See Also:

NFC: PKR women's wing launches police report campaign

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Pengerusi Barisan Nasional,Datuk Seri Najib Tun Razak Mengatakan Adakah Pemimpin Pakatan Rakyat Mengamalkan Demokrasi?.Datuk Seri Najib Tun Razak Juga Mengatakan Pakatan Rakyat sekarang Caca Merba Kerana Pendapat Pemimpin Pakatan Rakyat Berlainan Maklumat Lanjut Sila Layari www.klpos.com



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Mismanagement galore irks PAC

KUALA LUMPUR: Cases of mismanagement of public funds and projects continue to pile up and the Public Accounts Committee (PAC) is peeved with this.

To get to the botttom of the matter, PAC chairman Azmi Khalid said the committee would call in Finance Ministry officials and the chief secetary to the government Mohd Sidek Hassan in January.

He was speaking to reporters in Parliament after meeting representatives from the Agriculture and Agro-based Industry Ministry regarding the latest scandal involving the National Feedlot Corporation (NFC).

"The management system (of projects) needs to be re-looked at. Even when (the ministries) are telling the truth, people are fed-up (with their explanations)," said the Padang Besar MP.

He said that NFC was on a long list of mismanaged projects which PAC had encountered since 2008.

"Today, we talked about the management of NFC, the full amount of money given to a special account by 2009 but the deal was only signed in 2010. This is a recurring problem at all levels in the ministries.

"Poor-management, changing of the goal post… poor planning and mis-coordination. Their intention for the project is good but the execution is problematic," he added.

Azmi stressed that the problem must be fixed as Malaysia moved towards the status of a developed nation.

'How can you do that?'

Today's NFC meeting involved 10 high-level officials from the Agriculture and Agro-based Industry Ministry.

Women, Family and Community Development Minister Shahrizat Abdul Jalil and her family had been accused of missuing a RM250 million government soft loan given for the NFC project.

The PAC meeting focused on the fact that the full amount of the loan was disbursed even before agreements for the projects were signed.

"How can you do that?" asked PAC member and DAP leader Dr Tan Seng Giaw.

The Kepong MP said many questions were posed to the ministry officials but they were unable to answer them.

Another meeting would be held with the ministry officials in January.

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Pengerusi Barisan Nasional, Datuk Seri Najib Tun Razak menyindir pihak pembangkang yang sudah kekeringan idea politik sehingga pembentangan belanjawan 2012 hari jumaat lepas turut dikatakan dicedok dari bajet Pakatan Rakyat. Maklumat Lanjut Sila Layari www.klpos.com Video Rating: 2 / 5



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Analisa: Kongres PKR ruang menghapus taboo rakyat

PETALING JAYA: Kongres tahunan PKR di Pulai, dekat Johor Baru sangat penting kepada parti itu kerana akan menjadi kayu pengukur kemampuan dan kesediaan menghadapi pilihan raya yang kini menghitung hari saja.

'Demi Rakyat' tema kongres kali ini adalah tema yang sama digunakan dalam konvensyen PKR dan manifesto untuk pilihan raya umum akan datang.

Tema itu didokong oleh tiga paksi utama yang memberikan tumpuan kepada isu-isu rakyat. Pertama, memperkasakan perjuangan demokrasi tulen untuk mengadakan pilihan raya yang bebas dan adil. Kedua, mengangkat agenda ekonomi rakyat yang adil dan bebas rasuah. Ketiga, menekankan aspek masyarakat bersatu padu yang merupakan satu perkara dasar parti.

Umum mengetahui bahawa PKR hari ini tidak sama dengan kekuatan pilihan raya umum 2008 yang membolehkan parti menang 23 kerusi parlimen.

Perlbagai isu menyelubungi parti berusia 11 tahun itu. Aura ketua umum PKR, Datuk Seri Anwar Ibrahim tidak lagi sekuat beberapa tahun lalu.

Kes liwat dan video klip seks sangat memberi kesan kepada sokongan pengundi kepada PKR. Walaupun Anwar menafi dan menganggap ia konspirasi jahat BN, rakyat mula was-was untuk mempercayainya.

Lima MP lompat

Tindakan lima ahli parlimen – Zulkifli Nordin (Kulim-Bandar Baru); N Gobalakrishnan (Padang Serai), Tan Siew Beng (Nibong Tebal), Wee Choo Keong (Wangsa Maju) dan Mohsin Fadzli Samsuri (Bagan Serai) – keluar parti menambah buruk lagi persepsi parti reformasi itu.

Walaupun pucuk pimpinan sangat yakin parti itu bersama Pakatan Rakyat (DAP dan PAS) yakin menawan Putrajaya dalam pilihan raya umum akan datang, kenyataan itu untuk menyedapkan penyokong sendiri.

Timbalan Ketua AMK, Khairul Anuar Ahmad Zainuddin berkata, kongres kali ini perlu menghapuskan sama sekali persepsi kebimbangan orang Melayu kepada parti itu.

Menurut ada pihak tertentu yang meniupkan propaganda untuk menghapuskan keyakinan orang Melayu terhadap PKR dengan memainkan isu kekuasaan mereka akan pupus jika parti itu berkuasa.

"Saya rasa parti perlu menegaskan bahawa PKR menjaga kukuh orang Melayu. Parti perlu menyakinkan mereka mengenai perkara tersebut," katanya.

Khairul juga menegaskan, AMK mahu pemilihan pemimpin parti bukan lagi berdasarkan warna kulit tetapi kemampuan mereka memperjuangkan isu rakyat.

2, 534 perwakilan

Sesuai dengan parti pelbagai kaum, PKR kata pemimpin muda dari Melaka itu taboo politik perkauman perlu dipecahkan.

"Lanskap politik negara telah berubah dan sudah tentu kepimpinan  tidak boleh lagi ditentukan oleh kaum," tambahnya.

Pemilihan Johor sebagai lokasi kongres kerana negeri kubu Umno menjadi sasaran PKR merampasnya dalam laluan ke Putrajaya.

Kongres selama tiga hari itu bakal menyaksikan perkampungan kira-kira 2,534 perwakilan dan 1,055 pemerhati berdaftar.

Ia akan dimulakan dengan Kongres Wanita dan AMK pada hari pertama, Jumaat 25 November 2011.

Pada hari kedua pula akan menyaksikan ucapan dasar pimpinan tertinggi seperti Presiden, Datuk Seri Dr Wan Azizah Ismail dan Anwar.

Pada hari sama juga akan berlangsung sesi perbahasan ucapan dasar Presiden oleh perwakilan yang akan diteruskan juga pada hari ketiga kongres.

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Rakyat patut hukum siapa ahli parlimen yang menyokong rang undang - undang yang menindas dan menutup ruang demokrasi.

Kenyataan Media
Solidariti Anak Muda Malaysia (SAMM)
23 November 2011


Menyebut pembentangan Rang Undang-Undang Perhimpunan Aman di Dewan Rakyat kononnya bagi menjamin kebebasan berhimpun adalah retorik terbesar Kerajaan Najib Razak dalam merealisasikan apa yang dikata 'Transformasi Politik'. Memang ianya suatu transformasi, tetapi malangnya ia menuju ke arah yang lebih negetif apabila satu demi satu hak rakyat dinafikan terutamanya dalam tajuk berhimpun.

Rakyat negara ini seolah-olah diijanjikan sebuah sinar harapan apabila beberapa langkah Kerajaan Malaysia termasuklah pemansuhkan akta keselamatan dalam negeri (ISA), namun akhirnya rakyat sekali lagi ditipu atas nama transformasi Barisan Nasional apabila akta tersebut masih lagi digunakan di Sabah baru-baru ini menahan antaranya dikenali sebagai aktivis PAS.

Solidariti Anak Muda Malaysia (SAMM) memandang serius pembentangan Rang Undang-Undang Perhimpunan Aman, melihat pembentangan RUU ini sebagai satu perangkap yang licik. Tiada lagi perhimpunan akan diberi laluan kepada pihak yang dicop berfahaman politik yang menentang dasar kerajaan walaupun perhimpunan itu di dalam kawasan persendirian, maka tiada lagi ceramah umum akan dibenarkan. Kita sebenarnya menuju ke pemerintahan kuku besi dalam bahasa lunak yang dicanang kerajaan pemerintah.

SAMM menyarankan semua pihak mengambil sikap berhati-hati dan setiap langkah kerajaan itu harus diterjemah dengan lebih berhati-hati kerana rakyat sudah muak untuk ditipu berkali-kali dan terus ditipu lagi. Rang Undang-Undang Perhimpunan Aman secara halus akan menyekat ruang demokrasi buat rakyat. Inikah Transformasi politik yang dilaungkan oleh Najib Razak? Ia lebih mencengkam dan menafikan ruang demokrasi dari undang-undang sebelum ini (akta polis) sebelum ini.

Akhirnya bila penguasa menggunakan undang-undang untuk menindas rakyat, perlawanan menjadi wajib. Lebih kuat rakyat ditekan dan dicengkam oleh regim pemerintah, maka sec! ara lang sung dan tidak langsung ia memupuk api kemarahan lalu semangat perlawanan itu meruncing ke penghujungnya. Rakyat harus sedar negara sedar mengundur kebelakang dalam perbagai bidang termasuk menutup ruang demokrasi. bangkit dan hentikan segera sebelum terlambat.

Pergerakan anak muda SAMM berpendapat, Rang Undang-Undang Perhimpunan Aman yang akan dibentangkan ini satu lagi proses penipuan regim penguasa. Rakyat diseru bangkit. Ahli parlimen yang menyokong rang undang-undang seperti ini harus dihukum.


che'GuBard
Pengasas
Solidariti Anak Muda Malaysia (SAMM)
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Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic

By Tommy Thomas | November 23, 2011
The Malaysian Insider

NOV 23 — Why is it always the case that the Malaysian government, in the guise of improving the freedoms of its citizen, enacts laws that actually erode liberties?

Since 1960 when the Emergency was revoked, only to be immediately replaced by the dreaded Internal Security Act, 1960 ("ISA"), successive governments have taken state action to the detriment of its people. The Peaceful Assembly Bill, 2011, which had its first reading in the Federal Parliament yesterday, is another example of such retrograde law making.

I cannot believe that after 54 years of Merdeka in the 11th year of the 21st century, the Executive has the audacity to present a Bill, which, in its own Explanatory Statement, describes it as "one of the efforts initiated by the government to undertake the transformation of the existing legal framework in relation to the constitutional rights of citizens to assemble".

Fundamental liberties are enshrined in Part II of the Federal Constitution, the supreme law of the land. Article 10(1)(b) of the Federal Constitution provides that "all citizens have the right to assemble peacefully and without arms".

Freedom to assemble is not absolute; thus, the Federal Parliament may enact laws that have the effect of restricting such freedom in the interest of "security" or "public order". Case law has established that such Parliamentary restriction must be "reasonable" by objective standards.

Thus, Parliament cannot suffocate the enjoyment of such liberties. Freedom of assembly is invariably exercised together with other fundamental liberties like personal liberty (Article 5 (1)); freedom of movement (Article 9(2)); freedom of expression (Article 10(1)(a); freedom of association (Article 10(1)(c); freedom of religion (Article 11) and so forth.

In perhaps the most important constitutional case in our history, a five-member Federal Court in 1992 in the Nordin Salleh case, held that any state action that would render illusory or meaningless the exercise of any fundamental liberty is unconstitutional. Hence, the Court looks at the effect or consequence of state action.

It is against this background of constitutionalism, that the Peaceful Assembly Bill, 2011 must be scrutinised.

My first reservation is philosophical. The Bill introduces the concept of "interests, rights and freedoms of other persons", with the police having to weigh such interests, rights and freedoms with that of the persons who wish to assemble.

Hence, the inherent clash between Executive and citizen which characterises the eternal struggle for civil liberty has been extended to include the rights of other people — a classic extension of one of the oldest doctrines in politics : divide and rule.

In my opinion, a law that is intended to promote the exercise by citizen A and his friends of their right to assemble should not in any way be dependent on the right of citizen X and his friends to object or veto the former's right to assemble.

The fundamental freedoms under Part II of our Constitution do not contemplate such clashes between different groups of citizens which would inevitable develop into a contest between majority and minority, with the minority always being the casualty.

Accordingly, all references to "the interests, rights and freedoms of other persons" in the Bill are, in my opinion, without any constitutional basis. The same point can be made about the use of new expressions like "counter assembly" and "simultaneous assemblies".

Hence, the Parliamentary draftsman is deliberately giving power to the police to impose stringent restrictions and conditions under Paragraph 15 of the Bill that would have the effect of completely nullifying any freedom to assemble.

The Bill introduces a new type of assembly that I believe is unprecedented under our law, viz "street protest", which is defined in Paragraph 3 to mean: "an open air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes".

Paragraph 4(1) of the Bill imposes an outright ban on street protests. The current position is that if the police issue a license under Section 27 (2) of the Police Act, 1967, a "street protest" is permitted. Hence, the new provision in this "reforming" Bill make it worse by totally banning such types of assemblies.

This would be unconstitutional. Does this mean that, under this Bill, only assemblies that are not "street protest" are permitted? Yes.

What then are the features of such a permitted or sanitised form of "assembly"?

Part IV contains 11 separate provisions that specify the requirements before the police would approve the holding of such an assembly.

To start off, written notice of at least 30 days must be given to the police. Hence, spontaneous gatherings are not permitted. The First Schedule to the Bill contains 12 categories of "prohibited places", 50 meters from where assemblies cannot be held.

The Bill is so extensive in its reach, indeed, of Orwellian proportions, that daily innocent activities like funerals, weddings, family gatherings and meetings of associations have to be expressly excluded! The best way to test the efficacy of the Bill is to ask whether the assemblies organised by Bersih (1) or Hindraf before the General Election of 2008 would be permitted under the Bill.

The answer is clearly in the negative because they would be deemed "street protest", and hence banned. Likewise, the lawyers march to Putrajaya in 2007 to protest against the VK Lingam tape. Finally, Bersih (2) in July 2011 would also not be permitted.

And, yet, this Bill is presented by the government as a piece of reforming law to enhance political space! Try as one may, one cannot find any redeeming features in the Bill. On the contrary, the provisions are offensive, and will certainly not pass muster.

How in the name of "security" and "public order" this Bill can be enacted by Parliament is absolutely baffling. Are our leaders so out of touch? Can they ever tell the truth?

Are they aware of "Occupy Wall Street" as a global protest movement? What about the Arab Spring? Even sleepy, dull Singapore has had some kind of political awakening this year.

But let me conclude with our own example from history. Some 65 years ago, just a year after the Second World War had ended, and the British colonial power had returned to Malaya, they had the temerity to introduce the Malayan Union plan in 1946.

"Street protests" as defined in Paragraph 3 of the Peaceful Assembly Bill, 2011, became the order of the day. Indeed, Umno was founded by Onn Jaafar to lead the protests against Malayan Union.

The supremely ironic question is, if Hishammuddin Hussein had been in charge of such matters in 1946, would Umno have been founded, and his grandfather allowed to demonstrate and protest?

I call on all freedom-loving Malaysians to immediately contact their Members of Parliament to vote against this terrible Bill. Indeed, the government should withdraw it.

I would expect the Malaysian Bar to lead the opposition to this poorly designed law that is not only an insult to our constitutional rights, but also to our intelligence.
________
* Tommy Thomas is a senior lawyer of the Malaysian Bar.

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Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic — Tommy Thomas

Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic — Tommy Thomas

NOV 23 — Why is it always the case that the Malaysian government, in the guise of improving the freedoms of its citizen, enacts laws that actually erode liberties? 

Since 1960 when the Emergency was revoked, only to be immediately replaced by the dreaded Internal Security Act, 1960 ("ISA"), successive governments have taken state action to the detriment of its people.  The Peaceful Assembly Bill, 2011, which had its first reading in the Federal Parliament yesterday, is another example of such retrograde law making.

I cannot believe that after 54 years of Merdeka in the 11th year of the 21st century, the Executive has the audacity to present a Bill, which, in its own Explanatory Statement, describes it as "one of the efforts initiated by the government to undertake the transformation of the existing legal framework in relation to the constitutional rights of citizens to assemble".

Fundamental liberties are enshrined in Part II of the Federal Constitution, the supreme law of the land.  Article 10(1)(b) of the Federal Constitution provides that "all citizens have the right to assemble peacefully and without arms". 

Freedom to assemble is not absolute; thus, the Federal Parliament may enact laws that have the effect of restricting such freedom in the interest of "security" or "public order".  Case law has established that such Parliamentary restriction must be "reasonable" by objective standards.

Thus, Parliament cannot suffocate the enjoyment of such liberties. Freedom of assembly is invariably exercised together with other fundamental liberties like personal liberty (Article 5 (1)); freedom of movement (Article 9(2)); freedom of expression (Article 10(1)(a); freedom of association (Article 10(1)(c); freedom of religion (Article 11) and so forth.

In perhaps the most important constitutional case in our history, a five-member Federal Court in 1992 in the Nordin Salleh case, held that any state action that would render illusory or meaningless the exercise of any fundamental liberty is unconstitutional.  Hence, the Court looks at the effect or consequence of state action. 

It is against this background of constitutionalism, that the Peaceful Assembly Bill, 2011 must be scrutinised.

My first reservation is philosophical.  The Bill introduces the concept of "interests, rights and freedoms of other persons", with the police having to weigh such interests, rights and freedoms with that of the persons who wish to assemble. 

Hence, the inherent clash between Executive and citizen which characterises the eternal struggle for civil liberty has been extended to include the rights of other people — a classic extension of one of the oldest doctrines in politics : divide and rule.

In my opinion, a law that is intended to promote the exercise by citizen A and his friends of their right to assemble should not in any way be dependent on the right of citizen X and his friends to object or veto the former's right to assemble.

The fundamental freedoms under Part II of our Constitution do not contemplate such clashes between different groups of citizens which would inevitable develop into a contest between majority and minority, with the minority always being the casualty.

Accordingly, all references to "the interests, rights and freedoms of other persons" in the Bill are, in my opinion, without any constitutional basis. The same point can be made about the use of new expressions like "counter assembly" and "simultaneous assemblies".

Hence, the Parliamentary draftsman is deliberately giving power to the police to impose stringent restrictions and conditions under Paragraph 15 of the Bill that would have the effect of completely nullifying any freedom to assemble.

The Bill introduces a new type of assembly that I believe is unprecedented under our law, viz "street protest", which is defined in Paragraph 3 to mean: "an open air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes".

Paragraph 4(1) of the Bill imposes an outright ban on street protests. The current position is that if the police issue a license under Section 27 (2) of the Police Act, 1967, a "street protest" is permitted.  Hence, the new provision in this "reforming" Bill make it worse by totally banning such types of assemblies. 

This would be unconstitutional. Does this mean that, under this Bill, only assemblies that are not "street protest" are permitted?  Yes. 

What then are the features of such a permitted or sanitised form of "assembly"? 

Part IV contains 11 separate provisions that specify the requirements before the police would approve the holding of such an assembly. 

To start off, written notice of at least 30 days must be given to the police. Hence, spontaneous gatherings are not permitted.  The First Schedule to the Bill contains 12 categories of "prohibited places", 50 meters from where assemblies cannot be held. 

The Bill is so extensive in its reach, indeed, of Orwellian proportions, that daily innocent activities like funerals, weddings, family gatherings and meetings of associations have to be expressly excluded! The best way to test the efficacy of the Bill is to ask whether the assemblies organised by Bersih (1) or Hindraf before the General Election of 2008 would be permitted under the Bill. 

The answer is clearly in the negative because they would be deemed "street protest", and hence banned.  Likewise, the lawyers march to Putrajaya in 2007 to protest against the VK Lingam tape.  Finally, Bersih (2) in July 2011 would also not be permitted. 

And, yet, this Bill is presented by the government as a piece of reforming law to enhance political space! Try as one may, one cannot find any redeeming features in the Bill. On the contrary, the provisions are offensive, and will certainly not pass muster. 

How in the name of "security" and "public order" this Bill can be enacted by Parliament is absolutely baffling. Are our leaders so out of touch?  Can they ever tell the truth? 

Are they aware of "Occupy Wall Street" as a global protest movement?  What about the Arab Spring?  Even sleepy, dull Singapore has had some kind of political awakening this year.

But let me conclude with our own example from history.  Some 65 years ago, just a year after the Second World War had ended, and the British colonial power had returned to Malaya, they had the temerity to introduce the Malayan Union plan in 1946. 

"Street protests" as defined in Paragraph 3 of the Peaceful Assembly Bill, 2011, became the order of the day.  Indeed, Umno was founded by Onn Jaafar to lead the protests against Malayan Union. 

The supremely ironic question is, if Hishammuddin Hussein had been in charge of such matters in 1946, would Umno have been founded, and his grandfather allowed to demonstrate and protest?

I call on all freedom-loving Malaysians to immediately contact their Members of Parliament to vote against this terrible Bill.  Indeed, the government should withdraw it. 

I would expect the Malaysian Bar to lead the opposition to this poorly designed law that is not only an insult to our constitutional rights, but also to our intelligence.

* Tommy Thomas is a senior lawyer of the Malaysian Bar.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

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Ulasan mengenai masalah PBT dibawah Kerajaan Pakatan Rakyat Selangor oleh Ketua Puteri UMNO Bahagian Puchong, Saudari Siti Nozilah Sakimin



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Salam sejahtera ke atas kamu, wahai, Cinta

Bukan cinta biasa | Source: http://www.flickr.com/photos/shutterbugg73/

Kecantikanmu, nafasku

Kemegahanmu, rela matiku

Dimana adamu, kegembiraanku

Sepanjang hayatku, bahagia hanya denganmu

 

Cintaku pada keindahanmu, dewi

Senyummu berbisa dari mawar berduri

Terhuyung hayang ku dengan jelingan mu, aku longlai

Mabuknya aku bagaikan disawai

 

Kalau ku kucup hujung jarimu

Lebih dari langit dan bumi bertemu

Lebih beruntung dari Sang Raja dan Sang Ratu

 

Gelora hatiku, dendam bibirmu

Belum pernah hatiku sebegini menggaru

Diam hatiku, menatap wajahmu

Ibarat penjara di dalam rambutmu

 

Mulutmu indah, sasaran cariku

Bersama lehermu, penjara hidupku

Berapa lamakah zaman ini terus melepaskan umpannya?

Relanya aku menyeberangi laut, segera sampaian.

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Admirer of Rumi. Heretic.

Posted on 23 November 2011. You can follow any responses to this entry through the RSS 2.0.

Read more articles posted by Nany J Haron.

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5 Okt 2011 - Penggulungan Rang Undang2 Kediaman Terhad Pemansuhan - MP Pakatan Rakyat [ Penggulungan - PAS Rantau Panjang, PAS Pokok Sena, DAP Puchong ]



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Catch 22 in medical treatment for drug addiction

KUCHING: The government has been urged to provide a proper legal framework for doctors to safely work with patients seeking medical treament for drug addition.

Dr Steven Chow, the president of the Addiction Medicine Association Malaysia (AMAM), said there was a "serious and urgent" need to re-look at the Drug Dependents (Treatment and Rehabilitation) Act 1983.

"Our laws should be making Drug Substitution Therapy (DST) or Medical Assisted Treatment (MAT) a legal option to provide safeguards for patients, and doctors treating these patients," said Chow.

Chow said currently, the act stipulates that an addict who is caught should be arrested, remanded, presented before a magistrate and put in rehabilitation centres.

"The performance of this system under the Act is terrible. Patients usually would relapse, a day or two, after being released from a Pusat Serenti rehab centres.

"Punitive measures and incarceration has not worked. The success rate is below 10 to 20%," said Chow, during the Second International Conference of Addiction Medicine here recently.

He added that the system provides addicts with so little rights that it was even worse than an arrested drug trafficker.

"They have absolutely no rights. There are even those that are being remanded for years," said Chow.

Chow said the MAT has proven to be the best method in rehabilitating heroine and morphine users who constitute the majority of addicts in the country.

"The retention rate is over 60% (over a five-year period) and yearly retention more than 80% since 2009. This clearly indicates that the community based MAT works," said Chow.

The government in 2002, initially adopted harm reduction approaches with MAT, mirroring other developed countries in treating addicts as opposed to a total abstinence from drugs.

MAT basically means addicts are given safe substitute drugs and while they undergo rehabilitation. The drugs used in Malaysia are methadone and buprenorphine, which are used to treat only opiate type drugs like heroine and morphine.

Things began to take off in 2005 when the methadone treatment was made available in Malaysia with a success rate of more than 70%. While the needle exchange programme was launched a year later with a 66% return rate of needles and syringes.

The government estimates there are about 350,000 drug users in the country while experts say that true figure could be three or four times more.

Chow, who is also Federation of Private Medical Practitioners' Associations Malaysia (FPMPAM) president, has been a strong advocate of community and medical treatment for drug addiction since 2002.

He has attempted to change public perception about addiction – that it is a chronic medical disease treatable with holistic medicine approach, rather than from moral standpoint.

Chow said AMAM was set up in 2005 and has thus far about 700 trained registered medical practitioners, comprising both GPs and specialists.

"We have 23,573 registered heroin addicts in community-based treatment programmes looked after by 483 trained registered private medical practitioners," said Chow.

Substitute medication, Chow said, acts to block receptors in the brain programmed to crave illegal drugs like heroin, and allows an addict to function the whole day, even going to work.

He, however, added the problem was that, legally, doctors who volunteer in AMAM's programmes are caught in a bind.

"Since there is nothing in the Drug Dependents (Treatment and Rehabilitation) Act 1983 that allows a GP to treat a drug addict, many doctors are reluctant to join us.

"Our latest statistics show that there seems to be fewer doctors interested in volunteering their services and some are even giving up entirely," said Chow.

Doctors, it seems, are in a bind over two laws, one which makes it a legal duty for them inform the authorities of drug addicts seeking treatment and the Private Healthcare Facilities and Services Act 1988 which provides for patient privacy.

Chow said another huge problem and challenge in the form of the amendments to the Poisons Act 1952 (Psychotropic Substances) Regulations 2011, which took effect on July 31.

'Need to curb doctor-hopping and misuse of medication'

"The Act requires medical practitioners to revert to the archaic, time-consuming, tedious and cumbersome method of manual recording in order to qualify for a permit to store and to prescribe MAT medications," he said.

"The system is a huge setback as it would essentially bring us back to 2005, making it much harder to monitor and curb doctor-hopping and misuse of MAT medications.

Doctor-hopping under the MAT programme was a major issue in 2005-2006 because it led to "free for all" abuse of the treatment drugs by patients.

"The self-regulating National Drug Substitution Therapy (NDST) registry, developed by FPMPAM, AMAM with the government in 2006 was effective in curbing these problems."

Chow said AMAM wants the Ministry of Health to consider using the NDST registry as the platform to implement this new regulation.

"The original directive of the MOH was for the NDST registry to monitor all DST in the private sector," said Chow. "We are against this.

"The new system does not provide a good platform to monitor the situation. If we wish to implement this new record system, then do it within the already functioning NDST registry.

He added that the new system also puts doctor in a precarious situation of possibly being prosecuted for criminal offences for manual errors.

Chow said another bigger problem, of the new Poison Act, would be the 'free flow' of MAT drugs being prescribed by pharmasists.

"The Act says that doctors need a permit to store and dispense such drugs but the pharmasists don't and this make things much worse than it already is," said Chow.

He said the "problem" would soon "explode" as the country is importing 450kg of Methadone per year, which equals to millions of doses.

"How would we distribute such huge amounts of treatment without the proper permit and support? We're confused by this.

"Having permits is a fallacy, it would put doctors and patients in a Catch-22 situation, where new patients can only be given prescription if he registers," said Chow.

"If the government doesn't listen, AMAM is considering stopping its NDST altogether. We can't have multiple systems. We need laws in place for both public and GPs to treat addicts."

Chow said the situation isn't helped by the authorities who are unaware of the efforts being made by both public and private doctors in treating addicts.

"If police continue to treat them as criminals and we treat them as patients, then doctors and patients will continue to be in danger. Currently, enforcement seems arbitrary," said Chow.

"It was the government who invited private doctors to treat them, but we are still constantly harrassed by the police, the ministry and the national anti-drug agency," said Chow.

In AMAM's 2011 NDST report, drug addicts were mostly males (23,125) and 448 females. The racial brakedown showed 71% of Malays 16% Chinese and 6% Indians.

It also showed an increase in older patients seeking treatement. It also noted a significant fall in HIV and drug-related arrest during the period of community based-MAT programmes.

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Pakatan Rakyat parliamentarians lambasted distasteful leaflets mocking hudud laws that are being distributed by unknown people and they blamed the BN as the culprit behind it. The leaflets depicting violent acts are being distributed by unknown persons, PAS-Shah Alam MP Khalid Samad said today, adding that he suspected Umno to be behind it. malaysiakini.com Video Rating: 3 / 5



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