Tuesday, 14 April 2009
Open Letter to PM and Cabinet
YAB Datuk Seri Najib Razak and Cabinet Ministers, Putrajaya.
YAB/YB,
Firstly, let me start by congratulating Datuk Seri Najib Razak for his appointment as Prime Minister and all the Ministers of the first Najib Cabinet.
The Najib Cabinet saw the removal of seven Ministers in the old Abdullah Cabinet, namely Datuk Seri Syed Hamid Albar (Home); Datuk Seri Azalina Othman Said (Tourism), Senator Tan Sri Muhammad Muhammad Taib (Rural and Regional Development), Senator Datuk Amirsham Abdul Aziz (Prime Minister’s Department), Datuk Ong Ka Chuan (Housing and Local Government), Datuk Mohd Zin Mohamed (Works) and Datuk Seri Zulhasnan Rafique (Federal Territories).
No one shed any tears for the dropping of the seven Ministers in the Abdullah Cabinet.
However, Malaysians are outraged at the new set of Ministers in the Najib Cabinet, for they are not only another set of “old faces” but include 11 new Ministers or Deputy Ministers who entered Parliament from the backdoor of the Senate.
Worse still, they include “political rejects” like Tan Sri Dr. Koh Tsu Koon, Datuk Seri Shahrizat Abdul Jalil, Datin Paduka Chew Mei Fun and Datuk Dr. Awang Adek Hussin who were trounced by the electorate in last year’s political tsunami in the March 8 general elections, making the Najib Cabinet even more unrepresentative and unpopular than the second and last Abdullah Cabinet.
As a result, no new Cabinet in the nation’s 52-year history could have got off with a worse start than the present one.
On 25th March 2008, I had sent an urgent fax to the Prime Minister on the eight matters which the second Abdullah Cabinet should focus on at its first meeting the next day to show that it was capable of responding to the March 8 political tsunami and be on top of the changes demanded by Malaysians.
These eight issues concern the immediate and unconditional release of the five Hindraf leaders, restoration of national and international confidence in the independence, integrity and quality of the judiciary; comprehensive parliamentary reforms and modernisation; an all-out drive to eradicate corruption; leadership by example on integrity by Ministers and Deputy Ministers; the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC); public inquiry into the RM4.6 billion Port Klang Free Zone (PKFZ) bailout scandal and an all-party inquiry to enhance Malaysia’s international competitiveness to enable the country to successfully face the challenges of globalization.
If the second and last Abdullah Cabinet is to be evaluated on its success based on the key performance indicators (KPIs) on the eight issues I had outlined, the assessment must be one of dismal failure.
The new Najib Cabinet cannot disclaim responsibility for the dismal failure of the old Abdullah Cabinet to carry out meaningful reforms, as 25 of the 29 Ministers in the Najib Cabinet or a walloping 86.3 per cent were in the old Abdullah Cabinet, with two as Deputy Ministers!
I am taking this opportunity on the eve of the first working meeting of the Najib Cabinet tomorrow to ask the new (actually mostly old) Ministers to focus on eight issues:
1. Convene emergency meeting of Parliament before end of April to secure a motion of confidence from the majority of Members of Parliament, not only for the most unpopular and unrepresentative Cabinet in the nation’s history but also in view of the national and international crisis of confidence over Datuk Seri Najib’s credibility, integrity and legitimacy as Prime Minister.
Datuk Seri Abdullah Ahmad Badawi secured a motion of confidence in Parliament in his first week as the fifth Prime Minister in November 2003 while Datuk Hussein Onn convened an emergency meeting of Parliament to secure a motion of confidence in his first fortnight in office as third Prime Minister, when succeeding Tun Razak in January 1976 when Tun Razak died of leukaemia in London.
2 Spell out clearly whether the new Najib motto of “1Malaysia” is just a camouflage for “Ketuanan Melayu”, itself a camouflage for “Ketuanan Umnoputras” – which was quite explicit in the Mingguan Malaysia interview of Deputy Prime Minister Tan Sri Muhyiddin Yassin.
The MCA response that Muhyiddin’s interview is contrary to Najib’s “1Malaysia” lacks credibility, especially with Muhyiddin’s pledge yesterday to help Najib achieve his vision of 1Malaysia.
The least the Najib Cabinet should do tomorrow is to repudiate Muhyiddin’s retrogressive and racist views in his Mingguan Malaysia as not representing the 1Malaysia objective, that 1Malaysia is not equivalent to the “Ketuanan Melayu” concept, and the whole Cabinet should apologise for Muhyiddin’s interview if Muhyiddin is not prepared to make a personal apology over it.
3. Declare corruption as Public Enemy No. 1 and ask all Ministers who are not prepared to support an all-out war against corruption to resign.
The big difference between the first 11 days of the first Abdullah premiership with that of Najib is that Abdullah had already repeatedly declared a war against corruption, while Najib had not even mentioned “corruption” once in the past 11 days.
In his maiden speech on his fourth day as Prime Minister, made in Parliament on November 3, 2003, Abdullah pledged to lead a government that was “clean, incorruptible, modest and beyond suspicion” – none of these four qualities had even been mentioned by Najib in his 11 days as Prime Minister!
It is sad public knowledge that the Abdullah premiership failed to “walk the talk” and chalked up an abysmal failure in anti-corruption efforts, as reflected in the plunge of Malaysia’s Transparency International Corruption Perception Index from No. 37 in 2003 to No. 47 in 2008.
But this failure cannot be blamed on one person, Abdullah, but must be shared by the new Najib Cabinet as over 86 per cent of the Najib Cabinet were in the previous Abdullah Cabinet.
4. Give top priority to the economic crisis.
The Najib Cabinet should focus on rallying and uniting all Malaysians to face the worst global economic crisis and stop playing political games which only divide the people and undermine Malaysia’s resilience and capability to recover from the economic crisis in the shortest possible time. This is why the two economic stimulus packages of RM7 billion and RM60 billion respectively had failed to make any significant impact to address the economic crisis because their conception and implementation were driven by politics rather than economics.
5. End the undemocratic, unethical, illegal and unconstitutional power grab in Perak.
The worst example of the Najib premiership playing divisive politics when the country is facing a deepening economic crisis following the global financial meltdown is the undemocratic, unethical, illegal and unconstitutional power grab in Perak. The Cabinet should heed the clear messages in the Bukit Gantang and Bukit Selambau by-elections on April 7 and end the two-month political and constitutional stalemate by returning the mandate to the Perak voters. Dissolve the Perak State Assembly and hold Perak state general election so that the people of Perak and Malaysia can unite to “fight economics” instead of “fight politics”.
6. Police must get back to their first job to ensure personal safety of citizens, visitors and investors and check spiralling crime.
The latest case of a Singaporean, Kalaiarasan Thorasamy, 42, butcher, who was killed on his way to visit his nephew in Johore on Sunday night when he was set upon by a gang of parang-wielding men, together with a spate of horrible crimes in Johore Bahru in the past few days, have again accented the notoriety of Johore Bahru as the crime capital in the country – and the failure of the police to carry out its most basic responsibility to reduce crime and to make Malaysians, visitors and investors safe in the country.
It was to ensure that Malaysia has an efficient, incorruptible, professional world-class police service which could keep crime low and uphold human rights that the Royal Police Commission announced by Abdullah in his First 100 Days recommended the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC).
One of the biggest failures of the Abdullah premiership is its inability to implement the IPCMC proposal.
The Najib Cabinet cannot send a clearer message that it is serious about implementing the Royal Police Commission proposals for an world-class police service, to keep crime low and end police abuses like the Kugan death in police custody, than to announce that it is committed to the establishment of IPCMC.
7. Repeal ISA and all draconian and undemocratic laws. To demonstrate that Najib is sincere and serious about a “comprehensive review of the Internal Security Act”, the Cabinet tomorrow should make a three-point commitment, viz:
that the government would not resort to the ISA detention-without-trial law pending the review and announce the suspension of the detention-without-trial provisions of ISA for two years;
that the ISA review, which include the repeal, is part of a comprehensive review of undemocratic, repressive and draconian laws including the Police Act, the Printing Presses and Publications Act, the Official Secrets Act, the Sedition Act, etc.
that the “comprehensive review” would be conducted by an independent and credible Royal Commission comprising members respected by Malaysians for their human rights record and work.
8. First-World Parliament
- full commitment to comprehensive parliamentary reform and modernization including an Opposition MP to head the Public Accounts Committee, ministerial status for Parliamentary Opposition Leader, a full Select Committee system headed by Parliamentarians where every Ministry is shadowed by a Select Committee and the allocation of Opposition Days in Parliament where the parliamentary business is decided by the Opposition.
Tuesday, 17 March 2009
Selective Prosecution Against Karpal Singh - Bar Council
(Source : The Malaysia Bar Website)
The Bar Council is shocked and troubled that the Attorney-General has proceeded to charge YB Karpal Singh under the Sedition Act 1948 (“Act”) for his statements on the issue of the removal of the Perak Menteri Besar Dato’ Seri Nizar Jamaluddin by HRH Sultan Azlan Shah and the events that have unfolded in that state.
The Bar Council has been steadfast in its view that the Act is a draconian and archaic piece of legislation that undermines democratic institutions and is an absolute affront to democracy. Along with other authoritarian and repressive legislation, the Act severely encroaches upon the public enjoyment and exercise of fundamental civil liberties. The prosecution of YB Karpal Singh will be widely perceived as being selective and an attempt to pacify the partisan calls from certain influential sections within UMNO who were pushing for his prosecution. They have even outrageously called for the revocation of his citizenship.
It is abundantly clear that YB Karpal Singh had only voiced his opinion that the decision of a Ruler of a State in this area of constitutional law and practice is justiciable. At no time did he voice disrespect for or challenge the institution of the monarchy in any way. True to his calling as an advocate and solicitor, YB Karpal Singh had, without fear or favour, spoken of the possibility of a legal remedy and not advocated any recourse outside the ambit of our Constitution. This is surely permissible under the Constitution and cannot, by any stretch of the imagination, amount to sedition.
Many issues of public concern have arisen in the wake of the unprecedented events unfolding in Perak. Legal and public opinion are divided as to what is legally permissible and what is morally right. We urge the government to demonstrate its commitment to the rule of law and to democratic processes by encouraging open discourse on issues of concern to the Malaysian public. Any attempt to stifle public opinion by resorting to the Act is a sure act of regression that is antithetical to democratic principles.
We strongly urge the government to seriously review the Act with the aim of its eventual total repeal. We are concerned with the series of recent prosecutions against those exercising the freedom of speech and call for an immediate end to such harassment.
The charge against YB Karpal Singh must be immediately withdrawn.
Ragunath Kesavan
PresidentMalaysian Bar
17 March 2009
Gobind Singh Suspended - For Questioning Najib Link to Altantuya Murder
(Extracted from Lim Kit Siang Blog)
Parliament convened as a court of justice this morning to decide the fate of DAP MP for Puchong, Gobind Singh Deo, over what transpired in Parliament last Thursday but it operated as a kangaroo court as Gobind was not even allowed the floor to defend himself.
For the first hour, Pakatan Rakyat MPs raised one objection after another against the motion to suspend Gobind for one year as MP without pay and privileges, from the propriety of the motion whether from the standpoint of the Parliamentary Standing Orders, the Houses of Parliament (Privileges and Powers) Act 1952 or the Federal Constitution, to questions including double jeopardy and sub judice but they were all brushed aside by the Speaker Tan Sri Pandikar Amin.The Speaker also rejected the amendment by the DAP MP for Ipoh Barat, M. Kulasegaran to the motion by the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz so as to refer Gobind to the Committee of Privileges over the charges cited in the motion: that Gobind had breached parliamentary privileges in alleging the involvement of the Deputy Prime Minister, Datuk Seri Najib Razak in the Altantuya Shariibuu murder case.
I told the House that questions about Najib’s involvement in the murder case are public interest issues, which have been raised not only in the House, but in the country and internationally.
These questions are not parliamentary contempts or parliamentary privileges, in view of the many circumstances giving legitimacy to these queries which Najib had failed to avail himself of the right to reply in the House to dismiss or clarify, including:
- Testimony by the investigating officer of the murder case that Najib was an important witness but he had not been questioned;
- Court testimony of a photograph showing three persons, including Najib and Altantuya;
- Statutory declaration by a private investigator on Najib’s relationship with Altantuya;
- The involvement of members of the police elite unit guarding the deputy prime minister in the murder case.
Pakatan Rakyat MPs staged a protest walk-out when Gobind and other PK MPs, apart from Anwar and myself, were not allowed speak in the debate – and the motion suspending Gobind for one year without pay and privileges was passed by the Umno/Barisan Nasional in Parliament.
Sunday, 19 October 2008
RM2.3 billion Eurocopter deal - as presented in Parlimen
The following speech by YB Lim Kit Siang was extracted from DAP website:-
Speech (3) by Lim Kit Siang on the 2009 Budget in Parliament on Tuesday, 14th October 2008:
The first thing Datuk Seri Abdullah Ahmad Badawi did as Defence Minister was to announce on 26th September that the Defence Ministry has agreed to acquire new helicopters from European helicopter manufacturer, the Eurocopter, to replace the Nuri.
This RM2 billion deal lacks accountability and integrity.
Four helicopters had been “short-listed” by the Ministry of Defence to replace the fleet of Sikorsky S61-A4 Sea Kings better known as the Nuri.
The four are the Eurocopter Cougar EC725, Sikorsky S92, Agusta Westland EH-101 Merlin and the Russian-made Mil Mi-17 Hip.
However, Abdullah shocked everyone with his announcement as the “short-listing” had not been completed and the pricing of the EC725 is not competitive compared with the other helicopters.
The pricing offered by the “short-listed” helicopters are:
Eurocopter Cougar EC 725 - Euro 463.44 juta (RM2.317 billion);
Sikorsky - US$427.20 juta (RM1.45 billion)
Canadian Kelowna Flightcraft Ltd. Model Kazan MI-172 buatan Russia
- US$312 juta (RM1.061 billion)
This means that there is a difference of RM1.256 billion between Eurocopter Cougar EC 725 with the lowest bidder, the Kazan MI-172 KF – in other words, with US$600 million the Royal Malaysian Air Force can buy 26 units of Kazan helicopters and not just 12 Cougar helicopters.
In his speech yesterday, the Opposition Leader, Datuk Seri Anwar Ibrahim referred to the complaint by the Chairman of Mentari Services Sdn. Bhd. Kapt (B) Dato’ Zahar Hashim about the irregularity of the Eurocopter decision, and this is not just confined to the Kelowna Flightcraft Limited, Canada which submitted the bid for the Russian helicopter but also the other “short-listed” bidders as well, viz:
• Proses penilaian belum selesai tetapi dengan secara tiba-tiba arahan diberi oleh pihak tertentu supaya Letter of Intent (LOI) dikeluarkan kepada Eurocopter. LOI tersebut ditandatangan oleh seorang pegawai paras menengah di Kementerian Pertahanan dan bertarikh 15th September 2008 iaitu dua hari sebelum Datuk Seri Najib Razak berpindah dari Kementerian Pertahanan ke Kementerian Kewangan.
• Kerja yang sudah selesai adalah penelitian dokumen-dokumen tender yang dikemukakan oleh penender-penender. Penilaian fizikal iaitu memeriksa permis dan kilang penender-penender dan melakukan penerbangan ujian (test flights) belum dilakukan oleh kerana kebenaran dari pihak atasan di Kementerian Pertahanan dan Kementerian Kewangan untuk berbuat demikian belum diperolehi. Sewajarnya, penilaian fizikal adalah lebih mustahak dari penilaian dokumen-dokumen (documentary evaluation) dan anggota-anggota yang terlibat berasa hairan apabila mengetahui bahawa LOI telah dikeluarkan sebelum penilaian fizikal dilakukan.
• Proses pengeluaran LOI kepada Eurocopter agak luar biasa dan bertentangan dengan prosedur yang telah diamalkan selama ini. Biasanya LOI dikeluarkan setelah proses penilaian secara menyeluruh selesai dan sebuah jawatankuasa yang dianggotai oleh wakil-wakil dari Kementerian Kewangan dan Kementerian Pertahanan capai kata sepakat tentang produk yang terbaik bersesuaian dengan belanjawan yang telah diperuntukkan. Mereka turut berpendapat bahawa adalah menakjubkan bahawa LOI bagi kontrak yang bernilai melebihi Dua Bilion Ringgit ditandatangan oleh seorang pegawai Kerajaan bertaraf Setiausaha Bahagian dan bukan seorang yang bertaraf sekurang-kurangnya Timbalan Ketua Setiausaha.
The following are therefore the issues and questions:-
• Technical evaluation process did not follow standard international practice and was not transparent.
• Short-listing of the aircraft not as normally practiced in such tender process.
• What is the criteria for evaluating these aircraft. Is it following standard evaluation process in technical terms. Has it carried out any flight evaluation of all the aircraft.
There have been cases where manufacturers have not been able to prove what they have written in paper when flight test was carried out. There has also been instances where the manufacturers had used a different and higher performance aircraft than was specified in the written technical paper during flight test. This is why it is VERY important that a flight test valuation is carried out to ensure they comply with the specs given in the written documents.
I understand that the EC725 selected is a 40-year old aircraft, certified in the 60s and 70s. It has been modified and upgraded all these while and given a new name and term. Can this EC 725 be guaranteed to last another 40 more years with all the modifications and upgrading anticipated?
If RMAF is buying this 40-yr old aircraft, then it might as well keep the Nuris, modify and upgrade them now. It will cost only a fraction of a new aircraft, especially taking into account the Sikorsky offer had reported by Berita Minggu of 1st June 2008, viz:
Syarikat pengeluar helikopter terkemuka dunia, Sikorsky Aircroft Corporation (Sikorsky) membuat tawaran kepada Kementerian Pertahanan untuk membeli kembali 29 helikopter Nuri atau Sikorsky S-61-A4 Sea Kings, jika Malaysia membuat keputusan membeli helicopter barunya, Superhawks S-92 untuk kegunaan Angkatan Tentera Malaysia (ATM).
Eksekutif Jualan Serantau Sikorsky bagi Asia, Scott Pierce, berkata tawaran itu dibuat melalui bida dikemukakan syarikatnya kepada kementerian berkenaan, selepas Malaysia mengumumkan tawaran tender terbuka antarabangsa berhubung pembelian helicopter baru bagi pasukan itu.
Katanya, jika Malaysia memutuskan terus menggunakan Nuri bersama helicopter terbarunya, Sikorsky yang juga anak syarikat United Technologies Corporation (UTC), menyatakan komitmen membaik pulih atau meningkatkan khidmat Nuri di Negara ini.
“Sikorsky sedia membeli semua baki Nuri daripada TUDM untuk dijual kepada mana-mana pihak yang berminat, tetapi juga TUDM masih mahu menggunakan Nuri bersama helicopter S-92, kita sanggup membaik pulih dan meningkatkan helicopter berusia lebih 40 tahun itu, termasuk menukar daripada kokpit konvensional kepada kokpit kaca (digital).
“Tugas balik pulih Nuri akan membabitkan pemindahan teknologi terkini dan kepakaran kepada orang tempatan”, katanya kepada Berita Minggu pada temu bual di sini, baru-baru ini.
I am not a spokesman for Sikorsky, but this offer warrants an explanation from the Ministry of Defence as to the critera for the final selection of Eurocopter among the four “short-listed” bids.
The government had allocated US$600 million (RM1.93 billion) to buy an initial fleet of 12 helicopters, which will be in service until 2050.
Last year, the government cancelled a defence deal with the European aerospace giant EADS (European Aeronautic Defence and Space Company) for 197 helicopters to the country’s army following adverse observations by Indian watchdog authorities over alleged irregularities in the defence bidding process.
According to published reports, Eurocopter allegedly used a local firm, Global Vectra Helicorp, to help broker the deal despite a ban in India on the use of middlemen in defence deal.
Eurocopter was also accused of presenting a civilian helicopter instead of a military version for statutory field trials by the Indian army.
But what should attract the attention and concern of Parliament is that the EADS deal to sell 197 Eucopters to the Indian government was a US$600 million which the Indian government subsequently cancelled.
Parliament and the nation are entitled to know why for the same amount of US$600 million, the Indian government was offered 197 Eurocopters as compared to 12 Eurocopters to Malaysia.
In the name of accountability, transparency, integrity and good governance, I call for the immediate suspension of the RMAF helicopter award to subject it to a proper and above-board procurement process.
Friday, 26 September 2008
Can Abdullah salvage his premiership for some legacy
by Lim Kit Siang
26 Sept 2006
The fifth Prime Minister, Datuk Seri Abdullah Ahmad Badawi is now on his last leg. He has at most six months. The end could come even faster, in a matter of weeks.
A coup d’etat was staged at this morning’s emergency UMNO Supreme Council meeting, where Abdullah’s mid-2010 power-transition plan was scuttled for good.
Although Abdullah declared after the meeting that he had not decided whether to defend the Umno President’s post in March next year, asserting that “The decision is mine, you can go on guessing”, these are empty brave words as the writing is clearly on the wall of another Prime Minister and Umno President being forced out of office.
Can Abdullah salvage his premiership to leave behind some honourable legacy to future generations?
It is a great disappointment bordering on grave breach of national trust that the emergency UMNO Supreme Council meeting today had only time for the political future of Abdullah and the Umno war-lords, but no time or thought for the deepening multiple crisis of confidence confronting the nation in the past seven months since the March 8 general election.
When the Umno Supreme Council could hold an emergency meeting over the political future of Abdullah and the Umno warlords, but no time for the multiple national challenges on the political, economic, educational, institutional, good governance and nation-building fronts, Malaysians are being told in no uncertain terms as to how irrelevant the Umno leadership have become to the popular hopes and national aspirations of the people in Malaysia.
Friday, 19 September 2008
Teresa Kok ISA Experience (Her Story)
An electrical blip that plunged the DAP headquarters into darkness for some 10 minutes did not spoil the 'welcome home' party for outspoken politician Teresa Kok.
MCPXA bouquet of flowers, a cake and mooncakes were already waiting her even before she came into the conference room.
The 50-minute press conference was conducted in an almost festive note as DAP chairman Karpal Singh, Selangor MB Khalid Ibrahim and state exco colleague Elizabeth Wong joined in.
Relating the incidents of the day, Kok told of how she was tailed the whole day by police before the arrest took place on her way home last Friday.
"I was going back to my condo after a function when a car sped up to block my car while another stopped behind me.
"Police came and tapped on my window to say that I was being arrested under the ISA. My request for a phone call was rejected.
"After instructing my driver to inform the party and my family, I was taken away," said Kok.
Requests for a shower and a chance to pick up some clothings before going to the police station were also ignored, said Kok.
The police, she added, wanted to handcuff her but after pleading with them, they relented and took her to a police station without the restraints.
Kok said that she was unsure where she was taken to and only got to her cell around 4am.
During her seven-day detention, Kok said she was only questioned twice – Saturday and Sunday – on the three allegations.
After the first session on Saturday, the three-term Seputeh MP offered to write her own statement for the police.
"They gave me a laptop on Sunday and I typed out my answers to their three questions in Bahasa Malaysia," said Kok.
The rest of her detention was uneventful, said Kok, except for one day when they gave her only boiled eggs, gravy and some cucumber for lunch and dinner.
Bible to read
Initially, she was not given any reading material but later on she was given a Bible after she requested for "something". On the last two days, Kok was allowed to read newspapers.
"But I got some of the news by asking the investigating officer when I was being questioned in his room. That was the only time I got some air-cond," said the politician with an impish grin.
After the first two days, Kok was also permitted to exercise before she was returned to her '6 by 8' cell at 5.30pm each day.
The only upsetting moment in her detention was when she was told her confinement would be extended by 28 days.
"It was distressing as I had already answered their questions," said Kok.
"It was also ironic that the morning they arrested me, I was explaining to 300 businessmen from China that Malaysia was a politically stable country for them to do business with."
"Imagine, their horror when the person who spoke to them on Friday appeared in the papers the next day, detained."
On her immediate plans, Kok, said that she will return to work as soon as possible.
"In fact, I've three functions to attend tonight," said Kok.
She ended the conference by thanking everyone who had supported her, with a special note to former law minister Zaid Ibrahim, who quit after protesting the ISA arrests.
"Zaid is really my friend! Thanks Zaid and you are welcomed to join Pakatan Rakyat anytime," she quipped.
Press Statement by YB Teresa Kok
Press Statement by YB Teresa Kok, Member of Parliament for Seputeh,
Senior Exco for Selangor State Government and
ADUN for Kinrara on 19th September 2008 at
Petaling Jaya, after her release from ISA detention
My ISA Detention Is Without Any Legal or Moral Basis. It Is A Clear Abuse of Detention Without Trial
I HAVE been released after being detained in solitary confinement in a 6'-by-8' holding cell for seven days under the Internal Security Act (ISA). I was informed by the police that they detained me under Sec 73(1) of Internal Security Act 1960, which means I have incited racial and religious tension and conflict.
After being detained for seven days under the guise of so-called investigations, the police failed to produce any evidence or proof of me being involved in the activities of causing racial and religious tension.
They were only able to ask me few questions based entirely on the false and malicious article written by Zaini Hassan under the topic "Azan, jawi, JAIS, Uitm dan ba-alif-ba-ya" that was published in Utusan Malaysia on Sept 10, 2008.
The three main questions that the investigation officers asked me were:
(1) whether I have mobilised a group of residents at Bandar Kinrara to present a petition to oppose the azan at the Bandar Kinrara mosque on Sept 13;
(2) whether I have made a statement that 30% of the Selangor Islamic Department (JAIS) allocation is to be given to other non-Islamic religious bodies; and
(3)whether I have opposed to the Jawi wording road signages in Kuala Lumpur.
I denied the first two accusations as I did not do any such things as accused. I also told them that the issue of opposing road signages in Jawi in Kuala Lumpur were done in January/February 2008 at the request and following the pressure of resident associations.
The resident associations, particularly in Taman Seputeh, were most unhappy because many of the road signages were changed arbitrarily by DBKL a few months before, and changed again soon after this time with Jawi wordings. They were strongly opposed to this kind of wastage of public funds by DBKL.
I was quite surprised that there were no other questions posed to me besides these few main questions.
The Internal Security Act (ISA) is meant to detain people who threaten national security. The three issues stated above have nothing to do with national security.
If the police wanted to carry out investigation on me, they can always ask me to give statements in any of the police stations. There was absolutely no need to detain me under the ISA for seven days. This is a phenomenal abuse of the power of police under the ISA.
Besides, it is nonsensical for the police to detain me under the ISA merely based on the unsubstantiated article written by an irresponsible columnist in Utusan Malaysia .
How can they regard that article as the gospel truth without investigating the writer in the first place? How can Utusan Malaysia publish it without verifying the facts?
I wish to ask the police whether they have called Zaini Hassan and Utusan Malaysia 's editors for questioning before and after my detention.
I know that the imam of the Bandar Kinrara mosque has publicly denied that I had gotten involved in the Puchong residents' petition against the azan of his mosque on Sept 13.
I am also quite surprised to read in the New Straits Times dated Sept 19 that the official of the Bandar Kinrara mosque was called by the Dang Wangi police to record his statement only yesterday (Sept 18) afternoon.
Why did the police do it so late, one week after I was arrested? Why didn't they check their facts first before they arrested me and put me behind bars?
I have been made a scapegoat due to the internal squabbles of Umno.
I see my detention as a ploy by Umno to try to cover up the embarrassment and the outrage of the racist statements made by Ahmad Ismail in Penang. I wonder: why did they choose an innocent person like me, as I have never made any racist statements or racist speeches in the past?
I have lodged the police report on Sept 17, 2008, against Utusan Malaysia , Zaini Hassan and Datuk Seri Dr Mohamad Khir Toyo for criminal defamation. I would therefore urge the police to investigate Utusan Malaysia 's editors, those racist bloggers and Dr Khir Toyo under the Penal Code.
As I have mentioned in my previous lawyer's visit, I will sue Utusan Malaysia , Zaini Hassan and Dr Khir Toyo. I have also instructed my lawyers to sue the Malaysian government for my unlawful arrest and detention.
Raja Petra Kamaruddin should be released.
As I am freed from ISA detention today, I also call for the release of Raja Petra, the Hindraf Five and all the other 60-plus detainees under the draconian ISA.
I would also like to thank all politicians in the ruling parties as well as in the Pakatan Rakyat, NGOs, churches and all social organisations who have campaigned and prayed for my release.
Teresa Kok
Member of Parliament for Seputeh, Senior Exco for Selangor State Government and ADUN for Kinrara
Sept 19, 2008
Saturday, 13 September 2008
DAP : ISA Arrests Media Conference Statement
DAP leaders, MPs and State Assembly representatives are gathered in this media conference, together with the parents of Teresa Kok, DAP National Organising Secretary, Selangor Senior Exco Member and MP for Seputeh, to condemn in the strongest possible terms the arrest under the Internal Security Act (ISA) of Teresa, Raja Petra Kamaruddin and the senior Sin Chew Daily reporter Tan Hoon Cheng.
We deplore these ISA arrest and attacks on the media and the blogosphere which also constitute a violation of the Multimedia Super Corridor Bill of Guarantees of no Internet censorship, as the ISA detention of the RPK, the live wire of Malaysia Today news portal, is as good as Internet censorship despite formal government unblocking of the news portal.
Instead of a 916 “sky change” or “political change”, the Prime Minister Datuk Seri Abdullah Ahmad Badawi has orchestrated a 912 “sky-change” of his own, with the ISA arrests and threats to the media and the blogosphere, marking the failure of his premiership to usher in a more open, accountable and democratic administration.
It shows how little things have changed in his five years as Prime Minister – with hardly any structural and institutional reforms or changes as all the repressive laws and institutions have remained intact, just kept in abeyance awaiting to be reactivated, as has happened!
The former Prime Minister, Dr. Mahathir Mohamad took more than six years to abandon his “ABC” (clean, trustworthy and efficient) façade with the 1987 Ops Lalang, putting 106 people under ISA and closing three newspapers.
However, Abdullah took less than five years since becoming Prime Minister to show his face of repression by initiating the current crackdown, up-to-now a mini-Ops Lalang with three ISA arrests and against three newspapers.
This 2008 mini-Ops Lalang is completely unjustified and unacceptable for two reasons:
(i) going against Abdullah’s 2004 general election landslide mandate based on his reform pledges and undertaking to break from the Mahathir past of repressive rule; and
(ii) a totally synthetic crisis arising from gross misgovernance, as there is no national crisis, no racial tension or religious strain unlike the pre-Operation Lalang 1987 which saw serious racial tension resulting from a sustained and systematic campaign of racial polarization by irresponsible elements.
It is the height of irresponsibility to create a synthetic national crisis when the country is faced with a grave economic crisis and the national focus of the government-of-the-day should be to lead all Malaysians to address the economic crisis.
Abdullah is facing a personal political crisis, as evident from the open call by the Umno Vice President Tan Sri Muhyiddin Yasin on him to step down as Prime Minister earlier than his timeframe of mid-2010 and the support given by Umno Deputy President Datuk Seri Najib Razak to Muhyiddin.
However, Abdullah’s personal political crisis as to whether he would have to step down as Prime Minister much earlier than the June-2010 timeline under his “power transition” plan cannot be made an excuse to create a synthetic crisis to justify the use of draconian laws and powers like the ISA and to engender conditions to stamp out attempts by Umno leaders to bring forward his timetable to relinquish the Prime Minister’s post.
All fair-minded and right-thinking Malaysians, regardless of race, religion or political affiliation, reject the use of ISA for the arrest of RPK, Tan Hoon Cheng and Teresa Kok.
RPK’s writings are open and public. He should be charged in court if he had contravened any laws of the land, affording him the opportunity to defend himself in an open trial. The detention-without-trial ISA should not be used against RPK, as it is not only undemocratic and repressive but a clear case of abuse of power.
The detention of Sin Chew reporter Tan Hoon Cheng has evoked all-round outrage by Malays as well as non-Malays, Muslims and non-Muslims.
Everyone in Malaysia is asking – why Ahmad Ismail, the person who had made the provocative, inflammatory and racist reference to the Chinese in Malaysia is not acted against but the reporter, Tan Hoon Cheng, is detainded under the ISA just for reporting what Ahmad said? What has Malaysia become when the most elementary notions of justice and fair play have become alien ideas to the leaders in government?
Teresa’s ISA detention is most ludicrous. She had been accused by the former Selangor Mentri Besar Khir Toyo of wanting to ban the azan in a certain locality in Selangor, which was played up by Utusan Malaysia. Teresa immediately denied the allegation, which was backed up by the mosque committee concerned and the PAS MP for the area also lodged a police report against Khir for the baseless allegation.
If action should be taken, the person who should be the target should be Khir Toyo. Why was Teresa detained under the ISA?
Last night, Teresa was informed at about nine something that she could be on the blacklist of ISA arrests, with the suggestion she go into hiding. Teresa refused as she believed that there is no reason why she should go into hiding as she had not done anything wrong to the country and she was fully prepared to face any ISA arrest. I am very proud of her. I am reminded of my first ISA arrest in 1969 when some party leaders advised me not to return to Kuala Lumpur from Kota Kinabalu as I was on the ISA blacklist. I refused to run away from the country, as I maintained that when the people was going through their darkest hour, the place for me was in the country with them.
The country has been swirling with speculation as to who else were on the ISA blacklist. Among the names mentioned were the DAP Secretary-General and Penang Chief Minister, Lim Guan Eng and myself.
Teresa has already become the first woman MP to be detained under the ISA. Is Abdullah to create another history by having the first Chief Minister in Malaysia to be detained under the ISA?
I call on Abdullah or the Home Minister Datuk Seri Syed Hamid Albar to publicly declare who are on the ISA blacklist to be detained, whether Guan Eng and I are on the list. I will not go into hiding if I am on the list. There is no need for any cat-and-mouse game. Just make it public.
Cabinet Ministers should explain whether the three ISA arrests and action against the three newspapers had received Cabinet approval as Ministers like the Information Minister, Shabery Cik have openly defended the ISA arrest of RPK.
I call on Malaysians to be calm and go about their usual business peacefully and normally. They should not allow themselves to be provoked although there are irresponsible elements who want to engineer another May 13 or another full-scale Ops Lalang.
Malaysia in 2008 is completely different from 1969 when certain elements succeeded in creating a scenario of racial confrontation between the Malays and the Chinese over the May 13 incident. There is no racial confrontation in Malaysia of 2008, as the Pakatan Rakyat comprises all races – Malays, Chinese and Indians – and all religions!
I also want to call on Abdullah to pull back from the precipice of a new Malaysian dark age. Release Teresa, RPK and Tan from ISA immediately and cancel the show cause notice to the three newspapers concerned, or his premiership wll be stained forever by the repression and dark age of 912 - September 12, 2008.
(Media Conference Statement on ISA arrests of Teresa Kok, Raja Petra Kamaruddin and Tan Hoon Cheng held at DAP PJ Hqrs on Saturday, 13th September 2008 at 11.30 am)
Wednesday, 3 September 2008
Open Letter to PM & Minister from Lim Kit Siang
Open Letter to the Prime Minister and the Cabinet by Lim Kit Siang on Tuesday, 2nd September 2008:
First post-Permatang Pauh by-election Cabinet meeting tomorrow - an acid test whether Barisan Nasional government has learnt the lessons of the two "political tsunamis" in six months
YAB Prime Minister and Deputy Prime Minister,
YB-YB Cabinet Ministers,
Ten challenges which the Cabinet must address tomorrow to demonstrate that it has learnt the lessons of the two political tsunamis in six months
I believe the overwhelming majority of Malaysians have one common reaction when they read or learnt of the news of the announcement by Japanese Prime Minister Yasuo Fukudu of his sudden resignation yesterday – when Datuk Seri Abdullah Ahmad Badawi is going to resign as Malaysian Prime Minister despite his earlier announcement of the power-transition schedule in June 2010.
This may be unfair but this is a fact. Why is this so when four short years ago, the Prime Minister had won the country’s biggest mandate in the 2004 general election winning an unprecedented 91 per cent parliamentary majority?
This was one of my thoughts when I hiked up Penang Hill “48” this morning, which I had not done for a very very long time. The hour hike up and down Penang Hill “48” provided me with a very conducive atmosphere to think about the multiple crisis of confidence afflicting Malaysia – political, economic, educational, judicial, institutional and nation-building.
The idea to pen this Open Letter also came from this hike as the Cabinet meeting tomorrow is the first one after the Permatang Pauh by-election, presenting an acid test whether Barisan Nasional government has learnt the lessons of the two “political tsunamis” in six months to save the country from the multiple crisis of confidence confronting the nation.
There are at least ten challenges which the Cabinet must address tomorrow:
1. Ahmad Ismail’s racist remarks
The Cabinet must sternly and unanimously censure the Bukit Bendera Umno chief, Datuk Ahmad Ismail for his offensive, insensitive, derogatory and racist remarks about the Malaysian Chinese during the Permatang Pauh by-election campaign.
By referring to the Chinese as pendatang, orang tumpang and totally untrustworthy Malaysians, and going into hiding after making the offensive and racist remarks, Ahmad had spoilt the 51st Merdeka anniversary celebrations and sabotaged the Prime Minister’s 51st National Day Message calling on every Malaysian to give importance to solidarity, as “it is the cornerstone of the country’s political stability, social harmony and economic competitiveness”.
The Prime Minister has also caused great dismay and distress among right-thinking Malaysians as he has chosen to demonstrate his “solidarity” with Ahmad when he should be an exemplar for Bangsa Malaysia.
Is there any Cabinet Minister who is prepared to point out tomorrow that the Prime Minister’s response in condoning Ahmad’s racists remarks is weak, unworthy and unacceptable?The Prime Minister’s statement: “I will tell him not to do it again…. I don’t think he meant it. I’ll make sure to tell him not to use it again” raises many questions.It means that the Prime Minister had neither met, discussed nor reprimanded Ahmad or he would not have used to future tense of “I will tell him not to do it again”.
How can Abdullah ensure that such offensive, insensitive, derogatory and racist language would not be used again when even in Parliament recently, Umno MPs could hurl racist abuses like “Balik Cina” without any censure by UMNO or BN leadership?
Or shouldn’t the Ahmad Ismail furore be raised and discussed in the Cabinet at all? In that case, let the Cabinet explain its double standards in rejecting the apology of Wee Meng Chee for the “Negaraku” rap video-clip just before the 50th Merdeka anniversary last year, with Umno Ministers competing with each other to demand all sorts of penalties including stripping him of his citizenship as compared to the case of Ahmad Ismail!
2. Declare Malaysia Day on Septembert 16 as a national public holiday
Sabah and Sarawak have suddenly become very important after the March 8 “political tsunami”, not so much to end the long-standing neglect and marginalisation of the rights of the people of Sabah and Sarawak as distinct from those of the leaders of Barisan Nasional in the two states but to ensure the survival of the Barisan Nasional power structure at the federal level.
This is just not good enough as the people of Sabah and Sarawak feel being made used of just to perpetutate the vested interests of the Barisan Nasional in Kuala Lumpur, without any change of heart by the Barisan Nasional leaders.
After 45 years, the people of Sabah and Sarawak must be made to feel that they are an integral part of the Malaysian federation with the Cabinet taking the first step in declaring Malaysia Day on September 16 as a national public holiday with effect from this year.
3. Commitment to establish IPCMC by end of the year
Despite increased budget allocations for the police, Malaysians today feel even more unsafe whether in the streets, public places or the privacy of their homes compared to five years ago when Datuk Seri Abdullah Ahmad Badawi became Prime Minister.
In Pasir Pinji in my parliamentary constituency of Ipoh Timur, there is a reign of fear following a sudden spate of violent thefts leaving the residents and the petty trading community worry for their lives.
This is not an isolated development in Ipoh but represents a worsening situation of law and order in the country, which has made Malaysia unsafe and insecure for its citizens, visitors and investors.
So far there is no political will to fully implement the recommendations of the Royal Police Commission, including the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC) to create an efficient, incorruptible, professional world-class police service to keep crime low.
Let the Cabinet make a policy decision tomorrow to establish the IPCMC by the end of the year.
4. Restoration of an independent, impartial, professional and meritocratic judiciary
The Cabinet has failed Malaysians in failing to set up a Judicial Appointments Commission to restore national and international confidence in the independence, impartiality, integrity and meritocracy of the judiciary.
There must be a Cabinet commitment that although such a Judicial Appointments Commission has not yet been set up, the Prime Minister will respect and follow the spirit of consultation intended in such a judicial reform when appointing the next Chief Justice as the current Chief Justice of Malaysia Datuk Abdul Hamid Mohamad will retire on 17th October 2008.
The Prime Minister and the Cabinet must be forewarned that it does not serve the cause of justice or the nation if the country is plunged into a new judicial crisis because of the appointment of the first Umno Chief Justice in the nation’s history in utter disregard of a proper consultation with the relevant stakeholders such as the Bar Council, the Parliamentary Opposition and the civil society, and in keeping with the principles of accountability, transparency and good governance.
This Open Letter to the Prime Minister and Cabinet is still a work-in-progress. However, because of time factor, I am making public the first four of the ten challenges to give time for deliberation by the Cabinet while the rest of the Open Letter would be finalized and released before the end of the day.
This is one beauty of the Internet era of instant communication and there is no reason why Malaysians should not fully make use of such facilities opened up by the information age.
5. Zero tolerance for corruption
Let the Cabinet declare a new National Integrity Plan objective of zero tolerance for corruption – with Malaysia ranked among the top 10 countries which are least corrupt in the world.
Although there is a flurry of arrests by the Anti-Corruption Agency (ACA), Malaysians are reminded of the earlier flurry of ACA activities in the first few months of the new Abdullah premiership which finally fizzled out into nothing – with Malaysia’s ranking in the annual Transparency International Corruption Perception Index plunging from No. 37 in 2003 to No. 43 in 2007.
Are the Prime Minister and Cabinet prepared to give full liberty and authority to the ACA to fight corruption even against Cabinet Ministers, Chief Ministers, Mentri-Menteri Besar and top Barisan Nasional leaders without getting any greenlight from the Prime Minister?
6. End the brain drain
Is the Cabinet prepared to admit that one fatal mistake of our nation-building policy which has led to our diminishing international competitiveness and why Malaysia has lost out to South Korea, Taiwan, Hong Kong and Singapore in the past half-a-century and continuing to trail behind more and more countries is injustice and discrimination meted out to the best and brightest talents driving them overseas.
Is the Cabinet prepared to end this crippling denial syndrome to end the brain drain of the best and brightest talents overseas – in particular stemming the brain-drain to Singapore by reinstating the principle of meritocracy and ensuring that Malaysia’s best and brightest, regardless of race, can get the best educational and employment opportunities in their own country?
7. Admit failure of Malaysias education and higher education policies
Just refer to the advertorial of Universiti Tun Hussein Onn published in the New Straits Times of August 23, page 43 to commemorate the conferment of an honorary PhD in Education on Raja Zarith Sofiah if anyone still have any doubts of the failure of the Malaysian education system, whether primary, secondary or tertiary.
It is not just about the “murder” or may be more appropriate term “sodomy” of the English language but reflects the utter sense of irresponsibility of the educational authorities which could see Malaysia plunging from a nation with internationally-recognised high standards of English language to one where we can only hold our heads in shame.
The international repute of Malaysian universities have suffered similar decline.
Is the Cabinet prepared to take a policy decision that Malaysian universities should rank among the best in the world – with at least two among the World’s Top 100 and another two in the list of the World’s next Top 100. In other words, at least four Malaysian Universities among the World’s Top 200 Universities?
8. Usher in a new era of democracy and human
Is the Cabinet prepared to initiate action to usher in a new era of democracy and human rights with the repeal of draconian and undemocratic laws which violate human rights such as Internal Security Act, Official Secrets Act, Sedition Act, Printing Presses and Publications Act and the Police Act?
9. Parliament
Neither the Prime Minister, the Home Minister or any other Cabinet Minister has been able to explain why government has rejected the proposal for the establishment of a Parliamentary Select Committee on the DNA bill, raising questions about the government commitment to create a first-world Parliament.Is Cabinet prepared to demonstrate its seriousness to far-reaching parliamentary reforms including the establishment of a parliamentary select committee whereby every Ministry would be shadowed by a Select Committee?
10. Bangsa Malaysia and Ketuanan Rakyat
Finally, is the Cabinet prepared to totally revamp government nation-building policies in accordance with the concept and vision of Bangsa Malaysia, highlighting the principle of Ketuanan Rakyat and not Ketuanan Melayu, Ketuanan Cina, Ketuanan India, Ketuanan Dayak or Ketuanan Iban?
Yours sincerely,
Lim Kit Siang
DAP Parliamentary Leader &MP for Ipoh Timor
(Malaysia Alternative Voices have no assoiciation with any political parties but article which are relevant to Malaysian in a whole is published to attact attention and create awareness from more Malaysian)