Image result for happy new year 2017

Thursday, January 19, 2017


Ratu Naga
Sessions Court rejects her move to challenge the constitutionality of a provision in Communications and Multimedia Act and fixes trial from Feb 13.
(FMT) – A building consultant, who uses the name “Ratu Naga” on her Facebook, today failed to challenge the constitutionality of a provision in the Communications and Multimedia Act (CMA), resulting from a charge she faced for insulting the prime minister on the social website in 2015.
Sepang Sessions Court judge Muhammad Faizal Ismail, in declining to refer the matter to the High Court, said legality of Section 233 (1) (a) of the CMA had been decided in 2010.
The judge then fixed trial for three days from Feb 13.
On Feb 17 last year, Syarul Ema Rena Abu Samah, represented by Melissa Sasidaran, pleaded not guilty to the charge.
The 36-year-old was charged with knowingly using the network application, through the ‘Ratu Naga’ Facebook profile, to make and initiate the transmission of offensive comments against Prime Minister Najib Razak over the Trans-Pacific Partnership Agreement (TPPA) with intent to annoy others.
The offence was allegedly committed on her Facebook page at 12.02am on Oct 6, 2015.
Those convicted could be fined a maximum RM50,000 or jailed up to a year, or both.
Last week, the Malaysian Bar criticised the government over the abuse of the the CMA that restricts the exercise of the freedom of speech and expression.
Its vice-president, George Varughese, said last year alone the number of reported CMA cases totalled at least 39, including persons questioned, arrested, charged or sentenced.
“Such resort to the CMA by the authorities has a chilling effect on the freedom of opinion and thought, and threatens to silence Malaysians.
“The misuse of Sections 233(1)(a) and 263(2) of the CMA gives rise to the perception that the CMA is yet another dressed-up political weapon,” he added.
The most recent report on the use of Section 233 (1) (a) was reported two weeks ago, where a man in Dungun, Terengganu, was arrested for allegedly criticising the prime minister.


Tun Abdul Hamid Mohamad
In 1984, the limit was increased to three years’ imprisonment, fine of RM5,000, six strokes or any combination thereof. The amendment was a non-issue. Most people did not know about it. Non-Muslims did not even care about it as it did not affect them.
Tun Abdul Hamid Mohamad, New Straits Times
To give a bit of background, the Syariah Court (Criminal Jurisdiction) Act 1965 (Act 355) was legislated in 1965. The act provided that the Syariah Court’s jurisdiction “shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding six months or with any fine exceeding one thousand dollars or with both”. That was the limit of the jurisdiction of the Syariah Court. In brief: six months’ imprisonment, RM1,000 fine or both.
The act was amended in 1984 by the Muslim Courts (Criminal Jurisdiction) (Amendment) Act 1984 (Act A612). The amendment act provides that the Syariah Court’s jurisdiction “shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding three years or with any fine exceeding RM5,000 or with whipping exceeding six strokes or with any combination thereof”. In brief, the limit was increased to three years’ imprisonment, fine of RM5,000, six strokes or any combination thereof.
The amendment was a non-issue.
Most people did not know about it. Non-Muslims did not even care about it as it did not affect them. Barisan Nasional (BN) members of parliament voted for it in unison.
Now, there is a move to amend Act 355 again. We have not seen the bill. Yet, the proposal had greatly been politicised, including the holding of a mammoth gathering (something that has never happened before), so much so that it has raised conflicting reactions that threaten to split Muslims among themselves and non-Muslims against Muslims.
That is what happens when a simple legal matter is politicised. The law had been there for half a century.
Most people, including politicians (except, maybe, those in Pas), did not even know about it, or if they knew, did not care about it as it did not affect them, the non-Muslims.
As I have said, I have not seen the bill. However, I assume that when the bill is finalised by the Attorney-General’s Chambers, it will be constitutional and the amendment is nothing more than to increase in the jurisdiction of the Syariah Court. This article is written on that assumption.
Act 355 is a law that limits the jurisdiction of the Syariah Court. The proposed amendment is to increase it. It had been done before. Indeed, amendment of law to increase the jurisdiction of the courts, especially the civil court, is a common occurrence.
Usually, the proposal comes from the judiciary. It was never politicised nor did it become a political issue.
What makes it different this time? In one word, “politics”. First, the proposer is an opposition political party, Pas. Pas has survived and grown mainly on hudud. It is the best asset Pas has. It does not cost Pas anything. It does not decrease in amount, value or importance. It brings votes. Pas knows that it cannot be implemented due to constitutional and legal constraints.
In 1993, the Pas-controlled Kelantan State Legislative Assembly, mainly for political reasons, passed the Syariah Criminal Code (II) Enactment 1993 (Kelantan), containing, inter alia, criminal law offences under the federal jurisdiction. The enactment is unconstitutional for that reason besides infringing Act 355.
It lay dormant for 20 years. Then, Brunei gazetted its Syariah Penal Code Order 2013 (the Order) with the view, in brief, to introduce hudud and qisas in the country. (Until today, the part on hudud had not been brought into force yet.) That woke Pas up. It then dug up its old enactment and began to think of how to implement it. To cut the story short, it decided to move a private bill in Parliament to amend Act 355.
DAP, playing to the non-Muslim gallery, especially Chinese, objected to it. MCA and Gerakan, not wanting to be left behind, also for political reasons, followed suit. Pas beat the religious drum louder and louder. A simple legal matter has become a national political issue.
Putting aside the emotions and the political considerations, what is the effect of the amendment, really? It permits the State Legislative Assembly (SLA) to make law to increase the jurisdiction of the Syariah Court in the respective states, if the state government wants to.
The state government may decide not to increase the jurisdiction of the Syariah Court, in which case, the existing limit remains. It is up to the state government, through the SLA, to take advantage of the amendment, if it wants to. So, even if the amendment is passed by Parliament, DAP- led Penang may just do nothing and the jurisdiction of the Syariah Court in the state will remain the same.
In Part 2 tomorrow — Frequently asked questions on Amendment 355
Tun Abdul Hamid Mohamad is former chief justice of Malaysia.


Hasan Ali joined the Pakatan Rakyat Selangor Government in March 2008. In January 2012 he was sacked from the party and the government for criticising his own party and for exposing corruption and abuse of power in the state government. One of those he exposed was the then Selangor State Financial Officer, Mohd Arif, who DAP wanted promoted to Selangor State Secretary but whom HRH the Sultan rejected.
Raja Petra Kamarudin
Hasan Ali was sacked for exposing corruption and abuse of power in the Selangor State Government
Dr Hasan Mohamed Ali of PAS won the Gombak Setia state seat in Selangor in the March 2008 general election and was appointed an EXCO Member of Selangor. However, Hasan, although a senior member of his party and of the Selangor State Government, was very vocal and criticised the government plus exposed the corrupt acts and abuse of power in the state.
Hasan’s critics then accused him of working for Umno and of being an Umno Trojan horse whose job is to bring down the Pakatan Rakyat state government. They even said that if the Pakatan Rakyat State Government can be brought down Umno would reward Hasan with the post of Selangor Menteri Besar.
In January 2012, at the insistence of DAP and PKR, Hasan was sacked from PAS and removed as the EXCO Member in the Selangor State Government. Hence ended the career of the PAS veteran who refused to keep quiet and kept exposing wrongdoings in the Selangor State Government. Hasan mistakenly thought that freedom of speech includes freedom to criticise the opposition and their own friends in the coalition.
On 26th March 2012, The Malaysian Insider reported the Hasan Ali episode, which you can read below.
Mohd Arif Ab Rahman
Mohd Arif Ab Rahman was exposed seven years ago but only now arrested and made to face the music
Now, what is most interesting about The Malaysian Insider’s report is the fact that Hasan mentioned the State Financial Officer, Mohd Arif Ab Rahman, which we wrote about yesterday (When DAP quarrelled with the Sultan regarding Mohd Arif). It seems Mohd Arif has had a long-term relationship with Anwar Ibrahim and Selangor Menteri Besar Azmin Ali since the days when Anwar was the Finance Minister and Azmin was his secretary.
According to Hasan, Arif received RM250,000 a year from state-owned firms to go on overseas holidays plus a monthly salary of RM100,000 for “being a silent director” in all these companies. That is almost RM1.5 million a year on top of his government salary and perks. What The Malaysian Insider did not dare publish was the allegation that Mohd Arif was the frontman or bagman for Pakatan Rakyat and was collecting money on their behalf, half of which he takes as his ‘commission’ or ‘finder’s fee’. No one does business with Selangor unless there is a commission involved.
You can view Hasan Ali’s statement that was recorded on video here:
Tolong siasat Y.B. Dato` Mohd. Arif Bin Abd. Rahman – Hasan Ali
HRH the Sultan of Selangor rejected Mohd Arif’s promotion to Selangor State Secretary in January 2011 and this upset DAP who triggered a Constitutional Crisis by accusing His Highness of meddling
I know for a fact that a thick dossier of all these wrongdoings with all the evidence was handed to the MACC back in 2010. I also received a copy of these documents and, in fact, had published some of them. The MACC, however, decided not to do anything or NFA (No Further Action) with no explanation as to why they closed the file. We can only assume it was because at that time the MACC was the fourth coalition member of Pakatan Rakyat.
On 5th January 2017, a blogger posted a story titled Datuk Arif Pernah Didedahkan Rasuah Oleh Hasan Ali (READ HERE). The talk amongst PAS members is that Hasan was unjustly sacked for exposing corruption and abuse of power in the Selangor State Government, and that those who got rid of him have since left PAS to join PAN a.k.a. Amanah, DAP’s Muslim party, and that it was DAP and PKR who forced PAS (now all in PAN) to get rid of Hasan.
(The Malaysian Insider, 26 Mar 2012) – Sacked Selangor executive councillor Datuk Hasan Ali insisted today that his expenses while in office of least RM850,000 that was questioned last week by Azmin Ali were all approved by the state government.
The former state PAS chief, who was sacked from PAS and the state government in January for continuously attacking Pakatan Rakyat (PR) for not respecting Islam, Malays and the royalty, also called on the state to investigate similar expenditure by other EXCOs and state subsidiaries.
“The renovations were for my EXCO office, to fit 19 staff. The cost is lower compared to the offices of Dr Xavier Jayakumar and Dr Halimah Ali,” the Gombak Setia assemblyman told a press conference, referring to his former EXCO colleagues.
Hasan also alleged that state financial officer Datuk Arif Abdul Rahman has been given RM250,000 a year by state-owned firms to go on overseas holidays and receives a monthly salary of up to RM100,000 for “being a silent director” on these companies.
On Friday, PKR deputy president Azmin accused Hasan of spending RM300,000 to renovate his office, RM550,000 for the launch of the Selangor Malay Customs and Heritage Corp (Padat) when he chaired the state body and bypassing open tenders for road maintenance contracts when he was EXCO for infrastructure and public amenities.
But Hasan said the Gombak MP “has no locus standi to question my credibility” as the latter has also not explained various financial and personal allegations.
He instead called on Mentri Besar Tan Sri Khalid Ibrahim to order a full investigation into expenses made by other EXCOs and state companies.
“I want him to compare each EXCO and see how much we’ve spent per capita for each staff and floor space.
“Then we will see where is Hasan Ali. I am sure compared to some state companies, they have spent up to three times more,” he said.
He claimed the alleged benefits and wages received by SFO Arif from state-linked firms such as Kumpulan Darul Ehsan, Worldwide Holdings and PKNS since 2008 as an example of the lack of transparency in Khalid’s administration.
He also explained to reporters that RM550,00 was spent for the Padat event as there were several other programmes held in conjunction with the launch, all of which were approved by the state government.
Hasan was sacked from the party on January 8 after urging opposition supporters to avoid a rally the next day in support of Datuk Seri Anwar Ibrahim as his sodomy trial verdict was handed down.
The former Selangor PAS chief was later also removed as state EXCO for religious affairs, Malay customs, infrastructure and public amenities.

Blackout at JB's Hospital Sultan Ismail, TNB blamed

An electricity blackout occurred this morning and disrupted operations at Johor Bahru's Hospital Sultan Ismail.
When contacted, a hospital staff refused further comment, apart from confirming the incident, and said Tenaga Nasional Bhd (TNB) was to be blamed.
"Yes until now there is still a blackout.
"For further information please call TNB, because this is all TNB's fault," she told Malaysiakini at 9.45am.
The staff added that they were instructed not to release further information to the public.
The extent of the blackout so far remains unclear.
According to the TNB Careline, repair works have been ongoing since 9am at TNB sub-stations in Majidee, Tebrau and Taman Mount Austin.
"If the hospital is located within these areas, then that would be the cause of the shortage," said a TNB operator.
It is understood that all public hospitals are required to maintain a centralised Uninterrupted Power Supply system as well as back-up generators in the event of such emergencies.
Another hospital staff member later said that power had been restored since afternoon but all questions should be directed to the state health department.
Malaysiakini has contacted the Johor health department and is awaiting a response.- Mkini

'Spirit of the constitution best way out for ruler-rakyat conflict'

All parties who are in conflict today should adhere to basic principles under the Federal Constitution as the best "way out" to preserve harmony between the royal institution and the people.
In making the call, Parti Amanah Negara deputy president Salahuddin Ayub cited the principle that everyone is seen as equal under the law.
"Whether it involves the royal institution represented by the Malay rulers or the common people represented by politicians elected via the parliamentary democracy system, all parties should 'watch their steps' as to not cross into the lines defined by the Federal Constitution.
"Amanah hopes that all parties in conflict today would return to the spirit of what has been enshrined under the Federal Constitution and their oath of office as the best way out to preserve harmonious relationship between the country's royal institution and the people," he said in a statement.
"The discussion table is still wide open for both parties to put an end to their differences," said Salahuddin, who did not mention any names.
His call however was made following the royal rebuke issued by Johor ruler Sultan Ibrahim Sultan Iskandar towards former premier Dr Mahathir Mohamed's claims of China domination in the Forest City project.
The Johor sultan had blasted Mahathir on Monday, saying that he was "deeply offended and hurt" by the Parti Pribumi Bersatu Malaysia chairperson's comments made over the past weeks.
Mahathir had penned a letter in response on Tuesday but the Johor sultan yesterday said he has said all that needed to be said and was not interested in further debates.
He had previously claimed in a series of comments and blog posts that huge tracts of land around Johor Baru were being sold to foreigners with no restriction, and there would be mass immigration to take up residence in these new cities.
Mahathir raised these concerns based on a Bloomberg report that claimed Forest City would accommodate 700,000 new houses upon its completion.- Mkini

Perak asked why low-cost housing project given to China

Controversy over handing of local projects to China continues with Perak questioned on its award of housing projects that do not require foreign expertise.
Parti Amanah Negara (Amanah) has spotlighted the agreement with China Huashi Enterprises Company Ltd for the second phase of the affordable housing project 'D'Aman Residensi' in Meru Raya, Ipoh, signed on Jan 16.
"We are asking what justification the state government has in awarding the project to a foreign company when there are many local developers and companies that can undertake the said project.
"This is especially since the construction of affordable husing isn’t a project that require special skills and a foreign company has to,be chosen as the developer," Perak Amanah Youth chief Hasnul Zulkarnain said in a statement.
"Such projects should really be offered to local developers, as it indirectly gives the chance for the state residents to uplift the construction sector in the state," he added.
Hasnul asked if the contractor was selected through an open tender or direct negotiations, and if the company had offered a lower project cost than local firms.
"If the cost (offered by China Huashi Enterprises) is lower, then we hope the prices offered to the people will be far lower than the current prices.
"Offer housing that we can truly afford to buy, not just afford to look at," Hasnul quipped.
The statement follows the ongoing controversy over China's recent investments that have led to some questioning if this would lead to the superpower extending its influence over the country.- Mkini

OIC to meet in KL today to discuss Rohingya issue

The Organisation of Islamic Cooperation (OIC) Council of Foreign Ministers will hold an extraordinary session in Kuala Lumpur today to discuss the situation of Rohingya Muslims in Myanmar.
Malaysia, which requested OIC to convene the meeting, will chair the one-day event at the Kuala Lumpur Convention Centre with all foreign ministers from 57 member countries expected to attend.
The meeting will begin at 9.30am with a senior officials meeting and Prime Minister Najib Abdul Razak is scheduled to deliver his keynote address at the meeting.
Foreign Minister Anifah Aman, who is also acting as the chairperson for the extraordinary meeting, and OIC secretary-general Yousef Ahmad Al-Othaimeen will also address the meeting.
This will be followed by the ministerial-level meeting.
According to reports, the ongoing crisis in Rakhine state has caused thousands of Rohingya to flee Myanmmar with reports of atrocities, including rape and murder, which has been denied by the Myanmar government.
The Kuala Lumpur meeting is expected to issue two documents - resolutions and a joint communique to show their united stand regarding the matter.