Thursday, April 24, 2008

THURSDAY, APRIL 24, 2008

Will the Bar Council dinner burst a bubble?

The Bar Council dinner exposed an attempt by the executive to divert attention. The fired jusges were compensated but yet are given public-sympathy-raising compensations. The offenses in the judicial dismissal is not established and yet the PM make an act tantamount to admitance of guilt. 

Former justice Azmi Kamaruddin is not satisfied. Yet Gopal Sri Ram's nephew and Bar Council President, Ambiga can be so happy-happy and postive. Whats really brewing and what will it lead to? 

This piece by Matthias Chang explains the insidious hands at work behind the Bar Council recent dinner which Pak Lah gave an "apology but not apology" speech. A commentory in my earlier posting provide a glimpe to what is to come ...

Pak Lah: The Joker and the Lady-in-waiting

UMNO better rid of Pak Lah before the financial tipping point in May and June

The Shadow Play

My book, “The Shadow Money-Lenders and the Global Financial Tsunami” has been on sale in books shops since March 2008. Therefore, there is no excuse for Pak Lah and the 4th Floor Boys not to know (if they have their heads between their legs all this while) that the global financial tsunami is going to hit Malaysia anytime soon, specifically in May / June 2008.

In desperation to regain popularity with the rakyat, Pak Lah and his spin doctors are diverting the attention of the rakyat from the more critical issue of our economy and the urgent protective measures that need to be taken, to the restructuring of the ACA and the Judiciary.

They conspired with the “Lady in Waiting” Madam Ambiga (the President of Malaysian Bar Council) and her foreign backers (US and British Officials) and some very frustrated senior lawyers (past Presidents and Secretary of the Bar Council) who delude themselves that they are the powers behind the scene and that they can extricate Pak Lah from this mess .

The joker in the pack is our de facto law Minister, Zaid Ibrahim. Anxious to please his political master, he directed the Lady-in-Waiting to organise a dinner to announce the establishment of the Judicial Appointments Commission and the ex-gratia payment to some judges who made the mistake of defending Tun Salleh.

1988 Revisited

In 1988, I was one of the most vocal voices defending Tun Salleh when a tribunal was established pursuant to the request of the Agong to investigate into the misconduct of Tun Salleh.

When the Malaysian Bar EGM was convened to consider the issue, most senior lawyers were against supporting and or defending Tun Salleh because they were pissed-off with his judgment in the UEM case. I stand to be corrected, and the minutes of the EGM will show that I was the first person to speak in favour of defending Tun Salleh, on the grounds that we were not defending the Tun Salleh, the person, but the office of the Lord President. The rest is history.

I have on record and there are witnesses, that the late Justice Eusoffe Abdoocader thanked me publicly for my vigorous defence of the Judges.

I have since regretted my defence of Tun Salleh, because Tun Salleh has failed to tell the truth as to the reasons why the then Agong wanted him to be sack within 24 hours on receipt of a letter from Tun Salleh.

At the material time, I was not aware of this letter.

And this letter has nothing to do with the complaint (2nd Letter) to the Agong that the Judiciary has been unfairly criticised by the Executive. This letter was not the cause for the demand for Tun Salleh’s removal.

I wonder, whether if the five judges who came out to defend Tun Salleh knew the true facts, they would have acted in the manner in which they did.

If I had known of this “First Letter” I would not have defended Tun Salleh!

I therefore called upon Tun Salleh to openly explain the contents of the First Letter which he wrote to the Agongand the reasons for keeping silent all these years. Additionally, Tun Salleh must disclose whether he had disclosed and explained to his fellow judges about this letter to the Agong and the reaction of the Agong to his insolent letter.

The truth must come out.

Tun Salleh has demanded accountability and transparency. I now demand accountability and transparency from Tun Salleh.

I also demand from Pak Lah, Zaid Ibrahim, the Joker and Ambiga, the Lady-in-Waiting whether they were aware of this letter which Tun Salleh wrote to the Agong.

The Diversion Before The “Erections”!

The conduct of Zaid Ibrahim, the Joker and the Lady-in-Waiting is very odd. Why did they not organised a dinner to “compensate” the Judges in 2003, when Pak Lah became the Prime Minister, if they were of the view that such an event could not have been feasible during Mahathir’s administration?

Why not in 2004, 2005, 2006 and 2007?

In fact, when the Joker was the President of the Muslim Lawyers Association, he was most strident in criticising the Malaysian Bar for defending Tun Salleh. The Lady-in-Waiting did not play any significant role at the material time.

Why now, after the massive rejection by the voters of the Pak Lah administration and the strident demands of UMNO members that he should step down immediately.
The joker, Zaid Ibrahim was found guilty of “money politics” (this is UMNO political language for corruption) and was not even selected as a candidate to stand for the recent 12th General Elections. To divert attention from the crime of indulging in money politics, he wrote a book and several articles which were published in the main stream press giving the impression that he was a progressive and a reformer!

This can only happen in Malaysia – to have a joker, guilty of “money politics” tasked with the responsibility of reforming the judiciary and to promote integrity!

Right on cue, and just before the elections, the Lady-in-Waiting led a march to protest and demand a Royal Commission to investigate into the “Lingam Tapes”.

A whole month before the elections, the mass media played up the “scandal of the Lingam Tapes” to divert the attention of the electorate from the scandals and corruption of Pak Lah and his family.

The effort was wasted. The anger of the voters against Pak Lah and his corrupt family only intensified and they saw through this sordid attempt to white-wash the crimes of Pak Lah and his family.

Now, when the UMNO grassroots are at fever pitch to demand the ouster of Pak Lah, the Joker and the Lady-in-Waiting are attempting another diversion.

It is therefore time to expose their theatrics.

The Challenge

I therefore challenge the Joker and the Lady-in-Waiting to an Open Public Debate on the following issues:

1. Whether Tun Salleh was rightly dismissed for his misconduct.

2. Whether the just announced reforms of the Judiciary is sincere and effective.

3. Whether the Lady-in-Waiting has lobbied directly or indirectly for judicial appointment.
Once again I invite Raja Petra of Malaysia Today to be the moderator.

The rules are simple:

1. Each party to be allowed to speak for half an hour: no-holds-barred.

2. Each party to cross examine the other party for half an hour: no-holds-barred.

3. Let the Court of Public Opinion decide.
The Joker and the Lady-in-Waiting have 48 hours to response to this challenge.

Why This Challenge

This is the only way to stop the diversionary tactics of Pak Lah’s cronies and lackeys. Once they are exposed, they will never dare repeat such nonsense.

We can then focus on the real issues – the global financial crisis that will devastate our economy. The IMF has already stated that no countries will be spared in this crisis. Go to their website and find it out for yourself.

I am willing to state here and now, that by end May or early June, crude oil price will hit US$150. It could be more. The government is not even ready for this scenario. The crooks are too busy looting the treasury!

I was spot in 2007 in forecasting that crude oil would hit US$100 and this was way before the sub-prime crisis in July 2007.

I was spot on in forecasting that gold would hit US$1,000 an oz. I was spot on, and the only analyst in Malaysia to state categorically that the financial crisis that first exploded in the USA was a global banking crisis – the collapse of the global banking system. This has since been confirmed by the Fed and G-7 Central Banks.

The country needs to focus on this and not the theatrics of Pak Lah and his cronies!

What Pak Lah is trying to do is to arrange his financial affairs - to siphon off billions - before he steps down. This is the ultimate crime and the actions of the Joker and the Lady-in-Waiting are an attempt to divert our attention from this crime.

Don’t let Pak Lah get away with this plunder!

Matthias Chang
21st April 2008
In my Malay posting on another possible clash of the executive and the judiciary, this comment caught my attention.

MENGADAP KEBAWAH DULI YANG MAHA MULIA TUANKU SULTAN ISKANDAR IBNI ALMARHUM SULTAN ISMAIL.

AMPUN TUANKU,

PATEK INGIN MERAFAK SEMBAH MAKLUM BAHAWA MEMANDA PERDANA MENTERI MALAYSIA TELAH MELAKUKAN 'CONTEMPT OF COURT' DENGAN MEMBELAKANGI KEPUTUSAN TRIBUNAL DIRAJA YANG TELAH MENESIHATI KEBAWAH DYMM UNTUK MEMECAT TUN SALLEH ABAS.

OLIH ITU PATEK SEKALI LAGI MERAFAK SEMBAH AGAR PERKARA INI DI BAWA DALAM MESYUARAT RAJA2.

AMPUN TUANKU.
Will the Bar Council burst a bubble?

Tuesday, April 22, 2008

Hindraf seeks UN help to address Indian issues

 Waythamoorthy

The Hindu Rights Action Force is urging the United Nations to appoint a special rapporteur to specifically look into the plight of the Indian community in Malaysia. The request was made by Hindraf chairperson P Waythamoorthy in a letter written to the United Nations High Commission on Human Rights which is based in Geneva, Switzerland on April 17.

“The Malaysian ethnic Indian has no other choice but to seek redress and solutions at the doorsteps of the United Nations,” he said in the letter. “On behalf of all those oppressed, suppressed and marginalised ethnic Indian community I formally request that you exercise all powers conferred upon you to appoint a Special Rapporteur on the Human Rights and Fundamental Freedoms Affecting the community,” he added.
                
In his letter, Waythamoorthy - presently based in London following a government crackdown on Hindraf leaders - gave examples of various issues in which the members of the community were sidelined as a result of government policies. “The majority Indian community who belonged to the plantation sectors become internally displaced persons when their traditional plantation land is acquired by government for purposes of development and their very social living lifestyle are disrupted.

“They are not provided adequate compensation for their contributions for the country’s economy over the last 200 years, not provided new job opportunities and training programs. “No permanent alternative is given to resolve their housing problems and ultimately they end up as squatters in urban and remain poor, underclass and neglected.

“When their plantation land is taken they lose their land, houses, temples, schools and end up a new poor class neglected society,” he said in his letter. Waythamoorthy also told Malaysiakini that he was invited to make a presentation on the conditions of the Malaysian Indians at the United Nations Human Rights commission in Geneva on April 17.

by Muhammad Taib

Sunday, April 20, 2008

Parrot Flower




This flower is from Thailand and it is also a protected species, not allowed to be exported. You can only view this flower here. 

Malays Under Threat ? WHAT THREAT ?

Saturday, April 19, 2008 

 

by

Azmi Sharom
(Dr Azmi Sharom, is the Associate Professor of the Law Faculty of Universiti Malaya.)


PhotobucketSince the recent general election, voices have risen up in a shrill warning cry that the MALAYS are now ‘under threat’.

But perhaps the REAL threat is the threat to Umno hegemony.

AND so it begins.

Race-based rhetoric has raised its ugly little head in response to a democratic process. 

Over 49% of the people of Malaysia have voted for parties that have REJECTED race-based affirmative action in favour of a NEEDS-based platform.

It did not take very long for voices, both common ( and read here and here and here) and ROYAL (and here) , to rise up in a shrill warning cry that the Malays are now “under threat”.

“Under threat” from WHAT , may I ask?

Let’s take a bit of time to look at this so-called “THREAT”.
  1. Firstly, Malays are given special protection under Article 153 of the Constitution.
    Article 153 is titled “Reservation of quotas in respect of services, permits, etc, for Malays and natives of any of the States of Sabah and Sarawak”. Article 152 states that Malay is the National Language. The Supreme Head of the Federation, according to Article 32, is the Yang di-Pertuan Agong, a Malay ruler. This is the foundation of Malay “special privileges”.

    None of the Pakatan Rakyat component parties, including the DAP, have said anything about removing Articles 153, 152 and 32.

    They remain safe and secure with NO sign whatsoever of any sort of threat.

    Besides, in order to change it, you would need a two-thirds majority in the lower and upper houses of Parliament plus the support of the Conference of Rulers. The last time I checked, NO ONE has a two-thirds majority in theDewan Rakyat.
  2. Secondly, due to simple demographics, it is unlikely that a totally NON-Malay party is ever going to win ABSOLUTE control of the government.
    Of the five state governments in the hands of the Pakatan, four are led by a Malay Mentri Besar.

    Penang is an exception, but Penang has been led by non-Malays since the 60s. Why was there was no outcry before this?
  3. Thirdly, the proposed doing-away with the NEP (or whatever it is called nowadays), I suppose, can be seen as a threat to the Malays. But how it can be a threat is beyond me.
    (Simply) because the replacement suggested by the Pakatan is not some sort of laissez-faire capitalist economy. Instead, it is an economic system with affirmative action promised to those in need.

    If the Malays are the largest group of people in Malaysia who are in the most need, then they will get the most help. If they are not in the most need, then why on earth do they need help then?
This is the point where I will get angry letters about how the NEP is needed; because in the business world – the real world which I know nothing about because I am just a lowly-academic trapped in my ivory tower – Malays are discriminated against by the Chinese. So we need a policy like the NEP to provide some balance.

I disagree.

If there are racist business policies being conducted against the Malays, then you face it head on with anti-discrimination laws.

If some person feels he is being discriminated against, no matter what his race, thenlet there be a law to help him, and let us punish the racists with a hefty fine or jail term.

You do not meet racism with racism; you challenge it by destroying all traces of it.

The problem with the NEP is that it breeds a mentality of entitlement based on race and not merit. This mentality seeps into governance, and it creates an atmosphere of MEDIOCRITY. 

Federal Constitution Provides Equality for All Races in Public Service

One example of this is how the Constitution has been disregarded in relation to employment issues.

The Federal Constitution states that you can set quotas at the entry points of government services, for example, the civil service and public universities. However, this is counter-balanced by Article 136 that says all federal employees must be treated fairly regardless of race.

This means that ONCE INSIDE a service, EVERYONE is to be treated EQUALITY based on merit. In such a situation, only the cream will rise to the top.

However, since the introduction of the NEP, the practice in government services has been to promote Malays mainly. This has in turn led to a drop in the number of non-Malay actors in the service of the public.

Why are Malaysian Lecturers Working in National University of Singapore ?

Taking my profession for example, the closeted unrealistic world of academia, I look down south and I see that 30% of the staff in the National University of Singapore Law School are Malaysians.

How come these clever fellows who are good enough to teach in a university that is among the top 20 in the world are NOT HERE in the land of their birth?

Why are the blinking Singaporeans enjoying our talent? Is it because that talent is all non-Malay and they feel they have better opportunities there than here?

The Brain Drain is a Loss to Malay Students in Local Universities

This is a complete waste, and in the end this loss of talent means a loss for the university, the country and the people of this country, including the Malay students who miss out on the best possible teachers.

Perhaps the real threat is the threat to Umno hegemony.

My answer to that is this:

Clean up your act, live up to your promises and listen to what the people are saying.

Make yourself electable by proving that you can create good government.
That is called democracy.
-Azmi Sharon

TIAN CHUA : MALAYSIAN NGO & POLITICIAN - From lawbreaker to lawmaker

Sunday April 20, 2008

By JUNE H.L. WONG and CHIN MUI YOON



He is one of Malaysia’s best-known activists for human rights and political reform. Yet little is known about Tian Chua, Parti Keadilan Rakyat information chief and newly elected MP for Batu. He shares his life’s story for the first time.

ON April 14, 1999, images of a young, scrawny Chinese man sitting defiantly before a Federal Reserve Unit water cannon truck sent to disperse pro-Anwar Ibrahim protestors were flashed around the world.

In Malaysia, people wondered who this strange man was. They soon got a name to the face: Tian Chua.

As an activist, Tian Chua has had many brushes with the law, as this 2005 file photo of him in a police truck after a demonstration at KLCC shows.

In the years before and since that incident, Chua – whose real name is Chua Tian Chang, meaning “to fortify” – has consistently fought for justice and human rights, including throwing himself into protests and demonstrations.

In the eyes of the authorities, he was a law-breaker and he was duly arrested countless times, bashed about and even imprisoned.

But all that changed on March 8, 2008. Chua found himself catapulted onto a national platform and respectability when he was elected Member of Parliament for the Batu constituency with a 9,455 majority.

Up close, Chua, 44, displays none of that aggression and indignant anger one would expect in a rebel with plenty of causes. He is still reed-thin and boyish-looking, mild-mannered and soft spoken. He seems more at home buried in some dusty library instead of facing off policemen on the streets.

“I don’t get heated up easily!” Chua says earnestly when we meet in Petaling Jaya over dinner. “And please don’t call me YB (Yang Berhormat). I’m extremely uncomfortable when people address me by any title. Just call me Tian.”

Now that he is a Member of Parliament for Batu, will he give up street demos?

He may be an honourable MP now but his troubles with the law have not ended. He has several cases pending, including a charge captured in local dailies; Utusan Melayu’s headline on Dec 12, 2007, screamed:Tian Chua gigit polis (Tian Chua bites policeman.)

That dramatic scuffle with the law took place on Dec 11 last year while Chua was trying to deliver a memorandum to Parliament to protest a Bill to extend the Election Commission members retirement age from 65 to 66.

Just how did a middle class Malaysian Chinese boy grow up to be such a non-conformist?

Early years

The eldest of four siblings, Chua was born on Dec 21, 1963. The family home was a single-story house in a working class neighbourhood inMalacca.

His father, Chua Neo Lai, 71, is of Hakka descent and was a rice wholesaler. His late mother, Chan Yuet Chien, was a Chinese schoolteacher.

His brother Tian Chien, 43, is married and owns an IT firm. His sisters, Thien See, 38, is an independent film maker while Thien Ting, 35, is currently studying and working in New York.

From young, the family was caught up in the ideals of democracy and socialism; Chua describes his parents, especially his mother, as “socialist-conscious” .

His father remembers Chua as a calm and steady bookworm who didn’t excel in sports.

“But he is very stubborn; when we asked him not to confront the Government, he replied that he was fighting for our rights. Still, he would walk away rather than argue with us.”

Chua studied at Siang Lin Primary School and Malacca Catholic High School. After Form Six at Gajah Berang High School, he went to study Agricultural Science in Sydney University, Australia.

“I wanted to be a scientist and invent things, like Edison. I got interested in the agro-sciences as I wanted to study things that could be useful,” recalls Chua.

But in his third year, he switched to Philosophy at the University of New South WalesAustralia in the 1980s was a hotbed for student activists. “My father had hoped I’d study law for good future prospects. But I became exposed to peace movements, environmental issues, and human rights situations around the world.”

He became an active student leader and his mates included Steven Gan and Premesh Chandran, co-founders of news website Malaysiakini.

Together, they protested against the imposition of university fees on foreign students started by Bob Hawke’s administration in 1985.

Chua had his first taste of arrest when he was locked up after a demonstration in Sydney. He was also recruited by East Timor then leader-in-exile, now president Ramos Harta to help prepare newsletters.

Upon returning to Malaysia in 1990, Chua joined the NGO Suara Rakyat Malaysia (Suaram) to campaign against the Internal Security Act (ISA).

Two years later he left for the Hong Kong based Asia Monitor Resource Center (AMRC) as a researcher on regional labour issues.

He then received a scholarship to do his Masters Degree in Employment and Labour Studies at the Institute of Social Studies at the Hague, the Netherlands.

After his studies, he took the long way home via an overland route. “I took trains, buses, whatever. It took me three months. It was the most enjoyable and freest time of my youth,” he recalls fondly.

The rebel

Upon his return to Malaysia in 1996, he was immediately caught up with the East Timor movement. Then the 1997 Asian financial crisis started.

“In Malaysia, we grow up and live in a culture of fear in the shadow of May 13. That fear has been built into our political system and has remained a part of our psychology.

“At the same time, our model of development had made us uncompetitive by the late 1980s. Yet, while Asian countries were suffering from the global financial breakdown, Dr Mahathir and Anwar Ibrahim told Time magazine that everything was fine. It was ridiculous!

“Then cracks started showing in their relationship but we never expected Dr M to take such drastic measures,” says Chua who was then writing research papers on labour conditions for trade unions and was in the Suaram secretariat.

Anwar’s subsequent sacking from Umno and ISA detention were just what the alternative parties needed as a unifying factor to confront the Government in the 1999 general election.

“NGO activists brought DAP and PAS together and the Reformasi movement was born. It was bigger than we ever expected.

“You’ve never seen so many Malays wanting change. It was a mass movement. People wanted change for economic and ethical reasons.”

In 1999, Tian decided to join the newly formed Parti Keadilan Nasionalheaded by Anwar’s wife, Dr Wan Azizah Wan Ismail, and was elected national vice president.

“It was not so much because of Anwar but the principle of opposing the use of ISA that I became actively involved in the Reformasi movement,” Chua explains.

“The Government needed to be changed and we had to start somewhere. If Anwar was ready to do that, then I was prepared to join him. I met him just once in his house before his arrest. I had no chance to see or talk to him after that. I joined Keadilan as the token Chinese member!”

Chua is frank that “while he (Anwar) was in government we didn’t think much of him” but believes he is a changed man.

“People go through different stages of life. I knew him when he was totally down. It’s the people who have made Anwar who he is now.”

(Interestingly, Anwar was the first person Chua called after he won his Batu seat.)

In 2004, Keadilan merged with Parti Rakyat Malaysia to form Parti Keadilan Rakyat (PKR) and Chua was appointed its information chief, a post he has held since.

By then, he was quite famous – that photo of him defying a water cannon truck had stuck in many people's minds.

He is surprised when asked if it was a tactic to attract attention. To him, what he did was nothing new; he was doing what other activists for change before him had done.

“I merely followed the peaceful protest and non-confrontational approach as practised by Martin Luther King and Mahatma Gandhi.

“We need to confront the powers-that- be but avoid violence yet at the same time. “The objective is to appeal to the human goodness in even a very agitated opponent.

“(By sitting down) it enables the aggressors to see that we’re not running around and there is no need to fear us. I was confident the truck driver would not run me over. He is after all a human being too.”

But his confrontational style can be, as MCA Youth vice-chairman Chew Kok Woh says, disturbing.

“Tian Chua is a radical. Most Malaysians find his style disturbing. He lost previously but because of the euphoria this time, he has been elected,” observes Chew.

Chua's tactics have also not gone down well with others as well: He's been described as a “real nutter” and a “drama queen”. One blogger felt that Chua's Dec 11 arrest was a publicity stunt (http://obscure- thoughts. blogspot. com/2007/ 12/tian-chuas- arrest-he- wanted-it. html),

This blogger wrote that he was initially shocked at the level of “physical action” required to arrest him. “However, only after viewing the full unedited video, I (have) come to the conclusion that Tian Chua himself wanted the arrest and the subsequent publicity.”

Imprisonment

On April 10, 2001, Chua was arrested under the ISA and sent to the Kamunting Detention Camp for two years with five other activists – Ezam Mohd Noor, Hishamuddin Rais, Saari Sungip, Dr Badrul Amin and Lokman Adam.

At Kamunting, Chua kept himself busy by dabbling in his love for drawing and painting.

He drew the insects that entered his cell and made over 100 Hari Raya and Chinese New Year cards for friends and family. He had much time to read (including heavy tomes like Homer's Iliad, says Ezam who remains on very friendly terms with Chua after his departure from PKR), and learnt Thai, Norwegian, Arabic, French and Sanskrit, which he has mostly forgotten now.

“Honestly, we hadn’t anything to worry about. It was a good rest. Once we accepted the basics, it was okay. It was just the denial of total freedom that was hard to accept. We had to ask for permission for every single thing,” says Chua.

“When we started adapting to the conditions, the authorities asserted the fact that we were completely powerless. One day we decided to plant vegetables. As the plants were growing, they destroyed the plot.

“Kamunting was a test of my patience but I totally believed that one day I would be freed. It was this belief that kept me going. My father took my detention with some humour. When he visited me he said, 'At least now I know where to find you!'

To Chua Senior, his son's imprisonment came as no surprise:

“I always knew the day would come when he would be detained. When it happened, I actually felt it was safer for him to be in detention than leading demonstrations everywhere!”

Lonely warrior

Chua was released on June 4, 2003. Once out, Chua was back in form again. In February 2004 he was detained for being in a rally calling for police reforms and an inquiry into the deaths of detainees.

In March of that year, he stood for the Batu constituency in the general election but lost to Gerakan’s Ng Lip Yong by 11,000 votes.

Four years on, it's a different story. Since his election as MP, Chua has been besieged by calls for help from the people. An irate lady phoned to ask for her neighbour’s cat to be relocated as she couldn't stand the stench anymore.

People whose problems have not been dealt with for 20 years suddenly demand for them to be solved in two weeks.

But perhaps Chua welcomes it. One of the biggest casualties of his incarceration was his relationship with his long-time girlfriend and fellow activist, Mabel Au Mei Po. After his arrest, she was blacklisted and deported back to Hong Kong. They have remained apart since.

(In article posted on Aliran's website, Au writes how she asked Chua if there was anything special she could do for him in the event of him being a political detainee:

“Tian thought for a while and said, 'Nothing. I believe you can take care of yourself. I shall be happy as long as you enjoy a happy life'.”)

His home – a house in Bandar Utama, Petaling Jaya, that his mother left him after her death from cancer in 2000 – is a true bachelor's pad.

It is sparsely furnished and there are watermarks on the walls from years of unchecked leakage during his detention.

Chua's dining table is buried under a mountain of paper and unopened letters and baskets of dried jasmine garlands presented by his constituents. A lonely looking catfish curled inside an aquarium in a corner of the living room is his only companion in the silent house.

Built-in bookshelves dominate the space upstairs. There are reams of fading, yellowed Chinese books and English titles ranging from Crime of War, What the Public Should Know, to 700 Years of Dutch Cartographyand a beautiful leather-bound copy of the Quran.

His dressing table is heaped with hairbrushes, peanut crackers and a large tube of muscle relaxant cream for his frequent back pain due to a fracture he suffered during his detention.

Chua shows us several sketchbooks filled with penciled drawings of bugs, beetles, praying mantis and other winged creatures that visited his cell in Kamunting.

The finely detailed drawings include notations on the creatures’ anatomy and observations of a person who, frankly, had nothing else to do with his time then.

On June 24, 2001, he records, “8am, this Pelesek Grasshopper was spotted resting on a window frame.

“The next day, the creature had a “strange, sudden collapse at 9pm last night after struggling weakly. It stayed motionless when fed with a cricket.”

Others were quick sketches made during his travels, like Angkor Wat and Bayom temples of Siem Reap, and traditional dancers performing in Ubudtemples in Bali.

“I really don’t have time for anything anymore,” Chua replies with a laugh when asked about his hobbies. He writes in a diary jam-packed with appointments and notes the old fashioned way with a blue ballpoint pen.

“All my assistants and secretaries left me after they too won in the general election! I’ve lost two PDAs so I have to resort to using a diary,” he explains.

MP Chua

In a constituency with the most number of Project Perumahan Rakyat (PPR) flats sprawled across problematic old areas like Selayang and Jinjang, will Chua be buried under a growing mound of petty problems?

“It’s unfortunate that in the Federal Territories, an MP also has to handle local affairs,” Tian says. “There is little avenue to seek redress so I don’t blame Malaysians for turning to their representatives for help. I will have to balance between serving the people, speaking up in Parliament, and continuing to uphold justice.”

March 8 was only the beginning of change in Malaysia, Chua believes.

“We all need time to put aside our prejudices,” he says. “In PKR, we do not hide issues but we confront them.

“I wouldn’t say that PKR is the finest party but it is the best platform for us. It is all too easy for us to imitate BN, like letting PAS take the Malay heartland and similarly for the Chinese to control the Chinese areas.

“We need dialogue and debate. In the end, we still need to seek out solutions that may not please everyone but are the most acceptable.”

Although he has been imprisoned, injured and lost his girlfriend, there are no regrets, Chua says. His motto sums up his life’s philosophy, which he puts in his website: La vie existe grace aux choix, or Life exists because of choice.

“Life is what you choose to put into it – mine is a natural unfolding of the choices I’ve made. I believe I am part of a bigger society and movement. We all are and we either choose to stay away or stay in it.

“I consider myself lucky to be doing what I am doing. I have been given an overseas education with free access to information, my father gave me his car and my mother left me a house. Given such privileges, I’d be guilty if I don't do what I should be doing.”

Chua has said he won't change his ways but now that he can bring his issues to the Dewan Rakyat, will demonstrations be a thing of the past?

Certainly, MCA's Chew hopes Chua understands that he cannot continue to be rabble-rouser. “The MCA Youth hope that he won't bring his antics to the Dewan Rakyat,” he says.

Penang MCA Youth chief Ooi Chuan Aik expressed similar sentiments, saying Chua must realise that “his days of street politics” was over.

“He has spent a lot of time in the streets as a student leader and Reformasi activist. I hope he has grown up since the elections.”

But Chua's good friend, Premesh Chandran, isn't betting on it:

“I am sure we will see Tian drive his agenda in Parliament, but I am also sure his days of taking the fight to the streets are not over.”

Tian in their eyes

TIAN Chua, as his father and friends know him.

Chua Neo Lai, father, 71

My son has always been calm and steady. He never argued, fought or raised his voice. Often he gave way to his younger siblings.

He was a bookworm and didn’t excel in sports! He was a prefect in secondary school and he showed quiet leadership.

When we cautioned him to stop confronting the Government, he'd say, “These are our rights; I didn’t do anything wrong, they are wrong to arrest me without cause or warrant.”

He is so stubborn in his ways. I honestly do not know how I came to have a son like him who so adamantly fights for what he believes in! But my son has never stolen, harmed, robbed or killed anyone; he lives an honest life.

When he was detained under the ISA, I already knew the day would come and had prepared for the worst. At some point, I felt maybe it was safer for him to be in detention instead of leading demonstrations everywhere!

Now that he is an MP, I hope he will abide by the law. And yes, it’s about time he has a family of his own.

Dr Wan Azizah Wan Ismail,
PKR president and
Opposition Leader

Tian has always been a very sincere and earnest man. He has a strong passion for human rights in an unselfish way.

When Anwar was jailed, I could not ask for a more loyal friend. When he was detained himself, he patiently waited it out and during that time worked on his artistic skills, which I never knew he had. He is a man who has always been gentle but he dares to stand up for what he believes in.

Cynthia Gabriel, 
regional director of an NGO

I met Tian when he joined Suaram after returning from overseas. He seemed a very ordinary guy! But as I got to know him, I realised he is just determined to see change and to work for it.

As a friend, he is warm and soft-spoken. It’s nice chatting with him as he always has many theories and ideas. But it’s not easy getting to know his private life. He is always very composed and takes stress well. Even repeated arrests do not bend his steely resolve.

If he has a weakness I’d say Tian has the tendency to take on everything; he can’t say no!

The situation was bleak after he was discharged in 2003. The war on terror had started and the democratic space was shrinking.

Many felt that the Reformasi movement had died down. But Tian was determined to make it work. He went all out to rebuild cooperation between colleagues, NGOs and political parties.

It was his courage, consistency and determination to see change that inspire us. Not once did he ever lose his belief and vision in a multiracial party. I think the detention had only strengthened his resolve!

Mabel Au, former girlfriend,
wrote in Aliran
:

I remember Tian asking me what I would do if he became a political detainee one day. My answer was: “I will continue with my work and my life as usual.

Then you do not have to worry about me. You can do whatever you have to do for the Reformasi movement. Do you have anything special you expect me to do for you?

Tian thought for a while and said, “Nothing. I believe you can take care of yourself. I shall be happy as long as you enjoy a happy life.”

My heart sinks whenever I recall what he said. All I wish is that he can keep up his spirits and stay in good physical and psychological health, in order to continue the struggle.

(Au is former vice-chairperson of the Industrial Relations Institute in Hong Kong and programme coordinator for the Bangkok-based Committee for Asian Women. Her full account of her detention and deportation experience in 2001 can be read at aliran.com).

The problem with royal activism


Saturday, 19 April 2008 12:48pm

Tengku Faris Petra©Malaysiakini (Used by permission)
by Ong Kian Ming & Oon Yeoh

Until recently, few of us had heard of Tengku Faris Petra, the crown prince of Kelantan. He is certainly not of the same stature as the crown prince of Perak, Raja Nazrin. However his remark that non-Malays should not seek equality with Malays has thrust him into the spotlight.

His alarming suggestion has prompted a flurry of letters toMalaysiakini. It also brings to mind the question of whether the royalty should stay above politics or should it play an interventionist or even activist role?

We had seen how the royalty in Terengganu, Perlis, Perak and Selangor intervened in the formation of their respective state governments. The sultans in these states had a strong say in the appointment of the menteris besar, whether there should be a deputy MB, and the allocation of Exco positions.

Some scholars and lawyers have argued, from a purely constitutional standpoint, that it is well within the right of the sultans to intervene in the way that they did. These learned people are probably correct.

Normative judgments however are more debatable. Some people, perhaps simply because they like seeing Pak Lah squirm under the royal thumb in Perlis and Terengganu – cheered on the royalty, saying that their intervention was a good thing.

But it all depends on whose ox is being gored, doesn't it? Would these very same people cheer on the sultan's actions if this had happened to the opposition?

While we are hardly in a position to debate the constitutionality of royal activism, we can certainly take a normative stance that it is not a desirable thing. Our view is not based on which side wins or loses as a result of royal activism but rather on the democratic principle that the party which wins a majority of seats should be allowed to choose the composition of the government.

We would also like to point out that the constitution, be it at the state or federal level, makes it very difficult for the Agong or the sultan to be progressive or even to follow purely democratic
principles all the time because the royalty is constitutionally tasked to look after the interests of Islam, and by extension the Malays. This makes it difficult, even for the normally-progressive-minded Raja Nazrin to make an exception and allow a non-Malay person to become the MB of Perak.

Hypothetically speaking, how?

It is not far-fetched to extend this argument to other potentially sensitive appointments. For example, what if the Agong decides that a non-Malay person cannot be appointed as the head of the Election Commission (an important position in the civil service which requires royal assent) because he feels that a non-Malay person cannot adequately protect the interest of Islam and of Malays in his or her capacity as the EC head?

Let's look at another hypothetical situation. Let's say there's a state where the DAP somehow manages to win a majority of seats on its own. Would the sultan be forced to appoint a Chinese MB? Or would he appoint a Malay MB and force the DAP to work with him? If this enrages the voters, we might have a full-blown constitutional crisis on our hands.

Finally, let's look at an extreme hypothetical situation. Let's say Anwar Ibrahim manages to get elected into Parliament after a by-election and the Agong decides to recognize him as someone who "in his judgment" has the support of the majority of the MPs.

Let's say, that Anwar actually doesn't have the extra 30 to cross-over and has only 82. The BN could institute a vote of no-confidence to cause Anwar's government to collapse. But what if instead, the Agong's activism causes some 30 MPs or so to actually cross over, thus creating a self-fulfilling prophecy?

Of course, the scenario we painted above takes royal activism to its most logical extreme and we don't, for a moment, think anything like this will ever happen. But extreme examples serve a very useful purpose which is to illustrate the principles involved.

All three hypothetical scenarios point to the need to clarify the constitutional role of the Agong and the sultans. We believe that in a democracy, the royalty's role does not include the power to make decisions against the government at either the state or federal level.

While this might not be a popular suggestion at this point in time, surely it is worth discussing as Malaysia tries to inch along towards a fuller realization of democracy.

ONG KIAN MING is a PhD candidate in political science at Duke University and OON YEOH is a writer and new media analyst. You can listen to both of them discuss this topic in their Realpolitik podcast (www.webmobtv.com)