Saturday, March 7, 2009

Rise of an angry minority - Malaysia Today

THE HINDRAF FACTOR

If March 8, 2008 was the day when the ground shifted under Malaysian politics, then Nov 25, 2007 was the day that the earth began rumbling.

The Straits Times

Indians know that date well. Thousands took part in the Hindu Rights Action Force (Hindraf) rally in Kuala Lumpur to send an ambitious petition to the British High Commission. They wanted the Queen to appoint a Queen's Counsel to represent their community in a class action suit against the British government for bringing Indians as indentured labourers to then Malaya in the 1800s and exploiting them.

But the rally ended in disaster. Ambushed by riot police, they were forced to disperse. Five leaders were jailed under the Internal Security Act.

It marked a reawakening of political awareness among many Indians, and was one of the key factors for the March 8 electoral tsunami.

The political spotlight has since moved on and the movement has been banned by the Home Ministry, but Hindraf has not given up its struggle for the Indian community. “We are fighting for human rights without fear or favour. The government has been using the law and police against us but it does not kill our spirit,” said Hindraf national coordinator R.S. Thanenthiran.

Hindraf, he said, has vowed to continue working at the grassroots level, and would not support either the Barisan Nasional or Pakatan Rakyat coalition unless they were serious about giving equal rights to the Indian community.

“We are merely asking for basic things like Tamil schools, business opportunities and temples. All these have not been met after 50 years of independence,” said Thanenthiran.

After the elections last March, Hindraf knows it has the power to make or break a political party.

During the elections, it supported PR, which wiped out almost the entire MIC from BN. The three MIC survivors were given government executive positions in an attempt by BN to win back the hearts of Indians, but subsequent developments have led to a further drop in faith in the government among the community — the latest being the case of 22-year-old A. Kugan, a suspected car thief who died in police custody.

As a result, many Indians have turned to the opposition Pas, said principal research fellow Denison Jayasooria of the Institute of Ethnic Studies at Universiti Kebangsaan Malaysia. “Until the federal government addresses the major grievances of society, people will always look for alternatives.”

So far, Hindraf appears to have aligned itself with the opposition. Two of its leaders had won seats under the banners of the DAP and Parti Keadilan Rakyat, and the victories have earned Hindraf PR's support.

Thanenthiran, however, stressed that Hindraf is non-partisan. “We have given them (PR) a year and we want to know what they have done, what is their next course of action. We're now in the process of negotiating with both parties, but of course BN is as usual... not responding.”

Friday, March 6, 2009

The tree injunction — Art Harun

MARCH 6 — I shall call it the “tree injunction”. Not because it was granted under a tree. But it was obviously aimed to stop the sitting of the Perak Legislative Assembly under a tree and any other similar “unlawful” assembly.

Firstly, the question is whether V Sivakumar should be represented by the State Legal Adviser. The Judicial Commissioner said he should be and therefore “private lawyers” were banned from the hearing.

At the risk of being pedantic, I have to say, first of all, there is no such thing as private lawyers. There are advocate and solicitors. And on the side of the Government, there are Federal Counsel, or State Legal Adviser who appear in civil cases and Deputy Public Prosecutor or the Attorney General himself who appear in criminal cases.

On the issue whether Sivakumar must be represented by the State Legal Adviser, an opinion has been rendered at Loyarburok.com. I find myself in complete agreement with that opinion and I will not add anything.

Secondly, I am just puzzled and bewildered at the stand taken by Zambry, the person whom the BN is saying is the legitimate MB. Now, if he is the legitimate MB, shouldn’t he be represented also by the State Legal Adviser? If so, how come he was represented by “private lawyers”? I don’t understand this part.

Thirdly, I am even more puzzled and bewildered at the end result of the argument by Mohd Hafarizam on the first issue above. If what he said is correct, namely, that Sivakumar should be represented by the State Legal Adviser, and consequently Zambry also has to be so represented, wouldn’t there be a clear and obvious conflict of interest on the part of the State Legal Adviser in this matter? How could he act for both parties, who are advancing, quite clearly, directly opposing arguments in the matter?

Fourthly, when asked whether the Tree Injunction which he obtained would cover the tree assembly which went on the morning before the tree injunction was granted, Hafarizam was quoted by Malaysiakini reports as follows:

“For Barisan Nasional’s lawyers, the order which bars the speaker from convening ‘any unlawful meeting’ covers the emergency assembly sitting held under a tree yesterday.

“Frankly, there is no time frame. So it should include the assembly held yesterday,” said Mohd Hafarizam Harun, in a text message reply today.

“Mohd Hafarizam is one of the lawyers acting on behalf of Perak Menteri Besar Zambry Abd Kadir and his six cabinet members, who obtained the court order against Sivakumar yesterday.

“Mohd Hafarizam argued that the speaker was served a notice of the court action on Monday while the sitting was held on Tuesday.

“So it would appear that it covers the (Tuesday) morning (sitting),” he told Malaysiakini.”

If indeed Hafarizam said what he was reported to have said above, with all due respect to him as a fellow practising Advocate and Solicitor, I wish to say that that statement is laughable in its absurdity! I don’t know what book on injunction which Hafarizam reads and what obscure 16th Century case law on injunction which he reads — or case law of which country, for that matter — but my 22 years of legal practice don’t support what he said.

Let me explain why: An injunction, the type of which was obtained by Hafarizam, is an order to restrain a person from doing an act. Now, if the purpose is to restrain, it goes without saying that the act which is sought to be restrained has not been committed yet.

How to restrain an act which has been committed? If Hafarizam wants to deal with an act which has been done, he should obtain a declaration that such act is illegal or unlawful or both.

He could also obtain a further declaration that all resolutions passed at that assembly are void and of no effect. The tree injunction does not operate to make illegal or unlawful the assembly which took place before the tree injunction was granted. I would have thought that that position would be elementary.

Fitfhly, Chan Kok Keong, the “private lawyer” (excuse me, I need to laugh…hahaha) who acts for Sivakumar was quoted by Malaysia Today in its report as saying that the tree injunction says as follows:

“It is hereby ordered that the 1st defendant, YB Encik V Sivakumar is restraint from convening any unlawful meetings purporting it to be a meeting of the Perak state legislative assembly.”

Which begs the question, what is “unlawful meetings”? What if Sivakumar convene an assembly thinking, honestly and sincerely, and after legal advice, that the assembly is not unlawful? Can he be committed for contempt for having breached the tree injunction? I don’t think so.

Because, for him to be committed for contempt, he must be shown to have intended to breach the tree injunction. Now, if he was under the impression, after considering legal advice that the assembly he was convening was not unlawful, where is the intention to breach the injunction?

And if any meeting convened by Sivakumar is unlawful on the face of it, why must he be restrained from convening such meeting in the first place? After all, that meeting is already unlawful and is of no effect whatsoever. Why bother?

I think the tree injunction is not valid and is liable to be set aside on appeal because it is vague. In legal jargon, that tree injunction lacks precision. In a case called Lawrence David Ltd v Ashton [1991] Vol 1 All ER 385 the Court of Appeal in the UK was considering an injunction which sought to restrain a person from “disclosing to any person or making use of any confidential information or trade secret belonging to the Plaintiff”.

The words in italic and bold letters above were however not defined in any way in the injunction. One of the appeal Judges said:

“I have always understood it to be a cardinal rule that any injunction must be capable of being framed with sufficient precision so as to enable a person injuncted to know what it is he is to be prevented from doing.

After all he is at risk of being committed for contempt if he breaks an order of the court. The inability of the Plaintiff to define, with any degree of precision, what they sought to call confidential information or trade secrets militates against an injunction of this nature. This is indeed a long recognised practice.” (all emphasis are mine).

Similarly, in the tree injunction, what constitute “unlawful meetings” is not defined at all, let alone with precision. And so I think the tree injunction is as dead as a tree in a dessert!

Lastly, can a Speaker or his acts in the Legislative Assembly be questioned in court? In legal jargon, are his acts justiceable? The Bar Council says they are not. I agree. Otherwise, a Legislative Assembly would not be able to function as every decision of the Speaker could be brought to the Court and open up for questioning.

Could you imagine Pandikar Ali be sued each time he makes a ruling in the Parliament? The Courts might have to convene under a tree in such circumstances as there might not be enough Court room to hear the matters. — www.loyarburok.com

Tuesday, March 3, 2009

Air Cadet Pilot 2009

air asia logo
date of add : 28 feb 2009
dateline of application : 13 march 2009

A few days ago, I read the Star dated 28 Feb09 n/paper. As I was surfing the classified section, to my supprise I found this AK cadet pilot opening. I tought they were only advertising if the SPM results come out. But hey, I don’t think that the SPM results have come out. At least MH is stil concentrating in SPM school boys. Sigh. Why can’t they see a good degree and experience engineer like me. As for this AK, to be honest I have yet to apply. Not only I’ve yet to complete the online application form, in fact I’ve never applied AK B4…..why & what? Maybe it’s still new, and all the why I’ve been chasing for major airlines. ok, ok. I’ll do this after sunrise. I promise to myself at least. Better late then never rite. Actually i filled up the forms just now, but due to my wireless disconnected, lost all my data. This would remark my 1st time applying for AK. I think I’ve been applying for MH & SQ for too long time, but I have yet to give up. As for the moment being, I’m too tired to think. To fill the application form, I’ll need my full consentration on this. So ive decided to this 1st thing in the morning. or in the afternoon. Ok, ok, at least before midnight.
so whats the link to the side? I can’t tell you now. But I’ll tell u guys in a comment here after the dateline.hehe.i dont wat too many competition :p no im just joking. Just go to the air asia job site. Simply as that. You can ask uncle google where their site is.

the adds look something like this :-
Fly with the Best!
Be part of Asia’s most dynamic fleet

we’re looking for Cadet Pilots……
req
malaysia 18-28
either
a) pass spm with min A2 english/ AB math / Physics B3 ..all taken in 1 seating
b) posses a diploma/degree in engineering or science related..min 3.0 n above and at least B4 in subject mentioned above
-must be physically n mentally fit with good eyesight. not colour blind. able to pass medical exam up to class 1 standard conduct by DAME
-min 163…….w? im 175….hehe……
-be prepared to sign training bond……hopefully u guys get some A380’s or not got knows how expert i will be in that A320….give me other plane and more destinations plz….

p/s Someday I’ll story about my experience applying with etihad….

Barbarians in Malaysian Parliament ala Taiwan

“Pelawat Sila Dafter Disini” tag can be found when you approach the guard house in the Parliament. However on Thursday (which is yesterday), I think most of security guards tasked to mend the guard post were either on leave or being absent without leave. Or else, how in the world could these security guards allowed a gang of barbarians to storm the Parliament and nearly (I dunno how near it was) assaulted a group of Opposition MPs.

violent attack towards dap karpal singh and lim lip eng at parliament 260209 sequence

Just take a look at those pictures taken from Malaysiakini and you’ll surprise that these barbarians were well dressed. Some even were in suits and tie!

The Malaysiakini reported - a day after proclaiming that ‘Singh is King’, DAP veteran Karpal Singh finds himself mobbed by a group of angry Umno Youth members at the Parliament lobby.

While we will ‘try’ to maintain the innocence and the ‘neutrality’ of the police and security force within the Parliament compound, I was appalled to see such UGLY situation took place within our well respected Parliament building. These barbarians has obviously ignored the honour and the serenity of the August House but as usual, the one-sided Speaker of the House has refused to issue an arrest warrant to them. I wonder how far can he go to show his one-sided face. Countless of times the Speaker of the House have acted in ‘protection’ of his paymaster.

Our Tiger of Bukit Gelugor has stirred the hornet’s nest when he alleged that his political rivals sent 2 live bullets to keep his mouth shut.

“Where did the damn Umno Youth fellows get the bullets?” Karpal asked. “Singh is King. I am not afraid. They made 100 police reports, sent me two bullets and demonstrated.” This is what he said during a session in the Parliament on Wednesday.

Karpal Singh is an old fox in Malaysian politics. He knew that he could not charged on the things he said in Parliament. However, the barbarians of umno has failed to realise that such action in Parliament has indeed, proved once again to the world that there are many people with ‘pariah’ mentalities.

Just imagine it. The SIL (son-in-law) not only did not condemn such stupid action by his sidekicks, he even went further to endorse their actions by issuing stupid warnings to Karpal Singh.

“We want to remind him that Umno Youth is not playing games and Karpal is the one who is playing with the sentiments of the rakyat, he is playing with fire. If he does not repent, then it would only serve to aggravate our anger and the anger of the people,” he warned.

After reading this, I would like to remind the SIL that the people is no longer standing by their side. If the rakyat still did, they won’t be trashed not once, but twice in the last 2 by-elections - making them sore-losers 2 out of 2! LOL :)

There will be another 3 by-elections coming this April and I think by that time, we’ll know more or less whether the rakyat is angry with Karpal Singh or even angrier with those barbarians.



Islam ‘Straight Path’ vs The Sunni or Shia 5-pillars which come from unauthorized books…

In Islam, the requirement to be a Muslim is to simply accept and live according to the ‘Straight Path’ (6:151-153), Vs. the Sunni or Shia 5-pillars which come from unauthorized books…

In Islam, abolishing Slavery is taught to be an act of righteousness (90:12-13), Vs. Sunni and Shia teachings which encourages slavery under war…

In Islam, women are never forbidden from praying or fasting during Menstruation (2:222), nor is there a specific dress code (i.e. the Headscarf) imposed on them beyond modesty, Vs. the Sunni and Shia which teach the undermining of women and forcing them to cover their hair and avoid praying or fasting at certain times...

In Islam, a man or women may leave a Will, after settlement of debt (4:12), Vs. Sunnis who refuse to accept wills if there are any direct descendants. ..

In Islam, Monogamy is the basis for normal relationships, while polygamy is only allowed in cases involving marrying the mothers of orphans under the man’s guardianship (4:3), Vs. Sunnis where a man may be a polygamist simply if he can afford to, and Shia which allow sex for pleasure (Mut’a)...

In Islam, Divorce is enforceable only after a two-phase period, and it may be made nullified if the couple reconcile before the end of this period (65:1, 65:4), Vs. Sunni teachings that destroy families by allowing a divorce to occur on the spot with no waiting period and no nullification. ..

In Islam, Thieves do not have their hands cut-off, but are made to work until they return that which is stolen (12:76), Vs. Sunni and Shia teachings which brutally amputate the hands causing disability...

In Islam, no one is allowed to be killed or Stoned for adultery (24:2), Vs. Sunni and Shia laws of stoning married adulterers to death...

In Islam, absolute Freedom of Faith is allowed (2:256, 10:99; 18:29; 88:21-22), Vs. Sunni and Shia requiring apostates to be killed and rejecting the practice of other faiths...

In Islam, people are acknowledged as being diverse and each is to be respected for his/her level of spiritual growth. A Submitter ‘Muslim’ must work to attain the status of Faithful ‘Mumin’ (49:14), Vs. Sunni and Shia teachings that all followers of their religion must think, act, and even look the same (cult syndrome)...

In Islam, War can only be declared in cases of self-defence - no offensives (2:190), Vs. Sunni and Shia teachings allowing raids and attacks on any people who are considered non-Muslim by their standards... .

In Islam, Pilgrimage is a centre for gathering of nations and for all to witness the benefits of being together (22:27-2, Vs. Sunni and Shia bringing in polytheistic rituals and superstition (touching of black stone, circling 7 times, etc..)...

In Islam, a Year is a luni-solar count made of 365-days (17:12, 9:36), with all the seasons fitting-in-place Vs. Sunnis teaching it to be a lunar one based on 354 days which creates confusion of seasons and time…

In Islam, males and females are not required to be Circumcised (32:7), Vs. Sunni and Shia teachings requiring all males to be circumcised and females in some cases...

In Islam, music, statues, gold and silk are all Lawful(7:32- 33, 16:116), Vs. Sunni beliefs forbidding silk & gold for men, and forbidding music & statues for all...

In Islam, rule of Government is under the constitution of the Qur'an through consultation and free-speech (5:48, 42:3. Vs. Sunni teachings which allow the rise of dictators or monarchs, and Shia teachings which uphold self-appointed religious leaders based on genealogy.

- In future don't simply judge anyone, we the non-muslims do read about the faith of others to enrich ourself.
The Other Press

Monday, March 2, 2009

A legal opinion: Power of Speaker to convene Legislative Assembly

By Tommy Thomas

MARCH 2 – I have been asked to advise whether the Speaker of the Legislative Assembly of Perak was entitled in law to convene the Legislative Assembly on 3rd March 2009.
Ultimately, the issue turns on whether the last meeting of the Assembly in November 2008 was prorogued (“di-berhentikan”) or adjourned (“di-tangguhkan”). If it was prorogued, only the Sultan of Perak (“HRH”) can summon the Assembly: if it was adjourned, then the Speaker can convene.
According to my instructions, what was adjourned sine die in November 2008, was the Third Sitting of the First Session of the 12th Legislative Assembly of Perak. This opinion is written on that factual basis.
A. THE STATE CONSTITUTION OF PERAK
2. The starting point in the analysis is the Laws of the Constitution of Perak, and in particular Articles 36 and 44. Article 36 deals with the summoning, prorogation and dissolution of the Legislative Assembly. Article 36 (1) and (2) read as follows:-
“(i) His Royal Highness shall from time to time summon the Legislative Assembly and shall not allow six months to lapse between the last sitting in one session and the date appointed for its first sitting in the next session.
(ii) His Royal Highness may prorogue or dissolve the Legislative Assembly”.
It should be noted that Article 36 does not deal with adjournment of the Assembly. Article 44 (1) states that the Legislative Assembly shall regulate its own procedure and may make Standing Rules and Orders for “the regulation and orderly conduct of its own proceedings and the conduct of business”. Article 44 (1) recognises the well settled constitutional principle that the Assembly is the master of its procedure, and its sovereignty over its internal affairs cannot be questioned by any external body.

B. THE STANDING ORDERS
3. Pursuant to Article 44 (1) of the State Constitution, the First Meeting of the Second Session of the Seventh State Legislative Assembly of Perak passed Standing Orders on 23rd March 1988. Standing Order (“SO”) 88 is the definition order. The expressions “meeting”, “session” and “sitting” are defined in SO 88 as follows:-
“ ‘meeting’ means any sitting or sittings of the Assembly when the Assembly first meets after being summoned at any time and terminating when the Assembly is adjourned for more than fourteen days or sine die at the conclusion of a sessions”;
“ ‘session means the sittings of the Assembly commencing when the Assembly first meets after being constituted, or after its prorogation or dissolution at any time, and terminating when the Assembly is prorogued or dissolved without having been prorogued”;
“ ‘sitting’ means a period during which the Assembly is sitting continuously (apart from any suspension) without adjournment, and includes any period during which the Assembly is in Committee”.
A review of the definitions given to the 3 terms would indicate that a meeting is the shortest period, followed by a sitting, while a session is of the longest duration.

4. It is significant that the definitions of these expressions in SO 88 reflect their ordinary meaning as the Oxford English Reference Dictionary (2nd Ed. 1996) indicates:-
“adjourn: put off, postpone, break off with the intention of resuming later.
prorogue: discontinue the meetings (of Parliament) without dissolving it.
sitting: a time during which an assembly is engaged in business.
meeting: persons assembled.
session: a period during which meetings of assembly are regularly held.”
5. Adjournment is the subject matter of 3 Standing Orders. Pursuant to SO 15 and 16, upon a motion for adjournment after the completion of all business in a sitting, Mr Speaker is entitled to adjourn the Assembly. The first pre-condition for such adjournment is the completion of all business. What is thus being adjourned is a sitting, and not a session ? a session can consist of numerous sittings. When an adjournment motion made under SO 15 and 16 is carried, Mr Speaker declares “That this Assembly do now adjourn”. The adjournment referred to in SO 17 is entirely different because it entitles Mr Speaker (with the support of the majority of members) to change the order of business of a meeting of the Assembly by permitting a “definite matter of urgent public importance” to be debated on an urgent basis. Thus SO 17 is not relevant for present purposes.
6. It appears as if no express SO gives Mr Speaker the power to recall the sitting of an Assembly that was adjourned by him, as occurred in November 2008. Because what was adjourned in November 2008 was only a sitting, and not a session, what is clear is that HRH’s power to summon does not at present arise because Article 36 (1) of the State Constitution refers to “one session” and the “next session”. If it is not a question of the discretion of HRH to summon a session, then by implication only, Mr Speaker has such power with regard to sittings and meetings of the Assembly. In the event of doubt regarding his power, Mr Speaker can rely on the residuary powers conferred on him under SO 90. Further, a decision or ruling by Mr Speaker on his power is final and not open to appeal pursuant to SO 43 and 89 : only a substantive motion passed in the House can review it.
C. THE BRITISH PRACTICE
7. SO 90 provides that when the Standing Orders are silent on any matter, Mr. Speaker may give directions, “and in giving such direction Mr. Speaker shall have regard to the usages of Commonwealth Parliamentary practice so far as such usages can be applied to the proceedings of the Assembly”. Accordingly, reliance can be made on the practice and procedure of the British Parliament, which is the mother of all Parliaments. Erskine May ’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament is the leading text on the subject in the Commonwealth. I have reviewed the relevant commentary in Chapter 13 in its 23rd Edition (2004).
8. According to the learned authors of Erskine May (all of whom are clerks of the House of Commons):-
“ ‘A Parliament’, in the sense of a parliamentary period, is a period not exceeding 5 years which may be regarded as a cycle beginning and ending with a proclamation.
A session is the period of time between the meeting of a Parliament, whether after a prorogation or a dissolution, and its prorogation. During the course of a session either House (Commons or Lords) may adjourn itself on its own motion to such date as it pleases. Sessions are of indeterminate length but …….usually run from October or November of one year to October or November of the next.
The period between the prorogation of Parliament and its reassembly in a new session is termed a ‘recess’, while the period between the adjournment of either House and the resumption of its sitting is properly called an ‘adjournment’ (although in practice the word ‘recess’ is generally used in this sense also). A prorogation terminates a session; an adjournment is an interruption in the course of a single session.” (my emphasis)
(See Page 272)
9. In a discussion under the caption “Prorogation and Adjournment”, Erskine May states:-
“The prorogation of Parliament is a prerogative act of the Crown. Just as Parliament can commence its deliberations only at the time appointed by the Queen, so it cannot continue them any longer than she pleases. But each House exercises its right to adjourn itself independently of the Crown and of the other House… (my emphasis)
(Page 274)
The difference between prorogation and adjournment becomes clearer from a practical perspective by considering their effect. The effect of a prorogation is to suspend all business, including committee proceedings, until Parliament is summoned again, and to end the sittings of Parliament. Further, all pending proceedings are quashed. An adjournment does not have the same effect on parliamentary proceedings as does a prorogation. Upon reassembling, each House proceeds to transact the business previously appointed, and all proceedings are resumed at the stage at which they were left before the adjournment. Erskine May also discusses the recall of Parliament during adjournment. “When Parliament is dispersed through the adjournment of both Houses its reassembly can be effected either by proclamation or under powers specifically conferred by each House on its Speaker”. (Page 277).
10. A similar distinction between prorogation and adjournment is made in Halsbury Laws of England (4th Ed, 1997 Reissue) in Vol. 34 : see Paragraphs 720 to 727. In Paragraph 720 under the heading “Power of each House to adjourn”, Halsbury states: “Each House of Parliament has the power to adjourn its sittings for any period of time to be determined by an Order of the House. Power is given by standing orders of the two Houses to the Lord Chancellor and the Speaker respectively, if they are satisfied that the public interest requires it, to summon the Houses to meet on an earlier date than that to which they have been adjourned”. (my emphasis)
11. The practical advantages of an adjournment over a prorogation are discussed by Eric Taylor in “The House of Commons at Work” (9th Ed. 1979) as follows:-
“Since the beginning of the last war it has been thought better not to prorogue on 31st July, after all, but merely to adjourn the House for the summer, the reason being partly that it is more difficult to summon the House together again quickly after a prorogation, and during an adjournment the Speaker has power to summon it in case of emergency. This expedient was felt to be necessary during the uneasy war and post-war years. It is also useful to have a week or so after the Recess to clear up odd business. In any case the result was that the House was, and still is solemnly prorogue one day, and solemnly opened again by the Queen a day or two later, there being now no intervening Christmas holiday. (my emphasis)
It may occur to the reader to ask why Parliament is prorogued at all, and why the House should not remain in Session from the time that it is elected until the time that it is dissolved, and a new Parliament is elected.
The natural answer will be that Parliament likes to “clear its books”, just as a business firm clears its book at the end of a financial year. All Bills which have not reached the statute books by the end of the Session are killed automatically by prorogation. All notices of motions disappear from the Order Paper. It is a drastic but quite salutary process.”
(Page 52)
12. These practical aspects are also considered in a leading British constitutional law text. In “Constitutional and Administrative Law” by de Smith and Brazier (8th Ed, 1998), the following commentary appears:-
“Sessions: prorogation and adjournment. It is the invariable custom for the life of a Parliament to be divided up into a number of sessions. These are usually of about one year’s duration, though there is no fixed practice……..;
……Nowadays the Commons sit for about 180 days altogether during a calendar year. Each House determines, on the Government’s initiative, on which dates it will adjourn and reassemble…….;
…..A session of Parliament is terminated by prorogation, a prerogative act; a short formal speech is made on behalf of the Queen, summarizing the work done during the session, and the Parliament stands prorogued till a named dated, which (unless prorogation precedes a dissolution) will be only a few days later, when a new session will be opened by the reading of the Queen’s speech…….;
…..The reason why Parliament is adjourned, instead of standing prorogued, in midsummer is strictly practical. In the first place, if it becomes necessary to recall a prorogued Parliament to deal with a matter of unexpected urgency, a royal proclamation has to be issued. It is simpler and may be more expeditious to reassemble an adjourned Parliament; this can be done by the Speaker and the Lord Chancellor acting on the Prime Minister’s quest…...” (my emphasis)
(Page 230)
13. It is thus plain and obvious that the Speaker in the elected House of the British Parliament, the House of Commons, has the discretion to recall the House during an adjournment, which is factually a different category from prorogation. Thus, the Speaker of the Perak Legislative Assembly is entitled under SO 90 to “have regard to the usages of Commonwealth Parliamentary practice”, in this case, the settled practice in the House of Commons, as to his own power to convene a sitting of the Assembly during adjournment.
D. CONCLUSION
For these reasons, in my opinion, Mr Speaker is lawfully empowered to convene the Fourth Sitting of the First Session of the 12th Legislative Assembly of Perak on 3rd March 2009.
Dated this 1st day of March, 2009.
Tommy Thomas
– Malaysian Bar Council

Speech by Director Seeman :The Sufferings of Tamil in Sri Lanka


Seeman MGR Nagar Speech 15.02.2009 from Senthu on Vimeo.

HIGH TECH SHOOTING

High-tech sex

Posted: 01 Mar 2009 12:30 AM PST

Article taken from The Star.I's a good article for me to share it here.
There can only be bad news when one’s intimate photos or videos are circulated on the Internet and via mobile phone. So, why do many still allow themselves to be caught with their pants down.EVEN as Bukit Lanjan assemblyman Elizabeth Wong tearfully defended herself against career-breaking private photos and allegations of a sex tape about a fortnight ago, a video clip of a couple getting dirty in an X-ray room of a Kuala Lumpur hospital was making its rounds on the Internet and the mobile phone network.

The video reportedly was made as a “remembrance” of their passionate moments together. How it got out was unclear.The expose came on the heels of a nude photo “scandal” involving a nurse in Penang. The 28-year-old, who took the naked pictures herself, claimed that a close friend stole the pictures from her laptop and shared them with her spurned suitor, who then posted them online.

The act of filming one’s intimate moments and photographing one’s naked glory is nothing new. What is taken in private, unfortunately, has a propensity for showing up in the public arena, and in a conservative society like Malaysia, this often has severe consequences.


As seen time after time, these indecent exposures – regardless of whether they were accidentally or intentionally leaked – have decimated many a reputation and destroyed lives. Yet, why do many still allow themselves to be put in such vulnerable positions?

Dr King: ‘What is erotic to tne person would be offensive to another.’

Secret desire

“Maybe secretly many people want to be a porn star. It is happening worldwide and even in Australia, you see it happening more and more,” renowned Australian sex therapist Dr Rosie King, says, albeit half jokingly.

Dr King believes the phenomenon can be linked to two trends: technological boom and media fads.

“The technology now is so good and accessible that everyone can be a photographer or filmmaker. We don’t have to have the picture or film developed. In the past, for example, people would need sophisticated equipment to make a video.

“And with the media trend worldwide, people desire excitement and want to be extraordinary, even for a moment. Many are becoming obsessed with fame – everyone wants their 15 minutes of fame.

“You can see this on TV as we intrude more and more into people’s private space,” says Dr King who was in town recently to share the findings of the Asia-Pacific Sexual Health and Overall Wellness (AP SHOW) survey commissioned by pharmaceutical company Pfizer. True, you don’t need to look at the ratings to see how popular reality shows are; they are everywhere in our mainstream consciousness.

According to technology market research firm GfK Asia Pte Ltd, the demand for digital still cameras in the region grew in 2008 by 118% while the sale of camcorders increased by 105% in spite of the tougher market scenario.

The growing accessibility of mobile phones with camera and video recording devices (there are 26.2 million mobile phone subscribers in Malaysia according to Malaysian Communications and Multimedia Commission records) and video sharing sites like YouTube have driven the demand for “personal” content further.

However, says Dr King, photographing or videoing their sexual intercourse is not something that people would typically do.

“I think only a minority are doing it, not because it is unnatural but because many have more common sense. They are aware that there are those who do it for nefarious reasons including exploitation and blackmail. And even if both partners can be trusted, the pictures and videos can so easily fall into the wrong hands – you don’t want your children to see them, or your neighbours and relatives.”

Dr King notes that people have used visuals for sexual stimulation and personal gratification for decades.

“I don’t know if it can help to solve a sexual problem but many people do it for fun and pleasure. In the old days you rely on the mirror; some hotels have mirrors on the ceiling and facing the bed. Now that has been replaced by the camera.”

Paul Jambunathan, consultant clinical psychologist at Monash University Malaysia and Sunway Medical Centre concurs.

Jambunathan: ‘Many studies show that people can get sexually stimulated from pictures and videos.’

“Many studies show that people can get sexually stimulated from pictures, videos or even watching themselves get naked in the mirror. There are those who get sexually aroused by their imagination and others from a memory of their sexual intercourse. In this case, what is the difference between a memory and videotape?” he asks.

Jambunathan nonetheless admits that it depends on the socio-cultural norm in the country. In Malaysia, most people will view filming their sexual activity as immoral and even perverted.

Dr King agrees.

“I don’t think that it is immoral to take your partner’s or your own pictures and videos. The thing about morality is that it is personal, even though it is shaped by one’s socio-cultural context. What is erotic to one person can be offensive to another,” she says.

Acknowledging that Malaysia is a conservative society, Dr King, however, promotes a middle ground where one can uphold moral values as well as be comfortable with his or her sexuality.

Citing Australia’s case as example, Dr King says there has been a positive shift in the public perception of sex.

“People in Australia are more open and relaxed about sex. This is good; I am not saying that people should be more promiscuous but I would like to see more people being more confident and comfortable with their sexuality,” she says.

Andrew Khoo, the co-deputy chair of the Human Rights Committee with the Malaysian Bar Council, agrees.

“We live in a prudish society where sex is concerned, which has given rise to a voyeuristic culture in the country. When there is a sex tape or racy picture circulated, many people would rush to check it out for cheap titillation,” he says.

This has given erotic materials a lot of currency, encouraging an underground market for illegally acquired content. Worse, Malaysian laws are too lenient to deter the culprits from invading other people’s privacy, Khoo notes.

Dr Prema: ‘Couples take photos or video footages of their intimate moments for a variety of reasons.’

According to a report in a local Chinese language daily, local sex video clips, whether taken without the knowledge of the couple or for their personal collection, are highly in demand among Malaysians. It was reported that the local videos were often obtained when owners forgot to delete them before selling their cell phones or sending them for repair. Consequently, some mobile phone retailers have made it a marketing strategy to download pornographic video clips for their customers for a nominal fee or for free.

A case that made headlines is that of Chinese-Canadian film star Edison Chen, whose private sex pictures with several Hong Kong starlets set off an Internet firestorm after he sent his laptop for repairs. The photos show Chen in bed separately with eight of the country’s best-known actresses and singers, badly damaging the careers of Chen and the women when the photos were circulated online. Last week, Chen was at the British Columbia Supreme Court hearing in Vancouver where he reviewed his testimony to be presented in a Hong Kong criminal court case.

The real issue here, stresses Jambunathan, is the infringement of one’s privacy.

“If it is two consenting adults, barring religious rulings, it should not be a problem. It becomes a problem when someone else is illegally recording you and your partner during your intimate moments or when your personal collection falls into the wrong hands,” he says.

On the rise

Another worrying trend is the growing number of high-tech sex cases involving the young.

Last year, three video clips of students from Kuala Trengganu engaging in sexual acts on their secondary school premises were widely distributed to the public via the mobile phone multimedia service (MMS) and VCDs. This unsurprisingly caused a furore among parents and the education fraternity.

Still, with a fast growing number of young adults becoming tech-savvy, this is a trend that needs to be monitored closely by the Malaysian authorities.

The phenomenon is global. As a poll in the United States last December revealed, one in five American teens had sent nude or partially clothed images of themselves to someone by e-mail or mobile phone, and twice as many have sent sexually suggestive electronic messages.

The survey, commissioned by the National Campaign to Prevent Teen and Unplanned Pregnancy, showed that more than half of the 1,280 young adults aged 20 to 26 interviewed said they had received a sexually suggestive message from someone else and one in five said they had shared the racy message with a third person.

About 73% of those below 19 surveyed said they knew sending sexually suggestive content could have “serious negative consequences” but 22% said it’s “no big deal”.

Although no studies have been conducted on the trend among young Malaysians, many say that technology is encouraging a more casual hook-up culture.

“It is normal to send a sexy photo of yourself to the boy you want to get to know on the Net or through your phone. I don’t send any nude photos of myself, I know that is dangerous, but I have heard of people in my school who have done it,” says a 16-year-old girl who declines to be named.

Dr King believes that sex education can equip the young to deal with the rise of high-tech sex.

“It has been proven that ignorance will encourage the young to experiment, so the authorities need to address this, especially with the growing accessibility of technology. When one is comfortable about their sexuality, they will be more responsible about their bodies and with their partners,” she says.

Dr Prema Devaraj, programme director at Women’s Centre for Change (WCC) Penang, agrees that raising their awareness is important in empowering the young to deal with the potential risks of high-tech sex. More important, she stresses, is to instil mutual respect between the sexes.

“Couples take photos or video footages of their intimate moments for a variety of reasons. It is done in an environment of complete trust and is a private matter between the couple. When such photos are used outside the relationship without the consent of the parties involved, it is a gross violation of personal liberty and privacy. It is an absolute betrayal of trust,” says Dr Prema.

Unfortunately, as recent cases show, most of the victims are female.

Hence, to combat this exploitation of women, she stresses, there is a need to address the way women are viewed in this country and the inequality women are subjected to in relationships.

“Often society places the responsibility of what happens onto the woman – from unwanted pregnancy and HIV infections to sexual assault and high-tech sex abuses. There is very little acknowledgement of the role men play in these issues and rarely are they made accountable for their actions,” she notes.

By HARIATI AZIZAN

Sunday, March 1, 2009

Ethnic Indians Protest At Brickfields Kuala Lumpur, Police Fired Tear Gas And Arrested 17 Makkal Sakthi Members

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Malaysian opposition condemns arrest of Indian protestors

Malaysian government had scored very high points by arresting Malaysian Indians who turn up to Brickfields Police Station in Kuala Lumpur to make reports against the government of Malaysia for not providing medical treatment to their leader who is being detained under ISA.

The Malaysian POLICE forgot that the world is watching their every action against human rights violation and will be recorded accordingly in the history of Malaysia.

The event was recorded and displayed in Youtube and various blogs for the world to see and judge.


KUALA LUMPUR (AFP) — Malaysian opposition leaders Sunday condemned police use of water cannon against ethnic Indian demonstrators and the arrest of 17 protesting at the alleged ill-treatment of a detained rights group leader.

Nearly 400 supporters of banned Indian rights group Hindraf had gathered Saturday at a police station in the capital when police hit the crowd with chemical-laced water.

"This is clearly an example of an excessive and unjustified use of police force on the people," senior opposition parliamentarian Lim Kit Siang told AFP.

"All these people were doing was just trying to get the government to give much needed medical attention to one of their leaders and to use such force on them should be condemned," he added.

Opposition leader Anwar Ibrahim said the move by police to disperse demonstrators filing reports on the health of detained Hindraf leader P. Uthayakumar, who is being held in the Kamunting detention facility in northern Perak state, was worrying.

"I protest. People who lodged police reports against (senior opposition figure) Karpal Singh escape while those who defended their friends at Kamunting are detained," he was quoted as saying by the state news agency Bernama.

Hindraf leader R. Thanenthiran, who had been detained, said he and opposition lawmaker S. Manickavasagam were negotiating with police in filing close to 50 police reports when they were hit.

"All we were trying to do is file police reports over the government's lack of medical treatment for... Uthayakumar and the police watercannoned us," he told AFP.

Police said Sunday all 17 protestors had been released on police bail.

Uthayakumar was arrested in 2007 under the Internal Security Act, which allows for indefinite detention without trial, after organising an anti-discrimination rally that saw more than 8,000 people take to the streets.

He has since complained of a lack of treatment for his diabetes while in custody and his lawyer says there is a fear that he may lose his leg because of a lack of access to medical care.

The authorities have denied the claim, saying he has been treated by government doctors.

Ethnic Indians -- descendants of labourers brought over by British colonial rulers in the 1800s -- complain they are marginalised in terms of education, wealth and opportunities.

Nik Aziz says ‘bumiputera’ term is racist

MARCH 1 – In extraordinary remarks today, Pas spiritual leader Datuk Nik Aziz Nik Mat said the use of the term “bumiputera” smacks of racism and deprived other races of government aid.

His comments, made in Kota Baru today, will ceratinly spark debate, especially since it comes from a Malay leader who is widely respected even by his foes in Barisan Nasional and Umno.

In calling the term bumiputera racist, he appears to be drawing a clear line between his Pas party and the Pakatan Rakyat (PR) from that of Umno, which has been championing the special rights of Malays.

Nik Aziz’s remarks was made in response over growing criticism from the conservative spine of Umno against comments made by DAP’s Dr Boo Cheng Hau, the opposition leader in Johor.

Dr Boo was reported to have compared “bumiputeraism” with apartheid.

Umno leaders have demanded an apology from Boo, and say his comments were a challenge to Malay rights and the constitution.

Umno’s Utusan Malaysia also described Boo’s remarks as a part of DAP’s agenda to form a republic.

But Nik Aziz was reported by Bernama as saying today that not only did the term smack of racism but deprived other races sharing similar rights and having the same identity cards of government assistance.

“In an election, other races are allowed to cast one vote, so are the bumiputera," he said.

Nik Abdul Aziz said the government should form a body to manage aid for the poor in the country and not cater only for a single group known as the bumiputera.

“I don’t like the (use of the) word bumiputera. What I like is (use of the word) poor, for all races,” he added.

He said the poor, regardless of their race, should be given assistance.

His statement appears to be also in line with Anwar Ibrahim’s concept of “Ketuanan Rakyat,” or supremacy of the people, which has been used to diffentiate PR parties from Umno’s “Ketuanan Melayu,” or Malay supremacy.