Umno and the Home Ministry, which the party’s vice-president is minister of, have proposed a constitutional amendment to stipulate that Islam in Malaysia is of the Sunni sect. Would such an amendment to the federal constitution be possible? And if so, what are the ramifications?
Playing by the rulesAmpersand by KW Mak
Is the Menara Warisan Merdeka project playing by the rules? Just how many other development projects are not playing by the rules either? Perhaps this is why local councils and developers seem reluctant to hold genuine public consultation with residents and stakeholders.
The Scorpene scandal and the long arm of the lawIn A Nutshell by Andrew Khoo
AS a party to the United Nations Convention Against Corruption, how well do our government ministers understand Malaysia’s obligations under this international treaty and local laws on international cooperation on criminal matters? Defence Minister Datuk Seri Ahmad Zahid Hamidi’s recent snubbing of the inquiry by a French court into the Scorpene submarines scandal suggest ignorance, at the very least.
Whose hudud?Shape of a Pocket by Jacqueline Ann Surin
IF we were to believe everything the politicians are saying about hudud, we would come to three conclusions. One, that implementing the punishments prescribed under hudud is divine law that no Muslim can question, and hence is inevitable. Two, that hudud cannot be implemented in Malaysia because of the Federal Constitution and our multi-cultural composition. […]
Restricting the government’s choices?Holding Court by Ding Jo-Ann
IT was troubling to read Home Minister Datuk Seri Hishammuddin Hussein’s reasons for the release of eight immigration officers detained without trial under the Internal Security Act (ISA). Hishammuddin said he decided to release the eight, detained “in connection” with human trafficking activities, because they showed “remorse” over their mistakes. He also considered their wishes […]
Syabas concession agreements: Why so secret?Holding Court by Ding Jo-Ann
THE federal government has prevailed yet again in keeping secrets from the Malaysian public. On 25 Feb 2011, the Court of Appeal overturned a High Court decision compelling the disclosure of an audit report and a 2004 water concession agreement. How are the audit report and the agreement significant? And why did the Court of […]
“Thorough- bred Malaysian”By Gan Pei Ling
Lawyer. Activist. Trainer. Loyarburokker. Edmund Bon wears many hats in his quest to champion human rights. Bon is currently the Bar Council’s constitutional law committee chairperson. This is the committee that, since 2009, has been running the MyConstitution campaign to popularise the federal constitution among Malaysians. Bon and his contemporaries — Amer Hamzah Arshad, K […]
Regulating the internet: What’s BN afraid of?Holding Court by Ding Jo-Ann
CAN the Malaysian government actually be thinking of imposing more controls on our already overly-regulated right to freedom of expression? There’s a myriad of laws available to arrest, charge, fine and jail Malaysians for speaking their minds in ways the government disapproves of. But apparently, these controls are still not enough. On 24 Jan 2011 […]
Delaying disclosure of evidence: Who gains?Holding Court by Ding Jo-Ann
MANY questions have arisen from the sudden introduction in the inquest into Teoh Beng Hock‘s death of a note purportedly found in the DAP aide’s bag. More than a year after the inquest started, the Attorney-General (AG)’s Chambers surprised the coroner’s court on 9 Aug 2010, saying it wanted to introduce the note which “may […]
Judicial creativity: What are the limits?By Ding Jo-Ann
IT’S a running joke in the legal fraternity that lawyers cannot count. The recent confusion surrounding Batu member of Parliament (MP) Tian Chua’s possible disqualification however, suggests that judges might also have similar issues. Chua was fined RM2,000 by High Court judge Datuk Ghazali Cha for biting a police officer. Article 48(1)(e) of the Federal […]