Meena Kumari Bhagwandas Jagwani
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1988 Crisis: Salleh Shot Himself in the Foot? Malaysiakini.Com Apr 23, 2008 P Suppiah
1988 crisis: Salleh shot himself in the foot? Malaysiakini.com Apr 23, 2008 P Suppiah The personalities involved in the entire episode are as follows: * The then Yang Di Pertuan Agong (the King), now the Sultan of Johor * Tun Salleh Abas, who was then the Lord President * The prime minister (Tun Dr Mahathir Mohamad, who was then Datuk Seri Dr), * The then attorney-general, Tan Sri Abu Talib Othman, now Suhakam chief. The whole episode started with Salleh writing a letter to the King dated March 26, 1988, copies of which were sent to the Malay rulers. On May 27, 1988 the prime minister in the presence of high-ranking government officials informed Salleh that the King wished him to step down (to retire as Lord President) because of the said letter. Salleh on May 28, 1988 sent a letter of resignation: the next day he withdrew it and subsequently held a press conference. On June 9, 1988 the prime minister made a second representation to the King alleging further misconduct on the part of Salleh based on his undignified use of the press to vent his grievances – such as requesting for a public hearing of the tribunal and asking for persons of high judicial standing to sit on the tribunal. On June 11, 1988, members of the tribunal were appointed pursuant to the Federal Constitution by the King. On June 14, 1988, Salleh was served with the list of charges against him. On June 17, 1988, Salleh was served with a set of rules to govern the tribunal procedure. -
The War on Terrorism and the Internal Security Act of Singapore
Damien Cheong ____________________________________________________________ Selling Security: The War on Terrorism and the Internal Security Act of Singapore DAMIEN CHEONG Abstract The Internal Security Act (ISA) of Singapore has been transformed from a se- curity law into an effective political instrument of the Singapore government. Although the government's use of the ISA for political purposes elicited negative reactions from the public, it was not prepared to abolish, or make amendments to the Act. In the wake of September 11 and the international campaign against terrorism, the opportunity to (re)legitimize the government's use of the ISA emerged. This paper argues that despite the ISA's seeming importance in the fight against terrorism, the absence of explicit definitions of national security threats, either in the Act itself, or in accompanying legislation, renders the ISA susceptible to political misuse. Keywords: Internal Security Act, War on Terrorism. People's Action Party, Jemaah Islamiyah. Introduction In 2001/2002, the Singapore government arrested and detained several Jemaah Islamiyah (JI) operatives under the Internal Security Act (ISA) for engaging in terrorist activities. It was alleged that the detained operatives were planning to attack local and foreign targets in Singa- pore. The arrests outraged human rights groups, as the operation was reminiscent of the government's crackdown on several alleged Marxist conspirators in1987. Human rights advocates were concerned that the current detainees would be dissuaded from seeking legal counsel and subjected to ill treatment during their period of incarceration (Tang 1989: 4-7; Frank et al. 1991: 5-99). Despite these protests, many Singaporeans expressed their strong support for the government's actions. -
Ong Boon Hua @ Chin Peng & Anor V. Menteri Hal Ehwal Dalam Negri
The Malaysian Bar Ong Boon Hua @ Chin Peng & Anor v. Menteri Hal Ehwal Dalam Negri, Malaysia & Ors 2008 [CA] Friday, 20 June 2008 09:11PM ONG BOON HUA @ CHIN PENG & ANOR V. MENTERI HAL EHWAL DALAM NEGERI, MALAYSIA & ORS COURT OF APPEAL, PUTRAJAYA [CIVIL APPEAL NO: W-01-87-2007] LOW HOP BING JCA; ABDUL MALIK ISHAK JCA; SULAIMAN DAUD JCA 15 MAY 2008 JUDGMENT Abdul Malik Ishak JCA: The Background Facts 1. Cessation of armed activities between the Government of Malaysia and the Communist Party of Malaya was a welcome news for all Malaysians. It became a reality on 2 December 1989. On that date, an agreement was entered between the Government of Malaysia (the fourth respondent/defendant) and the Communist Party of Malaya (the second appellant/applicant) to terminate armed hostilities between the parties (hereinafter referred to as the "agreement"). With the signing of the agreement, armed hostilities between the parties ended and peace prevailed. The terms of the agreement can be seen at p. 235 of the appeal record at Jilid 1 (hereinafter referred to as "ARJ1"). There were four articles to that agreement and the relevant ones read as follows: Article 3 - Residence In Malaysia 3.1 Members of the Communist Party of Malaya and members of its disbanded armed units, who are of Malaysian origin and who wish to settle down in Malaysia, shall be allowed to do so in accordance with the laws of Malaysia. 3.2 Members of the Communist Party of Malaya and members of its disbanded armed units, who are not of Malaysian origin, may be allowed to settle down in MALAYSIA in accordance with the laws of MALAYSIA, if they so desire. -
Court Allows Attorney-General to Lead Prosecution Team
08 FEB 1999 Court-Anwar (Attorney-General) COURT ALLOWS ATTORNEY-GENERAL TO LEAD PROSECUTION TEAM KUALA LUMPUR, Feb 8 (Bernama) -- Attorney-General Tan Sri Mohtar Abdullah was today allowed by the High Court here to lead the prosecution team in Datuk Seri Anwar Ibrahim's corruption trial which has entered the defence stage. Justice Datuk S. Augustine Paul, in his ruling, said in law, the attorney-general could conduct any case and no court could question his exercise of discretion to conduct cases. He made the ruling after Anwar's leading counsel Raja Aziz Addruse objected to Mohtar's appearence together with six others including Senior Deputy Public Prosecutors Datuk Abdul Gani Patail and Azahar Mohamed. Mohtar was one of the witnesses listed and offered to the defence together with Prime Minister Datuk Seri Dr Mahathir Mohamad, Tun Daim Zainuddin dan Datuk Seri Megat Junid Megat Ayob. The attorney-general, who was not required by the defence as its witness, arrived at the courtroom at 8.45am. When the court sat at 9am, he informed the court that he, as the attorney-general, would lead the prosecution team at that stage. It was Mohtar's second appearence in the trial. On Nov 30, last year, he led the prosecution team in the contempt proceedings against Zainur Zakaria, one of Anwar's nine lawyers. Anwar, 51, who was dismissed from the Cabinet on Sept 2, last year, entered his defence on four charges of corrupt practice on the 51st day of trial today. He was ordered to enter his defence on charges of using his position to interfere in police investigations into allegations of sexual misconduct against him. -
Anwar Confided with Igp on His Differences with Pm, Court Told
10 FEB 1999 Court-Anwar (Meeting) ANWAR CONFIDED WITH IGP ON HIS DIFFERENCES WITH PM, COURT TOLD KUALA LUMPUR, Feb 10 (Bernama) -- Datuk Seri Anwar Ibrahim told the High Court here today that he had confided with the then Inspector-General of Police, Tan Sri Abdul Rahim Noor, on the "major political differences" between him and the prime minister. He described the meeting, held sometime in early August last year, as "very critical" and that he was "very frank and open" in his discussion with Rahim. "That meeting to my mind was very critical because after sometime I was very frank and open with him. I said yes, I do have major political diferences with the PM," he said. Anwar was making his defence on four counts of corrupt practice that he used his position as deputy prime minister and finance minister to interfere in police investigations into allegations of sexual misconduct against him. Today is the third day of his testimony under oath on the 53rd day of the trial before Justice Datuk S. Augustine Paul. Anwar, 51, was dismissed from his cabinet posts on Sept 2 last year. To a question by his leading counsel, Raja Aziz Addruse, Anwar said he made the admission when he was alone with Rahim in his office in the Prime Minister's Department. Deputy IGP Tan Sri Norian Mai and CID Director Datuk Yaakub Amin had earlier left the meeting, the second he had held with Rahim and senior police offices regarding the case, Anwar said. The first meeting took place in June at his official residence, also attended by Norian and two other officers. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
Indexed by Volume (Pdf)
INDEX FOR BORNEO RESEARCH BULLETIN VOLUMES 1-42 BY VOLUME UPDATED May 14, 2012 INDEX FOR BORNEO RESEARCH BULLETIN VOL. 1-42 Volume 1, No. 1, 1969 Anon. 1969. The Randolph Conference. Vol.1(1):1-2. Volume 1, No. 2, 1969 Anon. 1969. Formation of the Borneo Research Committee. Vol. 1(2):7-8. Harrisson, Barbara and Tom Harrisson. 1969. Primate Research and Conservation. Vol. 1(2):8-9. Harrisson, Barbara and Tom Harrisson. 1969. Marine Conservation. Vol. 1(2):9. Inger, F. R. 1969. Research on Tropical Ecosystems in Sarawak and Sabah. Vol. 1(2):10. Appell, G. N. 1969. Inventory of Urgent Anthropological Research For Borneo: I. Vol. 1(2):10-12. Appell, G. N. 1969. The Status of Research Among the Northern and Southern Murut. Vol. 1(2)18-21. Volume 2, No. 1, 1970 Horr, David Agee. 1970. Primate Research and Conservation in Borneo. Vol. 2(1):2-3. Whyte, R. O. 1970. Archaeology and History of the Gramineae. Vol. 2(1):3-4. Blust, Robert A. 1970. New Subgrouping of the Languages of West Borneo. Vol. 2(1):4-5. Appell, G. N. 1970. Inventory of Urgent Anthropological Research For Borneo: II. Vol. 2(1):5-7. Pike, Michael. 1970. Pottery Making By Dusunic and Bajau Groups In Sabah. Vol. 2(1):7-8. Whittier, Herbert. 1970. The Punan of East Kalimantan. Vol. 2(1):9. Clayre, Iain F. C. S. 1970. Notes On the Sa'ban Language. Vol. 2(1):9. Harrisson, Tom. 1970. Malaysia and Related Research From Japan. Vol. 2(1):9-11. -
A Study on Interruptions by the Chairperson in the Dewan Rakyat
ACCOUNTABILITY IN THE PARLIAMENT OF MALAYSIA: A STUDY ON INTERRUPTIONS BY THE CHAIRPERSON IN THE DEWAN RAKYAT Inaugural-Dissertation zur Erlangung der Doktorwürde der Philosophischen Fakultät der Rheinischen Friedrich-Wilhelms-Universität zu Bonn vorgelegt von Nor Azura binti A Rahman aus Johor, Malaysia Bonn 2021 Gedruckt mit der Genehmigung der Philosophischen Fakultät der Rheinischen Friedrich-Wilhelms-Universität Bonn Zusammensetzung der Prüfungskommission: Prof. Dr. Stephan Conermann (Vorsitzende/Vorsitzender) Prof. Dr. Christoph Antweiler (Betreuerin/Betreuer und Gutachterin/Gutachter) Prof. Dr. Claudia Derichs (Gutachterin/Gutachter) Tag der mündlichen Prüfung: 26 November 2020 i ABSTRACT The election of the chairman of the House of Representatives, a chamber of the Malaysian parliament, has always been determined by the ruling party. The centralization of executive power has also absorbed the function of the chairman, so that the chairman acts partisanly in parliamentary debates. Also, the chairman has developed into an institution that carries out agenda-setting within the framework of the parliament. This raises the conceptual question of whether legislation in Malaysia is still performed independently by the parliament. The observed patterns require an attempt to re-conceptualize the roles as well as the assigned meaning of various expressions of parliamentary routine, including those that are unwritten and informal, for instance those which can also be termed “subjective forms of rule” at one's own discretion. In my doctoral thesis, I apply an interdisciplinary analytical framework that relates to accountability studies, as well as micro- sociological direct interaction, the interpretations of procedural interactions in conversation, as well as studies of political discretion in parliamentary operations. My main research question asks how the Speaker of Parliament fulfils his responsibilities by disrupting ongoing parliamentary debates. -
Constitutional Documents of All Tcountries in Southeast Asia As of December 2007, As Well As the ASEAN Charter (Vol
his three volume publication includes the constitutional documents of all Tcountries in Southeast Asia as of December 2007, as well as the ASEAN Charter (Vol. I), reports on the national constitutions (Vol. II), and a collection of papers on cross-cutting issues (Vol. III) which were mostly presented at a conference at the end of March 2008. This collection of Constitutional documents and analytical papers provides the reader with a comprehensive insight into the development of Constitutionalism in Southeast Asia. Some of the constitutions have until now not been publicly available in an up to date English language version. But apart from this, it is the first printed edition ever with ten Southeast Asian constitutions next to each other which makes comparative studies much easier. The country reports provide readers with up to date overviews on the different constitutional systems. In these reports, a common structure is used to enable comparisons in the analytical part as well. References and recommendations for further reading will facilitate additional research. Some of these reports are the first ever systematic analysis of those respective constitutions, while others draw on substantial literature on those constitutions. The contributions on selected issues highlight specific topics and cross-cutting issues in more depth. Although not all timely issues can be addressed in such publication, they indicate the range of questions facing the emerging constitutionalism within this fascinating region. CONSTITUTIONALISM IN SOUTHEAST ASIA Volume 2 Reports on National Constitutions (c) Copyright 2008 by Konrad-Adenauer-Stiftung, Singapore Editors Clauspeter Hill Jőrg Menzel Publisher Konrad-Adenauer-Stiftung 34 Bukit Pasoh Road Singapore 089848 Tel: +65 6227 2001 Fax: +65 6227 2007 All rights reserved. -
Primary Sources
It is not good enough to say, in declining jurisdiction, that allowing a Muslim to come out of Islam would "create chaos and confusion" or would "threaten public order". Those are not acceptable reasons. The civil courts have the jurisdiction to interpret New Straits Times (Malaysia) April 27, 2008 the Constitution and protect the fundamental liberties, including the right to freedom of religion under Article 11. Let's have certainty in this law That jurisdiction cannot be taken away by inference or implication, as seems to be the argument, but by an express enactment Raja Aziz Addruse (Former President of Bar Council and National Human Rights Council (Hakam)) which says that it is the intention of parliament to deprive the courts of their jurisdiction. The Kamariah case also highlights other aspects of our justice system. When she was convicted of apostasy, the syariah court judge had deferred her sentencing to KAMARIAH Ali, one of the followers of the Sky Kingdom sect led by Ayah Pin, was convicted of apostasy by the Terengganu March 3 to give her a chance to show that she had repented. In sentencing her to prison for two years, the judge said that he was Syariah Court on Feb 17, 2008. Her long and futile legal struggle highlights the need to seriously address the constitutional not convinced that she had repented because she had failed to respond when he greeted her with Assalamualaikum at the start of issue of the right of Muslims to freedom of religion. the court proceedings. The picture of a lonely woman who has been ostracised from society, being continually harassed to repent, offends our sense of justice and fair play. -
Anwar's Lawyers to Take Statements from Mahathir and Daim
30 JAN 1999 Court-Anwar (Witness) ANWAR'S LAWYERS TO TAKE STATEMENTS FROM MAHATHIR AND DAIM KUALA LUMPUR, Jan 30 (Bernama) -- The High Court here today allowed defence lawyers in the Datuk Seri Anwar Ibrahim trial to record statements from witnesses offered to them including Datuk Seri Dr Mahathir Mohamad and Tun Daim Zainuddin. Justice Datuk S. Augustine Paul said the defence should use a eight-day break in the trial to record the statements, and requested the prosecution to bring the witnesses within easy reach of the defence. He allowed the request by the defence after ordering Anwar to enter his defence on four amended charges of corrupt practice on the 50th day of the trail which began on Nov 2. Defence counsel Christopher Fernando told reporters later that Anwar would be the first defence witness and he would probably be followed by Dr Mahathir. Anwar's leading counsel Raja Aziz Addruse told the court earlier that the defence would like to record statements from witnesses offered to it "for the purpose of determining whether they will be helpful before we embark upon the defence". Raja Aziz said defence lawyers had not actually gone into taking the statements from the witnesses as it would have been premature to do so until the court decided to call for the defence, and requested that the defence be allowed begin to present its case two weeks from next Monday. Paul, however, felt two weeks was too long and fixed Aug 8 to hear the defence case. In replying to the defence request to record statements from the witnesses, senior Deputy Public Prosecutor Datuk Abdul Gani Patail said the court should invoke Section 136 of Evidence Act 1950. -
The Role of Public Interest Litigation In
The Role of Public Interest Litigation in Promoting 58 Good Governance in Malaysia and Singapore (2004) XXXIII No 1 THE ROLE OF PUBLIC INTEREST LITIGATION IN PROMOTING GOOD GOVERNANCE IN MALAYSIA AND SINGAPORE* ROGER TAN KOR MEE** SUMMARY: In this paper, a two-case study is undertaken on public interest litigation in the promotion of good governance in Malaysia and Singapore. As public interest litigation is a branch of administrative law which involves judicial review of administrative actions, it has a pivotal role to play in an administrative state particularly in the promotion of good governance. Initiated by citizens who may not be directly affected by the administrative acts, such public interest litigants are often frowned upon by the executive as meddlesome busybodies. This makes them a thorn in the executive’s side, and various obstacles were placed in the way by the executive to stymie the growth of public interest litigation. However, it was judicial self-restraint that brought the growth of public interest litigation in Malaysia to a grinding halt. In Government of Malaysia v Lim Kit Siang, the Malaysian Supreme Court took a restrictive approach to the rules of standing. But that does not mean that public-spirited individuals and non-governmental organisations should lose heart. On the contrary, they should persevere and continue to resort to public interest litigation so that it affords an opportunity for the courts to liberalise the current restrictive standing criteria. On the other hand, the absence of public interest litigation in Singapore presupposes that Singapore has a good public administration. Public interest litigation therefore promotes good governance in public administration.