Some 20 years ago, a part-time drummer-tutor told me he was with MAS orchestra and I was quite surprised that our airline has an in-house orchestra. Presumably, it had since been disbanded when the company faced financial difficulties. Among the extravagance made known, one stood out –millions were paid for some paintings to grace the Chairman’s office!
Common sense tells us that the financial situation of a company or individual starts to deteriorate when the expenses exceed income and if unchecked, the capital will be reduced until it becomes insolvent or bankrupt.
I have seen enough of those with easy money to start with. They went into business because it looks good to be a businessman or company director and even better if the office is posh and provided with a luxury car. All these, before the business is even established and earning good income, if any!
We have seen enough of CEOs in GLCs who would change the company’s logo when they first joined the company, in their egoistic display in stamping their management style. What a waste. If I am not mistaken, Exxon retained Esso trademark because of its well known brand and it would have been too costly to change to reflect its new name then.
Maybank had been on an acquisition trail overseas, ostensibly because of limited scope for expansion locally but actually paying through the nose, which caused its share price to take a beating. It has always been the top bank but lately I noticed Public Bank had taken over, based on market capitalization!
I wish those who are entrusted with public funds or in charge of corporations owned by government institutions would concentrate more on the business than being distracted by political interference or personal interests.
Petronas is in a class of its own, way above all other business entities because of its enormous income from oil. So far, it has been able to look good in maintaining its huge revenue and profits which our government had been relying on to cover up its huge development costs, mistakes and shortfalls in all kinds of ventures like Putra Jaya, Cyberjaya, Proton and so on.
When asked to finance the second bridge for Penang, it was a big NO, especially coming from an opposition government. Time to teach them a lesson, so it seems. It is not surprising that Lim Guan Eng pointed out its extravagance in financing our Malaysian Philharmonic Orchestra, at great expense, benefiting a majority of foreigners! How bizarre can it be? Just because Dr. Mahathir then was interested in classical music by foreigners?
I cannot help in thinking Francis Yeoh of YTL knew his fondness for opera singers and brought in Luciano Pavarotti to Pangkor Laut. It is one of the arts of persuasion of a good businessman to know what are the likes and dislikes of a man in power. But at least, he is acting for his own companies, and not a GLC and he is so successful at making money.
From The Sun:
MPO'S 'SOUND OF MUSIC' COSTS RM3.5M A MONTH
Tuesday, 13 May 2008
Llew-Ann Phang
KUALA LUMPUR (May 13, 2008): The "sound of music" can sometimes be too excessive as in the case of Petronas’ Malaysian Philharmonic Orchestra (MPO) which costs RM3.5 million a month to sustain.
Lim Guan Eng (DAP-Bagan) pointed this out in his debate on the motion of thanks on the royal address in Parliament today, charging that these funds, spent on the orchestra that is only made up of 5% locals and 95% foreigners, could be utilised better.
"Where the Barisan Nasional (BN) government refuses to allow Petronas to share its profits with the people, this giant fuel company is wiling to pay its foreign musicians a monthly wage of between RM16,000 and RM28,000 a month.
"Each of them have two months paid leave. The conductor is paid RM130,000 a month and his assistant RM50,000. Since its 10 years of establishment, the orchestra has cost Petronas RM500 million," he said.
Lim, who is also Penang Chief Minister, questioned Petronas' willingness "to waste so much money but does not give any benefit to the local musicians", reiterating his call for its profits to be handed out to the people to help them cope with rising prices.
He said since 1997, Petronas had dished out gas subsidies amounting to RM58.2 billion of which RM48.8 billion was given to the energy sector and RM9.4 billion to the non-energy sector.
"Of the subsidies to the energy sector, the Independent Power Producers (IPP) enjoy more than Tenaga Nasional Bhd. As an example, in 2007 subsidies to the energy were RM15.6 billion where TNB only received RM5 billion, RM3.9 billion were given to the private sector and RM6.7 billion was handed to the IPPs," Lim said.
He called for a reduction of subsidies to IPPs, claiming that it was not fair for them to be enjoying high subsidies to be producing their billions in profits.
From our multi-datuk wong chun wai’s blog:
It’s not music to the ears
It's scandalous. DAP MP Lim Guan Eng has claimed that Petronas spent RM3.5mil a month to sustain the Malaysian Philharmonic Orchestra (MPO) with the conductor paid RM130,000 a month.
If that's true, that means the conductor is better paid than the Prime Minister and most chief executive officers in town. According to the Penang Chief Minister, his assistant gets RM30,000.
Since its inception 10 years ago, Petronas has forked out RM500mil for the orchestra. This is serious stuff because only 10 per cent of the orchestra members are said to be locals. It is difficult for us to accept the fact that after 10 years, we are still unable to train enough musicians to take these roles. According to Guan Eng, the musicians are getting between RM16,000 and RM28,000 a month. I am not an expert but I think for top class act, these salaries are not that big. But still, we would like to see more Malaysians, not necessarily all Malaysians.
Surely a decade is a long time. Penang born Ooi Chean See is said to have left the MPO because she was unhappy. But that's not all, companies which support the MPO have found out that they cannot even claim tax deductions. Surely, it make sense to have some form of tax incentives to encourage the private sector to back the arts scene. No one will get the full details of the allegations as Petronas does not have to make public its financial status.
Government fed by the people
Career options
I suggest government... because nobody has ever been caught.
Corruption so prevalent it affects English language?
Corruption is so prevalent it affects English language?
When there's too much dirt...
We need better tools... to cover up mega corruptions.
Prevent bullying now!
If you're not going to speak up, how is the world supposed to know you exist? “Orang boleh pandai setinggi langit, tapi selama ia tidak menulis, ia akan hilang di dalam masyarakat dan dari sejarah.” - Ananta Prameodya Toer (Your intellect may soar to the sky but if you do not write, you will be lost from society and to history.)
Thursday, May 15, 2008
Tough to be politically correct
Just checked out the following:
How can I get my blog to appear in Malaysiakini?
“Malaysiakini uses Google's search engine to trawl blogosphere to pick up any posting which mentions the word 'Malaysiakini'.
If your blog posting has the keyword 'Malaysiakini', it is likely to be captured by the search engine and will automatically appear in our 'Mkini in Blogs' section.
However, a number of bloggers have abused this function by inserting the word 'Malaysiakini' even though their posts have nothing to do with Malaysiakini or our reports. Others have cut-and- paste Malaysiakini reports into their blogs. This is lazy blogging.
Due to complaints of this abuse, Malaysiakini reserves the right to remove such blogsites from the 'Mkini in Blogs' section.”
I am sure it is expected and only fair to mention where I have copied certain articles or letters for my own record as well as for my daughter’s update on topics which I found interesting, and which I hope she does.
I am mindful of infringing copyrights, or at the least, guilty of not getting prior consent. But for blogging, as we all know it, timeliness is more important than courtesy or getting all the facts confirmed, especially with a little known blogsite like mine.
I was guilty of ‘lazy blogging’ recently when I just copied Ktemoc’s posting on Grand Saga with my own title. I was actually shocked to find it in Malaysiakini in Blogs when I least intended or expected.
As an opposition supporter, I find it difficult now to even consider contacting some MPs or ADUNs who are known to me, simply because some of the latter groups are even state exco members. Knowing that they are now busier than before, any attempt to contact other than because of a genuine complaint, might be construed as asking for a favour!
Though I have yet to meet Dr. Ramasamy, the new DCM of Penang, my daughter knew him when she was organizing a seminar in University of Essex. Now, if one were to visit his site, one will be greeted with a notice that you do not appear to be invited or something to that effect. Already so elitist, I thought. So I am having second thoughts if she suggests that we visit him in Penang!
Then, there is Nik Nazmi, who is now ADUN and Political Secretary to MB of Selangor. He was like a mentor to Cheng in UKEC, being her predecessor. Though I have met him before, the thought of him being ever so busy would put me off.
Teresa Kok, used to come to Ipoh for forums in support of her northern colleagues, but now?
It seems, everyday, there are over a hundred people waiting to see her (some insisting to see her personally) on problems (real or created), business (she’s Exco now) or maybe a marriage proposal or two!
Thomas Su is now Exco member in Perak. So any contact might suggest asking for favour again.
Ngeh Koo Ham is now TMB of Perak, with more than his fair share of running the state and dealing with possible defections in the fragile coalition.
While I was on duty in SMK Sultan Yussuf on election day, I got to know Sivakumar, ADUN for Tronoh. Now? Speaker for Perak State Assembly – what a lucky fellow! But honestly, apart from the glamour, I do not envy a politician’s life –full of responsibilities, practically no private life and has to be ever so careful with what one says.
Po Kuan is now happily married, so it is unwise to contact unless necessary. But at least, she is down to earth and ever ready with a smile when I chanced upon her in Pusing or Batu Gajah.
Lim Kit Siang, I hope, is still approachable and I would like to meet him by chance when he goes to Tg. Tuallang for seafood meal with his family members. My wife saw them once but I was in KL then. Again for ‘Cheah Pah Siu Eng’ to meet someone ‘Tiam Tiam Bo Eng’ is like striking lottery.
Lately, I found myself wanted for company by those who are having serious illnesses, old bachelors who enjoy talking about old times and so on. An old school senior who is 80 years old now, met me at Amcorp Mall in KL and he insisted that I join him for a drink even though I just had mine with my wife. His father and my father and Dato Wong Seng Chow’s grandfather used to work in Sentul railway workshop. So we had some grandfather stories to talk about.
In BG, some months ago, a local lass had a bad accident and was paralysed. We knew each other as to who I am and who she is without acknowledging each other. Once, Po Kuan asked if I would like to join her in paying her a visit and I declined because I actually do not know her personally. A few days ago, while waiting for another friend, outside a friend’s house, she passed by my car in her wheelchair, pushed by her Indo maid. I gave her a smile and she acknowledged in return, and it gave me a nice feeling.
Perhaps I can be a carer…with the exception of mother-in-law, I have to admit.
How can I get my blog to appear in Malaysiakini?
“Malaysiakini uses Google's search engine to trawl blogosphere to pick up any posting which mentions the word 'Malaysiakini'.
If your blog posting has the keyword 'Malaysiakini', it is likely to be captured by the search engine and will automatically appear in our 'Mkini in Blogs' section.
However, a number of bloggers have abused this function by inserting the word 'Malaysiakini' even though their posts have nothing to do with Malaysiakini or our reports. Others have cut-and- paste Malaysiakini reports into their blogs. This is lazy blogging.
Due to complaints of this abuse, Malaysiakini reserves the right to remove such blogsites from the 'Mkini in Blogs' section.”
I am sure it is expected and only fair to mention where I have copied certain articles or letters for my own record as well as for my daughter’s update on topics which I found interesting, and which I hope she does.
I am mindful of infringing copyrights, or at the least, guilty of not getting prior consent. But for blogging, as we all know it, timeliness is more important than courtesy or getting all the facts confirmed, especially with a little known blogsite like mine.
I was guilty of ‘lazy blogging’ recently when I just copied Ktemoc’s posting on Grand Saga with my own title. I was actually shocked to find it in Malaysiakini in Blogs when I least intended or expected.
As an opposition supporter, I find it difficult now to even consider contacting some MPs or ADUNs who are known to me, simply because some of the latter groups are even state exco members. Knowing that they are now busier than before, any attempt to contact other than because of a genuine complaint, might be construed as asking for a favour!
Though I have yet to meet Dr. Ramasamy, the new DCM of Penang, my daughter knew him when she was organizing a seminar in University of Essex. Now, if one were to visit his site, one will be greeted with a notice that you do not appear to be invited or something to that effect. Already so elitist, I thought. So I am having second thoughts if she suggests that we visit him in Penang!
Then, there is Nik Nazmi, who is now ADUN and Political Secretary to MB of Selangor. He was like a mentor to Cheng in UKEC, being her predecessor. Though I have met him before, the thought of him being ever so busy would put me off.
Teresa Kok, used to come to Ipoh for forums in support of her northern colleagues, but now?
It seems, everyday, there are over a hundred people waiting to see her (some insisting to see her personally) on problems (real or created), business (she’s Exco now) or maybe a marriage proposal or two!
Thomas Su is now Exco member in Perak. So any contact might suggest asking for favour again.
Ngeh Koo Ham is now TMB of Perak, with more than his fair share of running the state and dealing with possible defections in the fragile coalition.
While I was on duty in SMK Sultan Yussuf on election day, I got to know Sivakumar, ADUN for Tronoh. Now? Speaker for Perak State Assembly – what a lucky fellow! But honestly, apart from the glamour, I do not envy a politician’s life –full of responsibilities, practically no private life and has to be ever so careful with what one says.
Po Kuan is now happily married, so it is unwise to contact unless necessary. But at least, she is down to earth and ever ready with a smile when I chanced upon her in Pusing or Batu Gajah.
Lim Kit Siang, I hope, is still approachable and I would like to meet him by chance when he goes to Tg. Tuallang for seafood meal with his family members. My wife saw them once but I was in KL then. Again for ‘Cheah Pah Siu Eng’ to meet someone ‘Tiam Tiam Bo Eng’ is like striking lottery.
Lately, I found myself wanted for company by those who are having serious illnesses, old bachelors who enjoy talking about old times and so on. An old school senior who is 80 years old now, met me at Amcorp Mall in KL and he insisted that I join him for a drink even though I just had mine with my wife. His father and my father and Dato Wong Seng Chow’s grandfather used to work in Sentul railway workshop. So we had some grandfather stories to talk about.
In BG, some months ago, a local lass had a bad accident and was paralysed. We knew each other as to who I am and who she is without acknowledging each other. Once, Po Kuan asked if I would like to join her in paying her a visit and I declined because I actually do not know her personally. A few days ago, while waiting for another friend, outside a friend’s house, she passed by my car in her wheelchair, pushed by her Indo maid. I gave her a smile and she acknowledged in return, and it gave me a nice feeling.
Perhaps I can be a carer…with the exception of mother-in-law, I have to admit.
Wednesday, May 14, 2008
Karpal sailing into troubled waters...
A record number of police reports had been lodged against DAP Chairman for seditious statements against our beloved Sultan of Perak and also Sultan of Selangor.
Much have been written and reported, both in mainstream media as well as online news portals. In the former, mainly twisted to their own advantage by Umno leaders including PM, while in the latter, mainly by oppositionists and sympathisers.
My personal choices are as follows:
By a letter writer to Malaysiakini who provided a good historical background:
Karpal and the Malay Sultanate saga
Pragalath May 13, 08 4:09pm
I refer to the Malaysiakini report Protect Karpal's right to views, says Santiago.
The current political drama over Bukit Gelugor MP, Karpal Singh’s statement and police report against the Perak Sultan and the Raja Muda of Kelantan is an interesting one.
Certain parties such as the Perak Umno Youth, the BN Back Benchers Club and the Malay Unity Action Front have lodged police reports and there is speculation that Karpal Singh - who is DAP chairperson -may be charged for treason since he is alleged to have raised the sensitivities of the Malay community by raising the issue of the Malay Sultanate.
Commenting on this matter, Tengku Adnan commented that: ‘He had made a strong comment that the Sultan and royalty were subject to the law just like a normal citizen following the amendments to the Federal Constitution in 1993. The comments were like a warning to the Sultan of Perak and other Malay Rulers that they should not interfere in state administrative matters’.
There are at least ten reports lodged against Karpal Singh as was reported thus far but I would like to view this episode from another perspective since action speaks louder than words. The Malay sultanate is a permanent feature of Malaysia’s past, present and future. So strong is their influence that the second principle of our Rukunegara is ‘Loyalty to the King and Nation’.
In the 1991 publication of Pelindung, Chandra Muzaffar wrote that the British maintained the positions of the Malay sultanates even though they were the ones who actually wielded power in the Federated Malay States via the British Resident system. On the other hand, the Malay sultanate had more power and discretion in the Non-Federated Malay states.
Opposition to Malayan Union in 1948 occurred largely due to the reduced role of the Malay Sultanate under the Malayan Union plan. It was a prelude to the formation of Umno. Umno’s main objective then was to protect the interest of the sultanate. One of Umno’s resolutions stated: ‘Terminating the powers of the Sultanate would spell the demise of the Malay States in the Peninsula’ (Menamatkan kuasa-kuasa Sultan, maka musnahlah sama sekali Negeri-Negeri Melayu di Semenanjung Tanah Melayu).
Chandra also noted a point in the reduction of influence of the Malay sultanate over the rakyat in tandem with Umno’s increasing influence. Fast forward to 1993, a major development took place in terms of the federal constitution. It is in this very year that the Umno-led Barisan Nasional government passed a major constitutional amendment that restricted somewhat the authority of the Malay Sultanates.
The Dewan Rakyat parliamentary bill, in its explanatory statement states that ‘the bill seeks to amend the relevant provisions of the Federal Constitution for the purpose of withdrawing the immunity of the Yang di-Pertuan Agong and the Rulers from any legal proceedings in any court in their personal capacities and to make consequential amendments arising thereform’.
It is fascinating to note that the Umno that was formed to protect the Malay sultanate in 1948 had actually led the BN coalition to successfully amend the constitution to restrict the privileges of Malay sultanate whose roles were already becoming ceremonial in nature.
Shortly before the amendment was tabled in the august house, several issues such as the extravagant lifestyle of the royalty were highlighted in the electronic media, especially by the state owned RTM and TV3 television stations. This were done by the Mahathir administration to convince and justify the need for such an amendment.
These are some of the events that must be taken into consideration now. ‘Malays forget easily’ is a book title popularised by Tun Dr Mahathir Mohamad during his premiership. In this sense I would like to state that even Malaysians forget easily. Hence the above outline.
Post March 8, didn’t 22 BN state assembly persons almost launch a boycott of the appointment of Ahmad Said as menteri besar of Terengganu by Sultan Mizan Zainal Abidin? The boycott did not materialise simply because Prime Minister Abdullah Ahmad Badawi decided to back off and support the Sultan’s choice instead of his.
A similar scenario also took place in Perlis when Raja Syed Sirajuddin appointed Dr Md Isa Sabu instead of the incumbent Shahidan Kassim. The appointment was made in accordance to Article 39 (2) of the state constitution which states that the Raja can appoint whomever he feels has the trust of the members of the state legislative assembly to be menteri besar. Despite that, there was a gathering of 100 people in Putrajaya in support of Shahidan. Aren’t these acts defying the sultanate?
As events unfold, I cannot decide who is right and wrong but I would like to reiterate the fact that actions speak louder than words. If Karpal’s statements were seditious, wouldn’t the Umno-led BN’s concerted effort in amending the constitution in 1993 be equivalent to treason?
Lastly, I would like to stress the fact that the sultans are not just sultans for the Malays. They are the sultans for every single citizen residing in their respective states. They are the Malaysian sultanate and not simply the Malay sultanate anymore.
In its Vox Populi, a reader commented:
On Protect Karpal's right to views, says Santiago
New Generation Kid: With all due respect to Abdullah Ahmad Badawi, I read with disgust your recent remarks on the Karpal issue. First of all, you contradict yourself because just around one month ago, when you were embroiled in the Terengganu menteri besar selection episode, the whole country heard your comment when you termed the move by the Terengganu Sultan in appointing his choice of a menteri besar as ‘unconstitutional’.
Yet, when Karpal Singh made a similar comment, you are trumpeting that he is wrong and needs to be punished. You do not have any right to comment on the punishment of Karpal as the matter is yet to be brought to court. Haven't you learnt in school before that a person is presumed innocent until proven guilty? Don't you have any respect for the due process of the law?
Your actions only further confirm your government's legacy of double-standards which inevitably caused their dismal performance of the BN coalition under your leadership in the recent general election.
Last but not least, in Malik Imtiaz's blog, Disquiet, one of many lawyers' take on the issue:
WEDNESDAY, MAY 14, 2008
Karpal Singh: 'Disaffection' Not An UMNO State Of Mind
Accusations of sedition are being hurled around as if it is going out of fashion.
I think the offence of sedition in itself ridiculous. It is a vestige of colonialism that was aimed at only one thing: silencing of free expression to protect vested interest. I have decried recourse to the Sedition Act and have consistently advised against filing police reports for sedition. It does not matter who says what, be they from the Barisan Nasional, its component parties or those that make up the Pakatan Rakyat; if statements are found to be offensive, there is ample room in the public space to take it up there without having to criminalise expression. God knows, there are more important things for the police to be focusing on.
The case of Mr Karpal Singh illustrates this. Rightly or wrongly, he expressed a view concerning the position taken by His Royal Highness the Sultan of Perak. His view concerned the validity of the legal position taken by the Sultan. If Mr Karpal Singh is right, then the Sultan, respectfully, erred in issuing a show cause to the Menteri Besar of Perak in the way that was done. If Mr Karpal Singh was wrong, then the Sultan was correct.
Where is the sedition in this? I cannot see it. If there are those who disagree with his view, let them state their position and then let all involved agree to disagree.
It is not sedition to voice an opinion. It is only where the opinion is stated in a way that gives rise to a ‘seditious tendency’ within the meaning of the Sedition Act that the opinion could be arguably characterised as being seditious. The Sedition Act sets out six heads of a seditious tendency as follows:
1. to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
2. to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
3. to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
4. to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
5. to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
6. to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.
Looking at the facts of the scenario at hand, it would appear that those who accuse Mr Karpal Singh of sedition take refuge in limbs (1) or (4). Mr Karpal Singh has clarified that he did not seek to question the prerogative of the Sultan, such as it was, and contends that in his view the Sultan was not exercising prerogative in the circumstances.
It is significant that at the heart of both limbs (1) and (4) is a requirement of, at the very least, discontent or disaffection. To establish this is no easy task. It is not enough to merely point to the words giving rise to a tendency towards, putting it simply, dissatisfaction. It is necessary to establish that the potential dissatisfaction would be directed at the institution of the Sultan and would be of such a widespread nature that the institution itself would be in danger.
As was observed by the High Court (PP v Param Coomarswamy, 1986):
“"Disaffection" means disloyalty, enemity and hostility against Authority. In the same way, "discontent" means dissatisfaction against Authority. Therefore, "to raise discontent or disaffection" among the people means to create discontent or disaffection among the people against Authority. Consequently, the assertion of a grievance or complaint which tends to create discontent must be directed at Authority for it to be seditious.”
Looking on at the enthusiastic show-boating by certain UMNO quarters, I am hard pressed to conclude that such expressions as we have heard would amount to a dissatisfaction, let alone such a level of dissatisfaction.
Quite aside from that, it is significant that thus far no one, including the Attorney General, has pointed to section 3(2)(a), Sedition Act which plainly provides:
“...an act, speech, words, publication or other things shall not be deemed to be seditious by reason only that it has a tendency to show that any Ruler has been misled or mistaken in any of his measures;”
Is that not what Mr Karpal Singh was attempting to do? An inference to the contrary is something which, try as I might, I cannot draw from the circumstances.
UMNO must realize the glass house it is in. Judged by the criteria forming the basis of its position on the issue of Mr Karpal Singh having committed sedition, much of what was said in and around the appointments of the Menteri Besars of Perlis and Trengganu could similarly be said to be seditious. But then, I wonder whether this even matters. The political expediency of the very public and highly sensationalised accusations appears to outweigh all other considerations.
MIS
Much have been written and reported, both in mainstream media as well as online news portals. In the former, mainly twisted to their own advantage by Umno leaders including PM, while in the latter, mainly by oppositionists and sympathisers.
My personal choices are as follows:
By a letter writer to Malaysiakini who provided a good historical background:
Karpal and the Malay Sultanate saga
Pragalath May 13, 08 4:09pm
I refer to the Malaysiakini report Protect Karpal's right to views, says Santiago.
The current political drama over Bukit Gelugor MP, Karpal Singh’s statement and police report against the Perak Sultan and the Raja Muda of Kelantan is an interesting one.
Certain parties such as the Perak Umno Youth, the BN Back Benchers Club and the Malay Unity Action Front have lodged police reports and there is speculation that Karpal Singh - who is DAP chairperson -may be charged for treason since he is alleged to have raised the sensitivities of the Malay community by raising the issue of the Malay Sultanate.
Commenting on this matter, Tengku Adnan commented that: ‘He had made a strong comment that the Sultan and royalty were subject to the law just like a normal citizen following the amendments to the Federal Constitution in 1993. The comments were like a warning to the Sultan of Perak and other Malay Rulers that they should not interfere in state administrative matters’.
There are at least ten reports lodged against Karpal Singh as was reported thus far but I would like to view this episode from another perspective since action speaks louder than words. The Malay sultanate is a permanent feature of Malaysia’s past, present and future. So strong is their influence that the second principle of our Rukunegara is ‘Loyalty to the King and Nation’.
In the 1991 publication of Pelindung, Chandra Muzaffar wrote that the British maintained the positions of the Malay sultanates even though they were the ones who actually wielded power in the Federated Malay States via the British Resident system. On the other hand, the Malay sultanate had more power and discretion in the Non-Federated Malay states.
Opposition to Malayan Union in 1948 occurred largely due to the reduced role of the Malay Sultanate under the Malayan Union plan. It was a prelude to the formation of Umno. Umno’s main objective then was to protect the interest of the sultanate. One of Umno’s resolutions stated: ‘Terminating the powers of the Sultanate would spell the demise of the Malay States in the Peninsula’ (Menamatkan kuasa-kuasa Sultan, maka musnahlah sama sekali Negeri-Negeri Melayu di Semenanjung Tanah Melayu).
Chandra also noted a point in the reduction of influence of the Malay sultanate over the rakyat in tandem with Umno’s increasing influence. Fast forward to 1993, a major development took place in terms of the federal constitution. It is in this very year that the Umno-led Barisan Nasional government passed a major constitutional amendment that restricted somewhat the authority of the Malay Sultanates.
The Dewan Rakyat parliamentary bill, in its explanatory statement states that ‘the bill seeks to amend the relevant provisions of the Federal Constitution for the purpose of withdrawing the immunity of the Yang di-Pertuan Agong and the Rulers from any legal proceedings in any court in their personal capacities and to make consequential amendments arising thereform’.
It is fascinating to note that the Umno that was formed to protect the Malay sultanate in 1948 had actually led the BN coalition to successfully amend the constitution to restrict the privileges of Malay sultanate whose roles were already becoming ceremonial in nature.
Shortly before the amendment was tabled in the august house, several issues such as the extravagant lifestyle of the royalty were highlighted in the electronic media, especially by the state owned RTM and TV3 television stations. This were done by the Mahathir administration to convince and justify the need for such an amendment.
These are some of the events that must be taken into consideration now. ‘Malays forget easily’ is a book title popularised by Tun Dr Mahathir Mohamad during his premiership. In this sense I would like to state that even Malaysians forget easily. Hence the above outline.
Post March 8, didn’t 22 BN state assembly persons almost launch a boycott of the appointment of Ahmad Said as menteri besar of Terengganu by Sultan Mizan Zainal Abidin? The boycott did not materialise simply because Prime Minister Abdullah Ahmad Badawi decided to back off and support the Sultan’s choice instead of his.
A similar scenario also took place in Perlis when Raja Syed Sirajuddin appointed Dr Md Isa Sabu instead of the incumbent Shahidan Kassim. The appointment was made in accordance to Article 39 (2) of the state constitution which states that the Raja can appoint whomever he feels has the trust of the members of the state legislative assembly to be menteri besar. Despite that, there was a gathering of 100 people in Putrajaya in support of Shahidan. Aren’t these acts defying the sultanate?
As events unfold, I cannot decide who is right and wrong but I would like to reiterate the fact that actions speak louder than words. If Karpal’s statements were seditious, wouldn’t the Umno-led BN’s concerted effort in amending the constitution in 1993 be equivalent to treason?
Lastly, I would like to stress the fact that the sultans are not just sultans for the Malays. They are the sultans for every single citizen residing in their respective states. They are the Malaysian sultanate and not simply the Malay sultanate anymore.
In its Vox Populi, a reader commented:
On Protect Karpal's right to views, says Santiago
New Generation Kid: With all due respect to Abdullah Ahmad Badawi, I read with disgust your recent remarks on the Karpal issue. First of all, you contradict yourself because just around one month ago, when you were embroiled in the Terengganu menteri besar selection episode, the whole country heard your comment when you termed the move by the Terengganu Sultan in appointing his choice of a menteri besar as ‘unconstitutional’.
Yet, when Karpal Singh made a similar comment, you are trumpeting that he is wrong and needs to be punished. You do not have any right to comment on the punishment of Karpal as the matter is yet to be brought to court. Haven't you learnt in school before that a person is presumed innocent until proven guilty? Don't you have any respect for the due process of the law?
Your actions only further confirm your government's legacy of double-standards which inevitably caused their dismal performance of the BN coalition under your leadership in the recent general election.
Last but not least, in Malik Imtiaz's blog, Disquiet, one of many lawyers' take on the issue:
WEDNESDAY, MAY 14, 2008
Karpal Singh: 'Disaffection' Not An UMNO State Of Mind
Accusations of sedition are being hurled around as if it is going out of fashion.
I think the offence of sedition in itself ridiculous. It is a vestige of colonialism that was aimed at only one thing: silencing of free expression to protect vested interest. I have decried recourse to the Sedition Act and have consistently advised against filing police reports for sedition. It does not matter who says what, be they from the Barisan Nasional, its component parties or those that make up the Pakatan Rakyat; if statements are found to be offensive, there is ample room in the public space to take it up there without having to criminalise expression. God knows, there are more important things for the police to be focusing on.
The case of Mr Karpal Singh illustrates this. Rightly or wrongly, he expressed a view concerning the position taken by His Royal Highness the Sultan of Perak. His view concerned the validity of the legal position taken by the Sultan. If Mr Karpal Singh is right, then the Sultan, respectfully, erred in issuing a show cause to the Menteri Besar of Perak in the way that was done. If Mr Karpal Singh was wrong, then the Sultan was correct.
Where is the sedition in this? I cannot see it. If there are those who disagree with his view, let them state their position and then let all involved agree to disagree.
It is not sedition to voice an opinion. It is only where the opinion is stated in a way that gives rise to a ‘seditious tendency’ within the meaning of the Sedition Act that the opinion could be arguably characterised as being seditious. The Sedition Act sets out six heads of a seditious tendency as follows:
1. to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
2. to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
3. to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
4. to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
5. to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
6. to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.
Looking at the facts of the scenario at hand, it would appear that those who accuse Mr Karpal Singh of sedition take refuge in limbs (1) or (4). Mr Karpal Singh has clarified that he did not seek to question the prerogative of the Sultan, such as it was, and contends that in his view the Sultan was not exercising prerogative in the circumstances.
It is significant that at the heart of both limbs (1) and (4) is a requirement of, at the very least, discontent or disaffection. To establish this is no easy task. It is not enough to merely point to the words giving rise to a tendency towards, putting it simply, dissatisfaction. It is necessary to establish that the potential dissatisfaction would be directed at the institution of the Sultan and would be of such a widespread nature that the institution itself would be in danger.
As was observed by the High Court (PP v Param Coomarswamy, 1986):
“"Disaffection" means disloyalty, enemity and hostility against Authority. In the same way, "discontent" means dissatisfaction against Authority. Therefore, "to raise discontent or disaffection" among the people means to create discontent or disaffection among the people against Authority. Consequently, the assertion of a grievance or complaint which tends to create discontent must be directed at Authority for it to be seditious.”
Looking on at the enthusiastic show-boating by certain UMNO quarters, I am hard pressed to conclude that such expressions as we have heard would amount to a dissatisfaction, let alone such a level of dissatisfaction.
Quite aside from that, it is significant that thus far no one, including the Attorney General, has pointed to section 3(2)(a), Sedition Act which plainly provides:
“...an act, speech, words, publication or other things shall not be deemed to be seditious by reason only that it has a tendency to show that any Ruler has been misled or mistaken in any of his measures;”
Is that not what Mr Karpal Singh was attempting to do? An inference to the contrary is something which, try as I might, I cannot draw from the circumstances.
UMNO must realize the glass house it is in. Judged by the criteria forming the basis of its position on the issue of Mr Karpal Singh having committed sedition, much of what was said in and around the appointments of the Menteri Besars of Perlis and Trengganu could similarly be said to be seditious. But then, I wonder whether this even matters. The political expediency of the very public and highly sensationalised accusations appears to outweigh all other considerations.
MIS
Sabah awaiting Pak Lah's blessings?
I cannot help but compare Pak Lah's situation with that of the following joke:
Pope's Blessings
The Pope was finishing his sermon. He ended it with the Latin
phrase, "Tuti Homini" - Blessed be Mankind.
A women's rights group approached the Pope the next day. They
noticed that the pope blessed all Mankind, but not Womankind
The next day, after His sermon, the Pope concluded by saying, "Tuti
Homini, et Tuti Femini" - Blessed be Mankind and Womankind.
The next day, a gay-rights group approached the Pope. They said that
they noticed that he blessed man kind and woman kind, and asked if
he could also bless gay people. The Pope said, "Sure".
The next day, the Pope concluded his sermon with, "Tuti Homini, et
Tuti Femini, et Tuti Fruiti."
Pope's Blessings
The Pope was finishing his sermon. He ended it with the Latin
phrase, "Tuti Homini" - Blessed be Mankind.
A women's rights group approached the Pope the next day. They
noticed that the pope blessed all Mankind, but not Womankind
The next day, after His sermon, the Pope concluded by saying, "Tuti
Homini, et Tuti Femini" - Blessed be Mankind and Womankind.
The next day, a gay-rights group approached the Pope. They said that
they noticed that he blessed man kind and woman kind, and asked if
he could also bless gay people. The Pope said, "Sure".
The next day, the Pope concluded his sermon with, "Tuti Homini, et
Tuti Femini, et Tuti Fruiti."
Tuesday, May 13, 2008
May 13, 1969
I can still remember vividly, after 39 years!
I was studying ‘A’ levels in Tunku Abdul Rahman College, one of the ‘pioneer students’ or guinea pigs, if you like, which did not have its own premises. We started at the Teachers’ Training College in Jalan Kuantan, KL for a few months before we were told that we had to move to Jalan Cheras – for those in Arts stream, at Jalan Cheras Secondary School, while those in the Science Stream, at the Technical Institute, in the afternoon session.
Just before we started at the new borrowed premises, a group of students from out of town, approached me to look after their flatmates (ladies) at Jalan Pekeliling flats, by providing transport on my way from Jalan Ipoh to Jalan Cheras and back.
Being a ladies’ man, I agreed. After all, it was not out of the way and I was only driving an old Wolseley, if they did not mind. For not charging them, I received birthday presents instead. The four young ladies were from Alor Star, Ipoh, Muar and Kuantan. In fact, at the end of the two-year course, three other boys joined me in visiting each of them in their home towns.
Anyway, on that fateful day, I returned from Jalan Cheras in the late afternoon, as usual, except for a few FRU trucks (and ambulances?)with sirens on, went past in the opposite direction when I dropped off my classmates at Jalan Pekeliling flats. Not knowing what was happening, I went straight to my friend’s house in Jalan Kasipillay! I had my drums kit there and I was more interested in practising with them before I return home.
Later, while I was still out, my dad was getting worried and he told my elder brother to drive him to Jalan Cheras to find out! Those were the days without mobile phones and almost every matter had to be checked out personally. In retrospect, it was such a risky thing to do by going back to Jalan Cheras, having to travel along Jalan Pekeliling which had to pass the junction of Jalan Raja Muda where then Selangor Menteri Besar, Harun Idris used to live! But then again, nobody knew what had happened and as to what extent the trouble was.
My elder brother was very lucky too. He was then supposed to be having bookkeeping lessons at Goon Institute, opposite the Chow Kit market and it so happened, he did not attend that day’s evening class!
I can still recall some of the stories of people known to me. An ex-classmate was chased by a mob somewhere in Jalan Ampang near Jalan Campbell junction. He thought the nearest was his step-brother’s house in Jalan Damai. He managed to drive his car to the front of the house and jumped over the gate (thanks to his gymnastic skill) before another mob nearly got to him. His brother even fired some shots to warn them.
Another ex-classmate actually lived in Jalan Raja Muda, opposite MB’s residence, and next to then Minister of Health, Bahaman’s house. His family was lucky, given the protection by the minister.
Some relations of mine (related to my mother) came in a lorry from Segambut, to stay with us for a few days during the curfew. In fact, there was no trouble there as the Malay village elders like Tuan Haji Said were close to the Chinese, and a good friend of my dad who serviced his cars. Years later, during one of his visits, he invited us to go to his ‘dusun’ or orchard and came back with our Mini Minor pickup almost filled with dukus!
During the curfew period, once or twice a military truck went passed our house and we were afraid that they might open fire on us. My eldest brother, at one stage, was so worked up that he was all prepared to defend us, keeping watch overnight.
I think the then Deputy Prime Minister, Tun Dr. Ismail, was very re-assuring each time he came on television to make announcement on the state of security, improving each day until curfew was lifted.
When we went back to college, the curfew was still on in certain areas and/or during certain hours as some VIPs’ cars had the privilege of having a sticker ‘Emergency’ which allowed them access in certain restricted areas denied to ordinary folks. We were actually envious of one of our classmates who used to travel in a chauffeured Mercedes with one.
Today, on the 39th anniversary of this black incident of our nation’s history, hopefully, we can all put the ghost of it to rest.
One of Malaysiakini’s headlines is Headlines: May 13:
updated 3.10pm All the dailies today reported on the measures taken by the government to put a lid on the price of rice, which has increased substantially over the past few months.MORE
The Sabah pressure
Mother wants son released
So, our major problem seems to be our staple food, rice and its price, which is on the rise and rise. The other problem was political – East vs West Malaysia within Barisan Nasional.
Today, over in Maastricht, Holland, with a time difference of 6 hours behind, my daughter, Cheng, is having her defence. She explained to us that it is like an examination, to see whether her proposal for a thesis is good enough for her to continue her Ph D. We can only wish her good luck.
I was studying ‘A’ levels in Tunku Abdul Rahman College, one of the ‘pioneer students’ or guinea pigs, if you like, which did not have its own premises. We started at the Teachers’ Training College in Jalan Kuantan, KL for a few months before we were told that we had to move to Jalan Cheras – for those in Arts stream, at Jalan Cheras Secondary School, while those in the Science Stream, at the Technical Institute, in the afternoon session.
Just before we started at the new borrowed premises, a group of students from out of town, approached me to look after their flatmates (ladies) at Jalan Pekeliling flats, by providing transport on my way from Jalan Ipoh to Jalan Cheras and back.
Being a ladies’ man, I agreed. After all, it was not out of the way and I was only driving an old Wolseley, if they did not mind. For not charging them, I received birthday presents instead. The four young ladies were from Alor Star, Ipoh, Muar and Kuantan. In fact, at the end of the two-year course, three other boys joined me in visiting each of them in their home towns.
Anyway, on that fateful day, I returned from Jalan Cheras in the late afternoon, as usual, except for a few FRU trucks (and ambulances?)with sirens on, went past in the opposite direction when I dropped off my classmates at Jalan Pekeliling flats. Not knowing what was happening, I went straight to my friend’s house in Jalan Kasipillay! I had my drums kit there and I was more interested in practising with them before I return home.
Later, while I was still out, my dad was getting worried and he told my elder brother to drive him to Jalan Cheras to find out! Those were the days without mobile phones and almost every matter had to be checked out personally. In retrospect, it was such a risky thing to do by going back to Jalan Cheras, having to travel along Jalan Pekeliling which had to pass the junction of Jalan Raja Muda where then Selangor Menteri Besar, Harun Idris used to live! But then again, nobody knew what had happened and as to what extent the trouble was.
My elder brother was very lucky too. He was then supposed to be having bookkeeping lessons at Goon Institute, opposite the Chow Kit market and it so happened, he did not attend that day’s evening class!
I can still recall some of the stories of people known to me. An ex-classmate was chased by a mob somewhere in Jalan Ampang near Jalan Campbell junction. He thought the nearest was his step-brother’s house in Jalan Damai. He managed to drive his car to the front of the house and jumped over the gate (thanks to his gymnastic skill) before another mob nearly got to him. His brother even fired some shots to warn them.
Another ex-classmate actually lived in Jalan Raja Muda, opposite MB’s residence, and next to then Minister of Health, Bahaman’s house. His family was lucky, given the protection by the minister.
Some relations of mine (related to my mother) came in a lorry from Segambut, to stay with us for a few days during the curfew. In fact, there was no trouble there as the Malay village elders like Tuan Haji Said were close to the Chinese, and a good friend of my dad who serviced his cars. Years later, during one of his visits, he invited us to go to his ‘dusun’ or orchard and came back with our Mini Minor pickup almost filled with dukus!
During the curfew period, once or twice a military truck went passed our house and we were afraid that they might open fire on us. My eldest brother, at one stage, was so worked up that he was all prepared to defend us, keeping watch overnight.
I think the then Deputy Prime Minister, Tun Dr. Ismail, was very re-assuring each time he came on television to make announcement on the state of security, improving each day until curfew was lifted.
When we went back to college, the curfew was still on in certain areas and/or during certain hours as some VIPs’ cars had the privilege of having a sticker ‘Emergency’ which allowed them access in certain restricted areas denied to ordinary folks. We were actually envious of one of our classmates who used to travel in a chauffeured Mercedes with one.
Today, on the 39th anniversary of this black incident of our nation’s history, hopefully, we can all put the ghost of it to rest.
One of Malaysiakini’s headlines is Headlines: May 13:
updated 3.10pm All the dailies today reported on the measures taken by the government to put a lid on the price of rice, which has increased substantially over the past few months.MORE
The Sabah pressure
Mother wants son released
So, our major problem seems to be our staple food, rice and its price, which is on the rise and rise. The other problem was political – East vs West Malaysia within Barisan Nasional.
Today, over in Maastricht, Holland, with a time difference of 6 hours behind, my daughter, Cheng, is having her defence. She explained to us that it is like an examination, to see whether her proposal for a thesis is good enough for her to continue her Ph D. We can only wish her good luck.
Subscribe to:
Posts (Atom)