Politics is stupid

Still think politics is stupid? 

Nuff said. 

GE 13. Are we ready?

In a week's time, 5 years would have passed since the 8th March 2008 political tsunami which saw a massive power shift towards the opposition. 10 years ago, this would have been virtually impossible, and many did not see it coming although anticipation was built up leading towards that day.

We Malaysians know that the time for the 13th General Elections (GE) are near. And we also anticipate that this GE promises to be the dirtiest of them all. 

And in between the 5 years, many things had happened. 
We have seen an opposition state fall back into the hands of BN through dubious means. On a positive note, that incident spurred a need for the nation to understand the Federal Constitution and the Malaysian Bar initiated the Malaysian Bar Constitutional Committee. The object of it was to advance awareness and teach the rakyat, the basics....their fundamental rights under the Federal Constitution. Further fundamental political awareness was brought with the inception of the UndiMsia programme lead by Edmund Bon. 

During the last 5 years we have also seen a change of Prime Ministers when Tun Abdullah Badawi handed over his post as the top man to Najib Tun Razak. it was an imminent move and perhaps one that is gleefully relished by the Prime Minister's wife, Datin Rosmah Mansor. And in the last five years, the First Lady of Malaysia was also birthed. 

We have also seen more deaths in custody, but most infamous of them all, the tragic death of Teoh Beng Hock, the political aide to Ean Yong Hian Wah. Not under police this time, but under the custody of the Malaysian Anti-Corruption Commission (MACC), did this tragic incident occured. Questions poured out; was it suicide or was Teoh Beng Hock beaten, tortured and then subsequently thrown out from the building onto the pavement many floors below? At the inquest, the court gave an open verdict, which was not conclusive, stating it was neither suicide nor homicide. A Royal Commission of Inquiry (RCI) was subsequently set up and a team led by the Malaysian Bar Council to question the methods of investigation conducted by the MACC. In the end, the RCI concluded that it was suicide due to the intense pressure of interrogation by the MACC.  However, many of us are still unsatisfied with the findings of the RCI and still believe that Teoh Beng Hock couldn't have killed himself. As of now, no one is responsible for his death and this would forever remain a dark mark in the passages of Malaysian history. 
In any event, the inquiry although a tragic episode, was not without it's lighter moments. 
Below is a video of the inquiry. And not how we have bumbling fools acting as the Federal legal counsels. Enjoy. This is cross examination clip of Dr Pornthip, the Thai pathologist involved in the investigations of the cause of death of Teoh Beng Hock.



We have also seen, within 5 years, 3 massive demonstrations. Acts of expression. Bersih 2.0, Bersih 3.0 and the recent coalition gathering which was housed in the Merdeka Stadium (the demonstration with the biggest turn-up thus far). 

9 July 2011 - Bersih 2.0, the people were still living in fear as the government tried to stamp its hard-line tactics to wield it's authority. STREET DEMONSTRATIONS WERE BANNED! ARREST WAS IMMINENT. TROUBLE WAS IMMINENT. And despite all the warnings, people braved the weather and the barricades and turned up all the same. The people wanted change. The same change that happened 5 years ago. It was a success, although not without casualties and the death of a retired soldier. 



28 April 2012 - Bersih 3.0. Street demonstrations were still not the way to go, so says the government. Still the organizer's venue of choice, Dataran Merdeka was not allowed. The people still gathered and the police geared up their tear gas and batons. What seemed to be a peaceful gathering, later turned out to be euphoria due to some unforeseen circumstances. Perhaps, due to the acts of some unruly protestors, it gave the police more reason to react, even if the reasons are of the slightest in nature. 

 

12 January 2013 - HImpunan Kebangkitan Rakyat. Ok. I wasn't there. I was having a jolly good time in Genting Highlands. However, I received sources from friends who said that the rally was a success. Given that there are at least 80-90 thousand participants gathering in and out of Stadium Merdeka, this is by far the largest rally ever in Malaysia. And my friend also stated that it was the most boring one. Boring is good. Boring means that the rakyat did not have to face police action or brutality. So, boring is good sometimes. 

 

And during Chinese New Year, 2013 to be exact, our dear Prime Minister, perhaps due to some really really bad Publicity (PR) advisers, decides to go down the 'cool' route to win the hearts of the people. First a mandarin advertisement on air and then another nonsensical advertisement on TV, playing the chinese drums. Anyway, the TV advertisement is reproduced in this blog for your viewing displeasure. Nonsensical I say? You will get what I mean once you view it. Remember, citizens of Malaysia. You paid for this video....

 

Also the CNY celebrations in Penang, when the BN government decided to pay RM3,000,000 (me thinks) to get PSY (Mr Gangnam Style) to perform 1 song. That's right. 1 song. I mean its good business for PSY and I think he is an awesome chap. It's just that BN are so desperate to be cool, to blend in with pop culture that they decide to go down this route. Of course, nothing is without any consequence. When the people of Penang were asked if they were ready for PSY, they greeted with a resounding YES! 

When the people of Penang were asked if they were ready for BN, they replied with  a resounding NO! Not once, but 3 effing times!! I' It's like Peter denying Christ  times before the rooster crowed. Anyway the video is posted below for laughs. 

Oh yes, and PSY apparently refused to join in the 'lou sang' festivities with the BN Ministers for being apolitical to the situation herein. GOOD FOR HIM! I shall post his video here too for your viewing pleasure. Come on! What is there not to like about Gangnam style eh?

 

I'm sorry BN. But votes are not based on pop culture references and CNY adverts and other sweeteners such as book vouchers. Votes are determined on the confidence of people that their representatives in power are able to tackle issues such as poverty, security and safety, policies, more job opportunities, cheaper houses and finding solutions to other problems through understanding the need of the people and to have constant communication with the people to find out that need. BN just never learn now, do they. 

And if security is an issue, we have further seen this in the Kampung Tanduo stand-off in Lahad Datu, when 180 militants who claim to be the Royal Sulu Sultanate Army, took control of Kampung Tanduo. Reason being, to reclaim North Borneo to be part of the Sulu islands. 3 weeks of negotiations went by. In the end, there was bloodshed after negotiations failed and the death toll was 11 people including 2 from the VAT 69 forces who defended Malayia's honour. Our government should look into issues like these when it involves security. After all, this is not the first time that Lahad Datu had been trespassed. Once again, we never learn. 

 

There are many things more which have happened during the last 5 years. But the above are perhaps the more memorable ones for me.

 

As I conclude my rant, I hope all you who are Malaysian and are reading this, have registered as a voter and will exercise your vote during the upcoming GE 13. Your vote counts. Each and Every one of you count for the country. Don't let anyone else or your own doubts tell you otherwise. As we await the news for the dissolution of Parliament, let me just assure you that there will be more exciting events in the days to come.

 

I know who I am going to vote. Do you? 

 

GE 13. Are you ready?

Listen Listen Listen Listen Listen Listen Listen

I love my country, Malaysia.
Do you know why I love my country?

Cause more often than not, you get stupid twits (not tweet, mind you) who say things and think they can get away with it, without being held accountable.

Or so they think.

Thank God for the internet :). Everything we say or do in public,( or private even sometimes), becomes the scrutiny of the eye of the public. Once your act is recorded, BAM! There you go. Hit after hit after hit on youtube. BAM! You're famous. or Infamous for some.

So, if you think teaching a puppy to stand by torturing it or hitting babies who cry is a good idea, I've got news for you friend. You're gonna be so famous, you're E-mail inbox will explode. And that's just the inbox. :)

Capitalizing on the hottest and most tweeted topic in Malaysia, I'm proud to announce the latest catchphrase.

"Listen, listen, listen, listen, listen...."

Now...what is this you wonder?

This my dear reader is how forums are done in Malaysia. :) And if you are the speaker of such a forum, you moderate the forum. You moderate the rules and procedures of the forum. You are impartial to the issues debated because you are simply moderating the debate / forum. You are the balance between the opposites of the two spectrums.

Ahaaaa, that's what you think. Not in Malaysia. They speakers rule and reign and might I see, lean towards a very very biased view.

This is a snippet of a forum in University Utara Malaysia (UUM) on December 8 2012, addressing the issues on whether "graduates and politics are aligned?" which touched on some issues, such as Ambiga Sreenevasan (the Chair for Bersih 2.0) and other more vocal activists like Samad Said as agents of chaos and whether rallies are harmful.

I capitalize on the remarks made by the speaker of the forum, one Miss Sharifah Zohra Jabeen (cool sci-fi name), president of an NGO (non-governmental organization) named Suara Wanita 1Malaysia, aptly abbreviated (or initialled) as SW1M. How she seems to have commited error after error in her endeavour to make her points clear. Here are my views on the errors that she has committed:-

(1) She erred by saying "Listen" too many times to get the attention of one Miss Bavani who bravely put forth her questions when the floor was opened for questioning.

(2) Now, as the speaker, I would hardly think that she should address the questions of this brave young Miss Bavani.

(3) Let the panelist address the issues and the questions put forth. That's what they are invited for. To give their two cents worth on issues. Plus, they are the pros.

(4) Please stick to the issues in the forum even if, as the speaker, you decide to break your peace and show your allegiance. Do not wander off into the woods by talking about irrelevant issues which are disjointed. Animals do have rights yes, but that is a point of another forum.

(5) Before embarking on an explanation about illegal gatherings, it would be nice to do some research. At the very least, know that there is this Peaceful Assembly Act 2012 (which itself is pretty fallacious, hastly enacted to counter Bersih 3.0 at that point in time). Thus Section 27 of the Police Act 1967, to which I'm sure Miss Sharifah was relying, when referring to an illegal assembly consisting of 3 people gathering (even her definitions were wrong), was already deleted by an amending act in 2012 (Act A1421). At least have the decency to back up what you quote.

(6) Whilst she maintains that it is her human right, to berate poor Bavani, I suppose it is Bavani's human right not to be berated by Miss Sharifah as well. Whilst you proclaim to exercise your basic rights, you should not encroach the rights of others as well. Herein lies the checks and balances.

I may think i have the right to call someone's mother a whore (freedom of expression, Article 10 of the Federal Constitution), we need to counter-exercise the need of calling one's mother a whore and what benefits or harm it would bring to oneself or to the other person. Beneficial therefore? Hardly. 

(7) Please, as a speaker, do not be rude to the panelist. Kesian. They come from far places I'm sure and the last thing they would want a speaker to do is to ask them to sit down and shut up. And lastly:-

(8) Understand that forums may be heated at points, but duality of points of view is needed so a common ground can be achieved (if any). That's what forums are about. To lay down issues and to address them from different perspective and points of view. The speaker here unfortunately has failed terribly in that.

Anyway, for some of the misc reports, click on this link to have a read. This is reported by Yahoo.

Anyway, I was joking when I mentioned that this was how forums are done in Malaysia.

On the contrary rather. This is the first and its pretty embarassing. Funny but embarassing. At least for poor Miss Sharifah. Clearly she has no idea what she has gotten herself into.

The bigger picture however depicts even grimmer. This is a sign of things to come. The future who will take over the reins of the country. And what a gloomy portrait is portrayed on the canvass.

Places of tertiary education should be places, where people explore idelogies and expand their minds. No. Not in Malaysia. We are fed propaganda after propaganda (And I'm speaking through experience in a local varsity I attended once) on how we should think and what we should believe and follow.

Students are often not encouraged to participate in political rallies or be involved in any political activities and YET, it is the very powers that force-feed their political agendas into , these young people, making them think that this mainstream view is the correct view. If this is not forcing them into politics, I don't kno what is, looking at politically charged points of view.

At best, if they want to play it that way, open up the stage for students to free their minds and to gather all information on all political things. Let them decide who to vote for and on what merit that vote is counted for. A level playing field at best is a fair one. And we know BN don't play fair. Oh well....anyway. I leave it for the readers to decide. Readers who I'm sure are matured enought to come to their own rational conclusions.

If I quoted any Act or Statute mistakenly, please correct me. I very much welcome the corrections. We all learn together. :)

I leave you here with two videos, one made by the brilliant troller, Namewee and another a remix of the current hit, Listen To Me.

Have a listen :) LISTEN LISTEN LISTEN!!

Lastly kudos to the people who turned up for Saturday's rally, 12  January 2013. The numbers for the rally were nothing short of amazing. And it was a peaceful one without any tear gas or watrer cannon retaliation. Let the detractors say what they want about demonizing Bersih 3 and Bersih 2 because of this example. The detractors will always say what they want to say and they will always report these events in a less aahn accurate fawshion . But the people know better. And the people have once again shown that their numbers matter collectively as one voice.

I sat this one out for fear of lack of dissemination of information with regard to the assembly. I was proven wrong once again. OK. I was actually having a rather good time in Genting Highlands, breathing the cool air and well, drinking some much needed free coffee. But my heart goes out to the people who gathered  and once again fought the good fight.

Thank You!! Goodnight!

2012 - In retrospect

After a 4 month hiatus, I'm breaking the duck once more. 

It's been a rally, the past 6 months. More so, it had a lot to do with work. Being a litigator is not easy. I've thought I knew the costs of being one. And I'm reminded once more of how tiring it can be. Managing an average of 5-6 hours of sleep a day (I know, some people say that it's quite a lot and perhaps it is), sleepless nights aren't much fun especially waking up in the weee hours of the morning and just staring into deep space, counting sheep, hoping that you fall asleep once again without much fuss. 

But all that said and done and looking back at those times, it wasn't so bad afterall. We eventually survive. We will survive, since we live on hope even when hope seems to be nothing but a tiny flicker, yet, we latch on to it to get through the night. :) 

It was a roller-coaster year indeed, and also a year which sets out the foundations for my decision making and risk taking. Not yet, but I will get there very soon.

So, in retrospect, here are my bests and worsts of 2012

Movies

Seriously, this is a really tough decision to make..........nah. I'm just kidding. I should have perhaps chosen an Oscar contender, but alas, I'm bias and I follow my heart. I

It would be, yes you would have perhaps guessed it, The Dark Knight Rises. It's not as good as its predecessor, The Dark Knight, but it's an epic on its own. 

 

Don't get me wrong. I love many other movies as well. And Avengers would have been a close second. But comparatively, the intensity and drama didn't match the aforesaid Dark Knight who remains as brooding and conflicted as ever. 

Other notable movie mentions which are favourites of mine are The Amazing Spider-man, Judge Dredd and Moonrise Kingdom.

My favourite comedies, I've watched many comedies this year but Sacha Baron Cohen's The Dictator definitely takes the cake for it. I expected it to be another Borat-ish mockumentary but was quite delighted to find that there is a proper story set out The Dictator. So it has my vote for favourite comedy of the year, followed by Ted (seriously, who can resist a potty mouthed teddy bear?) and Will Ferrell's The Campaign (great stuff and a parody of the American election which is quite endearing). 

Music

Now....we were suppose to go to Singapore to watch the Foo Fighters. Tickets were bought and plans were made. Alas Dave Grohl had a really bad throat infection and lost his voice. Monies were refunded, but it was a waste cause it would have been an awesome concert. 

To compensate the misfortune, I bought myself L'arc En Ciel tickets for their concert in Singapore. I was gearing up for that so much so that I started downloading the music which was kept in cassette form by me, which was eventually disposed off. So yes, it was downloads and new L'arc En Ciel album acquisitions. 

But alas.......national service came a-calling. And on 28 April 2012, on the day of the L'arc En Ciel concert, BERSIH 3.0 happened (which will be covered below). And I would miss L'arc En Ciel's first and perhaps only ever tour in South East Asia. Damn.........

Anyhow, no regrets going for Bersih 3.0. I would have decided to go for Bersih 3.0 anyway. 

But the Avenged Sevenfold  (A7X) concert more than compensated for the above bereavement and grief of missing out on two concerts thus far. The Avenged Sevenfold was really tight and each beat was played out precisely! 

I never was a fan of Avenged Sevenfold and was only there so that I get to see a concert in 2012. But like many other prudent people going concerts, we listened as much as we can to AX7 and slowly but surely, I developed a liking for them. And on that day of the concert it was a done deal. I was an official fan of A7X. Energetic, frenetic and I wished I could sing more of their songs at the concert, but I can't cause I'm not familiar with the lyrics. Anyway, here's a video for you if you are either curious or interested.

But the best album, that I've bought for myself, would definitely be this one:-

Tempered Mental's Pax Automata

I've been anticipating their follow up album after The View From Here. I loved their previous album and the EP (Honestly) way way earlier. But this one transcends my expectations. The songs were executed with perfect timing and pinpoint accuracy. The songs were edgy and tight. And progressive rock never sounded so good. Melina was as usual, slapping the bass and singing where no men (or women) can master. Except Les Claypool of course. Jack's guitar shredding puts him on top as one of the best (and technical) players this side of Malaysia. And Jimmy does what he does best, keep the timing tight and attack when needed. Purely technical but enjoyable and rocking stuff. I had the opportunity to watch them launch Pax Automata and what an experience it was. I've been to many Tempered Mental outings but this one was easily the best. Malaysia's best band in my humble opinion.

So that's my album of 2012. Yes Sir. Crap. Can't upload any videos from the launch though. :(

Events

There were many events that had happened over the year. There were some weddings. There were some wakes and funerals. There were performances. And then there were demonstrations. 
The biggest event for me in 2012 would be the Bersih 3.0 rally. 5 years down after the first Bersih rally back in 10 November 2007, the people marched on for cleaner elections and a more transparent process. I have in my own words documented this in my post here.
In light of the upcoming general elections, pressure needed to be asserted to ensure that the terms of the Memorandum from Bersih 2.0 will be clearly adhered to. Dato' Ambiga, chair of the Bersih coalition had warned that the upcoming elections would be the dirtiest. From the events that happened since the political tsunami of 2008, one would not challenge that assertion. 
Things are changing still and the process will be even more evident. But once again, it was encouraging to see familiar faces once more (veterans of the Bersih rallies, and I'm one of them if I do say so meself :) nyahahah) and new faces who have joined in to voice their concerns of the decadence of the ruling coalition.
Speculation on the dates for the general elections were pushed further and we may see experience the general elections in the first (or second quarter) of 2013. We will be ready then. And hopefully we see more change happening. The good fight continues on....

The other notable event would be the KL Bar Charity Night. SYB performed once more. I should be blogging about this as a tribute to our cover band. But here's the nutshell of it. It was a great night. We played our hearts out. The crowd was supportive and enjoyed our music (hopefully) and we hope we will continue to play for more events in the future. 

 We played a few covers. 6 in all. The list goes like this:-
1. King of Wishful Thinking by Go West
2. Rolling in the Deep by Adele
3. Don't Stop Believing by Journey 
4. Zombie by Cranberries
5. That's What You Get by Paramore and 
6. I Dare You to Move by Switchfoot

But here's 3 of the videos. I will perhaps post the rest up in another posts. If anything we're just a cover band, so we're not perfect :D



The lovely Raja Nadia Sabrina was our guest singer for two of the songs. This one is Zombie



Paramore's That's What you Get

and then below, Swtichfoot's Dare You to Move



Hopefully I get all the videos of SYB and I can post up a full song list in my next post. Whether you like it or not! Muahahah!

By the way, we also performed at the KLCC Plenary Hall. Michael Bolton held a concert there 3 weeks later. Just saying. 

Also notable was my trip to South Korea. It was an experience, culturally and err socially. Its a fact, there are many good looking people in Korea, and how do they all look so good? :) Well........it's your guess. But I enjoyed every bit of the trip; from the food I've tasted, from the wonderful places we visited and the people we meet along the way. Heck, given a chance I would go back there once more. Then again, there are many places I've yet to step foot on. Still the idea is an idea kept in view. 
We traveled cheaply and backpacked as much as we can. It made the whole trip even more worthwhile. 

Now here's the funny thing. Up this part, I can no longer posts any pictures. Probably I overused my quota of pictures for 2012. Hahaha. Oh well, just my luck. 

Oh yeah. And St Michael's had it's centenary dinner finally. It was a gathering of familiar faces. Ancient and young. Alumnis of La Salle who made their way from all over not only the country but from the globe as well. We gathered, we sang, we feast and we drank. And I'm reminded of why it is possibly the best school on Earth, ahahah (We Michaelians are a proud lot). And it has been an honour to have spend the best (and worst days) of my studying life in St Michael. 

To that I say, Quis Ut Deus (who is like God?)!

World Events 

Obama wins the presidential elections and will yet serve another term. Joy to the Democrats. Not so the Republicans. 

There were tragic events as well. Notably, two shocking and shooting events in the US. 
The first in Aurora Colorado where a lone gunman fired into a movie theatre whilst showing the Dark Knight Rises. The gunman was arrested. The identity of the person was later revealed to be James Eagen Holmes. His trial is still and on-going event. 

And then there was the shooting at the Sandy Hook Elementary School in Connecticut. Reminiscent of the Columbine massacre in 1999, only this time, it's in an elementary school. The death toll and fatalities was about 20 odd children and 2 adults. The lone gunman, Adam Lanza committed suicide after the shooting before help arrived. 



Whilst I read about this and vicariously experience the tragedy, one can not help but ponder once again on what is it that drives some people to the edge. Over these episodes, questions arose, on whether gun enforcement should be stricter, or whether these gunmen are themselves victim of social ills? 

In India in December, 2012, notably the brutal sexual assault of an medical student on board a bus (her friend was assaulted as well) and thrown off a moving bus has sparked outrage in the heart of India. It was one of the most crushing and heartbreaking news of 2012, on how the student cling on for life after the assault only to die 13 days later in a Singaporean Hospital. We can only hope that this event, would have sparked not just an outrage but also spark reforms on what seems to be the chauvinistic attitude towards women. Not just in India, but around the world, to strip down the chauvinistic attitude that men in some archaic nations (including ours) have always harboured and to pound in them the humility and respect that they owe women around the world. 

Ok, I felt kinda depressed penning down the last bit. 

On a sunnier note.....

Sports

On the sporting front, Manchester United lost the title to their noisy neighbours, Manchester City. Was it shocking? Not really. The most shocking thing was of course how United lost the lead whilst ahead by quite a margin by losing game after game. But the title was tightly contested nevertheless and in the end, the title was won on goal difference. 
We were in South Korea in the district of Itaewon (not many EPL fans in Korea I reckon) drinking our beers and drowned our sorrows when QPR conveniently lost to City in the dying minutes. A draw would have sufficed but at the end of the day it was not to be. 
So the noisy neighbours take the 2011/2012 title and United are left reeling. Of course, now, with the acquisition of Robin Van Persie at the expense of Arsenal, things are looking bright once more. Lets hope it stays that way. 

And then our Dato' Lee Chong Wei put up a gallant fight but was unable to deny his arch-nemesis and friend, Lin Dan of China from taking home the gold medal at the Olympics. 
That was my highlight of the Olympics. :) Wished I could remember the other medalists, but not at the top of my head right now. 

And Spain prove itself to be a formidable force once more in football by trashing the Italians 4-0 in the finals. Not only are they the World Champions but they remain the unbeaten champs of European football. A feat not easy or unprecedented even, that a team would win 3 consecutive championships. Spain has come of age and are no longer playing second fiddle to the powerhouses of old, i.e. Germany and Italy. I supported the Netherlands in this one. But they couldn't kick themselves into second gear and bowed out horribly without any point. They came with great expectations but collapsed under the burden of that expectation. 

Below are the highlights of the final. Watch how Italy is made mincemeat by the Spaniards.



Conclusion

The ancient Mayans predicted that the world would end in 21.12.12. It didn't. We survived the 'apocalypse'. But having said that, we are in our last days anyway, so it's just a matter of time.
But anyway, with 2012 gone and I've resigned from my current job, changes will come, rest assured. New challenges will be ever present. And I will continue blogging as long as I can with the things that interest me. 


And I end 2012 with this:-

2012, an epic, I have not,

But a rhyme or two,

A ponder, a thought.

It brought the worst,

And the best of times,

In friendships and fellowships,

And brotherhoods that bind.

Events that ensue,

Of wakes and weddings,

Of life and death,

Of funerals and blessings.

The successes and joy,  

Together we shared,

And tragedies that ensued,

In solidarity to bear.

Of hopes and dreams,

That may have fall short,

Of lessons we learnt,

Let them not be forgot.

So we bring new hope,

In the days to come,

Of planned resolutions,

May they be done.

As I shut the doors,

For a year gone by,

And I usher in a new year,

With a smile and a sigh.

A memorable 2012,

Has it at all not been,

Happy New Years to all,

Happy 2013.

My grammar sucks. Bite me.

The Peaceful Assembly Act 2012 - An Overview

This is a reproduction of an overview by Professor Shad Faruqi, one of the leading academics in the area of Malaysian Constitutional Law. He happened to be one of my lecturers during my days in law school as well. 

And here is the brief overview for an understanding of the Peaceful Assembly Act 2012. 

The link to the article as published in the Star today, 27 June 2012 is here.

Previously, everything was prohibited unless permitted. Now everything is permitted unless prohibited. This is a significant shift in civil rights thinking.

IN early legal systems, the primary end of the law was to keep the peace. In modern legal orders, a just balance between the might of the state and the rights of the citizens is attempted. No field better exemplifies the difficulty of achieving this fair balance than Malaysia’s law relating to assembly and procession.

The recently enacted Peaceful Assembly Act 2012 has received much criticism in the media and deserves scrutiny of its high and low points.

Police permit: Previously under Sections 27 of the Police Act, citizens had to apply for a police permit for gatherings or processions of more than three people.

Under the new Act, there is no requirement for a police permit, but organisers of assemblies must notify the authorities 10 days in advance under Section 9(1). No notice is required for meetings in designated places or if the assembly is an exempted assembly.

If in response to a notification the police do nothing, then under Section 14(2) silence is deemed as consent.

Previously, everything was prohibited unless permitted. Now everything is permitted unless prohibited. This is a significant shift in civil rights thinking.

No power to ban: Under the Police Act, assemblies and processions could be prohibited outright or conditions imposed.

The new Act in Section 15 permits the OCPD to impose significant restrictions and conditions including the date, time and place of the assembly. However, there is no power to issue an outright “No” before the assembly takes place.

Time limits: Just as citizens are required to give advance notification of 10 days, the police response must also be communicated within a stated time limit of five days: Section 14(1). An appeal to the Home Minis­ter must be decided within 48 hours: Section 16(2).

Designated places: The Act permits the minister to designate places where assemblies may be held without notification to the police. Critics have charged that this is an attempt to isolate Opposition gatherings in distant and low-impact places.

This is an overly cynical view. Actually it is a good idea to designate some fields, stadiums and Speakers’ Corners for public assemblies.

What would be improper is if the owners of designated places indulged in the selective granting or refusal of permission. If this happens, judicial review is likely on the (Article 8) principle of equality or the administrative law principles of reasonableness, irrationality or abuse of power.

Exempted assemblies: This Act does not apply to election campaigns, strikes, lock-outs and pickets under the Industrial Relations Act and the Trade Union Act: Section 1(3).

It is also inapplicable to religious assemblies, funeral processions, weddings, open houses, family get-togethers, family days and meetings of societies or associations: Third Schedule Paragraph 9(2)(b).

The words “meetings of societies and associations” are very broad and permit vast possibilities.

Right to object: All persons likely to be affected by a proposed assembly have a right to be informed and to raise objections. In principle this is acceptable.

However, there is a perception that the police may pander to extremist groups; subordinate minority rights to majority concerns, and discourage lawful but unpopular assemblies. This perception needs to be proved wrong.

Judicial review: Mercifully, the Act has no ouster clauses for excluding judicial review.

Counter-assemblies: The Act takes admirable note of counter- and simultaneous assemblies, and seeks to regulate them by giving preference to the assembly first in place. It also provides for alternative sites, times and dates for the counter- or simultaneous assembly or assemblies.

Spontaneous gatherings: These are not contemplated by the law and are presumably not illegal.

Involuntary presence: The definition of “participant” leaves out anyone who is unintentionally or involuntarily present at an assembly. This will be a useful defence to a citizen who is the subject of a prosecution.

Despite the above wholesome features, the reformed law still bristles with some controversial provisions.

Street protests: These are a form of assembly in motion, a procession or a demonstration. They were permitted (within limits) subject to regulation under Section 27 of the Police Act, but are now absolutely banned.

Other ambiguous aspects of the law are that a street protest by definition involves “walking in a mass march or rally.” So if there is no walking but a motorcade of cars or bikes, that will not be caught by this law and the authorities may have to use Section 268 of the Penal Code or some provision in the Road Traffic Act 1987.

Further, although “street protests” are banned, the Act refers here and there to “processions” and “assemblies in motion.” One has to struggle to understand the distinction bet­ween a lawful procession and an unlawful street protest.

Police discretion: Under the Police Act, police discretion to grant or withhold a permit was more or less unfettered and the power to impose conditions was very wide, although subject to occasional judicial review as in Chai Choon Hon v Ketua Polis Kampar (1986) and Patto v CPO Perak (1986).

Similar to the Police Act, the new law in Section 15 still confers on the men in blue very wide discretion to impose “restrictions and conditions,” arrest without a warrant any person failing to comply with a restriction or condition, or order the assembly to disperse.

It must be acknowledged, however, that such wide discretion is known in other jurisdictions like Britain, Finland and the state of Queensland in Australia, but subject to external review.

External control: Unlike the recent Security Offences (Special Measures) Act which subjected the powers of the police and the Minister to judicial control, this Act makes no effort to subject police discretion to external, non-executive control.

An appeal lies with the minister, which basically means there is an appeal from the executive to the executive.

Fortunately, however, there is no ouster clause, and judicial review on the first principles of administrative law is a possibility.

Public places: These are defined too broadly, so they include private places open to or used by the public by the express or implied consent of the owner or on payment of money. This means that private premises, hotels and halls to which members of the public are invited or permitted are deemed public places!

Constitutionality: It remains to be seen whether the courts will review the constitutionality of some parts of this law. Issues germane for discussion are:

> The total ban of street protests without linking it to public order and national security may well fall foul of Article 10(2).

> The ban on people under 21 organising an assembly may be challenged as a violation of Article 10 (free speech) and Article 8 (equality). It is noteworthy that case law has established that parliamentary res­tric­tions on human rights must be reasonable by objective standards (Hilman Idham).

> One of the grounds on which the police may exercise the power to regulate assemblies is “the protection of the rights and freedom of other persons” (sections 2, 3 and 15). These words of limitation do not occur in Article 10(2), and may therefore be seen as an extra constitutional limitation.

In most countries including the US and Malaysia, courts have accepted implied limits on human freedoms and have often carved out common law restrictions on fundamental freedoms.

In sum, the Act has many wholesome features. But it is defective in that it imposes no objective restraints on the police and ministerial discretion.

Nevertheless, as judicial review is not excluded, courts may provide a proper balance between police powers and fundamental freedoms. Whether the courts will play such a balancing role remains to be seen.

- Shad Saleem Faruqi is Emeritus Professor of Law at UiTM.

Bersih 3.0 - New Experiences, New faces, Same Fight, Same outcome - The fight for the country continues

 Bersih  - 10 November 2007 - 10 years after Reformasi, street rallies were still taboo. Street rallies were still deemed illegal, but we went anyway. The objective was to march to the Palace and to deliver the memorandum to the Agong for cleaner elections. Reports back then said around 30,000 - 50,000 people. Mission accomplished. This is the link to my experiences after Bersih and what happened thereafter, back in 2008. First account of teargas and water cannons. Something new.

Bersih 2.0 - 11 July 2011 - ILLEGAL! The PM, Home Minister and practically the govt had a pre-emptive strike to stop Bersih 2.0 from happening. Bersih 2.0 was ILLEGAL! Wearing yellow was a crime (ridiculously true)!! The city was at a lockdown. Stadium Merdeka (the proposed venue) was closed and barred and heavily guarded by the police and the Federal Reserve Unit (FRU). But still we pressured on. Though no memorandum managed to reach the hands of the Agong this time, the presence of the people sent tremors across the country and internationally. Police violence against protestors made international news and people get to see the other side of things. I personally met new faces as well as old ones, and the motley crew of us once again experienced teargas and water cannons. Only this time, the effects were more painfully potent. 

But it became a wake up call for many Malaysians. 20,000 rallied that day and it was a beautiful event on all accounts. My accounts on that event are here. 

Bersih 3.0 - 28 April 2012

When Bersih 2.0 announced that the rally would be held on April 28, my heart sank. It sank because I had bought concert tickets for a really awesome band called L'arc En Ciel. Now, who are they you would ask me? They are a Japanese band who are really awesome. The video to their latest single is posted below :- 

I thought I would go for the concert this time instead. I spoke to the usual fellow rally goers, Colin and Desmond. And Colin said it right, that if I do go for the concert, I would be missing out in another piece of history taking place in Malaysia. And he said that I wouldn't go for the concert in the end. 

Indeed he was right. I didn't go for the concert cause I know I would be much too bothered about how my friends are doing and I can only read tweets from afar and only wonder that much on the state of things on 28 April 2012. Tried selling my tickets though and was desperate enough to post in FFK.Me.com. Well, tickets for L'arc En Ciel are not exactly Russell Peters material and in the end, my mate Aaron (another L'arc fan) took his wife instead of me to the concert. If I can't sell it, best to bless others right? 

Prelude

The momentum leading up to the rally was rather quiet this time round. The euphoria surrounding the rally wasn't as great as Bersih 2.0. I suppose the police knew that any more negativity on their part, since the last crackdown would heavily damage the ruling coalition's hopes of retaining the heart of the people it purports to serve. However, that is not to say that there is no news on this matter. In fact, the Occupy Dataran Movement served as a prelude to what was to happen on 28 April. Applications were made to DBKL and the Police for the rally to be held at Dataran Merdeka but it was rejected (no surprises eh? yeah, I had none too). 

The Home Minister instead, offered Stadium Merdeka and would insist that DBKL allows for it.

Less than a week before the actual day itself. Bersih 3.0 insisted on going ahead with the Sitting protest in Dataran Merdeka. 

By 26 April 2012, the entire Dataran Merdeka was cordoned off. Not only with barricades, there were razor wires actually used instead of barbed wires. Such is the fear of DBKL to allow people to use it. The Police later said they would allow the rally / assembly provided no one goes into Dataran Merdeka or some other roads as stated in the Court Order obtained by the Police. However, despite all this, the numbers in our group swelled and by the end of Friday night, our group numbers at or around 60 odd or so. Old faces and new ones. Rally veterans and first timers. It was exciting to say the least.


We read of news that the police would use a new weapon, the Long Range Acoustic Device (LRAD) as a means of crowd control this time round. Advice to bring headphones or earpolugs were then circulated.


The Morning

The few of us, consisting of my sister (miracle of miracles), Wil Liam, Alvin Cheah and Kien Mun took the LRT to the city at around 930 am. We were met by hordes of yellow shirt wearers. The atmosphere was pretty different from that of Bersih 2.0 where many had to hide their tees in their bags for fear of being arrested (orders were given out for the arrests of anyone who wears yellow - a crime only in Malaysia and in June 2011). Our spirits were uplifted. 

When we reached Pasar Seni, we rallied at the first point which is Lai Foong Coffeeshop and this time, the coffeeshop was bustling, once again unlike Bersih 2.0. We met familiar faces, but at the same time new ones.


Some of us then headed to Petaling Street to meet up with another group, my sister's church group, and we had breakfast there instead. Believe me, chicken rice was the first to go, so I ordered some rice with sotong sambal. Not good. :) 


We then rallied back to the Central Market car park, the original rally point and all the satellite groups met up to form the original group which was co-ordinated and facilitated by Colin Pal.There was a crowd gathering and more and more people gathered. 


Ambiga and perhaps, some members were giving speeches on stage. We were quite a distance away however. 


The atmosphere was carnival-like and we entertained ourselves while we wait for further directions to move towards Dataran Merdeka. People from all walks of life greeted each other and new friends were made by many I'm sure. 

 

 
The Protestors and their afternoon prayers. I truly admire their discipline in prayer :)

The March


At about 130pm, orders were finally given to the crowd to start walking from Central Market. By then, on an estimate, it could have been about 3000 here? My estimate is quite horrible I must admit. 




 
 

We took the Kota Raya route which took us to Leboh Pasar Besar. We continued to walk towards the Leboh Ampang. I had the opportunity to meet Haris Ibrahim and as usual, he always came across as a really humble chap. Haris Ibrahim, the person who coined up the Pakatan Rakyat moniker and his life is a testimony of the good fight. A true Malaysian hero! 

 DUDUK BANTAH !!

We arrived at Leboh Ampang finally and that’s where we met the PR convoy of Datuk Seri Anwar Ibrahim and Lim Kit Siang. Ambiga was already some platform on top of a truck and speeches were given. We couldn’t hear much from behind and we proceeded to the front. At some point, orders were given for the crowd to sit and that’s where we DUDUK BANTAH (Sit In Protest). 

We arrived at Leboh Ampang finally and that’s where we met the PR convoy of Datuk Seri Anwar Ibrahim and Lim Kit Siang. Ambiga was already some platform on top of a truck and speeches were given. We couldn’t hear much from behind and we proceeded to the front. At some point, orders were given for the crowd to sit and that’s where we DUDUK BANTAH.

 

Calm Before the Storm

Around 15 minutes into the DUDUK BANTAH we were asked to later disperse. That was the end of it. Or was it? The crowd was curious, some of us were asked to push back. Then again there were some who said to march on into Dataran Merdeka. Here is where I got a suspicious. We rallied on however. As we passed the KL Bar (Wisma Kraftangan), protestors started to chant ‘Buka Buka, Buka Pagar!” (Open up the gates). And here is where I felt that something was about to go down. We had promised not to go into Dataran and that is that. But to open the barricades, that wasn’t part of the plan.

And before I know it, the police started firing teargas. From afar we saw the smoke and I knew, we have walked into a trap of sorts!

I opened up my salt pack and started taking some to avoid the sting of the teargas (experience helps this time round).  We offered salt to people around telling them to put it in their mouth to avoid the sting! We pushed back as more and more tear gas canisters were fired.

“B*stards!”  I thought to myself. I knew all too well that they would use their teargas canisters, cause they’d probably need to achieve a quota of how many canisters were used for the day. The more canisters, the higher their brownie points would be recorded.

Some protestors, who were falling back started shouting to the others to run for it. Together with some of the more experienced protestors, we shouted in reply “TO WALK! JALAN! JANGAN LARI. BERTENANG!”  (to walk and not to run and to keep calm) knowing full well that anything out of control would cause a stampede and that is the last thing this peaceful rally really needs.

Most of got separated here and some of us decided to rally back to Central Market since the Rally is over. We took the exit on the right off Burger King to head back. More tear gas was fired but by then we were at a safe distance (at least the remaining few). We walked back to Central Market but before that, stopped to get some water. 

I received texts of others who were separated to rally at Central Market and we all agreed and decided to head there. We were then at Central Market waiting for the rest to get back. And this is when we received news that the police had fired tear gas in these few spots, Kota Raya, The Bar Council and Central Market. This was absolutely ridiculous!! We hear that the Bar Council was also attacked with the FRU Water cannons! Believe me, chemical laced water is the last thing you want on your skin. And this is what the rally-goers at the Bar Council had to endure. 

As the group re-assembled once again, teargas was coming our way and this time the effects were more  potent than before. I had to admit, I choked. But thankfully, the tear gas formulae was not as potent as the ones used in Bersih 2.0. But it was still bad nevertheless. When I recovered, I joined Colin and the others to offer salt to some of the others.  This is when we see police personnel starting to assemble and we decided to leave for good. Those who were separated were already on their way to KL Sentral and we decided to rally at that point since the Pasar Seni, Masjid Jamek and Dang Wangi LRT Stations were now off bounds (another ridiculous decision made by the powers that be for no good reason).

 

We reached KL Sentral and had our really late lunch at Burger King. And this is where we found out that some protestors were knocked over by a police car in the Sogo area. Not only that, the car was subsequently overturned by angry protestors. At that point, we felt really sad for we know that this would be the talking point and the negative aspects that Bersih has been trying to steer clear off, would now be pinpointed based on this incident. 

Colin told us that Ambiga and Co would be doing a press conference at KFC in KL Sentral. We headed over to KFC once we are done only to find out that the press conference was already over.

However, we managed to have a word with Wong Chin Huat, member of the steering committee. In light of all the negativity that had happened, he requested that we help mobilize a team to clean up the streets which have been left littered. The streets were Masjid Jamek, Jalan Tunku Abdul Rahman and Jalan Raja Laut.

By now, some of us were really tired. We informed those who were realluy tired to go home first while the rest who still had the energy, to do something, start mobilizing themselves and gather people for the cleaning up exercise. We started tweeting and see if there was response. Eddy, Sean I and some of the rest who had left earlier decided to come back.  However,  we told the rest that we would go to Jalan Tunku Abdul Rahman since there was news of unrest in Masjid Jamek. With the help of a very nice Burger King manager, we got ourselves black plastic bags.

Rubbish Collecting

By the time we got there, Jalan Tunku Abdul Rahman was empty. But the police formed barricades, and they were looking really serious. We didn’t bother and we continued our cleaning up exercise. We met another chap, Rahul who decided to help us with the exercise. Now this is 1Malaysian spirit. J

Anyway , I got nearer to where the police barricade was to pick up some rubbish there. It was there that one of them confronted me and asked me if I was paid for doing this. I said I wasn’t paid and that this was a voluntary exercise in good faith. A plain clothed police, Inspector, I reckon then told me “Get your friends, your family and stay out of here. If you don’t want any trouble, get out now. A police has just died!”.  I didn’t exactly believe him but he has spoken. I retreated and told the rest of this. We decided to then head to Raja Laut and continued to pick up the rubbish and see what the conditions were like over there. We perhaps heard sounds of police approaching and we got scared. The idea of being arrested now is even more so real since, now its just the ragtag group of less than 10 of us VS the PDRM. We then decided to head home, but not before throwing the bags of rubbish that we had. At least for that moment, we made the world a cleaner place.We were dead tired and we called it a day.

 Post mortem of Bersih 3.0

 It would seem that the tables have turned this time round for Bersih 3.0.

Protestors’ acts of violence would now be the main drawback of the otherwise peaceful rally by protestors (notwithstanding the acts of the police).  Especially the turning over of the police car aka the SOGO incident.  Was this action warranted?  After viewing some of the videos, I could reconcile the fact that they overturned the car because there was genuine suspicion that someone could have been trapped under the car since the car was seen ramming through a protestor before hitting the wall.

Was the police man at fault in driving at such a pace?

No. If one was to observe, he was probably in shock from the attacks carried out by some of the protestors and he could have sped for fear of further endangerment to his life. It was truly tragic then that someone was hurt in the process, an innocent bystander no less. I was informed later that the police car was attacked at traffic light junction. Now, violence by protestors cannot be condoned. What is shocking to me is that the usual group of protestors are usually very well behaved and if you can see from one of the youtube videos posted here, some of them tried to protect the policeman from being harmed by other angry protestors. Surely, there are people who still act responsibly and I’m truly proud of them.

However, there will be other questions which perhaps would be left unanswered.

Was the barricades breached by the protestors or on some accounts, was the barricades removed as part of an enticement and a trap for protestors to enter Dataran, and to give the police full reason to retaliate? I'm not sure, but from the accounts that I read such as Marcus Van Geyzel's post, it could be well possible that it was a trap. As for me, I believe that this would have been carefully planned out and hence my suspicions as earlier mentioned in this post. 

Other questions would be, was the force inflicted by the police against the protestors warranted? The excessive use of tear gas, the water cannons and finally police brutality against unarmed protestors? I read news and heard reports of reporters being harrassed by the police and having their camera equipment snatched and destroyed. Truthful reporting is dangerous and this is a proven fact with these incidents.

Below is a video of excessive force administered onto one individual.

The force of police retaliation can never been seen as equal or proportionate. As Edmund Bon tweeted, its about proportionality. You don't bring the entire house down to catch a fly. 

And it is sad, that this is prevalent in this country. 

Above is the comparison between what is reported by International media and what our mainstream media wants us to see and believe.

I was also disturbed to read that someone said that "if the someone swallowed their pride and accepted the offer to hold it at Stadium Merdeka instead of going ahead to rally at Dataran Merdeka, this won't happen". I wish it was all that simple but time and time has proven that offers from the government always end up as empty promises. If anything, it is history that has taught us that (Bersih 2 is an example). For me, I would be supportive of sticking to the plan of rallying around Dataran Merdeka and that was not a mistake. 

What I believe would be a mistake is for DBKL and the Police to cordon off Dataran Merdeka without any cogent reason or valid excuse. Clearly what they have done is unconstitutional and goes against the spirit of Article 10 of the Federal Contitution (I believe the Peaceful Assembly Act 2012 is also in itself unconstitutional).

 

All said, I believe there will be more questions in search of answers in days to come over all this.

But please, amidst all these negativity and euphoria, remember that the people gathered at their own will to voice for one goal. That is, for clean elections. To stand for what is right and just. And to tell the powers that be, that we will never be scared of bullying tactics. T

And that is what Bersih is for. Let not all these things take the beauty of solidarity as I have seen away from Bersih. The beautiful view that I share with thousands and thousands of others. 

There may be allegations that the rally was hijacked by the Opposition. I believe even if it was true, the people know full well what goes on in this country and has chosen, with or without an opposition card, to gather at Kuala Lumpur to voice out against tyranny.

And we hope that what happens at Bersih 3.0, let us remember that the fight for this country continues. Even if there is a need for Bersih 4.0 for better governance. 

For this peeps who have been fighting alongside, it is such an honour walking with you guys. You know who you are. Of course you do, your pictures are posted here !!! ahahahaha! 

Thanks for reading.