Monday, March 29, 2010

Above All


Above all powers, above all kings,

Above all nature and all created things,

Above all wisdom and all the ways of men,

You were here before the world began.


Above all kingdoms, above all thrones,

Above all wonders the world has ever known,

Above all wealth and treasures of the earth,

There’s no way to measure what You’re worth, Lord.


Crucified, laid behind the stone,

You lived to die, rejected and alone,

Like a rose trampled on the ground,

You took the Fall and thought of me...

Above all.


(Lenny LeBlanc & Paul Baloche)


Sunday, March 28, 2010

Peaceful Protest Against Police Brutality & Preventive Detention Laws



LAWYERS TO DELIVER MEMO OF PROTEST TO IGP
(BUKIT AMAN, WED 31ST MARCH 12.00pm)


Lawyer Amer Hamzah Arshad manhandled and briefly arrested by police outside court

1. On 25th March 2010 Amer Hamzah had obtained his client Khaeryll Benjamin Ibrahim@ Benjy's release on bail on a charge of drug possesssion at the Jln Duta courts.
2. Near the bail processing counter, about 10 policemen suddenly converged on Amer and his client and ordered the client to go with them. Present were the client's mother Azean Irdawaty, pupil Sharon Khoo and some family members.
3. The policemen were in plainclothes, and Amer demanded their identity and police card. A police inspector claimed that it was an arrest under the Dangerous Drugs ( Special Preventive Measures) Act i.e: detention without trial.
4. At this point, Amer was assaulted and briefly arrested. Two policemen grabbed Amer and held him back with force. Amer protested his treatment, and repeatedly asked the police not to touch him. Eventually Amer was released as his client was bundled away.

Our Protest
The unlawful, oppressive and arbitrary actions of the police on 25th March are a gross interference with a lawyer carrying out his duty to his client. Amer was discharging his duties in the best traditions of the Malaysian Bar, when he sought explanation from the police as to why his client was being arrested. Despite being surrounded by police, he continued to speak out for his client,as he was bound to do.The aggressive and unlawful response of the police is a reflection of the general arrogance and lack of respect for the rule of law widely displayed by the police force. The matter is aggravated by the fact that Amer's client was being arrested under an oppressive and unconstitutional preventive detention law. The Malaysian Bar has forcefully and repeatedly called for the repeal of all preventive detention laws. The re-arrest of Benjy immediately after his release by the court is also a flagrant contempt of judicial authority. The Inspector General of Police must:
a) take stern action against the policemen who assaulted Amer Hamzah Arshad and the officer who was in charge of the operation;
b) undertake not to further interfere with lawyers carrying out their duties;
c) immediately stop the unjust practice of re-arresting under preventive detention laws persons released by court;
d) issue a public apology to all concerned;
e) undertake to respect the right of the Malaysian public for unimpeded and free access to lawyers at all times.

A MEMORANDUM OF PROTEST MAKING THESE DEMANDS WILL BE DELIVERED AS FOLLOWS:
VENUE: BUKIT AMAN ( LAKE GARDEN ENTRANCE)
TIME : 12.00 PM
DATE : 31.3.10 ( Wednesday)
ALL LAWYERS AND CONCERNED CITIZENS ARE WELCOME TO ATTEND!

Friday, March 26, 2010

BE RESPONSIBLE WITH YOUR RIGHTS

By Adrian Lee Chew, 23 March 2010.





Yep. Spiderman. How that one popped into my head at that moment God only knows. But I started talking about what Uncle Ben said to Peter Parker... and halfway through realised it was about superhuman powers and not rights (doh!) but too late, can't stop mid-sentence... so I improvised and said that Uncle Ben said "With great power comes great responsibility"... and told the students it's the same with rights. With more freedom and more rights, come greater responsibility.

So I stressed that having rights doesn’t mean you have total freedom to do whatever you like. We have to be responsible and think of others. I gave examples, using the stuff I talked about 2 weeks ago, eg Freedom of Expression..

That it doesn’t mean you can tell lies, say untrue things about your friend just because you don’t like your friend. You can
express your opinion but doesn’t give you the right to say anything and everything you want. I said it is hurtful and unfair to the person who is subjected to this. I said in the world outside school, people can be brought to court to answer for these untruths. It's called slander. Defamation. Fitnah. So they have to be responsible with their rights.

Having the right to move around doesn’t give you a right to stand up in the middle of class when your teacher is teaching, walking out of the classroom and creating havoc in the next class. That's not what freedom of movement is about, what you are doing is disrupting other people's right to education, to come to school and to learn. You are disrupting your teacher's lessons. You are denying them the chance to be educated in a peaceful environment.

So rules are there for a reason.

And I pointed to all my team members. We were all dressed in court attire and I said look at me and my team. We're all wearing black and white. We have to do this otherwise we cannot go to court. It's the rule. We follow it. I asked them can you imagine what the courtroom will look like if we all go in dressed in whatever style we want. Slippers, sarongs, hats, singlets... how would the place look? It would be disrespectful to the institution of justice. Same thing with school. You come to school wearing a uniform to show that there is discipline. That we all belong to this place and we all respect each other's rights to come here and to be educated.

Even with the Right to Education. It doesn’t mean you are automatically entitled to a university degree just because you have the right to education, There are still rules. You have to study hard, get good results, then qualify for a place in a university, then study somemore, then take exams, then get your degree. These are rules and there are there for a reason.


So whether in school or outside - we have rules. In schools, it is school rules. Outside those gates, we have laws. We all have our freedoms but we must exercise those freedoms in ways that do not deprive others of their rights, or disrupt other people's lives.

You cannot say I have this right and I can do whatever I want. I have this right therefore I don’t care if I hurt you. I have this right so I can disrespect you. Rights come with responsibilities.

Rules remind us to be responsible.

Monday, March 22, 2010

The Forbidden Fruit Is Enticing

The dating scene

By TAN EE LOO,

Sunday March 21, 2010

Most students get their first taste of freedom at college, but a lack of maturity can have negative consequences. Couples and counsellors share their views about relationship trends among young adults.

IT started off with a peck on the cheek. Then came the kissing and hugging.

And before they knew it, their tops were off. But half way through the process, Mark* decided to pull away.

“I did not want to go all the way because I was worried that my girlfriend might get pregnant,” says Mark while recalling his first intimate contact with his girlfriend Julie*.

According to Mark, 21, Julie is his 10th girlfriend.

Before he asked Julie out, he was actually seeing a girl he met at another college. But things didn’t work out for the young couple, so Mark decided to break up with the girl and started going out with Julie.

“I don’t take pride in the number of relationships I’ve had. In fact, I feel bad when I think about it because people see me as a playboy,” he says.

College is where most young adults get their first taste of freedom, be it through dating, drinking or driving.

After all, who can blame them for wanting to explore new and exciting boundaries after 11 years of schooling in a simple and protective environment?

Depending on how an individual defines ‘puppy love’ and ‘relationship’, some college students claim that they have been in and out of relationships since high school, with or without their parents’ knowledge.

Just ask 20-year-old Alice*, who claims that she has been in more than 10 relationships.

On their anniversary, Alice’s current boyfriend of two years booked a hotel suite at a five-star hotel in Kuala Lumpur to celebrate the occasion, complete with a romantic dinner and gifts.

So... did Alice come home that night after dinner?

“I told my parents that I was going to a friend’s place for a sleep over,” says the college student from Petaling Jaya.

Let’s face it: the forbidden fruit is enticing. Young adults are constantly exposed to sexual imagery.

On television, American drama series like Gossip Girl and 90210 portray steamy relationships and carefree lifestyles of students as the norm. Unsurprisingly, this is a major concern to some parents.

According to the Parents Television Council, a non-partisan education group, Gossip Girl conveys a message that sex is “a tool used to manipulate people”.

There are also plenty of kissing scenes and skimpy clothing which some parents may find it too offensive for their teenaged children’s viewing.

Casual attitude

Some young college couples embark on a relationship with little or no expectation of long-term commitment.

A check by StarEducation with college students, aged between 18 and 23, reveals that their relationships can last as short as two months, and no longer than two years.

LEE: Parents could help their children set priorities and find out if they can really cope with their studies should they choose to be in a relationship

“Their casual attitude is worrying, as many of them do not understand the consequences. They think it’s normal to get in and out of relationships,” says college student services officer Carrie*.

“It is a form of approval and the need to feel wanted. College students are curious about their newfound freedom that often involves new and wider circle of friends,” says a college counsellor of a private institution in Petaling Jaya.

“But they have not understood the meaning and importance of commitment so they tend to follow their heart. They would probably go ‘Oh, I’m feeling good about this. Let’s go out’ in a very casual way to their object of affection. If the girl says yes, then you would feel you are accepted,” she says.

College student Derek*, 20, says hugging and kissing are common and seen as ‘acceptable’ in the college dating scene.

“Couples who claim that they don’t kiss and hug are lying,” says Derek.

Some would engage in pre-marital sex without thinking twice, while others would practise abstinence.

Alice says her boyfriend refused to have sex with her because of his religious beliefs.

“His religion does not encourage him to have pre-marital sex so even though we have spent the night before, we didn’t do it.

“But I wouldn’t want to have sex with him either because I am worried that I might get pregnant,” she says.

Many of the college students cite “unwanted pregnancy” as their primary concern during the interview, when young couples planning to go into a sexual relationship.

It is also found that the college students are not worried about sexually transmitted infections (STI).

Derek says his girlfriend of five months, who is a devout Christian, is completely against the idea of pre-marital sex.

“There have been a couple of times where we both got really turned on but she doesn’t want to do it ... which I respect her for.

“Even if she had said yes, I am not sure if I would have wanted to do it because I have a lot of things that I want to achieve such as setting up my own business after completing my degree.

“Protection is not 100% so an unplanned pregnancy is the last thing I want right now,” he says.

The ‘Cool’ identity

While some college students think it would make them appear ‘cool’ among their peers to have a new boyfriend or girlfriend every month, little do they know that it could actually backfire.

“It could have an opposite effect which may affect their image and reputation, besides causing emotional damage to those they broke up with,” says Sunway University College student services director Lee Siok Ping.

A counsellor says that students’ casual attitude when it comes to dating is worrying, as many of them do not understand the consequences.

Carrie agrees, saying that many get distracted and lose focus on the important things in life.

“They seem to think that the only thing that really matters is the relationship they are in. Some failed their exams, delayed their course of study and even had to resit for exams.

“This is simply because they do not know how to prioritise,” she says.

She adds that some students would engage in pre-marital sex and even abusive relationships, which can trigger destructive behaviours and consequences such as dropouts, abortion, cohabiting, teenage pregnancy and so on.

“They need to understand that there are emotional scars and physical damages. Broken relationships are not easy to mend. Young people may not be able to cope with it effectively.

“Some just stay away and completely stop acknowledging each other. On the other hand, we see extreme cases where they hurt themselves or try to commit suicide because of a failed relationship,” she says.

Student counselling services is a good place to seek objective advice should college students need guidance on relationship issues.

At Sunway, Lee says her counselling unit has received positive response from students.

“Based on last year’s statistics, 21% of students who come to our department to seek counselling services were boy-girl relationship and family issues related.

“Some students choose to walk in while some cases (students) are referred by their lecturers,” she says.

“We believe in a wholesome education experience and want to help them complete their studies succesfully. So when students experience problems, we encourage them to come and talk to our counsellors,” she says.

Carrie agrees, saying that students need to have an appropriate channel to share their problems.

“The college is also responsible for educating the teenagers on respectfulness and abstinence. It’s vital for the college to take on this role and not leave it entirely to the parents.

“However, it can be a tricky situation and difficult for the college to interfere, especially when it’s considered a personal problem.

“Unless they come to us, it can be difficult for us to lend our support,” she says.

What can parents do?

As a parent herself, Lee can understand the dilemma that every parent goes through when it comes to educating their children about relationships and sex.

For Lee, she would buy reading materials related to the topic for her teenaged children to read, and follow up with a discussion.

“Parents can play an effective role in helping their children understand the responsibilities that come with being in a relationship.

“They could help them set priorities by talking to their children and find out if they can really cope with their studies should they choose to be in a relationship,” she says.

She adds that she also sends them for talks or camps on understanding the opposite sex.

Carrie says parents can take on the role of a friend.

“They can offer their opinions and share their own experience without coming across as too harsh or controlling, and you will find children more likely to open up to their parents.

“However, you may find that many Asian parents tend to be very uptight and domineering so much so that their teenage children find it difficult to approach them, and insecure to discuss any matters, let alone relationship problems.

“Many parents feel uncomfortable to talk about relationships and may just leave it to the children to ‘discover’ for themselves, which may yield negative results,” she says.

*Names have been changed.

Saturday, March 20, 2010

Realised the Importance to Consult the Malaysian Bar or Unable to Get Majority Votes?

ISA Bill delayed as other laws need reforms too

The MalaysianInsider, 20 March 2010 (Updated).





KUALA LUMPUR, March 19 — The Najib Administration will not table proposed amendments to the Internal Security Act (ISA) in the current parliament sitting as it needs to reform other security laws too.

Home Minister Datuk Seri Hishammuddin Hussein said the Cabinet decided the amendments has to be tabled with reforms in other preventive laws.

“The Cabinet today decided that the ISA amendments must be tabled with other preventive laws based on security and public order issues,” Hishammuddin said in a statement released tonight.

Critics have demanded the abolition of the security law that allows detention without trial, saying it has been used for political purposes.

The government has denied the claims but said it will amend the law.

“In the people’s interests, the Home Ministry and the Attorney-General’s Chambers will review the matter for public interest and the Bar Council has agreed to cooperate in the review,” Hishammuddin said.

He said the weekly Cabinet meeting today agreed several amendments covering detention period, detainee’s rights and treatment, Minister’s power, public perception that the law is used for political purposes and detention without trial.

Among those at the Cabinet meeting were AG Tan Sri Gani Patail and Home Ministry secretary-general Datuk Seri Mahmood Adam

Hishammuddin said the other laws to be reviewed include the Prevention of Crime Act 1959 (effectiveness of crime prevention laws), Section 27 of the Police Act 1960 (public assembly without a permit), Banishment Act 1959 (Revised 1972) (relevancy of the law), Restricted Residency Act 1933 (effectiveness of law and directives), Dangerous Drugs Act (Special Preventive Rules) 1985 and the Emergency Ordinance (Public Order and Crime Prevention) 1969.

This is the second Bill withdrawn from the current parliament with the first being the Goods and Services Tax (GST) Bill which has drawn outcry from the opposition.

The government has also ditched a new two-tiered petrol price subsidy scheme that was due to be implemented in May as it was too complex and unpopular.

Sunday, March 14, 2010

Where is your God?

Psalm 42

As the deer pants for streams of water,
so my soul pants for You, O God.
My soul thirsts for God, for the living God.
When can I go and meet with God?


My tears have been my food day and night,
while men say to me all day long,
"Where is your God?"

These things I remember as I pour out my soul:
how I used to go with the multitude,
leading the procession to the house of God,
with shouts of joy and thanksgiving among the festive throng.

Why are you downcast, O my soul?
Why so disturbed within me?
Put your hope in God,
for I will yet praise Him,
my Saviour and my God.

My soul is downcast within me;
therefore I will remember You from the land of Jordan,
from the heights of Hermon--from Mount Mizar.
Deep calls to deep in the roar of Your waterfalls;
all Your waves and breakers have swept over me.
By day the LORD directs His love,
at night His song is with me-- a prayer to the God of my life.

I say to God my Rock, "Why have You forgotten me?
Why must I go about mourning, oppressed by the enemy?"
My bones suffer mortal agony as my foes taunt me,
saying to me all day long, "Where is your God?"

Why are you so downcast, O my soul?
Why so disturbed within me?
Put your hope in God,
for I will yet praise Him,
my Saviour and my God.

Wednesday, March 10, 2010

When ‘Allah’ was not the only word banned



By Debra Chong




KUALA LUMPUR, March 10 — Allah is not the only word banned by the Home Ministry from use by non-Muslims.

The Malaysian Insider recently obtained a copy of two letters sent out in 1986 by the ministry through its publishing division and addressed to the Council of Churches Malaysia (CCM).

It lays down a laundry list of words the federal government claimed — and still claims — are sensitive to Muslims who make up the biggest group in multi-religious Malaysia.

The first letter was dated April 1, 1986 and was undersigned by one Tengku Ali Tengku Chik on behalf of the secretary-general of the home ministry, better known by its initials in Bahasa Malaysia, KDN (Kementerian Dalam Negeri).

Tengku Ali wrote: “I am instructed to inform that this Ministry is concerned with the use of Islamic phrases in the translated Bible (Bahasa Malaysia) in which use of those words could confuse followers of the two religions. For example, ‘Tuhan’ is translated as ‘Allah’ in which the term has been used in the religion of Islam and have always been mentioned in the religion of Christianity as ‘God’ or ‘Tuhan’ only.

“Therefore, the Ministry requests your cooperation to refrain from using those words considered sensitive. As a guide, a copy of Appendix A is attached with suggested phrases for your use when translating into Bahasa Malaysia. Other terms, if any, will be told later,” he added.

“For your information, recently the Ministry had similarly chided a publication in Sabah, that is ‘Catholic Sabah’ to stop from using those confusing words when making translations,” he highlighted.

The appendix listed 16 words that were considered “sensitive to Muslims” and came out with their replacement without apparently consulting the CCM beforehand. They are:

  • “Al-Kitab” to be replaced with “Baibel (Bible)”.
  • “Allah” to be replaced with “Tuhan (God)”.
  • “Firman” to be replaced with “Berkata (Say)”.
  • “Rasul” to be replaced with “Utusan (Massanger – sic)”.
  • “Syariat” to be replaced with “Ajaran”.
  • “Iman” to be replaced with “Percaya (believe)”.
  • “Kaabah” with no suggested replacement.
  • “Ibadah” to be replaced with “Amalan (worship)”.
  • “Injil” to be replaced with “Baibel/ Bible”
  • “Wahyu” to be replaced with “Revelasi”.
  • “Nabi” to be replaced with “Propet”.
  • “Syukur” to be replaced with “Terima kasih”.
  • “Zikir” to be replaced with “Mengingatkan/ Menyebut”.
  • “Solat” to be replaced with “Sembahyang”.
  • “Doa” to be replaced with “Memohon”.

The ministry’s instructions do not stop there. In a separate column, it also notes the whys behind the ban.

“Maksud Al-Kitab ialah Al-Quran. Oleh itu istilah nama ini tidak boleh digunakan (The meaning of Al-Kitab is Al-Quran. Therefore the term cannot be used.)

“Firman ialah kata-kata mulia khusus bagi Allah sahaja (Firman is a specific noble word for Allah only).

“Rasul ialah nama panggilan kepada Utusan Allah yang disebut dalan Quran. Nama Jesus Kristas tidak disebut di dalam Al-Quran (Rasul is a name for Allah’s Messenger as mentioned in the Quran. The name Jesus Christ is not mentioned in the Quran).

“Syariat dikhaskan kepada Ugama Allah sahaja (Syariat is specially for the religion of Allah only).

“Injil yang sah sudah tidak ada masa ini (A legitimate Injil no longer exists).

The ministry noted there were no replacement words for “wahyu” and stated that only the word “revelasi” could be used.

The curt tone adopted in the letter appeared to suggest a superiority complex towards the practitioners of religions other than Islam, in particular, Christians who are considered by Muslims elsewhere in the world as fellow Children of the Book with a shared history.

The home ministry letter also claimed that the “Injil” no longer exists because the Muslim understanding of it is limited to the Old Testament; for Christians, the focus of their religion is in the teachings of Jesus Christ which forms the New Testament

The apparent arrogance was summed up in the afterword to the appendix, which ironically is sub-headlined “Panduan Umum” or general guide.

“Bible ditulis dalam Bahasa Inggeris (dan Bahasa Latin Romawi). Bahasa rasmi Agama Kristian ialah Bahasa Inggeris (dan Bahasa Latin Romawi). Jadi ‘Bible’ hendaklah ditulis dan disebarkan dalam Bahasa Inggeris (atau Latin). Jangan gunakan sedikitpun Bahasa Arab dalam Bible kerana Bahasa Arab adalah bahasa rasmi Agama Islam. Menggunakan Bahasa Arab

dalam ‘Bible’ boleh mengelirukan dan mempengaruhi orang Islam kepada Agama Kristian. [Bible is written in the English language (and in Roman Latin). The official language for the Christian religion is English (or Roman Latin). So ‘Bible’ must be written and disseminated in English (or Latin). Do not use even a little bit of Arabic in the Bible because Arabic is the official language of the religion of Islam. Using Arabic in the Bible can confuse and influence Muslims to Christian religion.]”

In that brief paragraph, the home ministry also explained the real reason why words of an Arabic origin are “exclusive” to Islam.

It also appeared to have seen fit to decide, on behalf of both Muslims and Christians, how they should each practice their respective religions although the Federal Constitution states the Malay monarchs hold sway over Islamic practices in their own states.

The Federal Constitution also states Malaysians who are not Muslim are free to practise their own faith, which most would sensibly understand that their religions are not subject to Islamic interpretations.

Eight months later, the ministry sent out another letter, this time addressed to Christian publications.

This time, it was undersigned by one Hassan Jantan on behalf of the ministry’s secretary-general. A copy of the letter was also forwarded to the police Special Branch director at Bukit Aman.

Dated December 5, 1986, the letter refers to a “confusion” that has happened within the community over the use of “Islamic words” used in the Bahasa Malaysia edition of Christian publications.

The letter then states the federal government had decided to allow Christian publications to use 12 words — from the original list of 18 banned words — on the condition that the books or pamphlets to be distributed or sold carry the word “For Christians” on the front cover.

The 12 Arabic-origin words allowed for use are: “Al-Kitab, Firman, Rasul, Syariat, Iman, Ibadah, Injil, Wahyu, Nabi, Syukur, Zikir, Doa”.

The ministry remained unconverted on four other words: “Kaabah”, “Batitullah”, “Solat” and “Allah”.

This time, the ministry did not give a point-by-point explanation on why certain words could now be used.

Instead, the letter said the federal government had relaxed its stand “only to preserve public peace and avoid misunderstanding between Muslims and Christians”.

At the same time, it reminded the Christian publications that the state Islamic councils had the power to decide on all Islamic affairs in their respective states, which is redundant because that fact is already laid down in the Federal Constitution and the Christian publications had no tried to impose their views or rules of their beliefs on anyone who was not a Christian, let alone a Muslim.

The ongoing dispute pitting Muslims and Christians has been raging these past 20 years behind closed doors without the public being any wiser until the churches, seeing no other avenue to have their case heard by a neutral panel was forced to take it up with the court.

It has been reported that the National Fatwa Council, which oversees the practice of Islam throughout the country but has no authority over the practice of other religions, had suddenly in 1982 declared certain words, including “Allah” as exclusive to the religion of Islam.

But “Allah” is the only word the Christian churches are seeking to use. They have not laid any claims on “Baitullah”, “solat”, or “Kaabah”, church officials say.

They argued that then Prime Minister Tun Dr Mahathir Mohamad’s Cabinet issued an order which has effectively curtailed the freedom of non-Muslims in the practice of their religions.

Tuesday, March 9, 2010

"Conversations on the Constitution: Oil Royalty -- a State or Federal Right?"


Date: 20 March 2010.
Time: 10am - 1pm.
Venue: Bar Council Auditorium, Level 1, Bar Council. 15 Leboh Pasar Besar, KL. (Behind Central Market. LRT stations: Pasar Seni or Masjid Jamek.)
Speakers:
  • Tan Sri Tengku Razaleigh Hamzah
  • Prof Datuk Dr Shad Saleem Faruqi
  • Dato' Cecil Abraham
  • Tommy Thomas

Friday, March 5, 2010

Conversations on the Constitution


Conversations on the Constitution - Federal–State Relations: Should states be given more power?

Organised by the Malaysian Bar Council's Constitutional Law Committee

and supported by the High Commission of Canada

Date: Thursday, 11 March 2010

Time: 2.00 p.m. - 5.00 p.m.

Venue: The Annexe Gallery, Central Market Annexe , Kuala Lumpur

Forum speakers :

  • Tengku Razaleigh Hamzah, Member of Parliament
  • Haji Sulaiman Abdullah, Advocate & Solicitor, and
  • Malik Imtiaz Sarwar, Advocate & Solicitor

Programme:

1400h: Arrival & registration of guests

1430h: Welcome speech by Ragunath Kesavan, President of the Malaysian Bar

1440h: Remarks by James Stone, Political Counsellor of the High Commission of Canada

1450h: Audio-visual presentation on the MyConstitution Campaign

1500h: Forum

1600h: Question & Answer

1630h: Tea

1700h: Ends