kim_quek

kim_quek

126p

129 comments posted · 1 followers · following 0

6 years ago @ Malay Mail - Preview Screen · 0 replies · +3 points

With such clarity set out in this superb Federal Court judgment (on the Indira case) that debunks the notion that Syariah courts are on par with civil courts, civil court judges in future will have no further excuse to surrender their jurisdiction to the Syariah courts whenever a case involves the slightest element of Islam.
Such confused understanding of law arose due to the 1988 amendment of Article 121 of Federal Constitution, whereby Parliament not only introduced Syariah jurisdiction in ambiguous language (through the addition of Article 121 (1A)) but also attempted to subject the jurisdiction and power of the judiciary to the dictate of Parliament.
But In one magnificent stroke, the Federal Court has through the current judgment defeated such unconstitutional parliamentary attempt to subjugate the judiciary’s power, and at the same time dispelled the misconception of Syariah court’s non-existent judicial power.
Congrats again to this panel of five judges of the Federal Court.

6 years ago @ Malay Mail - Malay Rulers back cond... · 0 replies · +7 points

In this heartening statement, the Rulers have firmly put their foot down against the recent dangerous slide towards extremism in race and religion. The Rulers warned the extremists not to smear the good name of Islam and not to create racial disunity. They re-asserted the importance of tolerance, moderation, inclusiveness and mutual respect as guiding principles in preserving the harmony of this multi-religious and multi-racial society.
Umno and PAS should take heed from this rare royal intervention to back off from their reckless use of race and religion to satiate their greed for political power.

6 years ago @ Malay Mail - Sabah Pakatan proposes... · 0 replies · +1 points

A heartening proposal by Pakatan Harapan to finally accord autonomy for Sabah as avowed in the Malaysia Agreement executed in 1963. Of particular importance is the pledge to resolve the long standing massive illegal immigrants issue and to cleanse the electoral roll of “phantom voters” so that sovereignty could be returned to the Sabahans.
These pledges could only be fulfilled if Harapan takes over the federal government through the coming election, for which the electorate in both Sabah and Sarawak play a pivotal role.
It is hoped that the local parties in Sabah will work hand in hand with Harapan to come up with an effective strategy to ensure electoral success at both the state and the federal levels.

6 years ago @ Malay Mail - PM not public officer,... · 0 replies · +2 points

Kudos to lawyer Haniff Abdullah for promptly lodging an appeal on the same day without second thoughts. Unless this absurd ruling by the Court of Appeal is rectified at the Federal Court, Malaysia’s judiciary will be reduced to the laughing stock of the world.

6 years ago @ Malay Mail - PM not public officer,... · 0 replies · +3 points

Kudos to lawyer Haniff Abdullah for promptly lodging an appeal on the same day without second thoughts. Unless this absurd ruling by the Court of Appeal is rectified at the Federal Court, Malaysia’s judiciary will be reduced to the laughing stock of the world.
Does the court realise that by upholding the High Court’s narrow and misplaced interpretation of the words “public official” and “public office”, which is legally inapplicable anyway in this case of “tort of misfeasance”, not only the PM but also other ministers and political appointees performing public functions and dispensing public funds would be exempted from legal accountability for their wrongful acts that have wrought damages to the public.
In this case, Malaysia has already earned global contempt for failing to
bring criminal charges to a PM who has not satisfactorily accounted for billions in his accounts. Now, if even the courts have exempted him from having to answer civil suits, what does that make our PM to be – an emperor of ancient times?

6 years ago @ Malay Mail - Raus says reappointmen... · 0 replies · +3 points

Against the myriad of legal arguments of unconstitutionality, Raus has not advanced one iota of legal substance to either support the constitutionality of his appointment or to rebut the critics.
All he could say in self-defence is irrelevant street-level talks such as: “this appointment is unprecedented, so it is natural to have differences of opinion”; “lawyers always disagree, so it is best to let the court decide”.
What about heavy weight constitutional issues like the abuse of Article 122(1A) of the Federal Constitution (for appointment of additional judge) to frustrate the age limitation imposed under Article 125 (1)? The dubious constitutionality of former CJ Ariffin’s advice to the Agong on future appointment of additional judges well beyond his tenure of office?
If Raus appointment is legal and constitutional, what is there to prevent the CJ, the president of appeal court and indeed all federal court judges from extending their services into their seventies and eighties in age – by just using the formula applied to the extension of services given to Raus Sharif and Dzulkefli Makinudin (President of Appeal Court) now?
Can Raus and Dzulkefli see how ridiculous are their current appointment now?
While they have the liberty to forego their honour and dignity, they have no right to drag the reputation of the entire judiciary and the country through the mud.

6 years ago @ Malay Mail - Dr M: I can’t ob... · 0 replies · +1 points

The Guardian interview also reported Mahathir’s admission of error in overstaying as PM instead of passing the baton to Anwar. This implies that Mahathir accepts Anwar’s Refomasi agenda.
Such a Mahathir-Anwar rapprochement is a watershed development that will alter our political landscape, with re-alignment of the pro-Reformasi and pro-status quo forces, shifting the balance of electoral support in favour of the former.
And this in turn will trigger shifting of balance of power within various entities, including notably PAS and Umno/BN.
Expect new and fast development in the days ahead.

6 years ago @ Malay Mail - Anwar says won’t... · 0 replies · +2 points

Anwar held no official position in PKR, and yet he was instrumental in bringing the spectacular electoral success for the entire opposition front in GE 12. Similarly, he was not officially named as the PM designate, and yet he was the single most powerful force that caused Pakatan Rakyat to bag the majority vote in GE 13.
What makes Anwar tick? It is his sound ideals, his moral fibre and integrity, his selflessness and his power of persuasion. It is through such leadership that he inspires mass following and forges unity.
Coming back to the current Pakatan Harapan power structure. What makes anyone think that it must officially name a PM designate or a supreme leader to lead the alliance as a pre-requisite to winning GE 14?
Didn’t Pakatan Rakyat win the majority vote in GE 13 without officially naming a supreme leader or a PM-designate?
Anwar is right, Pakatan Harapan must continue to work on the success formula of Pakatan Rakyat. Consensus and equality and mutual respect among the component parties. Stop talking about PM-designate or supreme leader. Sweep aside selfish and parochial interests and focus only on winning GE 14, and success will await us.

6 years ago @ Malay Mail - Citing RM9.5m claim, A... · 0 replies · +2 points

The world’s jurist bodies have long recognised and condemned the Anwar sodomy trials and conviction as a great travesty of justice. The latest discovery of a secret payment of an astronomical sum by Najib to the prosecutor, who is in truth Najib’s confidante lawyer thus making Najib the illegal de facto employer of the prosecutor, comes as a last nail to the coffin of the heinous injustice inflicted on Anwar.
It is hoped that the courts would bravely rise up on this unique occasion to right the wrong that has so badly stained the Malaysian judiciary,

6 years ago @ Malay Mail - Guan Eng: PAS more ext... · 0 replies · +1 points

At the rate PAS is accelerating towards racism and religious extremism, the party is going to be an electoral liability to Umno as the latter’s cohort. It will not only drive away BN’s last remaining non-Malay supporters but will also alienate the Malay middle ground for such extremist views that are clearly detrimental to our muti-racial and multi-religious society.