Objective of new Bill unclear – Azmi Sharom

Source: The Star Online

BY AZMI SHAROM

Azmi Sharom - file picTHE National Security Council Bill, which was debated and passed with unseemly haste last week, has been facing a lot of flak. Those who are concerned with human rights think this new law is about as welcome as flatulence in a crowded elevator.

I have not said anything about the law up till now because I wanted to have a look at it myself first, to see what all the fuss is about. After all, heaven forbid I be accused of jumping on the bandwagon. A friend very kindly found a copy and sent it to me and I have spent the last few hours perusing it.

My opinion? Open the elevator doors and let me out of here! Read more

Former judge: High Court’s landmark ruling in Herald’s ‘Allah’ case correct

Source: The Malay Mail Online

Datuk Mohd Hishamudin Mohd Yunus speaks at a public law lecture ‘The Role of the Judiciary in Upholding Fundamental Liberties’ at Universiti Malaya, Kuala Lumpur, December 9, 2015. — Pictures by Yusof Mat Isa

Datuk Mohd Hishamudin Mohd Yunus speaks at a public law lecture ‘The Role of the Judiciary in Upholding Fundamental Liberties’ at Universiti Malaya, Kuala Lumpur, December 9, 2015. — Pictures by Yusof Mat Isa

KUALA LUMPUR, Dec 9 — The High Court’s landmark ruling in favour of the Catholic Church’s newsletter Herald’s right to print the word “Allah” was a correct decision, former judge Datuk Mohd Hishamudin Mohd Yunus said today.

Mohd Hishamudin pointed out that the court case involved the right to freedom of religion, but said that it had ended in an unfortunate manner with much-criticised rulings by two other courts.

“Another unfortunate case, which I think the High Court judge was correct, the right of Christians to use ‘Allah’ is freedom of religion,” said Mohd Hishamudin, who retired in September as a Court of Appeal judge when he turned 66. Read more

Don’t erode court’s power to review government actions, retired judge pleads with Putrajaya

Source: The Malay Mail Online

Datuk Mohd Hishamudin Mohd Yunus speaks at a public law lecture ‘The Role of the Judiciary in Upholding Fundamental Liberties’ at Universiti Malaya, Kuala Lumpur, December 9, 2015. — Pictures by Yusof Mat Isa

Datuk Mohd Hishamudin Mohd Yunus speaks at a public law lecture ‘The Role of the Judiciary in Upholding Fundamental Liberties’ at Universiti Malaya, Kuala Lumpur, December 9, 2015. — Pictures by Yusof Mat Isa

KUALA LUMPUR, Dec 9 — Retired judge Datuk Mohd Hishamudin Mohd Yunus urged the federal government today not to strip the judiciary of its powers to review the executive’s decisions, amid mounting criticism against the recently passed National Security Council (NSC) Bill that will concentrate even more authority in the hands of the prime minister once it becomes law.

The 66-year-old who retired from the Court of Appeals this year said the judiciary’s role was important to ensure there were safeguards against power abuses.

“Such provisions shouldn’t be there, so when you take out the courts’ jurisdiction, so where are the safeguards against abuses?” he told reporters after delivering a public lecture on the role of the judiciary in modern-day Malaysia at Universiti Malaya here.

Mohd Hishamudin also called on Malaysians who see the NSC Bill as a violation of their constitutional rights to take it to court, even though the proposed law bars legal challenges.

“I can’t speculate what will happen but the only avenue is for any parties aggrieved to challenge in court. Although you say you can’t challenge, but have to give it a try,” he said. Read more

NSC will radically change legal landscape – Hasmy Agam

Source: The Malaysian Insider

SUHAKAM Chairman Tan Sri Hasmy Agam (right) - pic by NSTP/Rosela Ismail

SUHAKAM Chairman Tan Sri Hasmy Agam (right) – pic by NSTP/Rosela Ismail

The Human Rights Commission of Malaysia (Suhakam) is extremely concerned about the hasty and unexpected tabling and passing of the National Security Council Bill 2015 (NSC Bill) by the Dewan Rakyat at 10.55pm on December 3, 2015.

Suhakam regrets that such an important piece of legislation that will have serious effects on and inroads into the fundamental and civil liberties of citizens and the very core of the Federal Constitution itself, was not subject to any form of public scrutiny or consultation before it was tabled in Parliament.

Even more regrettable, the effects of the Bill were not properly considered by a Parliamentary Joint and/or Select Committee in a non-partisan manner, or Suhakam, before being passed.

Suhakam is also extremely concerned that many provisions of the NSC Bill are couched in fairly general terms with hardly any clear definitions or safeguards to guide the declaration of a security area or the implementation of the Bill, when enforced. Read more

Voter charged with possessing ballot paper in GE13 freed

Source: The Malaysian Insider

The Election Commission introduced the indelible ink for the first time in 2013 but the ink faded easily in an experiment conducted by a voter. – The Malaysian Insider file pic, December 9, 2015.

A voter, charged with possessing a ballot paper during the 13th general election in Kuantan was acquitted today.

Magistrate Noor Zaihan Mohamad Ali, in setting free invigilator Mohd Fadhli Khaharruddin, said the defence has created a doubt in the prosecution’s case. Read more

Pengerusi Suhakam dedahkan simpanan RM4.5 juta tak cukup tampung operasi

Sumber: The Malaysian Insider

Pengerusi Suhakam, Tan Sri Hasmy Agam berkata, walaupun wang deposit tetap dan peruntukan daripada Bajet 2016 digabungkan, ia hanya mampu bertahan sehingga suku tahun ke-3 tahun depan. – Gambar fail The Malaysian Insider, 9 Disember, 2015.

Walaupun seorang menteri menyarankan Suruhanjaya Hak Asasi Manusia (Suhakam) menggunakan deposit tetapnya berjumlah RM4.5 juta bagi menghadapi pemotongan bajet hampir 50%, ia masih tidak mencukupi untuk menampung keseluruhan operasinya sehingga tahun depan, kata pengerusinya.

Tan Sri Hasmy Agam berkata, walaupun digabungkan wang daripada deposit tetap dan peruntukan yang diberikan kerajaan untuk tahun depan, ia hanya boleh bertahan sehingga suku tahun ke-3 2016.

“Kami perlu mengeluarkan wang daripada geran, campur dengan apa yang kerajaan akan beri.

“Mengikut perkiraan kami, menjelang pertengahan tahun depan atau paling lama sehingga suku ke-3 tahun depan, kami akan kehabisan dana.

“Kemudian, mungkin pada masa itu, kami terpaksa mengemis, mengadakan protes jalanan, berarak ke Parlimen atau ‘tutup kedai’. Memalukan!” katanya kepada The Malaysian Insider menjawab saranan Menteri di Jabatan Perdana Menteri Datuk Paul Low. Read more