Pinda OSA kerja bodoh, tak masuk akal – TI-M

Sumber: FMT News

Pindaan mengetatkan OSA jejaskan negara meliputi pelbagai aspek termasuk skor dan kedudukan dalam indeks persepsi rasuah antarabangsa.

OSA-222x300KUALA LUMPUR: Transparency International-Malaysia (TI-M) membidas cadangan Peguam Negara, Tan Sri Mohamad Apandi Ali untuk meminda Akta Rahsia Rasmi (OSA) 1972.

Presidennya, Datuk Akhbar Sattar, berkata cadangan itu boleh disifatkan sebagai kerja bodoh, tidak masuk akal dan hanya mengundang kerosakan kepada kerajaan dan negara.

“Ini kerja bodoh dan langkah ke belakang jika mahu meminda OSA dengan mengenakan hukuman lebih berat ke atas orang yang didakwa membocorkan ‘rahsia’ dan wartawan yang melaporkannya.

“Dunia menuju ke arah pembentukan masyarakat sivil yang lebih telus dan berintegriti, namun Peguam Negara mahu menjadi sebaliknya,” katanya dalam wawancara eksklusif bersama FMT, di sini, hari ini. Read more

Drop in sedition charge ‘too little, too political’, says Zunar

Source: FMT News

Cartoonist Zunar, charged with sedition at the Kuala Lumpur Sessions Court last April. There is a trend of judges at lower courts setting high amounts of bail on the accused, but lawyers say it is akin to punishment before the trial concludes. – The Malaysian Insider file pic, November 19, 2015.

Cartoonist Zunar, charged with sedition at the Kuala Lumpur Sessions Court last April. – The Malaysian Insider file pic, November 19, 2015.

PETALING JAYA: The decision by Attorney-General (AG) Apandi Ali to drop the sedition charge against University Malaya (UM) law lecturer Dr Azmi Sharom is “too little and too political”.

Political cartoonist Zulkiflee Anwar Ul-Haque, better known as Zunar, said that if Apandi was really serious in his intention to uphold the principle of law and justice, he should, among others, drop charges of the much criticised Sedition Act 1948 on all others as well.

“Don’t do small things. If he (Apandi) wants to prove his commitment towards justice, he should also correct the AG Chambers’ mistake in prosecuting (former Opposition leader) Anwar Ibrahim, and charge Prime Minister Najib Razak over the RM2.6 billion donation.

“A new shirt doesn’t change an individual’s personality,” he told FMT today.

Zunar himself is facing nine charges under the Sedition Act. Read more

Govt plans to amend acts on child custody in case of a change in religion

Source: The Malay Mail Online

SANDAKAN, Feb 12 — The government plans to amend three acts concerning child custody and property rights in case there is a change in religion by the husband or wife.

Minister in the Prime Minister’s Department Nancy Shukri said the acts concerned were the Act 164 Law Reform (Marriage and Divorce) Act 1976, Act 505 Administration of Islamic Law (Federal Territories) 1993, and the Act 303 Islamic Family Law (Federal Territories) 1984.

“Amendments to the acts were being scrutinised and considered for inclusion.

“The basic principles for consideration include the welfare and interests of the children,” she said when opening the Seminar on Women’s and Children’s Rights and Issues organised by the Sabah Women’s Advisory Council, here today. Read more

After Azmi Sharom, civil society group wants A-G to drop all sedition charges

Source: The Malaysian Insider

Gerakan Hapus Akta Hasutan says the Sedition Act goes against the freedom of expression as enshrined in the Article 10 of the Federal Constitution. – The Malaysian Insider file pic, February 12, 2016.

Gerakan Hapus Akta Hasutan says the Sedition Act goes against the freedom of expression as enshrined in the Article 10 of the Federal Constitution. – The Malaysian Insider file pic, February 12, 2016.

Following the attorney-general’s decision to withdraw the sedition charge against Universiti Malaya law lecturer, Associate Professor Azmi Sharom, Gerakan Hapus Akta Hasutan (GHAH) has called for all sedition charges to be reviewed and dropped.

Its coordinator, Amir Abd Hadi, said it was unfair if other sedition charges were to be continued as they were done unjustly and went against the freedom of expression as enshrined in the Article 10 of the Federal Constitution.

“The attorney-general should not use the withdrawal of this sedition charge as publicity to cover his controversy with MACC (Malaysian Anti-Corruption Commission) in relation to the prime minister’s donation case.

“He has to show to the public that he is really sincere in his efforts to reform the legal system in Malaysia,” Amir said in a statement today.  Read more

Separating siblings in custody order tears family apart, say family law experts

Source: The Malaysian Insider

Family law practitioners say separating the children in a custody dispute, like in the case of S. Deepa (centre), is not encouraged as it will tear the family apart. – The Malaysian Insider file pic, February 12, 2016.

Although the court decision to separate two siblings in a custody dispute as in the S. Deepa case is not unprecedented, lawyers, including family law practitioners, say it is not encouraged as the family will be torn apart.

The lawyers also expressed concern that the Federal Court judges decided to interview the siblings, Sharmila (Nurul Nabila) and Mithran (Nabil), before ruling on a custody dispute following the unilateral conversion of the children to Islam by their father Izwan Abdullah.

Lawyer Goh Siu Lin said the court would usually strive to keep the children together after interviewing the minors, going through reports from experts and the social welfare department.

“In deciding custody, the court will take into account the best interest of the child,” said Goh who is also president of Women Lawyers Association.

She said siblings should remain together although the parents were divorced. Read more

Muslim lawyers: Where is the justice for Muslim converts in Deepa ruling?

Source: The Malay Mail Online

S. Deepa speaks to members of the media at the Federal Court in Putrajaya. — Picture by Yusoff Mat Isa

S. Deepa speaks to members of the media at the Federal Court in Putrajaya. — Picture by Yusoff Mat Isa

KUALA LUMPUR, Feb 12 ― The Federal Court ruling this week in an interfaith child custody battle has failed to consider the access to justice for Muslim converts, Muslim Lawyers Association of Malaysia president Datuk Zainul Rijal Abu Bakar asserted today.

Zainul Rijal claimed that mainstream Muslims in Malaysia are dissatisfied with the Federal Court’s ruling in the case of Hindu mother S. Deepa and her Muslim convert ex-husband Izwan Abdullah, in which the apex court declared the civil courts as having sole jurisdiction to determine divorce and child custody rights in civil marriages.

“Often times it is said that the rights of those who did not convert to Islam have been denied, that non-Muslims have been oppressed.

“But almost no one have presented the fact that the rights ― of those who converted to Islam or Muslim converts ― in civil law to dissolve their marriages are not recognised at all. Where is the justice for these Muslim converts?” he wrote in his opinion piece in Malay-language daily Sinar Harian today. Read more

Freed from sedition charge, Azmi Sharom says ‘common sense’ won

Source: The Malay Mail Online

Law lecturer Dr Azmi Sharom was charged for sedition on September 2, 2014 for remarks made in a news report titled ‘Take Perak crisis route for speedy end to Selangor impasse, Pakatan told’. ― Picture by Siow Feng Saw

Law lecturer Dr Azmi Sharom was charged for sedition on September 2, 2014 for remarks made in a news report titled ‘Take Perak crisis route for speedy end to Selangor impasse, Pakatan told’. ― Picture by Siow Feng Saw

KUALA LUMPUR, Feb 12 ― Universiti Malaya law lecturer Dr Azmi Sharom today hailed the victory of “common sense” in Attorney-General Tan Sri Mohamed Apandi Ali’s decision to drop the sedition charges against the former.

“I’m thankful that common sense has finally prevailed,” Azmi told Malay Mail Online, after Apandi used his discretionary powers to withdraw the charge against Azmi under Section 4(1) of the Sedition Act this morning.

“I am grateful to my family, my lawyers, my friends and to so many people who have been so supportive,” Azmi added.

Azmi was charged on September 2, 2014, under Section 4(1)(b) and alternatively under Section 4(1)(c) of the Sedition Act for remarks made in an August 14 news report titled “Take Perak crisis route for speedy end to Selangor impasse, Pakatan told”.

The trial in the Sessions Court only began late last year after the Universiti Malaya law professor sought unsuccessfully  to challenge the constitutionality of the Sedition Act, during which his lawyers argued that the law was invalid as it was not passed by the Malaysian Parliament.

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Peguam negara gugur dakwaan hasutan Azmi Sharom

Sumber: The Malaysian Insider

Kes profesor undang-undang Azmi Sharom ditangguhkan ke tahun depan kerana peguamnya Gobind Singh Deo, mempunyai urusan di mahkamah lain di Putrajaya hari ini. – Gambar fail The Malaysian Insider, 17 Disember, 2015.

Pengguguran pendakwaan terhadap pensyarah undang-undang Universiti Malaya Prof Madya Dr Azmi Sharom dibuat Peguam Negara Tan Sri Mohamed Apandi Ali selepas mengkaji keterangan daripada semua saksi. – Gambar fail The Malaysian Insider, 12 Februari, 2016.

Pendakwaan ke atas pensyarah undang-undang Universiti Malaya Prof Madya Dr Azmi Sharom mengikut Akta Hasutan 1948 digugurkan, menurut Jabatan Peguam Negara hari ini.

Peguam Negara Tan Sri Mohamed Apandi Ali berkata keputusan itu dibuat selepas mengkaji keterangan daripada semua saksi pendakwaan di mahkamah.

“Demi menegakkan keadilan, dan setelah mengkaji keterangan daripada semua saksi pendakwaan yang memberi keterangan di Mahkamah, saya, peguam negara Malaysia selaku pendakwa raya di bawah Perkara 145(3) Perlembagaan Persekutuan, dalam menggunakan budi bicara saya, memutuskan untuk memberhentikan pendakwaan ke atas Prof Madya Dr Azmi Sharom untuk pertuduhan di bawah Seksyen 4(1) Akta Hasutan 1948,” katanya dalam satu kenyataan hari ini. – 12 Februari, 2016.

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