Wednesday, May 2, 2012
Impact of Bersih 3.0
Friday, April 27, 2012
Freedom of Assembly in Singapore
An assembly should be deemed peaceful if its organizers have professed peaceful intentions and the conduct of the assembly is non-violent from a number of individuals in a public place for a common expressive purpose. The term “peaceful” should be interpreted to include conduct that may annoy or give offence, and even conduct that temporarily hinders, impedes or obstructs the activities of third parties. People can gather peacefully for a cause. Just like how the Christians attend church mass and Muslims congregate for prayers on Fridays. All these are peace assemblies with a purpose to render support for the respective inclination. The right to assemble peacefully, together with freedom of expression and freedom of association, rests at the core of any functioning democratic system.
Monday, November 10, 2008
Habeas Corpus is not dead

Definition: The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action."
Malaysian blogger Raja Petra Kamarudin, fondly known as RPK, was release last week after the Malaysian High court granted his habeas corpus application and ruled that the Home Ministry had acted outside of its powers.
But RPK trials are not over and his Sedition hearings continue today.
Nonetheless, the ruling was a victory for Malaysian society as a whole as it sends a strong message that the government does not hold absolute power. The ruling may also mark the beginnings of a successful movement to abolish the ISA once and for all. Such a move may have ripple effects on our shores.
Blogger Raja Petra freed
http://www.nst.com.my/Current_News/NST/Saturday/National/2396279/Article/index_html
By : Rita Jong
8 Nov
SHAH ALAM: The High Court yesterday ordered the immediate release of Raja Petra Kamarudin from his two-year detention under the Internal Security Act.
This followed the decision of judge Datuk Syed Ahmad Helmy Syed Ahmad to allow the Malaysia Today editor's habeas corpus application, which was filed on Sept 31.
Syed Ahmad held that the home minister had issued the order outside the scope of Section 8(1) of the Internal Security Act 1960.
He also allowed the application by Raja Petra's counsel, Malik Imtiaz Sarwar, to order that he (Raja Petra) be brought from the Kamunting detention centre to the Shah Alam court before 4pm for his release.
Syed Ahmad said he found there was no merit for the applicant's counsel to state that Section 8 was unconstitutional, as it fell within the ambit of Article 149 of the Federal Constitution.
(Article 149 allows action to be taken against anyone who threatens national security even if it violates his fundamental liberties.)
"But in issuing the order, the minister can only do so based on grounds provided under the ambit of the act. The minister cannot simply detain someone. He must be confined to the circumstances stated."
He said based on the grounds given by the minister for the detention, "I found that it did not fall within the scope of Section 8 (1) of the ISA."
On the grounds that the order was made in bad faith, he said that this was not a matter for review by the court as "mala fide is not procedural and non-compliant."
Raja Petra was arrested on Sept 12 as he was deemed a threat to national security and the order to detain him under the ISA was issued on Sept 22.
He was detained on the grounds that he:
- owns and operates the Malaysia Today website;
- intentionally and recklessly published his articles as well as readers' comments on Malaysia Today that were critical of and insulted Muslims, the purity of Islam and the personality of Prophet Muhammad; and,
- that he published his articles concerning national leaders that were defamatory and false with the intention of undermining confidence and inciting public hatred against the government, which could affect public order and prejudice national security.
In filing the habeas corpus application, Raja Petra named the home minister as the respondent.
Senior federal counsel Abdul Wahab Mohamad and Dusuki Mokhtar appeared on behalf of the minister. Malik Imtiaz was assisted by Azhar Azizan Harun, Ashok Kandiah, J. Chandra, Sreekant Pillai and H.K. Neoh.
After Syed Ahmad delivered his decision, Raja Petra's supporters clapped with joy, only to be ticked off by the judge who reminded them that they were in a court of law.
Raja Petra's wife, Marina Lee Abdullah, and their two daughters, Suraya and Sarah, were in tears.
Later, Marina said: "No words can describe how I am feeling right now. I am just glad everything went the way I hoped. This is fantastic."
Raja Petra arrived at the court in a white van, escorted by five warders, at 3.15pm to a hero's welcome.
When he got out of the van, the blogger, clad in a brown T-shirt and jeans and looking tired, gave the thumbs-up sign as some 100 supporters chanted "RPK! RPK!" He hugged and kissed his wife.
He was then led into the courtroom and Syed Ahmad ordered his release at 3.20pm.
After the court stood down, a supporter placed a garland on him.
"I am quite surprised that I am released.
"Not many people who challenged the ISA detention succeeded. So I didn't give it too much hope."
He added that the fight to abolish the ISA must continue.
Raja Petra had to jostle his way past some 50 photographers to get into a maroon-coloured Rolls Royce with Marina, before leaving the court compound at 3.35pm.
Friday, September 19, 2008
New Media more than blogs
Thursday September 18, 2008
New Media more than blogs
Wikimedia
By OON YEOH
The Internet has become such a key component in the political battleground that any party which ignores its importance is likely to find itself handicapped.
RIGHT after the March general election, there was a sense of urgency amongst Barisan Nasional politicians to get aboard the New Media bandwagon.
There was talk of requiring current and aspiring MPs to set up their own blogs.
But harnessing the power of New Media takes more than just setting up blogs. It requires a sound understanding of how public opinion is shaped through online means and how political news and views are disseminated in cyberspace.
“The Barisan’s attitude towards bloggers, blogging and the blogosphere has been reactionary, erratic and inconsistent,” says political analyst Ong Kian Ming, who recently did a study comparing the use of New Media by Barisan and Pakatan Rakyat.
Barisan did get off on the right footing after the election, Ong notes. Information Minister Shabery Cheek declared that the Government would engage with bloggers and he even went as far as to invite some bloggers to appear on a TV interview show.
One of the first online personalities on this programme was none other than Raja Petra Kamarudin, whose website, Malaysia Today, was subsequently banned and then later reinstated.
Currently, he’s being detained under the dreaded ISA for stuff found on his website. “RPK’s case demonstrates the schizophrenic nature of the Barisan Government’s attitude towards bloggers,” says Ong.
Six months after the election, how much have the Barisan representatives responded to the call to set up their own blogs?
Not much, says Ong who found that of the 85 Barisan MPs in Peninsular Malaysia, only 13 of them currently have their own blogs (15%).
In contrast, 59 out of the 79 Pakatan MPs from the peninsula (almost three quarters of them) have their own blogs.
Note that he did not include independent MP Ibrahim Ali in his survey as he is neither with Barisan nor Pakatan.
Nor did he include East Malaysian MPs in his survey because blogs are not so important there.
In the past, the Barisan could rely on the mainstream media not to report or under-report any offensive remarks that may have been made by a Barisan politician.
Now, it is likely that such remarks would be picked up by online news sites or observant bloggers. Once such news leaks into cyberspace, the fallout is instantaneous.
And the mainstream media, which has already been emboldened since the election, will pick it up too. We’ve seen this phenomenon of blog scoops trickling into mainstream news happen in the United States and now it’s starting to happen here.
The Barisan is not used to playing the role of the underdog in the political sphere. But it is clearly outmanned and outgunned in cyberspace.
The number of independent blogs which can be categorised as anti-Barisan significantly outnumber the blogs which are supportive of the Barisan, says Ong, who adds: “It’s hard to name a single influential blogger who can be categorised as pro-Barisan.”
Barisan cannot overcome this disadvantage in cyberspace by throwing money at the problem. Even if it paid a whole army of bloggers to set up pro-Barisan blogs, it wouldn’t work as their credibility would be suspect straight away.
Mercenary bloggers just can’t match the passion of the ones who do it as a labour of love, who do it as a matter of personal commitment.
This is not to say that New Media is a lost cause for the Barisan. Even if it can’t get the blogosphere to support it immediately, it can set a good example by having its MPs and senior leaders maintain good websites or blogs.
They can start by emulating DAP stalwart Lim Kit Siang who began embracing the Internet in the mid-90s.
He even bothered to learn HTML just so his party could have its own website and was one of the key drivers in continuously upgrading the party website, publishing the press statements and also encouraging its MPs to start blogs of their own.
Anwar Ibrahim’s website is very comprehensive and it has sections where one can make financial contributions, request Anwar to speak at events and view his past speeches and op-eds.
He also has a blog which has his public schedule, YouTube videos, related news items as well as press releases.
Even Tun Dr Mahathir Mohamad has joined the blogosphere with over six million visits to date, a remarkable achievement by any standards.
In stark contrast, no senior Barisan leader can claim to have the same kind of Internet presence or traffic.
The most vilified person in the Malaysian blogosphere, Khairy Jamaluddin, does have his own website and it includes a blog.
It will take more than having his own online presence to counter all the negative postings about him but Khairy did garner some attention recently when he criticised the MCMC’s decision to block access to RPK’s website.
Perhaps other Barisan MPs can follow his lead and be willing to express their views frankly and openly through blogs.
The online advantage that Pakatan enjoys does not guarantee them electoral success.
There is no replacing the ‘offline’ activities that are part and parcel of what political parties and politicians need to do – the constituency servicing, the face-to-face meetings, the ceramahs, and so on, says Ong.
“But the Internet has become such a key component of the political battleground that any party that ignores its importance is likely to find itself handicapped,” he adds.
Monday, June 23, 2008
Malaysia BN's creative tactics
So much for the recently announced cost cutting package. So instead of going on vacation, they are now called "official visits overseas".
And with a no confidence vote looming, the numbers below make sense dont they? If you are not around, how do you vote? Clever.
Monday June 23, 2008
137 MPs to reject no-confidence motion against PM
MINGGUAN Malaysia has claimed that 137 Members of Parliament have pledged
to reject any attempt to table a no-confidence motion against the Prime Minister.
Deputy Backbenchers’ Club president Datuk Bung Moktar Radin said he had also directed its members to get ready and arm themselves with “facts” to defend the Prime Minister if ever such a motion saw the light of day at the Dewan.
“However, as of now, we have not received any information about the tabling of such motion. Tomorrow’s (Monday’s) proceedings will go on peacefully and there will be no extraordinary event,” he said.
Sabah Progressive Party (SAPP) president Datuk Yong Teck Lee had on Friday
announced that its supreme council had endorsed a no-confidence motion against
Datuk Seri Abdullah Ahmad Badawi as Prime Minister.
Tuesday, June 10, 2008
Malaysia's cost-cutting package: When not enough is dangerous
Malaysia announced a 2.0-billion-ringgit ($612-million) cost-cutting package aimed at softening the blow after an unpopular 41 percent fuel price increase. A component of this cost-cutting package is a 10% reduction in Minister allowances. Not exactly a major sacrifice if you consider that it is only their entertainment allowances are affected. As their vacations will also be limited to domestic and ASEAN destinations, I am assuming that the state pays for their vacations.
Now I am assuming that 10% of minister allowances and the savings from their travel expenses would not amount to more than a few millions of dollars per year. If it did amount to a larger than proportionate share of the cost savings then perhaps they should be looking at the other 90%. But assuming it doesn’t, these small personal ‘sacrifices’ are operating in tandem with monumental sacrifices from the people of Malaysia as the major component of this cost-cutting package is the deferment of major infrastructure projects.
Unfortunately, while saving the Government millions, such projects like upgrading public transportation and building low-cost housing would in fact help the poor reduce their dependency on private vehicles and rising house prices (due to rising material costs brought about by rising fuel). Therefore, such cost cuttings would only amount to a short term fix and in fact make Malaysians less able to tackle rising costs in the future.
And what about the revenues from rising crude prices? Last year, Malaysia's fuel subsidies cost the state about US$12.44 billion. At that time, crude oil prices hover around US$100 a barrel. However, as a net oil exporter, Malaysia gains from high oil prices, reaping US$77.6m a year in revenue for every US$1 rise in crude prices. Prices of crude has since risen by roughly US$30 and simple projections would mean an increase in revenue of approximately US$2 billion. Can this be channelled to the poor instead? Apparently not as the newly restructured fuel subsidy system (even after the reduction) is expected to cost US$14bn this year (US$2 billion more than last year).
Thus, if a 41% increase is fuel price is a direct result of a reduction in fuel subsidy, there is essentially no increase in revenue the government can play with as the government is essentially spending the same amount as last year while the people are spending more at the stations and left to face rising inflation.
The major source of funding for this relief package is thus coming from a public spend; public spending which would have been more effective in providing relief in the long run. A seeming in ability to manage the economy would definately open the door for the Opposition. We all know the power of bread and butter issues to swing opinion.
Thursday, April 24, 2008
Malaysian Politicians Blogging for Blogging Sake
The reason why they dont work and why the BN will also fail miserably is because political blogging is more than just owning a blog.
- It is about no holds barred, but respectful, engagement with anyone on cyberspace.
- It is about putting yourself out there to criticisms and alternative thoughts.
- It is about leveling the playing field between agents of disparate status and power.
- It is where ideas and thoughts have more currency than position.
It is most definately NOT about just creating a new channel meerly to propagate your message - another podium for you to speak and be heard.
If there is no engagement, there can be no enlightenment.
April 24, 2008
UPFRONT
BN turns to blogging in a belated turnaround
By Hazlin Hassan
KUALA LUMPUR - MALAYSIA'S political leaders are rushing to set up blogs and increase their postings on existing ones after recent polls showed how effective the Internet has been.
Those joining the bandwagon include former Selangor menteri besar Khir Toyo, Malacca Menteri Besar Ali Rustam and former health minister Chua Soi Lek of the Malaysian Chinese Association (MCA).
The move signals a dramatic turnaround because until recently, senior political leaders dismissed bloggers as rumour-mongers and even described some as 'stupid' and 'monkeys'. The authorities have also detained some bloggers for allegedly libellous or seditious postings.
Many of Malaysia's popular blogs - such as rockybru.blogspot.com by prominent blogger Ahiruddin Atan, jeffooi.com by well-known blogger-turned-politician Jeff Ooi, rantingsbymm.blogspot.com by former premier Mahathir Mohamad's daughter Marina, and several others - contain critical commentary on the government.
Some have been blamed for the unprecedented losses of the Barisan Nasional (BN) government in the March general election, which also saw blogger Jeff Ooi being elected to Parliament on an opposition Democratic Action Party (DAP) ticket.
Critics accused BN and its politicians of being out of touch with voters, particularly the young, most of whom seem to rely on the Internet for information these days.
After the election, blogging has been made mandatory for Umno Youth candidates contesting national posts, and the mainstream media and some bloggers have been publicising some of the new blogs.
Datuk Abdul Rahman Dahlan, secretary-general of the youth wing, told The Straits Times: 'We have to accept now that as far as the younger generation is concerned, they are very much suspicious of the mainstream media. This is one way to tackle that. Better late than never.'
He has a bilingual blog, www.mpkotabelud.blogspot. com, in Malay and English, and updates it three times a day.
Deputy Umno Youth chief Khairy Jamaluddin started his website, www.rembau.net.my, before the election. Now he also has an active Facebook profile and there is one for his father-in-law, Prime Minister Abdullah Badawi, as well.
Another new face in cyberspace is former Selangor strongman Dr Khir, who lost his seat and his state to the opposition.
But instead of wooing much-needed support for Umno, one of the first things he did on his blog was to urge Datuk Seri Abdullah to step down.
The Prime Minister 'must be brave enough to accept the facts and create an exit plan', Dr Khir wrote on his Malay-language website www.drkhir.blogspot.com. 'This transition can be done in the near future or in a longer period.
However, it should not take too long because this could jeopardise the administration and the preparations of the party for the next election.'
On average, he receives a couple of hundred comments on each entry.
Ms Tricia Yeoh, director of the Centre for Public Policy Studies, an independent research institute in Kuala Lumpur, said: 'Although initially critical of blogging as a tool of dissidents, the BN politicians now realise the importance of open, honest, rational dialogue and conversation between leader and voter.'
But it may be too late for the ruling coalition. Opposition DAP leader Lim Kit Siang has been blogging since 1997 at blog.limkitsiang.com and his Facebook profile has more than 2,000 'friends'.
De facto opposition leader Anwar Ibrahim's Facebook site is even more of a hit and he has more than 4,000 online friends.
Another politician who has taken to the Internet is Datuk Chua, who resigned after a sex DVD scandal. He has started a bilingual blog in Chinese and English at drchua9.blogspot.com and has been blogging almost every day. He has an online survey asking visitors to say if it is fair for a leader to step down after a bad loss in the general election.
Not everyone has that kind of time, though.
Malacca Menteri Besar Ali Rustam logs on only about once a week. And he has disabled the comments section of his blog after receiving hundreds of reactions online following a comment he made on the need to clean up pig farms in Selangor.
His remarks provoked a flood of criticism, mostly for 'playing up racial sentiments'. Malay Muslims shun pigs on religious grounds.
Sceptics complain about the quality of blogs though, with one saying that 'the mainstream blogs are just as bad as the mainstream press'.
Editor of New Media at The Star newspaper A. Asohan wrote in a Sunday editorial about the move: 'As a cranky and cynical journalist, it is my duty to burst this bubble. It's not going to work.
'You want to counter all that criticism on the Net? Easy: don't give people any ammunition. Don't say stupid things, don't release ill-conceived statements, don't contradict yourself, don't harp on issues that only you seem concerned about,' he said.
Political analyst James Wong, however, believes that the technology should not be ignored. 'We are now dealing with a mass society, it's no more walking around your kampung, talking face-to-face,' he told The Straits Times.
'We have to address the crowds in an everyday sense. The BN totally misunderstood blogging and blogs before the election. The question of whether blogging is good or bad is like saying television is bad. Technology is neutral.'
hazlinh@sph.com.sg


