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Do they have the political will to resolve Indira Ghandi’s problem?

21/01/2016

They know what are the problems and solutions. It is the law…If there is a political will, a special parliamentary sitting should be called instead.

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A balance is needed. PDRM shouldn’t intimidate

19/11/2015

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Gerakan Deputy Youth Chief Andy Yong Kim Seng has chastise the police for abusing their power in the detaining of taxi driver Hanizan Mohamed Radzi on 10 October 2015 over the kidnapping of a child. He was later released by the police and exonerated one week later.

However, Andy Yong who is also a lawyer claimed that the saga has caused much embarrassment to Hanizan and his family and ironically he was awarded the Special Category Award by the Land Public Transport Commission (SPAD) yesterday.

“I have dealt with a number of clients where they were initially detained by the police only to be later discharged and released. Some of my clients are actually being requested to present themselves at the police station to assists in an investigation but was later arrested.”

Andy added that sometimes there is no clause in the police diary to justify an arrest as the remand order is supposed to be granted by the Magistrate.

“I believe that such blatant abuse happened in many cases in the country previously where certain culprits resulted to bribery in order to be released especially if they have committed only minor and bailable offences.”

Andy further stated that while he understood such measures being undertaken by the police if it involves serious offences or even terrorism, but in reality ordinary Malaysians who committed minor offences can be abused by the police for threat by being locked up or detained. This puts these individuals at the mercy and whims of the police.

“I strongly advice all Malaysians to know their rights if they have been arrested unlawfully and consider initiating legal action if false imprisonment is involved. As for the police, I hope that they are aware that under the rule of law, evidence and grounds to justify an arrest of a suspect is provided prior to the action taken.”

民青团抨击警方滥用权力

杨锦成:须给予无辜者公正判决和赔

杨锦成律师

2015年11月19日

针对警方于2015年10月10日在加影掳童案中滥用权力,拘留德士司机哈尼占,并随后释放该司机和宣布其无罪一事,民青团署理团长杨锦成大表抨击。

 

同时也是律师的杨锦成指出,该事件对哈尼占及其家人造成了很大的困扰,更讽刺的是昨日陆路公共交通委员会还颁发了特别奖予哈尼占。

“我有很多客户最初遭警方拘留,但随后也被释放和宣布无罪,也有一些客户实际上被要求到警局协助调查,但随后却遭逮捕。”

杨锦成表示,往往很多时候,警察办案日记中没有任何条款让他们对逮捕作出辩解,因为只有逮捕令都是由法庭所发出。

“我认为过去国内发生了很多公然警方滥权事件,某些罪犯通过行贿以便获得释放,尤其是当他们只犯下轻微和可保释的罪行。”

杨锦成表示,若涉及严重的罪行或恐怖活动,他理解警方采取这样的措施,但事实上警方很可能会滥权,威胁羁押或拘留犯下轻微罪行的国民,这使得他们任由警方摆布。

“我呼吁国民必须清楚了解自身的权利,如果他们被非法逮捕和非法监禁,可以考虑采取法律行动。同时,按照法律,我也希望警方知道在采取行动逮捕嫌疑犯前,必须要有证据和理由。”

 

Do our Judges truly give priority to the Constitution?

23/10/2015

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Disappointed with the Federal Court’s decision in disallowing Gerakan’s leave to hear our challenge against Pas Hudud.

Though the learned Judge held that we passed the first test held in Mamat Daud case ie our application is not frivolous and vexatious but our applicants did not state whether there are Muslims or not in their affidavits. She could have taken judicial notice that clearly our first applicant is a Kelantanese Muslim.

In 2003 Datuk Zaid Ibrahim filed in a similar suit at the Federal Court against Kelantan state. Leave was granted though he did not mention he is a Muslim in his affidavit. That is why I said it is not really a judicial decision but…

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Hudud needs Conference of Rulers’ consent?

11/10/2015

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Gerakan asked if PAS’ president Abdul Hadi Awang has consulted the sultans on his hudud bill, considering the Islamic penal code would apply to all Muslims including the royalty.

Gerakan’s head lawyer and national deputy youth chief Andy Yong asked in Hadi had gotten the “green light” from the rulers to proceed with his bill.

He pointed out Kelantan’s Syariah Criminal Code 1993 (II) (Amendment) 2015 (hudud) would apply to all who profess Islam, including the rulers as no exception has stated otherwise.

“Hence article 38(4) clearly states that, ‘No law directly affecting the privileges, position, honours or dignities of the rulers shall be passed without the consent of the Conference of Rulers (COR).

“I doubt Hadi or Kelantan state consulted the COR, not to mention that the constitution required a special court under article 182 for any proceedings by or against the rulers, was not taken into account in the Kelantan hudud law,” said Yong in a statement.

“With the ongoing hudud legal battles in court such as the injunction against the speaker by the four Malay applicants and Gerakan’s challenge at the federal court, perhaps the COR should be consulted and decide on the hudud law in accordance to the federal constitution,” he said.

Yong reminded that the sultans are the head of Islam according to Article 3 (2) of the federal constitution.

While Hadi had tabled his bill in Parliament after securing a unanimous vote from PAS and Umno assemblypersons for the hudud enactment at the Kelantan assembly, the bill has yet to be heard in the last two sittings.

“As of today, it is reported that Hadi has yet to table his third attempt of the private member’s bill,” Yong noted.

Don’t play the “slap” racial game

01/10/2015

Tajuddin ‘slap’ remark earns ‘flying kick’ response – http://m.malaysiakini.com/news/314220

Gerakan Youth deputy chief Andy Yong wonders whether deputy Agriculture and Agro-based Industry Minister, Tajuddin Abdul Rahman has an inferiority complex following his remark of ‘wanting to slap the Chinese’.

Yong said Tajuddin should maybe slap himself first.

“What makes him think Chinese ambassador Huang Huikang’s visit (to Petaling Street) is about seeking a godfather assistance? Why must he or those like him always want to play the racial game?” he asked.

“With such a mentality from people like Tajuddin, the country can never produce a just and fair society. Our nation will not move forward progressively.

“On behalf of Malaysians, I can also warn him by giving a flying kick which is harder and longer than his hand,” said Yong.

Yong (photo) added it was people like Tajuddin that would cause BN to lose votes.

This, he said, is especially from amongst the urban electorate or those who are fence-sitters.

“I hope Prime Minister Najib Abdul Razak will take stern action against him by suspending or terminating his services as deputy minister,” he said.

Stop ‘fantasising’

Yong, who is also a lawyer, was commenting on Tajuddin’s remark today where he warned Malaysian Chinese community not to take their grouses outside of the country or risked getting slapped.

“Nak kena lempang macam itu (Going to get a slap, if like that),” Tajuddin had said at a press conference in Kuala Lumpur.

He had also called on the Chinese Malaysians to stop ‘fantasising’ about external powers coming forward to defend them.

“Chinese people in Malaysia, don’t fantasise that there will be a big boss coming, that there will be a godfather coming from China to help you. Don’t fantasise like that,” Tajuddin had said.

Is Tun Mahathir also challenging the rights and dignity of Malays?

19/09/2015

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Gerakan Youth today questioned claims by the government’s top two leaders that Malay dignity has been challenged.

In fact, said Gerakan Youth deputy chief Andy Yong, Malays already dominate most things in society.

“I question whether Bersih 4 or the Chinese actually questioned the Malays’ right and dignity? I do not think they did it out of any ulterior motive of racial play.

“Our former premier Tun Mahathir Mohamad also attended the Bersih 4 rally two days in a row, does that mean Tun is also challenging Malays’ rights and dignity?”

“As we know, except for the entrepreneurship, business corporates or industry, professionals and economy where there is no dominance by a single race, Malays practically dominate everything,” Yong said in a statement.

Prime Minister Najib Abdul Razak (photo) yesterday said the Himpunan Rakyat Bersatu rally on Sept 16 was to show that Malays can stand up for themselves if their leaders are mocked and their dignities challenged.

“They slapped us once, twice, three times, that’s fine. But when they slap us for the fourth time, they have gone overboard.

“Malays, too, have the rights. Malays, too, can show that we can stand up when our dignity is torn apart and our leaders mocked and shamed,” Najib said at a national gathering for silat practitioners.

The same was said by Deputy Prime Minister Ahmad Zahid Hamidi, of the Malaysia Day rally called to counter the Aug 29 and Aug 30 Bersih 4 rally.

The Bersih 4 rally among others called for Najib’s resignation amid allegations of corruption, and was attended by at least 100,000 people, most of whom were ethnic Chinese.

Stop worrying about racial dominance

“PM and DPM should be committed to the pursuit of a non-ethnic approach as the basis of its political struggle, be it in politics, economics, education and culture.

“We ought to move towards economy progress instead of worrying about racial dominance which very often politicised,” Yong said.

According to organisers, the Himpunan Rakyat Bersatu rally which was heavily supported by Umno was also to show that Najib has the people’s backing.

BN had in the days leading up to the rally failed to come to a consensus on the event. Most non-Malay based coalition partners opposed the rally due to its racial sentiments.

About 45,000 people attended the rally, which also saw scuffles after protestors hurled things at police who barred them from entering the traditionally Chinese area Petaling Street.

Several protestors and two police officers were injured, while two protestors were arrested. Police said those arrested tested positive for drugs.
http://m.malaysiakini.com/news/312851

Whatever it is, we need to have fun in life!

13/09/2015

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We are all guilty of getting stuck into a routine on a daily basis. Routines that are not so healthy for us but we keep doing it because it’s comfortable. Then we sit and wonder why we can’t get into shape, keep attracting the same type of person, or experiencing the same life lessons over and over. Well it’s because you keep doing the same thing. Therefore getting the same results.

This applies not only in politics but also in job, daily life and relationships. Sometimes we need to shift our energy and focus in having fun!

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