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No man is above the law

28/03/2015

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Concerned over the ongoing police crackdown against activists and politicians, Gerakan Youth has questioned how the inspector-general of police (IGP) define sedition and rallies.

It is also a case of misplaced priorities as there are many pressing issues that the police needed to deal with urgently, its deputy chief Andy Yong said.

Does the IGP really know the law before an arrest (is made)? Or he prefers to define ‘seditious tendency’ in the Act according to his wishes?” quizzed Yong, who is a lawyer.

Issues such as security of the country and illegal activities are pressing matters that the police should focus on, rather than curb public assembly or honing in on sedition.

In the arrests connected to protests, he said the police deemed these protests illegal because the 10 days’ notice was not given.

“Don’t they know there are several cases decided by the court that Section 9(5) of the Peaceful Assembly Act (PAA) which requires the organiser to give 10 days’ notice to the police is ultra vires (the constitution),” he asked further.

Yong referred to the Court of Appeal landmark case of Nik Nazmi Nik Ahmad vs Public Prosecutor, which stipulates the requisite to give prior notice before an assembly is unlawful.

‘As long as it’s peaceful’

The PAA, Yong said, gives a right for every citizen to assemble, whether notice was given or not.

“To criminalise for not giving notice and penalising the organiser has no nexus to ‘public order’ or ‘interest of the security of the Federation’ unless the assembly was not peaceful.

He reminded the police that as long as the assembly is peaceful, criminalising it is not integral to the purpose of the legislation.

Yong was referring to the spate of arrests of activists and opposition leaders following a rally held in Kuala Lumpur earlier this month, and also the arrests of individuals who posted comments on political or religious matters on twitter.

The lawyer added judicial precedents prove the recent arrests have no strong basis, especially when there were no reports of violence and the gatherings are peaceful.

“Until there actually is a report of violence escalating during the rally, there is no need for the police to enforce the PAA,” he said.

Yong added that Malaysia should emulate countries like Hong Kong or Britain, where the police are there to ensure public order and security, and demonstrators do not resort to violence.

“Hence, ultimately I urge the police to concentrate more on reducing crime instead of being perceived as being used as a political tool,” the Gerakan leader voiced out.

Yong’s statement today echoes the concern made by newly elected Malaysian Bar president, Steven Thiru who reminded the police that they should respect constitutional rights.

Gerakan: Does IGP define rallies, sedition as he wish? – http://m.malaysiakini.com/news/293508

针对最近警方镇压对付活动份子和政治家,民青团署理团长杨锦成质问总警长如何定义煽动和集会。他指出,警方不分事情的重要性,尽管他们还有很多紧迫的课题需要紧急处理。

 

“总警长在还未做出逮捕前,是否真正了解该法令?抑或他更喜欢按照自身的意愿定义‘煽动倾向’?警方应该关注国家安全和非法活动的问题,而不是遏制公众集会或过于关注煽动法令。”杨锦成说。

 

杨锦成指出,警方认为这些抗议活动是非法的,因为主办单位并没有给予10天的提前通知。他表示,难道警方不知道在过往法院判决的几宗案件中,和平集会法的第9(5)条文中的主办单位给予警方10天通知是越权(宪法)的。

 

杨锦成以上诉庭的公正党青年团团长聂纳兹米与检察官案件作为依据,其中规定在集会前给予事先通知是违法的。

 

杨锦成强调,和平集会法赋予所有国民集会的权力,无论有否给予事前通知。他认为,除非该集会不和平,否则因没有事先通知而遭定罪和惩罚主办单位是不正确的,因为这根本与公众秩序或宪法的安全利益毫无关系。他提醒,只要该集会是和平的,那在司法上是不应被定罪的。

 

杨锦成针对月初多名活动份子和反对党领袖在吉隆坡举行的集会遭逮捕,以及在推特发表政治和宗教评论被逮捕的用户发表以上言论。

 

“过往的司法判例证明最近的逮捕行动并没有有力的依据,尤其当中并没有任何暴力事件的投报,因此该集会是和平的。除非在集会有相关的暴力事件升级投报,否则警方不需要强制执行和平集会法。”杨锦成说。

杨锦成指出,马来西亚应效仿香港或英国,警方确保公众秩序和安全,同时示威者也不会诉诸暴力。因此,他呼吁警方专注降低罪案率,而不是被视为政治工具。

Defending the Federal Constitution

27/03/2015

Taklimat kepada pucuk pimpinan dan ketua-ketua bahagian seluruh negara mengenai kedaulatan Perlembagaan dan kepentingan mengekalkan satu masyarakat yang adil dan saksama.

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民青團署理團長楊錦成律師

20/03/2015

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Hudud Pas is Unconstitutional

19/03/2015

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We never challenge the religion nor its law. It is not a question of why the non-Muslims are so worried about Hudud as it is not applicable to them. By the way, we are more concern of Hudud by Pas and its validity.

18.3.2015 Kota Bahru: Gerakan Legal Team led by Gerakan Deputy Youth Chief Andy Yong Kim Seng has filed a court case against the amendments to the Syariah Criminal Code (II) Enactment that facilitates Hudud implementation in Kelantan at the Kota Bahru High Court today. Other members of the legal team who were present at the courthouse including Jayanthi Devi Balaguru, Chai Ko Ting and Ong Siang Liang as well as around 30 Gerakan members who were there to support the cause.

It is understood that PAS will table the amendments Hudud Bill at the Kelantan State Legislative Assembly today. Andy Yong asserted that Gerakan steadfastly maintains that the Bill is unconstitutional and impractical as it is against the basic foundations of the nationhood as enshrined in the Federal Constitution. The party has decided to challenge its constitutionality following PAS’s insistence to table the Bill despite repeated warnings.

“Gerakan is firmly against the implementation of Hudud in Kelantan or any other parts in Malaysia and we seek legal redress to declare the Bill is unconstitutional and therefore void,” said Andy Yong.

“We in Gerakan are committed to safeguard the Federal Constitution as well as protecting the rights and interests of the people through our legal challenge against Hudud, we appeal support from all parties as it is a Malaysians’ response to this Hudud crisis,” said Andy Yong.

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No “smokescreen” politics please

09/03/2015

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Recently Tony Pua has been consistently threatens to expose more of the alleged 1MDB fund’s corruption, incompetence and abuse of power after he received a court writ from the Prime Minister  for a defamation suit. Tony also accused that such legal suit is a strategy to silence him by the Prime Minister.

 

To this Andy Yong, National Deputy Youth Chief of Parti Gerakan Rakyat Malaysia urges Tony to stop playing “smokescreen” politics as he has been fond of doing since elected as Petaling Jaya Utara member of parliament.

 

“It will be more productive for him as a “wakil rakyat” to serve the nation productively instead of shouting, demonstrating and issuing statements” said Andy.

 

Tony also accused the PM lack of governance, transparency and accountability, in order to paint a picture as if that the country’s economy under the PM’s leadership is going down the drain.

“Do not forget his own dirty linen in Cyber Village Sdn Bhd before becoming an active politician. Does he wants to open his own can of worms?” asked Andy.

The PM has also called for probe into accounts of 1MDB account recently. Andy added “while it is a right move, the audit shall be conducted independently and without any political interference”.

 

Last Andy comments that “above all Tony should first understand the fundamentals of company laws before confusing the people with negative statements in relation to 1MDB”.

杨锦成:潘俭伟不应玩弄烟幕政治

潘俭伟在收到首相的诽谤传票后,威胁将曝露更多有关一马发展公司(1MDB)的腐败、无能和滥权。同时,他也指责该次的法律诉讼是首相要他不再揭露一马发展公司问题的策略。

针对此事,民青团署理团长呼吁潘俭伟停止玩弄烟幕政治,因为自其中选为八打灵区北部国会议员后,就一直喜欢玩弄烟幕政治。

“作为人民代议士应更有效率地服务人民,而不是一味地叫嚣、示威和发文告。”杨锦成说。

潘俭伟一直都在指责首相缺乏管治、透明和诚信,就只为了制造若在首相的领导下,国家经济将会全面奔溃的假象。

“不要忘记他在成为活跃政治家前,在Cyber Village Sdn Bhd的丑事,难道他想自揭疮疤?”杨锦成问。

针对首相最近也呼吁审查1MDB账户,杨锦成表示,虽然这是一个正确的举措,但该审计应该独立,同时也不能有任何政治干预.

杨锦成指出,在还未发表有关1MDB的负面评论,混淆人民前,潘俭伟首要的是先理解基本的公司法例。

Gong Xi Fa Cai ! Multi – racial festive seasons are a wonderful celebration in Malaysia

19/02/2015

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Yes, divorce first before conversion

06/02/2015

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In the past, there had been several controversial matrimonial cases due to the conversion to Islam by a non-Muslim spouse in civil marriages.

To this Parti Gerakan National Deputy Youth Chief Andy Yong said “this is particularly so when one spouse (usually the husband) who has converted to Islam without the knowledge of the other. The situation made complicated when the children of the marriage are also being converted to Islam without the knowledge or consent of another parent. Other related controversial issues involved the validity of divorce, maintenance, alimony, burial ceremony and court’s jurisdiction (between civil and Syariah courts) in deciding the dispute”.

It is reported recently that Negeri Sembilan Islamic Religious Council  (MAINS) has proposed new regulations such as requiring a non-Muslim to obtain dissolution of marriage from his or her spouse before converting to Islam.

Andy supports the said proposal as this will resolves all previous legal complications when one spouse converted unilaterally. This is especially so in relation to section 51(1) of the Law Reform Act (Marriage and Divorce) 1976 that stipulates “when one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce” of which there is a lacunae here (which is often the case) when the converted spouse did not inform his or her spouse.

Other related law that is potentially solved too includes Article 12 (4) of the Federal Constitution where it states “…the religion of a person under the age of eighteen years shall be decided by his parent or guardian”.    “This particular provision has created legal controversy and dispute in the past as there were different thoughts on the interpretation of “parent” resulting injustice to the non-converting spouse. And if such proposal by MAINS is passed, the civil court may also decide issues involving support, care and custody of the children prior to the conversion ” added Andy.

Lastly Andy agrees that “it will be ideal if other states follow the same proposal by MAINS in order to avoid controversy and most importantly would ensure that Islam would not be ridiculed just because of a wrongdoing of a Muslim convert. This is also to protect the sanctity of Islam”.

在过往,曾因为婚姻中的非穆斯林配偶皈依伊斯兰教,而发生过几宗有争议性的婚姻诉讼案件。

民青团署理团长杨锦成指出,这情况尤其发生在当其中一方(通常是丈夫)没有通知配偶的情况下转教。同时,在没有知会配偶的情况下,就为孩童转教,这将使情况变得更加复杂。其他相关的争议性课题包括离婚的有效性、赡养费、抚养费、葬礼和法院管辖权(民事和回教法庭间)的有效性。

根据今日太阳报的报道,森美兰州伊斯兰宗教理事会建议新的规定,要求非穆斯林在转教前,与其配偶离婚。

杨锦成对此建议表示赞赏,因为这将解决以往夫妻单一方面转教时所面对的法律纠纷,这尤其是和1976年法律改革(婚姻及离婚)第51(1)条文中的“当一方在婚姻中转教,那没有转教的另一方可以申请离婚”有关,但这有个缺点(经常发生的情况),转教后的一方并没有通知其配偶。

“另一项获得解决的相关法律包括联邦宪法第12(4)条文,其阐明18岁以下孩童的宗教应由其父母或监护人所决定。这特殊的规定在过去也造成法律的争议和纠纷,因为“父母”定义的不同诠释,这对于非转教配偶是不公平的。若森美兰州伊斯兰宗教理事会的建议通过,民事法庭也可以决定涉及孩童在转教前的支持、照顾和抚养问题。“杨锦成说

最后,杨锦成赞同若其他州属遵循森美兰州宗教理事会的建议是最为理想的,以避免发生争议,更重要的是将确保伊斯兰教不会因为错误的转教问题,而被嘲讽。同时,这也维护伊斯兰教的尊严。

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