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Exclusive interview by Malaysiakini

26/05/2015

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Interviewed by: Hafiz Yatim & Chai Jia Mei

Published May 24, 2015

INTERVIEW Gerakan may be a member of the BN but the party’s deputy youth chief Andy Yong’s entry into politics was inspired not by someone from the ruling coalition but by a PAS leader.

And it’s not just any PAS leader. Yong said this person was pivotal in the formation of the Islamist party’s organ Harakah.

The 43-year-old endearingly refers to that person as sifu (master).

Throughout the interview with Malaysiakini, the one who piqued Yong’s interest in politics remains unnamed, but he did provide some hints: the PAS leader is his father’s friend, is a Kelantanese who now lives in Johor Bahru and more importantly, is someone he respects.

Yong said whenever his sifu is in the same city, they would make it a point to catch up.

Despite their seemingly conflicting political ideologies, he often serves as Yong’s sounding board.

“I learned a lot from him and look up to him. He is more of a guide to me in politics because of his seniority.

“He has shared his experiences, and (he) sometimes caution me in whatever things that I intend to do,” Yong told Malaysiakini in an interview last month.

Belief in ‘conscience of BN’

Yong graduated with a law degree from Bond University in Queensland, Australia.

When choosing which party as his political vehicle back in 2007, Yong said he received application forms from three corners – Gerakan, MCA, and PKR.

However, the Johor Bahru-born was attracted to Gerakan due to its multicultural politics. The ‘pull factor’ for entering politics has always been strong.

“Put it this way. Above all, I know MCA is out of the picture because I always believe in mixing with multicultural friends, which is one thing I love in Gerakan until today. That is the core reason (behind choosing Gerakan).

“Secondly, politics can be used as a platform for me to contribute something back to society. I think I needed to get involved, either in one of the NGOs or the political parties; that’s why I decided to go into politics,” he said.

Yong said his father, whom he described as a ‘typical Chinaman’, tried to play the devil’s advocate. His old man told him, “If you can’t earn a living, forget about being a politician.

His wife has been supportive of his involvement in politics.

To maintain a healthy balance between politics and family, the father of two also made a commitment to ensure that Sunday is set aside just for family.

Expanding further on why he chose Gerakan over others, the youth leader explained he studied the various party constitutions and found Gerakan’s the most appealing.

“Gerakan is trying to be the conscience of BN. Whether rightly or wrongly, of course we are not the top three component parties, but we have been so called the “cari hal punya dalam component party (the one which creates problems among all the component parties).”

“For example, with the introduction of the amendments to the Prevention of Terrorism Act and the Sedition Act, our MP and (president) Mah Siew Keong is the one making noise. However, unfortunately, we do not own any media like MCA, (or) Umno to highlight this,” he lamented.

Lack of sincere politics ‘disturbing’

Yong said he espouses what is termed in Malay as politik ikhlas (sincere politics).

“I find it very disturbing (that there is no sincere politics) among politicians. I’d say not many in Malaysia – be it ruling or opposition – are involved in sincere politics.”

Even when acknowledging that authenticity is rare in today’s politics, Yong says he does not care.

“I’d rather walk alone than walk in a group, but in the wrong direction. We should not kelentong (tell lies) to people, as things spread fast through the social media compared to those days,” he said.

When probed further whether there are truly those who practise sincere politics in the current scenario, Yong said they do exist, even from the ruling BN and also the opposition.

He remarked that he used to face pressure when issuing statements that are against the government’s stand.

“Some have even remarked that ‘Eh, you terror sangat, keluar BN la you’ (If you think you are so great, then you should leave BN). At one point, a minister called my party president Mah to complain but Mah continued to support me,” he said.

For this reason, Yong tells aspiring politicians to ensure they have financial stability before taking the leap into politics.

“I always tell the young members who come in to become members, ‘By hook or by crook, make sure you are financially stable before you commit yourself to politics’.

“I see many of them, a lot of them, they don’t have stable jobs, their businesses are not doing well, and after seven to eight years’ involvement in politics, they couldn’t survive…. I’ve seen with my own eyes that the moment you are not financially secure, more likely than not, you are there for the wrong reason. The temptation is always there,” he warned.

Young blood for the party

Yong added that being the Gerakan deputy youth chief, his main task is increasing membership in the party and he has been doing that in the Kelana Jaya division.

Asked to describe past Gerakan presidents, Yong said the late Lim Keng Yaik (below) was the gung-ho type, while Koh Tsu Koon was more the intellectual variety. The current president, he adds, is a mix between the two.

Even though he himself is already 43, Yong hopes the direction the party takes will be towards reducing the age ceiling.

At present, one can be above 40 and still remain in the youth wing, and Gerakan is the only political party in Malaysia that hangs on to 45 as the cut off age for its youth section.

Yong said he hopes that clause in the party constitution will be amended to encourage young blood to rejuvenate the party from within.

In the last general elections, the ruling coalition gave Gerakan Youth nine seats to contest at the Federal and state levels.

Even though he would not benefit from it, and one is reminded of the term ‘sincere politics’, Yong remains optimistic that the opportunity would be increased for youths in Gerakan to take the plunge and run as candidates.

As a party that of late is no longer a political power to be reckoned with, Gerakan is undergoing rebranding efforts.

For Yong, it is more than just skin deep. Again, he emphasised the need for ‘sincere politics’ in his own party.

“I always remind (them), saudara, who is our real boss? It’s the rakyat, it’s the voters and we are answerable to them,” he said.

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http://mmy.malaysiakini.com/news/299426

http://m.malaysiakini.com/news/299411

Keluhuran Perlembagaan; Kedaulatan Undang – Undang

10/05/2015

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We will fight on to defend the Constitution…

08/05/2015

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Time has changed, we should move forward together.

23/04/2015

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Looking at some responses to the recent verdict against an Opposition leader, I am not surprised. This is exactly what I previously called as cognitive or confirmation bias. When a judgement is in favour of her or him, no one praise or give credit to the Judge. When it is otherwise, they alleged with all sorts of negative criticsms on the Judiciary.

Ask any lawyer be it from BN or PR, no one will say with 100% certainty that all Judges in our country are corrupted or being subservient to the government of the day.

Spin, twist and confuse; these are the key words played by most politicians today. Sincerity is a peculiar word.

Many have allowed assumptions, biases and illusions to shape their thinking especially from the social media.

Same goes to certain quarters in Umno who wanted to play the racial cards. To a certain extent, at least Pas openly declare to achieve Islamic state as their core ideology. It should not be about the numbers game anymore nor fear of losing. It should be about moving forward in the right direction; as Malaysians.

They say politics is the art of possibility. Though it may sounds far-fetching now, the possibility of merging BN and PR would be ideal. Not all are selfish. We can be better and create a truly developed nation in all aspects as a united Malaysians.

All we need is to be compassionate, with great vision and less irrational and colour – blind.

Pas Hudud: Let’s the Court decide

21/04/2015

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KOTA BAHARU, 20 April (Bernama) — Mahkamah Tinggi di sini hari ini menetapkan 7 Mei bagi keputusan berhubung saman pemula difailkan parti Gerakan terhadap kerajaan negeri Kelantan berhubung Kanun Jenayah Syariah II 1993 (Pindaan 2015) atau hudud.

Hakim Datuk Azman Abdullah menetapkan tarikh itu selepas mendengar hujahan daripada kedua-dua pihak.

Kerajaan Negeri Kelantan diwakili Penasihat Undang-Undang Negeri Shahidani Abdul Aziz manakala Gerakan diwakili peguam Andy Yong.

Shahidani dalam hujahnya berkata Mahkamah Tingggi tidak mempunyai kuasa untuk mendengar kes berkenaan kerana tidak mendapat kebenaran daripada Mahkamah Persekutuan dan ia selaras dengan Perkara 128 Perlembagaan Persekutuan.

Bagaimanapun, Yong dalam hujahannya berkata Mahkamah Tinggi mempunyai bidang kuasa untuk mendengar kes berkenaan dan menambah, pihaknya akan merujuk kes berkenaan ke Mahkamah Persekutuan jika permohonan bantahan awal itu ditolak.

Gerakan pada 18 Mac lepas memfailkan saman pemula di Mahkamah Tinggi di sini, bagi memohon deklarasi pembatalan terhadap Enakmen Kanun Jenayah Syariah II 1993, yang pindaannya dibentangkan pada persidangan Dewan Undangan Negeri (DUN) Kelantan pada tarikh sama.

Saman pemula itu difailkan oleh tiga anggota parti berkenaan, iaitu Tuan Mat Tuan Wil, Soh Hoon Lee dan Chung Mon Sie melalui Tetuan N. S. Leong dan S. T. Low di Pejabat Pendaftar Mahkamah Tinggi dan menamakan Kerajaan Negeri Kelantan sebagai defendan.

Dalam saman pemula tersebut, plaintif memohon pengisytiharan mengikut Artikel 76 dan 76 (A) Perlembagaan Persekutuan bagi perisytiharan bahawa Enakmen Kanun Jenayah Syariah II 1993 adalah batal dan tidak sah kerana bertentangan dengan Perlembagaan Persekutuan.

Selain itu, turut dipohon suatu deklarasi bahawa Enakmen Kanun Jenayah Syariah II 1993 adalah menyalahi undang-undang, batal dan tidak sah, dan bertentangan dengan Perkara 4 (1) Perlembagaan Persekutuan.

Hudud will complicates the nation

10/04/2015

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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。

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