3 Newly-Appointed Top Judges are to retire soon?

PhotoGrid_1531960612685

I welcome and congratulate the recent appointment of the Chief Justice, President of the Court of Appeal and Chief Judge of Malaya. But considering their respective age of 66, 65 and 65 are they about to retire too?

Therefore there is an urgency of amending the Judges retirement age.

I urge the present government to give priority and table a bill to amend matters pertaining to the retirement age of the judges at the current parliament sitting.

There is an urgency in this matter for two reasons: firstly due to the legal debate over the validity of previous appointment and resignation of Raus Sharif as the Chief Justice and Zulkefli Ahmad Makinudin as the President of the Court of Appeal respectively, there is a need to a finality.  Though there is a related ongoing suit at the Federal Court which is yet to be decided, there is a concern it may be rendered academic.

Secondly considering the recent appointments of the 3 top posts namely the Chief Justice, President of the Court of Appeal and Chief Judge of Malaya, one would realised that these 3 top judges are also approaching the age of retirement.

In Malaysia, under Article 125(1) of the Federal Constitution, superior court judges enjoy the terms of service to retire at the age of 66 years and can be extended by six month by the Yang di-Pertuan Agong.  This is an archaic provision and should be amended accordingly.

Hence the approximate tenure of a year or less will be clearly insufficient for them to achieve anything positively for the judiciary.  By allowing the amendment to increase the retirement age would also allow a smooth transition in the future.  In addition it is also to protect the judiciary from any political criticism and possible constitutional crisis.

I am aware for such amendment, the Parliament require a two third majority, hence the current MPs should vote according to their conscience if such amendment is to be tabled.

Advertisements

Say NO to arrest first, investigate later!

#NOto先抓後來調查.
#NOtoKasiLokapDulu

How often did we hear or experience that our polis do “arrest first, investigate later”? I sudah biasa… It even happened to me prior to my legal practice.

Some of the polis are fond of using such method to intimidate the rakyats. This is so when the complainant is a friend or has bribed them in one way or another.

Of course if someone committed an apparent crime on the spot, that will be a different story.

Recent arrest of Siti Kassim is another example. It is reported PDRM claimed that their action was based on law and their SOP. To me this really brings back the need to form Independent Police Complaints and Misconduct Commission (IPCMC).

Many PH leaders proposed to have such independent body to monitor such abuse of power or misconduct by the polis during BN administration. I had also pushed for the same previously.

Polis must be held accountable for their action.

The rakyats should not be afraid of any rogue police personnel especially when they did nothing wrong.

Therefore it is high time for the current government to establish this body.

Crimes that BN government failed to tackle effectively

Part2 –

SMUGGLING OF FIREARMS

A nationwide spike in shooting incidents signals a worrying trend.

Recently again we read or heard about two shooting incidents: one in Penang and a gun-armed robbery in Johor. This is not something new. Some of us are aware that it is not hard to hire a hitman or purchase/rent a gun in Malaysia. Armed banditry and criminal violence is something that the previous government failed to tackle effectively. It doesnt takes a rocket scientist to know what is the cause of it and how the criminals obtained such firearms. Simply put it is due to corruption and ineffective enforcement (especially at the border of Thailand) to stop smuggling of the firearms.

Typically, the individuals who use firearms to commit violent crimes are not the initial lawful purchasers, but have instead obtained firearms through an illicit (black) market (be it from Thailand or Indonesia or within Malaysia).

There are two Acts that control possession of guns: The Arms Act (1960) and The Firearms (Increased Penalties) Act (1971). It is relatively well regulated.

Therefore it is important to trace the source of crime guns. Routine tracing of firearms recovered from criminals is key to the effective enforcement. Those trace data can be used by law enforcement to identify dealers who sell or supply a disproportionate number of crime guns. These people can then be subjected to heightened scrutiny. Individual traffickers can also be identified through trace data.

It is also equally important to identify the points along the border used by syndicates to smuggle in guns. This can be found at the Thai or Kalimantan border and not forgetting the southern side where boats are coming from Indonesia.

Our enforcement authorities need to be more effective to curb gun smuggling. So are strict policies to be implemented to enhance accountability and thereby prevent violent injury and death and more importantly to live in a safe and peaceful country.

New Beginning for Malaysia

Part 1: Change that is unlikely to happen if BN continue to rule –

EDUCATION SYSTEM.

Education is important for a country to grow, in fact it is the most important criteria. Whether it is economically or socially, education plays a vital role in the growth of these two important factors.

Now the government has re-established a single ministry. Kudos to that, no more bureaucracy.

Next we need to understand that education must be secular and free from political and religious interference. There should be academic freedom such as students’ self-government and return of universities autonomy (to revisit UUCA).

They should re-look at the quota system or make university enrolment or award public scholarship more meritocratic.

Same goes to the employment and promotion of academicians.

Once the above is achieved, vernacular schools must consider an under one roof system in order to promote national integration.

VOTE WISELY IN GE14

Keep-calm-and-vote-wisely-11

Jangan mudah percaya. Jangan mudah diperbodohkan. Dont be easily manipulated. Dalam hari dan minggu yang akan datang, kita akan terima pelbagai dan banyak video, mesej & gambar bagi tujuan menarik undi.

I reiterate, in days to come we will receive more and more of fake, hatred & provoking videos and messages etc. All they want is to create hatred. Shout and jeer at ceramah. Our social medias will be flooded with negative and unsubstantiated information. Yes it may be enjoyable to watch or hear but they should really talk about the welfare of the people and betterment of the nation with real facts. Dont get me wrong, I am not referring to a specific party, any political party would do the above.

Therefore vote wisely. Vote for the right candidate and not blindly for the party. Make our own evaluation, research and think rationally.  Thank you.

Dont Let Go

IMG-20180225-WA0077

#dontletgo
#andyyongkimseng
#bukitbendera
#升旗山

最近看了一个动漫片《Coco》 ,讲述了人们对于死亡的认知。当世界上没有一个人再思念你的时候,你才是真正的死去消亡。所以我们每一个人都永远都会活在别人的记忆中。
可是在今天的打枪铺,却有这样一群老人,虽然活着,却几乎被世人遗忘了。他们是几乎提前被世界宣告死亡的一群人…..其中一位几乎被世人遗忘的老太婆(Chin Guat Kee)85岁是位常年没有家人陪伴、也无人造访的老人。她几乎与世隔绝,再加上行动不便,只能常年待在家里和靠一些好心的邻居偶尔送碳帮忙梳洗。我真担心她突然有一天消失了会怎么样呢。。。
我恳求日后无论任何一个政党如果能当上打枪铺的代议士,请尽你们的能力帮帮这一群被遗忘的老人,因为有一天我们也会老。。。

Sometimes we live in a world where people are denied their rights, simply because of their age.
One cannot escape noticing there are many elderly citizens living at Rifle Range flats in Penang. In any situation, there is always service and helpful hands in need when it comes to the elderly. I have recently met Madam Chin Guat Kee, aged 85 living alone. She lives on social welfare subsidy of RM300 a month. She is unable to walk without assistance hence spent the Chinese New Year in her small flat by herself. She needs help and encouragement. I know many are facing the similar situation.
The smallest, simplest things can make a person’s day easier and happier. Dont let go…

Blog at WordPress.com.

Up ↑